[Congressional Record Volume 165, Number 28 (Wednesday, February 13, 2019)]
[House]
[Pages H1589-H1995]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
CONFERENCE REPORT AND EXPLANATORY MATERIAL STATEMENT ON H.J. RES. 31,
FURTHER CONTINUING APPROPRIATIONS FOR DEPARTMENT OF HOMELAND SECURITY,
2019, SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE COMMITTEE ON
APPROPRIATIONS
Conference Report (H. Rept. 116-9)
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the joint
resolution (H.J. Res. 31), making further continuing
appropriations for the Department of Homeland Security for
fiscal year 2019, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2019''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Adjustments to compensation.
Sec. 7. Technical correction.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
Title I--Immigration Extensions
Title II--Technical Corrections
Title III--Budgetary Effects
SEC. 3. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2019.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 shall be available
(or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits
such designations to the Congress.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
For a payment to Joe Anne Jones, widow of Walter B. Jones
Jr., late a Representative from North Carolina, $174,000.
SEC. 7. TECHNICAL CORRECTION.
Division O of the Consolidated Appropriations Act, 2018
(Public Law 115-141) is amended--
(1) in the heading, by inserting ``Stephen Sepp'' before
``Wildfire''; and
(2) by amending section 101 to read as follows:
``SEC. 101. SHORT TITLE.
``(a) Short Title.--This division may be cited as the
`Stephen Sepp Wildfire Suppression Funding and Forest
Management Activities Act'.
``(b) References.--A reference to the Wildfire Suppression
Funding and Forest Management Activities Act, including a
reference in a regulation, order, or other law, is deemed to
refer to the Stephen Sepp Wildfire Suppression Funding and
Forest Management Activities Act.''.
[[Page H1590]]
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$141,381,000: Provided, That not to exceed $30,000 shall be
for official reception and representation expenses: Provided
further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation until the
Secretary complies with section 106 of this Act and
$13,000,000 shall be withheld from obligation until the
Secretary provides the first report on border apprehensions
required under this heading by the report accompanying this
Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,083,837,000: Provided, That not
to exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $175,920,000, of
which $55,920,000 shall remain available until September 30,
2021; and of which $120,000,000 shall remain available until
September 30, 2023, and shall be transferred to and merged
with the General Services Administration's Federal Buildings
Fund for Department of Homeland Security headquarters
consolidation at St. Elizabeths: Provided, That not later
than 30 days prior to any such transfer of funds, the
Secretary of Homeland Security and the Administrator of
General Services shall provide to the Committees on
Appropriations of the Senate and the House of Representatives
a detailed plan delineating the proposed use of such
transferred funds for such headquarters consolidation
project.
research and development
For necessary expenses of the Management Directorate for
research and development, $2,545,000, to remain available
until September 30, 2020.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $253,253,000, of which $78,299,000
shall remain available until September 30, 2020: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $168,000,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives
a monthly budget and staffing report that includes total
obligations of the Department for that month and for the
fiscal year at the appropriation and program, project, and
activity levels, by the source year of the appropriation.
Sec. 102. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2019, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2018 and
2019.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of
that review to the Committees on Appropriations of the Senate
and the House of Representatives not later than February 15,
2020.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security
that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of
cost, schedule, and performance.
Sec. 104. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House
of Representatives of any proposed transfers of funds
available under section 9705(g)(4)(B) of title 31, United
States Code from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland
Security: Provided, That none of the funds identified for
such a transfer may be obligated until the Committees on
Appropriations of the Senate and the House of Representatives
are notified of the proposed transfers.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available
for the Office of the Secretary.
Sec. 106. Section 107 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to visa overstay data, shall apply in
fiscal year 2019, except that the reference to ``this Act''
shall be treated as referring to this Act, and the reference
to ``2017'' shall be treated as referring to ``2018''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied minor aliens; the provision
of air and marine support to Federal, State, and local
agencies in the enforcement or administration of laws
enforced by the Department of Homeland Security; at the
discretion of the Secretary of Homeland Security, the
provision of such support to Federal, State, and local
agencies in other law enforcement and emergency humanitarian
efforts; the purchase and lease of up to 7,500 (6,500 for
replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and
unmanned aerial systems; and contracting with individuals for
personal services abroad; $12,179,729,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of
the Harbor Maintenance Fee pursuant to section 9505(c)(3) of
the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security
Act of 2002 (6 U.S.C. 551(e)(1)); of which $2,000,000,000
shall be available until September 30, 2020; and of which
such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; and of
which $58,710,000 is for additional customs officers:
Provided, That not to exceed $34,425 shall be for official
reception and representation expenses: Provided further,
That not to exceed $150,000 shall be available for payment
for rental space in connection with preclearance operations:
Provided further, That not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurements to buy marine vessels, aircraft, and
unmanned aerial systems, $2,515,878,000, of which
$870,656,000 shall remain available until September 30, 2021,
and of which $1,645,222,000 shall remain available until
September 30, 2023.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the
purchase and lease of up to 3,790 (2,350 for replacement
only) police-type vehicles; overseas vetted units; and
maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities; $7,542,153,000;
of which $6,000,000 shall remain available until expended for
efforts to enforce laws against forced child labor; of which
$75,448,000 shall remain available until September 30, 2020;
of which $1,500,000 is for paid apprenticeships for
participants in the Human Exploitation Rescue Operative
Child-Rescue Corps; of which not less than $15,000,000 shall
be available for investigation of intellectual property
rights violations, including operation of the National
Intellectual Property Rights Coordination Center; and of
which not less than $4,273,857,000 shall be for enforcement,
detention, and removal operations, including transportation
of unaccompanied minor aliens: Provided, That not to exceed
$11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000
shall be available until expended for conducting special
operations under section 3131 of the Customs Enforcement Act
of 1986 (19 U.S.C. 2081): Provided further, That not to
exceed $2,000,000 shall be for awards of compensation to
informants, to be accounted for solely under the certificate
of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or
reimburse other Federal agencies for the costs associated
with the care, maintenance, and repatriation of smuggled
aliens unlawfully present in the United States: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be withheld from obligation until the first
report required by section 226 has been made available on a
publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$45,559,000, to remain available until September 30, 2021; of
which not less than $10,000,000 shall be available for
facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,410,079,000, to
remain available until September 30, 2020: Provided, That
not to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section
[[Page H1591]]
44940 of title 49, United States Code, shall be credited to
this appropriation as offsetting collections and shall be
available only for aviation security: Provided further, That
the sum appropriated under this heading from the general fund
shall be reduced on a dollar-for-dollar basis as such
offsetting collections are received during fiscal year 2019
so as to result in a final fiscal year appropriation from the
general fund estimated at not more than $4,740,079,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and
improvements, $169,789,000, to remain available until
September 30, 2021.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,594,000, to
remain available until September 30, 2020.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement
only; purchase or lease of small boats for contingent and
emergent requirements (at a unit cost of not more than
$700,000) and repairs and service-life replacements, not to
exceed a total of $31,000,000; purchase, lease, or
improvements of boats necessary for overseas deployments and
activities; payments pursuant to section 156 of Public Law
97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,808,201,000, of which $505,000,000 shall be
for defense-related activities, of which $165,000,000 is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985; of which $24,500,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the
purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)); of which $11,000,000 shall
remain available until September 30, 2021; and of which
$13,469,000 shall remain available until September 30, 2023,
for environmental compliance and restoration: Provided, That
not to exceed $23,000 shall be for official reception and
representation expenses: Provided further, That $25,000,000
shall be withheld from obligation for Coast Guard
Headquarters Directorates until a future-years capital
investment plan for fiscal years 2020 through 2024 is
submitted to the Committees on Appropriations of the Senate
and the House of Representatives pursuant to section 217 of
this Act.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of
Defense installations used by the Coast Guard), and vessels
and aircraft, including equipment related thereto,
$2,248,260,000, to remain available until September 30, 2023,
of which $20,000,000 shall be derived from the Oil Spill
Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $20,256,000, to remain
available until September 30, 2021, of which $500,000 shall
be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution
Act of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may
be credited to and used for the purposes of this
appropriation funds received from State and local
governments, other public authorities, private sources, and
foreign countries for expenses incurred for research,
development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this
purpose, payments under the Retired Serviceman's Family
Protection and Survivor Benefits Plans, payment for career
status bonuses, payment of continuation pay under section 356
of title 37, United States Code, concurrent receipts, combat-
related special compensation, and payments for medical care
of retired personnel and their dependents under chapter 55 of
title 10, United States Code, $1,739,844,000, to remain
available until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to
exceed 652 vehicles for police-type use for replacement only;
hire of passenger motor vehicles; purchase of motorcycles
made in the United States; hire of aircraft; rental of
buildings in the District of Columbia; fencing, lighting,
guard booths, and other facilities on private or other
property not in Government ownership or control, as may be
necessary to perform protective functions; conduct of and
participation in firearms matches; presentation of awards;
conduct of behavioral research in support of protective
intelligence and operations; payment in advance for
commercial accommodations as may be necessary to perform
protective functions; and payment, without regard to section
5702 of title 5, United States Code, of subsistence expenses
of employees who are on protective missions, whether at or
away from their duty stations; $2,148,528,000; of which
$40,036,000 shall remain available until September 30, 2020,
and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children;
and of which up to $9,500,000 may be for calendar year 2018
premium pay in excess of the annual equivalent of the
limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C.
5547 note), as amended by Public Law 115-160: Provided, That
not to exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to
exceed $100,000 shall be to provide technical assistance and
equipment to foreign law enforcement organizations in
criminal investigations within the jurisdiction of the United
States Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $97,131,000,
to remain available until September 30, 2021.
research and development
For necessary expenses of the United States Secret Service
for research and development, $2,500,000, to remain available
until September 30, 2020.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available
in that Act, except that ``fiscal year 2019'' shall be
substituted for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for
customs expenses when necessary to maintain operations and
prevent adverse personnel actions in Puerto Rico in addition
to funding provided by section 740 of title 48, United States
Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to
section 13031(a)(5) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be
available until expended.
Sec. 204. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2019 from amounts authorized to be collected by section
286(i) of the Immigration and Nationality Act (8 U.S.C.
1356(i)), section 10412 of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 8311), and section 817 of
the Trade Facilitation and Trade Enforcement Act of 2015
(Public Law 114-25), or other such authorizing language:
Provided, That to the extent that amounts realized from such
collections exceed $31,000,000, those amounts in excess of
$31,000,000 shall be credited to this appropriation, to
remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription
drug (within the meaning of section 801(g) of the Federal
Food, Drug, and Cosmetic Act) from importing a prescription
drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, That this section shall apply
only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used
to approve a waiver of the navigation and vessel-inspection
laws pursuant to section 501(b) of title 46, United States
Code, for the transportation of crude oil distributed from
and to the Strategic Petroleum Reserve until the Secretary of
Homeland Security, after consultation with the Secretaries of
the Departments of Energy and Transportation and
representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United
States flag vessels: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on
Transportation and Infrastructure of the House of
Representatives within 2 business days of any request for
waivers of navigation and vessel-inspection laws pursuant to
section 501(b) of title 46, United States Code, with respect
to such transportation, and the disposition of such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a
border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and
passenger of a private motor vehicle is required to pay for
the privilege of crossing the Southern border or the Northern
border at a land port of entry.
[[Page H1592]]
Sec. 208. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 209. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 210. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent
overall performance evaluations received by the contracted
facility are less than ``adequate'' or the equivalent median
score in any subsequent performance evaluation system.
Sec. 211. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 212. Any award by the Transportation Security
Administration to deploy explosives detection systems shall
be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 213. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2019, any funds in the
Aviation Security Capital Fund established by section
44923(h) of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems
or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 214. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile
area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1,
2013.
Sec. 215. None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support''
shall be for expenses incurred for recreational vessels under
section 12114 of title 46, United States Code, except to the
extent fees are collected from owners of yachts and credited
to the appropriation made available by this Act under the
heading ``Coast Guard--Operations and Support'': Provided,
That to the extent such fees are insufficient to pay expenses
of recreational vessel documentation under such section
12114, and there is a backlog of recreational vessel
applications, personnel performing non-recreational vessel
documentation functions under subchapter II of chapter 121 of
title 46, United States Code, may perform documentation under
section 12114.
Sec. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ``Coast Guard--
Operations and Support'' in accordance with subsection (a) of
section 503 of this Act.
Sec. 217. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees
on Appropriations of the Senate and the House of
Representatives a future-years capital investment plan as
described in the second proviso under the heading ``Coast
Guard--Acquisition, Construction, and Improvements'' in the
Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4), which shall be subject to the
requirements in the third and fourth provisos under such
heading.
Sec. 218. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training
sponsored by the James J. Rowley Training Center, except that
total obligations at the end of the fiscal year shall not
exceed total budgetary resources available under the heading
``United States Secret Service--Operations and Support'' at
the end of the fiscal year.
Sec. 219. None of the funds made available to the United
States Secret Service by this Act or by previous
appropriations Acts may be made available for the protection
of the head of a Federal agency other than the Secretary of
Homeland Security: Provided, That the Director of the United
States Secret Service may enter into agreements to provide
such protection on a fully reimbursable basis.
Sec. 220. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 221. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 222. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit an expenditure plan for the amounts made
available for ``U.S. Customs and Border Protection--
Procurement, Construction, and Improvements'' to the
Committees on Appropriations of the Senate and the House of
Representatives: Provided, That no such amounts may be
obligated prior to the submission of such plan.
Sec. 223. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast
Guard--Operations and Support'' may be allocated by program,
project, and activity, notwithstanding section 503 of this
Act.
Sec. 224. (a) None of the funds provided by this Act or any
other Act, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available
to the components funded by this Act, may be used by the
Secretary of Homeland Security to place in detention, remove,
refer for a decision whether to initiate removal proceedings,
or initiate removal proceedings against a sponsor, potential
sponsor, or member of a household of a sponsor or potential
sponsor of an unaccompanied alien child (as defined in
section 462(g) of the Homeland Security Act of 2002 (6 U.S.C.
279(g))) based on information shared by the Secretary of
Health and Human Services.
(b) Subsection (a) shall not apply if a background check of
a sponsor, potential sponsor, or member of a household of a
sponsor or potential sponsor reveals--
(1) a felony conviction or pending felony charge that
relates to--
(A) an aggravated felony (as defined in section 101(a)(43)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a minor
who--
(A) is unrelated to the sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to the employment; or
(3) an association with the organization or implementation
of prostitution.
Sec. 225. (a) Subject to the provisions of this section,
the Administrator of the Transportation Security
Administration (hereafter in this section referred to as
``the Administrator'') may conduct a pilot program to provide
screening services outside of an existing primary passenger
terminal screening area where screening services are
currently provided or would be eligible to be provided under
the Transportation Security Administration's annually
appropriated passenger screening program as a primary
passenger terminal screening area.
(b) Any request for screening services under subsection (a)
shall be initiated only at the request of a public or private
entity regulated by the Transportation Security
Administration; shall be made in writing to the
Administrator; and may only be submitted to the
Transportation Security Administration after consultation
with the relevant local airport authority.
(c) The Administrator may provide the requested screening
services under subsection (a) if the Administrator provides a
certification to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives,
and the Committee on Commerce, Science, and Transportation
and the Committee on Appropriations of the Senate that
implementation of subsection (a) does not reduce the security
or efficiency of screening services already provided in
primary passenger terminals at any impacted airports.
(d) No screening services may be provided under subsection
(a) unless the requesting entity agrees in writing to the
scope of the screening services to be provided, and agrees to
compensate the Transportation Security Administration for all
reasonable personnel and non-personnel costs, including
overtime, of providing the screening services.
(e) The authority available under this section is effective
for fiscal years 2019 through 2021 and may be utilized at not
more than eight locations for transportation security
purposes.
(f) Notwithstanding any other provision of law, an airport
authority, air carrier, or other requesting entity shall not
be liable for any claims for damages filed in State or
Federal court (including a claim for compensatory, punitive,
contributory, or indemnity damages) relating to--
(1) an airport authority's or other entity's decision to
request that the Transportation Security Administration
provide passenger screening services outside of a primary
passenger terminal screening area; or
(2) any act of negligence, gross negligence, or intentional
wrongdoing by employees of the Transportation Security
Administration providing passenger and property security
screening services at a pilot program screening location.
(g) Notwithstanding any other provision of law, any
compensation received by the Transportation Security
Administration under subsection (d) shall be credited to the
account used to finance the provision of reimbursable
security screening services under subsection (a).
(h) The Administrator shall submit to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives, and the Committee on Commerce,
[[Page H1593]]
Science, and Transportation and the Committee on
Appropriations of the Senate--
(1) an implementation plan for the pilot programs under
subsection (a), including the application process, that is
due by 90 days after the date of enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than 60 days
after the end of each fiscal year in which the pilot programs
are in operation, including--
(A) the amount of reimbursement received by the
Transportation Security Administration from each entity in
the pilot program for the preceding fiscal year, delineated
by personnel and non-personnel costs;
(B) an analysis of the results of the pilot programs
corresponding to the evaluation plan required under paragraph
(2);
(C) any Transportation Security Administration staffing
changes created at the primary passenger screening
checkpoints and baggage screening as a result of the pilot
program; and
(D) any other unintended consequences created by the pilot
program.
(i) Except as otherwise provided in this section, nothing
in this section may be construed as affecting in any manner
the responsibilities, duties, or authorities of the
Transportation Security Administration.
(j) For the purposes of this section, the term ``airport''
means a commercial service airport as defined by section
47107(7) of title 49 United States Code.
(k) For the purposes of this section, the term ``screening
services'' means the screening of passengers, flight crews,
and their carry-on baggage and personal articles, and may
include checked baggage screening if that type of screening
is performed at an offsite location that is not part of a
passenger terminal of a commercial airport.
(l) For the purpose of this section, the term ``primary
passenger terminal screening area'' means the security
checkpoints relied upon by airports as the principal points
of entry to a sterile area of an airport.
Sec. 226. Not later than 90 days after the date of
enactment of this Act and weekly thereafter, the Director of
U.S. Immigration and Customs Enforcement shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, and make available on a publicly accessible
website, a report detailing--
(1) data on aliens detained; including average fiscal year
to date daily populations of aliens detained; daily counts of
the number of aliens detained as of the date of each report,
total fiscal year-to-date book-ins; and average lengths of
stay of aliens detained (including average post-determination
length of stay in the case of detainees described in
subparagraph (B)) for--
(A) single adults and for members of family units detained
in the custody of U.S. Immigration and Customs Enforcement,
disaggregated by whether the detainees were--
(i) transferred to the custody of U.S. Immigration and
Customs Enforcement by U.S. Customs and Border Protection
after being deemed inadmissible at a port of entry or after
being apprehended within 14 days of entering the United
States; or
(ii) arrested by U.S. Immigration and Customs Enforcement;
(B) detainees in the custody of U.S. Immigration and
Customs Enforcement who are determined to have a credible or
reasonable fear of--
(i) persecution, as defined in section 235(b)(1)(B)(v) of
the Immigration and Nationality Act; or
(ii) torture, as defined in section 208.30 of title 8, Code
of Federal Regulations (as in effect on January 1, 2018);
(C) detainees in the custody of U.S. Immigration and
Customs Enforcement who have been issued a Notice to Appear
pursuant to section 239 of the Immigration and Nationality
Act, disaggregated by single adults and members of family
units; and
(2) the total number of enrollees in the Alternatives to
Detention program and the average length of participation,
disaggregated by--
(A) single adults and family heads of household;
(B) participants in the family case management program;
(C) level of supervision; and
(D) the locations of supervision, by field office.
Sec. 227. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-
76 for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date
of enactment of this Act.
Sec. 230. (a) Of the total amount made available under
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'', $2,370,222,000 shall be
available only as follows:
(1) $1,375,000,000 is for the construction of primary
pedestrian fencing, including levee pedestrian fencing, in
the Rio Grande Valley Sector;
(2) $725,000,000 is for the acquisition and deployment of
border security technologies and trade and travel assets and
infrastructure, to include $570,000,000 for non-intrusive
inspection equipment at ports of entry; and
(3) $270,222,000 is for construction and facility
improvements, to include $222,000,000 for humanitarian needs,
$14,775,000 for Office of Field Operations facilities, and
$33,447,000 for Border Patrol station facility improvements.
(b) The amounts designated in subsection (a)(1) shall only
be available for operationally effective designs deployed as
of the date of the Consolidated Appropriations Act, 2017
(Public Law 115-31), such as currently deployed steel bollard
designs, that prioritize agent safety.
(c) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit
to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and the Comptroller General of the United States an updated
risk-based plan for improving security along the borders of
the United States that includes the elements required under
subsection (a) of section 231 of division F of the
Consolidated Appropriations Act, 2018 (Public Law 115-141),
which shall be evaluated in accordance with subsection (b) of
such section.
Sec. 231. None of the funds made available by this Act or
prior Acts are available for the construction of pedestrian
fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center; or
(5) within or east of the Vista del Mar Ranch tract of the
Lower Rio Grande Valley National Wildlife Refuge.
Sec. 232. (a) Prior to use of any funds made available by
this Act for the construction of physical barriers within the
city limits of any city or census designated place described
in subsection (c), the Department of Homeland Security and
the local elected officials of such a city or census
designated place shall confer and seek to reach mutual
agreement regarding the design and alignment of physical
barriers within that city or the census designated place (as
the case may be). Such consultations shall continue until
September 30, 2019 (or until agreement is reached, if
earlier) and may be extended beyond that date by agreement of
the parties, and no funds made available in this Act shall be
used for such construction while consultations are
continuing.
(b) Not later than July 1, 2019, the Secretary shall issue
notices for public comment regarding construction of
pedestrian fencing in the places identified in subsection
(c). The notices shall afford the public not less than 60
days to submit comments on the location of proposed fencing
in the affected areas. Not later than 90 days following the
end of the comment period identified in this subsection, the
Department shall publish in the Federal Register its
responses to the comments received along with its plans for
construction in the areas identified in the notice to which
it is responding.
(c) The cities and census designated place described in
this subsection are as follows:
(1) Roma, Texas.
(2) Rio Grande City, Texas.
(3) Escobares, Texas.
(4) La Grulla, Texas.
(5) The census designated place of Salineno, Texas.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$1,345,802,000, of which $18,650,000 shall remain available
until September 30, 2020: Provided, That not to exceed
$3,825 shall be for official reception and representation
expenses.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $322,829,000, to remain available until
September 30, 2021.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$13,126,000, to remain available until September 30, 2020.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,066,258,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$133,830,000, of which $61,834,000 shall remain available
until September 30, 2021, and of which $71,996,000 shall
remain available until September 30, 2023.
federal assistance
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and
[[Page H1594]]
other activities, $3,094,210,000, which shall be allocated as
follows:
(1) $525,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of
2002 (6 U.S.C. 605), of which $90,000,000 shall be for
Operation Stonegarden, and $10,000,000 shall be for
organizations (as described under section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such code) determined by the Secretary of
Homeland Security to be at high risk of a terrorist attack:
Provided, That notwithstanding subsection (c)(4) of such
section 2004, for fiscal year 2019, the Commonwealth of
Puerto Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of Puerto
Rico under this paragraph in accordance with subsection
(c)(1) of such section 2004.
(2) $640,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $50,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road
Bus Security Assistance under sections 1406, 1513, and 1532
of the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such
public transportation security assistance shall be provided
directly to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with section 70107 of title 46, United States Code.
(5) $700,000,000, to remain available until September 30,
2020, of which $350,000,000 shall be for Assistance to
Firefighter Grants and $350,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake
Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762
of title 6, United States Code, and Reorganization Plan No. 3
of 1978 (5 U.S.C. App.).
(7) $262,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood
Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared
mapping activities under section 1360(f)(2) of the National
Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain
available until expended.
(8) $10,000,000 for Regional Catastrophic Preparedness
Grants.
(9) $10,000,000 for Rehabilitation of High Hazard Potential
Dams under section 8A of the National Dam Safety Program Act
(33 U.S.C. 467f-2).
(10) $120,000,000 for the emergency food and shelter
program under title III of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11331), to remain available until
expended: Provided, That not to exceed 3.5 percent shall be
for total administrative costs.
(11) $276,679,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $12,558,000,000, to remain available
until expended, of which $3,000,000 may be transferred to the
Disaster Assistance Direct Loan Program for administrative
expenses to carry out the program as authorized by section
417 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184): Provided, That of the
amount provided under this heading, $12,000,000,000 shall be
for major disasters declared pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as
being for disaster relief pursuant to section 251(b)(2)(D) of
the Balanced Budget and Emergency Deficit Control Act of
1985: Provided further, That of the amounts set aside from
funds provided under this heading pursuant to subsection
(i)(1) of section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133(i)(1)),
$250,000,000 shall be available to carry out activities for
the National Predisaster Mitigation Fund under that section
of that Act (as in effect on the day before the amendments
made by section 1234 of the Disaster Recovery Reform Act of
2018 (division D of Public Law 115-254) took effect), in
addition to any amounts otherwise made available for such
purpose by this or any other Act and may be merged in this
account for all purposes with funds for the revised National
Public Infrastructure Predisaster Mitigation Assistance, as
authorized by the amendments made to section 203 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133) by section 1234 of the Disaster Recovery
Reform Act of 2018 (division D of Public Law 115-254), once
that assistance has been fully implemented: Provided
further, That $300,000,000 of the amounts provided under this
heading in this Act shall be derived from unobligated
balances from prior year appropriations available under this
heading: Provided further, That none of the amounts derived
from unobligated balances in the previous proviso shall be
from amounts that were designated by the Congress as being
for an emergency requirement pursuant to a Concurrent
Resolution on the budget or section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 or
as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of
1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters
Flood Insurance Reform Act of 2012 (Public Law 112-141, 126
Stat. 916), and the Homeowner Flood Insurance Affordability
Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$202,153,000, to remain available until September 30, 2020,
which shall be derived from offsetting amounts collected
under section 1308(d) of the National Flood Insurance Act of
1968 (42 U.S.C. 4015(d)); of which $13,858,000 shall be
available for mission support associated with flood
management; and of which $188,295,000 shall be available for
flood plain management and flood mapping: Provided, That any
additional fees collected pursuant to section 1308(d) of the
National Flood Insurance Act of 1968 (42 U.S.C. 4015(d))
shall be credited as offsetting collections to this account,
to be available for flood plain management and flood mapping:
Provided further, That in fiscal year 2019, no funds shall
be available from the National Flood Insurance Fund under
section 1310 of the National Flood Insurance Act of 1968 (42
U.S.C. 4017) in excess of--
(1) $176,304,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,000,000, which shall remain available until
expended, for flood mitigation actions and for flood
mitigation assistance under section 1366 of the National
Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such Act
(42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42
U.S.C. 4033).
Administrative Provisions
Sec. 301. Not later than 180 days after the date of
enactment of this Act, the Federal Protective Service, in
conjunction with the Office of Management and Budget, shall
provide a report to the Committees on Appropriations of the
Senate and the House of Representatives providing no fewer
than three options for a revised method to assess and
allocate costs for countermeasures.
Sec. 302. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 303. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt
of an application.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives
5 full business days in advance of announcing publicly the
intention of making an award.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied
in fiscal year 2019 with respect to budget year 2020 and
current fiscal year 2019, respectively--
(1) in paragraph (1) by substituting ``fiscal year 2020''
for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business'' after
``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
[[Page H1595]]
Sec. 308. The aggregate charges assessed during fiscal
year 2019, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2019, and remain available until expended.
Sec. 309. (a) The Federal share of assistance, including
direct Federal assistance, provided under sections 403 and
407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b and 42 U.S.C. 5173), with
respect to a major disaster declared pursuant to such Act for
damages resulting from a wildfire in calendar year 2018,
shall be not less than 90 percent of the eligible costs under
such section.
(b) The Federal share provided by subsection (a) shall
apply to assistance provided before, on, or after the date of
enactment of this Act.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$109,688,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of
the E-Verify Program, $22,838,000, to remain available until
September 30, 2021.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use
and hire of passenger motor vehicles, and services as
authorized by section 3109 of title 5, United States Code,
$277,876,000, of which $20,000,000 shall remain available
until September 30, 2020: Provided, That not to exceed
$7,180 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $50,943,000, to remain available until
September 30, 2023.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the
purchase or lease of not to exceed 5 vehicles, $308,520,000,
of which $170,462,000 shall remain available until September
30, 2020: Provided, That not to exceed $10,000 shall be for
official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $511,265,000, to
remain available until September 30, 2021.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $187,095,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $100,096,000, to remain available until
September 30, 2021.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $83,043,000,
to remain available until September 30, 2021.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$64,663,000, to remain available until September 30, 2021.
Administrative Provisions
(including transfer of funds)
Sec. 401. Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease: Provided, That the Director of
U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such
vehicles to travel between the employees' residences and
places of employment.
Sec. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background
checks required by law to be completed prior to the granting
of the benefit have been received by U.S. Citizenship and
Immigration Services, and the results do not preclude the
granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating
in training accreditation.
Sec. 405. The Federal Law Enforcement Training
Accreditation Board, including representatives from the
Federal law enforcement community and non-Federal
accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation
process to continue the implementation of measuring and
assessing the quality and effectiveness of Federal law
enforcement training programs, facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to the account
established by section 407(a) of division F of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
from Government agencies requesting the construction of
special use facilities, as authorized by the Economy Act (31
U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and
ownership upon completion of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 408. The Secretary of Homeland Security may transfer
personnel and up to $15,000,000 in unexpended balances of
amounts made available to the Department of Homeland Security
under the heading ``Science and Technology Directorate--
Operations and Support'' in division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) to the
Department of Agriculture for the purpose of contract and
associated support of the operations of the National Bio and
Agro-defense Facility: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives at least 30 days in advance of such
transfer.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established
pursuant to this Act, may be merged with funds in the
applicable established accounts, and thereafter may be
accounted for as one fund for the same time period as
originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2019, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or
activity proposed to be performed by Federal employees in the
President's budget proposal for fiscal year 2019 for the
Department of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever
is less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more; or
(5) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the
Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such
reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland
Security by this Act or provided by previous appropriations
Acts may be transferred between such appropriations if the
Committees on Appropriations of the Senate and the House of
Representatives are notified at least 30 days in advance of
such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by such transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30,
[[Page H1596]]
except in extraordinary circumstances that imminently
threaten the safety of human life or the protection of
property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain
available for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act
in the same manner as such section applied to funds made
available in that Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019, as
recorded in the financial records at the time of a
reprogramming notification, but not later than June 30, 2020,
from appropriations for ``Operations and Support'' for fiscal
year 2019 in this Act shall remain available through
September 30, 2020, in the account and for the purposes for
which the appropriations were provided: Provided, That prior
to the obligation of such funds, a notification shall be
submitted to the Committees on Appropriations of the Senate
and the House of Representatives in accordance with section
503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2019 until the enactment of an Act authorizing
intelligence activities for fiscal year 2019.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or
to issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000
from multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees
on Appropriations of the Senate and the House of
Representatives not later than 5 full business days after
such an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal
law enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of
title 40, United States Code, has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same
manner as such sections applied to funds made available in
that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the
preceding sentence, the term ``Buy American Act'' means
chapter 83 of title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section
337 of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452)
unless explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of
the Senate and the House of Representatives may not delegate
such authority to perform that act unless specifically
authorized herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet
the basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of
Homeland Security to enter into any Federal contract unless
such contract is entered into in accordance with the
requirements of subtitle I of title 41, United States Code,
or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such contract is
otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 521. (a) For an additional amount for financial
systems modernization, $51,000,000, to remain available until
September 30, 2020.
(b) Funds made available in subsection (a) for financial
systems modernization may be transferred by the Secretary of
Homeland Security between appropriations for the same
purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 522. (a) The funds appropriated to the Department of
Homeland Security in this Act for ``Operations and Support''
shall be hereby reduced, as determined by the Chief Financial
Officer, by a total of $12,000,000 to realize administrative
savings, including savings from requirements, supplies, or
materials that were funded by the Department using fiscal
year 2018 appropriations for contracts with periods of
performance in fiscal year 2019.
(b) Funds may only be reduced for the respective
appropriations from amounts identified in the budget
appendix, as modified by the report accompanying this Act, by
object classes 25.1, 25.2, 25.3, and 26.2.
(c) No funds may be reduced from amounts provided under the
following headings and activities:
(1) ``Cybersecurity and Infrastructure Security Agency--
Operations and Support'';
(2) ``Coast Guard--Operations and Support'' for defense-
related activities; and
(3) ``Federal Emergency Management Agency--Operations and
Support'' for National Continuity Programs in the
Preparedness and Protection program, project, and activity.
(d) No amounts may be reduced from amounts that were
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency
requirement pursuant to a concurrent resolution on the budget
or section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were
designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(e) The Secretary shall submit a notification to the
Committees on Appropriations of the Senate and the House of
Representatives specifying the account and amount of each
reduction made pursuant to this section.
Sec. 523. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 524. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate
the transfer of an operable firearm to an individual if the
Federal law enforcement officer knows or suspects that the
individual is an agent of a drug cartel unless law
enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 525. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than
50 employees of a single component of the Department of
Homeland Security, who are stationed in the United States, at
a single international conference unless the Secretary of
Homeland Security, or a designee, determines that such
attendance is in the national interest and notifies the
Committees on Appropriations of the Senate and the House of
Representatives within at least 10 days of that determination
and the basis for that determination: Provided, That for
purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
[[Page H1597]]
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations: Provided
further, That the total cost to the Department of Homeland
Security of any such conference shall not exceed $500,000.
Sec. 526. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 527. None of the funds made available to the
Department of Homeland Security by this or any other Act may
be obligated for any structural pay reform that affects more
than 100 full-time positions or costs more than $5,000,000 in
a single year before the end of the 30-day period beginning
on the date on which the Secretary of Homeland Security
submits to Congress a notification that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 528. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate
and the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 529. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement,
construction, and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 530. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary
schooling of dependents shall continue in effect during
fiscal year 2019.
Sec. 531. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'',
$41,000,000, to remain available until September 30, 2020,
exclusively for providing reimbursement of extraordinary law
enforcement personnel costs for protection activities
directly and demonstrably associated with any residence of
the President that is designated or identified to be secured
by the United States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to
amounts made available by subsection (a) of this section by
substituting ``October 1, 2019'' for ``October 1, 2018'' and
``October 1, 2018'' for ``October 1, 2017''.
Sec. 532. None of the funds made available by this Act may
be used to prevent a Member of Congress from entering, for
the purpose of conducting oversight, any facility operated by
or for the Department of Homeland Security used to detain or
otherwise house alien minors, or to make any temporary
modification at any such facility that in any way alters what
is observed by a visiting Member of Congress, compared to
what would be observed in the absence of such modification.
Sec. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant
or in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of Homeland
Security makes an individualized determination that the
woman--
(A) is a serious flight risk, and such risk cannot be
prevented by other means; or
(B) poses an immediate and serious threat to harm herself
or others that cannot be prevented by other means; or
(2) a medical professional responsible for the care of the
pregnant woman determines that the use of therapeutic
restraints is appropriate for the medical safety of the
woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained
in a face-down position with four-point restraints, on her
back, or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 534. None of the funds made available by this Act may
be used to destroy any document, recording, or other record
pertaining to any potential sexual assault or abuse
perpetrated against any individual held in the custody of the
Department of Homeland Security.
Sec. 535. Section 513 of division F of Public Law 114-113,
regarding a prohibition on funding for any position
designated as a Principal Federal Official, shall apply with
respect to funds made available in this Act in the same
manner as such section applied to funds made available in
that Act.
Sec. 536. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2020 that
assumes revenues or proposes a reduction from the previous
year based on user fees proposals that have not been enacted
into law prior to the submission of the budget, the Secretary
of Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such
proposals in the event that they are not enacted prior to
October 1, 2019.
(rescissions)
Sec. 538. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2018 (Public Law 115-141) are rescinded:
(1) $169,000 from ``Office of the Secretary and Executive
Management--Operations and Support'';
(2) $328,000 from ``Management Directorate--Operations and
Support'';
(3) $366,000 from ``Intelligence, Analysis, and Operations
Coordination--Operations and Support'';
(4) $427,000 from ``U.S. Customs and Border Protection--
Operations and Support'';
(5) $30,000 from ``Coast Guard--Operating Expenses'';
(6) $1,040,000 from ``Coast Guard--Acquisition,
Construction, and Improvements'';
(7) $5,166,000 from ``United States Secret Service--
Operations and Support'';
(8) $1,589,000 from ``National Protection and Programs
Directorate--Operations and Support'';
(9) $362,000 from ``Office of Health Affairs--Operations
and Support'';
(10) $362,000 from ``Federal Emergency Management Agency--
Operations and Support'';
(11) $206,000 from ``U.S. Citizenship and Immigration
Services--Operations and Support'';
(12) $63,000 from ``Science and Technology Directorate--
Operations and Support''; and
(13) $437,000 from ``Domestic Nuclear Detection Office--
Operations and Support''.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $33,870,000 from Public Law 115-141 under the heading
``Transportation Security Administration--Operations and
Support''.
(2) $17,045,000 from Public Law 115-31 under the heading
``Coast Guard--Research, Development, Test, and Evaluation''.
(3) $17,200,000 from Public Law 115-141 under the heading
``Domestic Nuclear Detection Office--Federal Assistance''.
(4) $7,400,000 from Public Law 114-4 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(5) $5,200,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements''.
(rescission)
Sec. 540. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code (added by
section 638 of Public Law 102-393), $200,000,000 shall be
permanently rescinded not later than September 30, 2019.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2019''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,603,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $800,000 shall be available for the Office of the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $1,496,000 shall be available for
the Office of Homeland Security; not to exceed $4,711,000
shall be available for the Office of Partnerships and Public
Engagement; not to exceed $23,176,000 shall be available for
the Office of the Assistant Secretary for Administration, of
which $22,301,000 shall be available for Departmental
Administration to provide for necessary expenses for
management support services to offices of the Department and
for general administration, security, repairs and
alterations, and other miscellaneous supplies and
[[Page H1598]]
expenses not otherwise provided for and necessary for the
practical and efficient work of the Department: Provided
further, That funds made available by this Act to an agency
in the Administration mission area for salaries and expenses
are available to fund up to one administrative support staff
for the Office; not to exceed $3,869,000 shall be available
for the Office of Assistant Secretary for Congressional
Relations to carry out the programs funded by this Act,
including programs involving intergovernmental affairs and
liaison within the executive branch; and not to exceed
$7,500,000 shall be available for the Office of
Communications: Provided further, That the Secretary of
Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased
by more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading
for Departmental Administration shall be reimbursed from
applicable appropriations in this Act for travel expenses
incident to the holding of hearings as required by 5 U.S.C.
551-558: Provided further, That funds made available under
this heading for the Office of the Assistant Secretary for
Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $21,286,000, of which $5,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $55,630,000, of which not less than
$38,000,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $59,967,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$3,503,000, to remain available until expended: Provided,
That appropriations and funds available herein to the
Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $174,517,000, of which up to $45,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,303,266,000, of which $10,600,000, to remain available
until expended, shall be used to carry out the science
program at the National Bio- and Agro-defense Facility
located in Manhattan, Kansas: Provided, That appropriations
hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $381,200,000 to
remain available until expended, of which $247,700,000 shall
be allocated for ARS facilities co-located with university
partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $927,649,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the joint explanatory statement
accompanying this Act: Provided, That funds for research
grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges
of agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and
grants management systems shall remain available until
expended: Provided further, That
[[Page H1599]]
each institution eligible to receive funds under the Evans-
Allen program receives no less than $1,000,000: Provided
further, That funds for education grants for Alaska Native
and Native Hawaiian-serving institutions be made available to
individual eligible institutions or consortia of eligible
institutions with funds awarded equally to each of the States
of Alaska and Hawaii: Provided further, That funds for
education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7
U.S.C. 3221 and 3222: Provided further, That not more than 5
percent of the amounts made available by this or any other
Act to carry out the Agriculture and Food Research Initiative
under 7 U.S.C. 450i(b) may be retained by the Secretary of
Agriculture to pay administrative costs incurred by the
Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $505,692,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the joint explanatory statement
accompanying this Act: Provided, That funds for facility
improvements at 1890 institutions shall remain available
until expended: Provided further, That institutions eligible
to receive funds under 7 U.S.C. 3221 for cooperative
extension receive no less than $1,000,000: Provided further,
That funds for cooperative extension under sections 3(b) and
(c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and
section 208(c) of Public Law 93-471 shall be available for
retirement and employees' compensation costs for extension
agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$38,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the joint
explanatory statement accompanying this Act: Provided, That
funds for the Food and Agriculture Defense Initiative shall
remain available until September 30, 2020: Provided further,
That notwithstanding any other provision of law, indirect
costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,011,136,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $37,857,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $705,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $62,840,000, to remain
available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $186,013,000, to remain available until expended,
shall be for specialty crop pests; of which, $11,826,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $16,523,000, to remain
available until expended, shall be for zoonotic disease
management; of which $40,966,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $60,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended; of which $13,600,000, to
remain available until expended, shall be used to carry out
the science program at the National Bio- and Agro-defense
Facility located in Manhattan, Kansas: Provided further,
That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at
least 40 percent: Provided further, That this appropriation
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed five, of which two
shall be for replacement only: Provided further, That in
addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310
and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of
funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder
shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
In fiscal year 2019, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $159,095,000, of which $4,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79; and
of which $1,500,000 shall be available for marketing
activities authorized under section 204(b) of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) to
provide to State departments of agriculture, State
cooperative extension services, institutions of higher
education, and nonprofit organizations grants to carry out
programs and provide technical assistance to promote
innovation, process improvement, and marketing relating to
dairy products: Provided, That this appropriation shall be
available pursuant to law (7 U.S.C. 2250) for the alteration
and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,705,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
[[Page H1600]]
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,049,344,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2019 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of Public Law 110-246 as further clarified
by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $216,350,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal
year pursuant to section 1241(a) of the Farm Security and
Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be
transferred to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,081,655,000, of which not less than $20,000,000 shall be
for the hiring of new employees to fill vacancies at Farm
Service Agency county offices and farm loan officers and
shall be available until September 30, 2020: Provided, That
not more than 50 percent of the funding made available under
this heading for information technology related to farm
program delivery may be obligated until the Secretary submits
to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of
receipt from such Committees of, a plan for expenditure that
(1) identifies for each project/investment over $25,000 (a)
the functional and performance capabilities to be delivered
and the mission benefits to be realized, (b) the estimated
lifecycle cost for the entirety of the project/investment,
including estimates for development as well as maintenance
and operations, and (c) key milestones to be met; (2)
demonstrates that each project/investment is, (a) consistent
with the Farm Service Agency Information Technology Roadmap,
(b) being managed in accordance with applicable lifecycle
management policies and guidance, and (c) subject to the
applicable Department's capital planning and investment
control requirements; and (3) has been reviewed by the
Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress:
Provided further, That the agency shall submit a report by
the end of the fourth quarter of fiscal year 2019 to the
Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm
Service Agency county offices: Provided further, That none
of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that
would result in an office with two or fewer employees without
prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans
and $1,530,000,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $30,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $59,670,000 for direct operating loans,
$21,168,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,567,000 and $2,134,000 for Indian highly
fractionated land loans to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000:
Provided, That of this amount, $290,917,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $819,492,000, to remain available
until September 30, 2020: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose
of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys
[[Page H1601]]
and investigations, engineering operations, works of
improvement, and changes in use of land, in accordance with
the Watershed Protection and Flood Prevention Act (16 U.S.C.
1001-1005 and 1007-1009) and in accordance with the
provisions of laws relating to the activities of the
Department, $150,000,000, to remain available until expended:
Provided, That for funds provided by this Act or any other
prior Act, the limitation regarding the size of the watershed
or subwatershed exceeding two hundred and fifty thousand
acres in which such activities can be undertaken shall only
apply for activities undertaken for the primary purpose of
flood prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $50,000,000 shall be allocated
to projects and activities that can commence promptly
following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose
of watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C.
6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $236,835,000: Provided, That no less than
$6,000,000 shall be for information technology investments:
Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural
Development programs: Provided further, That in addition to
any other funds appropriated for purposes authorized by
section 502(i) of the Housing Act of 1949 (42 U.S.C.
1472(i)), any amounts collected under such section, as
amended by this Act, will immediately be credited to this
account and will remain available until expended for such
purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,000,000,000 shall be for
direct loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair
loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $67,700,000 shall be for direct loans; section 504
housing repair loans, $3,419,000; section 523 self-help
housing land development loans, $431,000; section 524 site
development loans, $176,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $9,484,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2019: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $16,853,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,331,400,000, of which $40,000,000 shall be available
until September 30, 2020; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2019 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the third
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2019 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $51,500,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $27,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving
[[Page H1602]]
rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30,
2005: Provided further, That the amount of such voucher
shall be the difference between comparable market rent for
the section 515 unit and the tenant paid rent for such unit:
Provided further, That funds made available for such vouchers
shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall,
to the maximum extent practicable, administer such vouchers
with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this heading, $24,500,000 shall be
available for a demonstration program for the preservation
and revitalization of the sections 514, 515, and 516 multi-
family rental housing properties to restructure existing USDA
multi-family housing loans, as the Secretary deems
appropriate, expressly for the purposes of ensuring the
project has sufficient resources to preserve the project for
the purpose of providing safe and affordable housing for low-
income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial
assistance including advances, payments and incentives
(including the ability of owners to obtain reasonable returns
on investment) required by the Secretary: Provided further,
That the Secretary shall as part of the preservation and
revitalization agreement obtain a restrictive use agreement
consistent with the terms of the restructuring: Provided
further, That if the Secretary determines that additional
funds for vouchers described in this paragraph are needed,
funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further,
That if Congress enacts legislation to permanently authorize
a multi-family rental housing loan restructuring program
similar to the demonstration program described herein, the
Secretary may use funds made available for the demonstration
program under this heading to carry out such legislation with
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That in addition
to any other available funds, the Secretary may expend not
more than $1,000,000 total, from the program funds made
available under this heading, for administrative expenses for
activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $2,800,000,000 for direct loans and
$148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $4,285,000, to remain
available until expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $45,778,000, to remain available until
expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,778,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$65,040,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $8,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made
available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $4,157,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2019, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2019,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for
the purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $29,100,000, of which
$2,800,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $17,500,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 210A of the Agricultural Marketing Act of 1946, of
which $2,500,000 may be used for Agriculture Innovation
Centers authorized pursuant to section 6402 of Public Law
107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $334,500: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development
Act, $1,400,000,000. For loan guarantees and grants for rural
water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2),
306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural
Development Act, $548,690,000, to remain available until
expended, of which not to exceed $1,000,000 shall be
available for the rural utilities program described in
section 306(a)(2)(B) of such Act, and of which not to exceed
$1,500,000 shall be available for the rural utilities program
described in section 306E of such Act: Provided, That not to
exceed $15,000,000 of the amount appropriated under this
heading shall be for grants authorized by section 306A(i)(2)
of the Consolidated Farm and Rural Development Act in
addition to funding authorized by section 306A(i)(1) of such
Act and
[[Page H1603]]
such grants may not exceed $1,000,000 notwithstanding section
306A(f)(1) of such Act: Provided further, That $68,000,000
of the amount appropriated under this heading shall be for
loans and grants including water and waste disposal systems
grants authorized by section 306C(a)(2)(B) and section 306D
of the Consolidated Farm and Rural Development Act, and
Federally Recognized Native American Tribes authorized by
306C(a)(1) of such Act: Provided further, That funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be provided to a consortium formed
pursuant to section 325 of Public Law 105-83: Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided
further, That not to exceed $30,000,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $8,000,000 shall be
made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed
$19,000,000 of the amount appropriated under this heading
shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 shall be for solid
waste management grants: Provided further, That $10,000,000
of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances
for high-energy cost grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
shall be made as follows: loans made pursuant to sections
305, 306, and 317, notwithstanding 317(c), of that Act, rural
electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and
engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $1,725,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$34,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $5,830,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $30,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $23,140,781,000 to
remain available through September 30, 2020, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2018'' and inserting ``2010 through 2019'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year
2018'' and inserting ``For fiscal year 2019'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``For fiscal year 2018''
and inserting ``For fiscal year 2019''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,075,000,000, to remain available through September 30,
2020: Provided, That notwithstanding section 17(h)(10) of
the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not
less than $60,000,000 shall be used for breastfeeding peer
counselors and other related activities, and $19,000,000
shall be used for infrastructure, of which $5,000,000 shall
be for telehealth competitive grants to supplement the
nutrition education and breastfeeding support offered in the
WIC clinic, and to decrease barriers to access to WIC
services, particularly in rural communities, and other
populations facing barriers to accessing support: Provided
further, That none of the funds provided in this account
shall be available for the purchase of infant formula except
in accordance with the cost containment and competitive
bidding requirements specified in section 17 of such Act:
Provided further, That none of the funds provided shall be
available for activities that are not fully reimbursed by
other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium
and subject to terms and conditions established by the
Secretary, the Secretary may waive the requirement at 7 CFR
246.12(g)(6) at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $73,476,921,000, of
which $3,000,000,000, to remain available through December
31, 2020, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2020: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2020:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under
this heading may be used to enter into contracts and employ
staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of
2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of
[[Page H1604]]
the Agriculture and Consumer Protection Act of 1973 (7 U.S.C.
612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$322,139,000, to remain available through September 30, 2020:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2019 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2020: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities:
Provided further, That $30,000,000 of prior year unobligated
balances of the Commodity Supplemental Food Program shall be
transferred to The Emergency Food Assistance Program to be
used for administrative expenses.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $164,688,000, of which $12,297,000 shall
remain available through September 30, 2021, for the
development and dissemination of the Dietary Guidelines for
Americans: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of
Public Law 107-171, as amended by section 4401 of Public Law
110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,976,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $213,890,000, of
which no more than 6 percent shall remain available until
September 30, 2020, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $142,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,500,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $210,255,000, to remain available
until expended, of which $1,000,000 is for the use of
recently developed potable water technologies in school
feeding projects: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, $15,000,000, shall remain available until
expended for necessary expenses to carry out the provisions
of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $8,845,000, to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,584,965,000: Provided,
That of the amount provided under this heading,
$1,010,323,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, and shall be credited to
this account and remain available until expended;
$204,730,000 shall be derived from medical device user fees
authorized by 21 U.S.C. 379j, and shall be credited to this
account and remain available until expended; $501,721,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j-42, and shall be credited to this account
and remain available until expended; $38,847,000 shall be
derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to
this account and remain available until expended; $30,331,000
shall be derived from animal drug user fees authorized by 21
U.S.C. 379j-12, and shall be credited to this account and
remain available until expended; $18,335,000 shall be derived
from generic new animal drug user fees authorized by 21
U.S.C. 379j-21, and shall be credited to this account and
remain available until expended; $712,000,000 shall be
derived from tobacco product user fees authorized by 21
U.S.C. 387s, and shall be credited to this account and remain
available until expended: Provided further, That in addition
to and notwithstanding any other provision under this
heading, amounts collected for prescription drug user fees,
medical device user fees, human generic drug user fees,
biosimilar biological product user fees, animal drug user
fees, and generic new animal drug user fees that exceed the
respective fiscal year 2019 limitations are appropriated and
shall be credited to this account and remain available until
expended: Provided further, That fees derived from
prescription drug, medical device, human generic drug,
biosimilar biological product, animal drug, and generic new
animal drug assessments for fiscal year 2019, including any
such fees collected prior to fiscal year 2019 but credited
for fiscal year 2019, shall be subject to the fiscal year
2019 limitations: Provided further, That the Secretary may
accept payment during fiscal year 2019 of user fees specified
under this heading and authorized for fiscal year 2020, prior
to the due date for such fees, and that amounts of such fees
assessed for fiscal year 2020 for which the Secretary accepts
payment in fiscal year 2019 shall not be included in amounts
under this heading: Provided further, That none of these
funds shall be used to develop, establish, or operate any
program of user fees authorized by 31 U.S.C. 9701: Provided
further, That of the total amount appropriated: (1)
$1,059,980,000 shall be for the Center for Food Safety and
Applied Nutrition and related field activities in the Office
of Regulatory Affairs, of which no less than $15,000,000
shall be used for inspections of foreign seafood
manufacturers and field examinations of imported seafood; (2)
$1,879,927,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $402,144,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$223,611,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $556,179,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $66,712,000 shall be
for the National Center for Toxicological Research; (7)
$666,832,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) $173,847,000 shall be for Rent and Related
activities, of which $50,587,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) $237,849,000 shall be
for payments to the General Services Administration for rent;
and (10) $317,884,000 shall be for other activities,
including the Office of the Commissioner of Food and Drugs,
the Office of Foods and Veterinary Medicine, the Office of
Medical and Tobacco Products, the Office of Global and
Regulatory Policy, the Office of Operations, the Office of
[[Page H1605]]
the Chief Scientist, and central services for these offices:
Provided further, That not to exceed $25,000 of this amount
shall be for official reception and representation expenses,
not otherwise provided for, as determined by the
Commissioner: Provided further, That any transfer of funds
pursuant to section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ``other activities'', and that are not
derived from user fees, $1,500,000 shall be transferred to
and merged with the appropriation for ``Department of Health
and Human Services--Office of Inspector General'' for
oversight of the programs and operations of the Food and Drug
Administration and shall be in addition to funds otherwise
made available for oversight of the Food and Drug
Administration: Provided further, That of the total amount
made available under this heading, $3,000,000 shall be used
by the Commissioner of Food and Drugs, in coordination with
the Secretary of Agriculture, for consumer outreach and
education regarding agricultural biotechnology and
biotechnology-derived food products and animal feed,
including through publication and distribution of science-
based educational information on the environmental,
nutritional, food safety, economic, and humanitarian impacts
of such biotechnology, food products, and feed: Provided
further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the
enactment of the Over-the-Counter Monograph User Fee Act of
2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of Chapter VII of the
Federal Food, Drug and Cosmetic Act shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain
available until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $70,000,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services Food and Drug Administration
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $74,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress
and in accordance with the requirements of section 716 of
this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by the Chief Information
Officer: Provided further, That the Chief Information
Officer may authorize an agency to obligate funds without
written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based
upon the performance of an agency measured against the
[[Page H1606]]
performance plan requirements described in the explanatory
statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313B(a) of such Act in
the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2020, for information technology
expenses: Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2020, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79)
or by a successor to that Act, other than by title I or
subtitle A of title III of such Act, or programs for which
indefinite amounts were provided in that Act, that is
authorized or required to be carried out using funds of the
Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,299,600,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts-- $5,000,000; Removal of
Defective Commodities-- $2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2019, such
unobligated balances shall carryover into fiscal year 2020
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2020 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be
used to transmit or otherwise make available reports,
questions, or responses to questions that are a result of
information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of
Health and Human Services, or non-Farm Credit Administration
employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other
[[Page H1607]]
Act to any other agency or office of the Department for more
than 60 days in a fiscal year unless the individual's
employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the
employee for the period of assignment.
Sec. 721. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 722. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the joint explanatory
statement accompanying this Act.
Sec. 723. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $500,000,000 are hereby rescinded.
Sec. 724. The Secretary shall continue an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall continue
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 725. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 726. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 727. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ``variety'' as applied in the definition of the term
``staple food'' as defined in section 271.2 of title 7, Code
of Federal Regulations, to increase the number of items that
qualify as acceptable varieties in each staple food category
so that the total number of such items in each staple food
category exceeds the number of such items in each staple food
category included in the final rule as published on December
15, 2016: Provided, That until the Secretary promulgates
such regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 728. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or
use of industrial hemp, or seeds of such plant, that is grown
or cultivated in accordance with subsection section 7606 of
the Agricultural Act of 2014, within or outside the State in
which the industrial hemp is grown or cultivated.
Sec. 729. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 730. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 731. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 732. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 733. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate
monitoring and controls, as determined by the Administrator,
are in place to ensure that emergency food aid is received by
the intended beneficiaries in areas affected by food
shortages and not diverted for unauthorized or inappropriate
purposes.
Sec. 734. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the
Food and Nutrition Service, to commence any new research and
evaluation projects until the Secretary submits to the
Committees on Appropriations of both Houses of Congress a
research and evaluation plan for fiscal year 2019, prepared
in coordination with the Research, Education, and Economics
mission area of the Department of Agriculture, and a period
of 30 days beginning on the date of the submission of the
plan expires to permit Congressional review of the plan.
Sec. 735. There is hereby appropriated $10,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities, or comparable entities that provide energy
efficiency services using their own billing mechanism to
offer loans to customers in any part of their service
territory and to offer loans to replace a manufactured
housing unit with another manufactured housing unit, if
replacement would be more cost effective in saving energy.
Sec. 736. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as
applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources of
infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 737. No food that bears or contains partially
hydrogenated oils (as defined in the order published by the
Food and Drug Administration in the Federal Register on June
17, 2015 (80 Fed. Reg. 34650 et seq.)) shall be considered to
be adulterated within the meaning of subsection (a)(1) or
(a)(2)(C)(i) of section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(a)) because such food contains
such partially hydrogenated oils until the applicable
compliance dates specified by FDA in the Federal Register on
May 21, 2018 (83 Fed. Reg. 23358 et seq.).
Sec. 738. For fiscal years 2019 through 2025, the
Administrators of the Agricultural Research Service and the
Animal and Plant Health Inspection Service may make not to
exceed 50 appointments in any fiscal year for employees of
such agencies at the National Bio- and Agro-defense Facility
(NBAF) in Manhattan, Kansas: Provided, That such
appointments may be made in the manner provided by 7 U.S.C.
7657(b)(4)(A)(i-v): Provided further, That such appointments
may be made at a rate of basic pay that exceeds the rate
payable for such positions under the General Schedule or
other applicable schedule, as appropriate, but may not be
more than the rate payable for a position at level I of the
Executive Schedule, unless the rate is approved by the
President under section 5377(d)(2) of title 5.
Sec. 739. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices
devoted to multiple bottomland hardwood tree species
including CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 740. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
[[Page H1608]]
Sec. 741. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 742. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use
in research, experiments, teaching, or testing.
Sec. 743. There is appropriated $6,000,000 to the
Commodity Credit Corporation, in addition to amounts
otherwise made available, for section 1110(f)(3) of the Food
Security Act of 1985 (7 U.S.C. 1736o(f)(3)).
Sec. 744. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 745. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2019, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones.
Sec. 746. There is hereby appropriated $1,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 747. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 748. (a) The Secretary of Agriculture (referred to in
this section as the ``Secretary'') shall carry out a pilot
program during fiscal year 2019 with respect to the 2018 crop
year for county-level agriculture risk coverage payments
under section 1117(b)(1) of the Agricultural Act of 2014 (7
U.S.C. 9017(b)(1)), that provides all or some of the State
Farm Service Agency offices in each State the opportunity to
provide agricultural producers in the State a supplemental
payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more
counties in a State if the office for that State determines
that the alternate calculation method is necessary to ensure
that, to the maximum extent practicable, there are not
significant yield calculation disparities between comparable
counties in the State.
(b) The alternate calculation method referred to in
subsection (a) is a method of calculating the actual yield
for the 2018 crop year for county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which--
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ``NASS data'') is
used for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of
the date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the
Secretary in effect as of the date of enactment of this Act),
the calculation of the county yield is determined using
reliable yield data from other sources, such as Risk
Management Agency data, National Agricultural Statistics
Service district data, National Agricultural Statistics
Service State yield data, or other data as determined by the
Farm Service Agency office in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer
would otherwise receive a county-level agriculture risk
coverage payment for the 2018 crop year in an amount that is
less than the payment that the agricultural producer would
receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference
between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described
in subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2020, to carry out the
pilot program described in this section.
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary
shall select States to participate in the pilot program under
this section so the cost of the pilot program equals the
amount provided under subsection (d).
(2) To the extent that the cost of the pilot program
exceeds the amount made available, the Secretary shall reduce
all payments under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of
actual yield for purposes of county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than
payments made in accordance with the pilot program under this
section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be
used as a basis for any agriculture risk coverage payment
determinations under section 1117 of the Agricultural Act of
2014 (7 U.S.C. 9017) other than for purposes of the pilot
program under this section.
Sec. 749. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China
for use in the school lunch program under the Richard B.
Russell National School Lunch Act (42 U.S.C. 1751 et seq.),
the Child and Adult Care Food Program under section 17 of
such Act (42 U.S.C. 1766), the Summer Food Service Program
for Children under section 13 of such Act (42 U.S.C. 1761),
or the school breakfast program under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
Sec. 750. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
Sec. 751. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought
or severe weather, the Secretary may provide potable water
through the Emergency Community Water Assistance Grant
Program for an additional period of time not to exceed 120
days beyond the established period provided under the Program
in order to protect public health.
Sec. 752. Of the total amounts made available by this Act
for direct loans and grants in the following headings:
``Rural Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--
[[Page H1609]]
Rural Economic Development Loans Program Account''; ``Rural
Business-Cooperative Service--Rural Cooperative Development
Grants''; ``Rural Utilities Service--Rural Water and Waste
Disposal Program Account''; ``Rural Utilities Service--Rural
Electrification and Telecommunications Loans Program
Account''; and ``Rural Utilities Service--Distance Learning,
Telemedicine, and Broadband Program'', to the maximum extent
feasible, at least 10 percent of the funds shall be allocated
for assistance in persistent poverty counties under this
section, including, notwithstanding any other provision
regarding population limits, any county seat of such a
persistent poverty county that has a population that does not
exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the
term ``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1980,
1990, and 2000 decennial censuses, and 2007-2011 American
Community Survey 5-year average: Provided further, That with
respect to specific activities for which program levels have
been made available by this Act that are not supported by
budget authority, the requirements of this section shall be
applied to such program level.
Sec. 753. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry
Products from Birds Slaughtered in the PRC'' published in the
Federal Register by the Department of Agriculture on June 16,
2017 (82 Fed. Reg. 27625), unless the Secretary of
Agriculture shall--
(1) ensure that the poultry slaughter inspection system for
the PRC is equivalent to that of the United States;
(2) ensure that, before any poultry products can enter the
United States from any such poultry plant, such poultry
products comply with all other applicable requirements for
poultry products in interstate commerce in the United States;
(3) conduct periodic verification reviews and audits of any
such plants in the PRC intending to export into the United
States processed poultry products;
(4) conduct re-inspection of such poultry products at
United States ports-of-entry to check the general condition
of such products, for the proper certification and labeling
of such products, and for any damage to such products that
may have occurred during transportation; and
(5) ensure that shipments of any such poultry products
selected to enter the United States are subject to additional
re-inspection procedures at appropriate levels to verify that
the products comply with relevant Federal regulations or
standards, including examinations for product defects and
laboratory analyses to detect harmful chemical residues or
pathogen testing appropriate for the products involved.
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade
agreement to which the United States is a party.
Sec. 754. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000
to carry out section 18(g)(8) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)), to remain
available until expended.
Sec. 755. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop,
issue, promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or
to develop, issue, promote or advance final guidance
applicable to food manufacturers for long term population-
wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is
completed.
Sec. 756. There is hereby appropriated $2,000,000, to
remain available until September 30, 2020, for the cost of
loans and grants that is consistent with section 4206 of the
Agricultural Act of 2014, for necessary expenses of the
Secretary to support projects that provide access to healthy
food in underserved areas, to create and preserve quality
jobs, and to revitalize low-income communities.
Sec. 757. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$8,500,000, to remain available until September 30, 2020, for
one-time control and management and associated activities
directly related to the multiple-agency response to citrus
greening.
Sec. 758. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of the production, distribution,
sale, or receipt of grape varietals that are grown, harvested
and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of
public health significance.
Sec. 759. None of the funds made available by this Act may
be used to revoke an exception made--
(1) pursuant to the final rule of the Department of
Agriculture entitled ``Exceptions to Geographic Areas for
Official Agencies Under the USGSA'' (68 Fed. Reg. 19137
(April 18, 2003)); and
(2) on a date before April 14, 2017.
Sec. 760. For school year 2019-2020, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2018, shall be
required to establish a price for paid lunches in accordance
with Section 12(p) of the Richard B. Russell National School
Lunch Act, 42 U.S.C. 1760(p).
Sec. 761. There is hereby appropriated $16,000,000, to
remain available until expended, for an additional amount for
telemedicine and distance learning services in rural areas,
as authorized by 7 U.S.C. 950aaa et seq., to help address the
opioid epidemic in rural America.
Sec. 762. (a) There is hereby appropriated $125,000,000, to
remain available until expended, for an additional amount for
Sec. 779 of Public Law 115-141.
(b) Section 313 of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c), shall be applied for fiscal year
2019 and each fiscal year thereafter until the specified
funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition,
the Secretary shall use $425,000,000 of funds available in
this subaccount in fiscal year 2019 for an additional amount
for the same purpose and under the same terms and conditions
as funds appropriated by Sec. 779 of Public Law 115-141.'':
Provided, That any use of such funds shall be treated as a
reprogramming of funds under section 716 of this Act.
Sec. 763. For an additional amount for the cost of direct
loans and grants made under the ``Rural Water and Waste
Disposal Program Account'', $75,000,000, to remain available
until expended.
Sec. 764. There is hereby appropriated $5,000,000, to
remain available until September 30, 2020, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 765. Not later than September 30, 2019, the Secretary
of Health and Human Services shall finalize the draft
guidance for industry entitled ``Bacterial Risk Control
Strategies for Blood Collection Establishments and
Transfusion Services to Enhance the Safety and Availability
of Platelets for Transfusion'' issued by the Food and Drug
Administration in March of 2016.
Sec. 766. Not later than 180 days after the date of the
enactment of this section, the Secretary of Agriculture shall
submit a report to the Committees on Appropriations of both
Houses of Congress that includes a summary of the process
used in establishing the 2020-2025 Dietary Guidelines for
Americans published pursuant to section 301 of the National
Nutrition Monitoring and Related Research Act of 1990 (7
U.S.C. 5341) and an explanation with respect to the decision
to incorporate or exclude in such Dietary Guidelines for
Americans recommendations from the report by the National
Academies of Science, Engineering, and Medicine entitled
``Redesigning the Process for Establishing the Dietary
Guidelines for Americans'' and issued September, 2017.
Sec. 767. None of the funds made available by this Act
shall be used to implement, administer, or enforce the
requirement in the final rule entitled ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels'',
published in the Federal Register on May 27, 2016 (81 Fed.
Reg. 33742), that any single ingredient sugar, honey, agave,
or syrup (including maple syrup) that is packaged and offered
for sale as a single ingredient food bear the declaration
``Includes `X'g Added Sugars''.
Sec. 768. None of the funds made available by this Act may
be used to implement or enforce the matter following the
first comma in the second sentence of footnote (c) of section
220.8(c) of title 7, Code of Federal Regulations, with
respect to the substitution of vegetables for fruits under
the school breakfast program established under section 4 of
the Child Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 769. The Secretary of Agriculture shall provide to
any State or county impacted by a volcanic eruption covered
by a major disaster declared by the President in calendar
year 2018 in accordance with section 401 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170) technical assistance--
(1) to assess damage to agricultural production and rural
infrastructure; and
(2) to develop recovery plans for impacted farmers,
ranchers, and rural communities.
Sec. 770. (a) The Secretary of Agriculture, in coordination
with the Administrator of the National Oceanic and
Atmospheric Administration, shall establish a working group
(referred to in this section as the ``working group'')--
(1) to study how mangroves, kelp forests, tidal marshes,
and seagrass meadows could help deacidify the oceans;
(2) to study emerging ocean farming practices that use kelp
and seagrass to deacidify the oceans while providing
feedstock for agriculture and other commercial and industrial
inputs; and
(3) to coordinate and conduct research to develop and
enhance pilot-scale research for farming of kelp and seagrass
in order--
(A) to deacidify ocean environments;
(B) to produce a feedstock for agriculture; and
(C) to develop other scalable commercial applications for
kelp, seagrass, or products derived from kelp or seagrass.
(b) The working group shall include--
(1) the Secretary of Agriculture;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) representatives of any relevant offices within the
National Oceanic and Atmospheric Administration; and
(4) the Assistant Secretary of Energy for Energy Efficiency
and Renewable Energy.
(c) Not later than 2 years after the date of enactment of
this Act, the working group shall submit to Congress a report
that includes--
(1) the findings of the research described in subsection
(a);
(2) the results of the pilot-scale research described in
subsection (a)(3); and
(3) any policy recommendations based on those findings and
results.
[[Page H1610]]
Sec. 771. Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report describing the ways in which
conservation programs administered by the Natural Resources
Conservation Service may be better used for the conservation
of ocelots (Leopardus pardalis) and any action taken by the
Chief of the Natural Resources Conservation Service relating
to the conservation of ocelots.
Sec. 772. Not later than 1 year after the date of
enactment of this Act, the Rural Housing Service of the
Department of Agriculture shall submit to Congress a report
including--
(1) a description of--
(A) the number of properties assisted under title V of the
Housing Act of 1949 (42 U.S.C. 1471 et seq.) that are
reaching the end of their loan term;
(B) the location of each property described in subparagraph
(A);
(C) the number of units in each property described in
subparagraph (A); and
(D) the date on which each the loan for each property
described in subparagraph (A) is expected to reach maturity;
(2) the strategy of the Rural Housing Service to preserve
the long-term affordability of the properties described in
paragraph (1)(A) when the loan matures; and
(3) a description of the resources and tools that the Rural
Housing Service needs from Congress in order to preserve the
long-term affordability of the properties described in
paragraph (1) (A).
Sec. 773. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2019, and following the
review required under Executive Order 12866 (5 U.S.C. 601
note; relating to regulatory planning and review), issue
advice revising the advice provided in the notice of
availability entitled ``Advice About Eating Fish, From the
Environmental Protection Agency and Food and Drug
Administration; Revised Fish Advice; Availability'' (82 Fed.
Reg. 6571 (January 19, 2017)), in a manner that is consistent
with nutrition science recognized by the Food and Drug
Administration on the net effects of seafood consumption.
Sec. 774. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated
$5,000,000, to remain available until September 30, 2020, for
grants from the National Institute of Food and Agriculture to
the 1890 Institutions to support the Centers of Excellence.
Sec. 775. Section 6(e)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is
amended by striking ``September 30, 2020'' and inserting
``September 30, 2018''.
Sec. 776. During fiscal year 2019, the Food and Drug
Administration shall not allow the introduction or delivery
for introduction into interstate commerce of any food that
contains genetically engineered salmon until the FDA
publishes final labeling guidelines for informing consumers
of such content.
Sec. 777. In addition to funds appropriated in this Act,
there is hereby appropriated $216,000,000, to remain
available until expended, under the heading ``Food for Peace
Title II Grants'': Provided, That the funds made available
under this section shall be used for the purposes set forth
in the Food for Peace Act for both emergency and non-
emergency purposes.
Sec. 778. There is appropriated to the ``Farm Service
Agency'' $9,000,000 for purposes of making payments to
producers impacted by an oriental fruit fly quarantine as
referenced in H.Rpt.115-232 to remain available until
expended: Provided, That of the unobligated balances
available under Treasury symbol code 12 18/19 0600,
$5,000,000 are rescinded.
Sec. 779. In administering the pilot program established
by section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141), the Secretary
of Agriculture shall--
(1) ensure that applicants that are determined to be
ineligible for the pilot program have a means of appealing or
otherwise challenging that determination in a timely fashion;
and
(2) in determining whether an entity may overbuild or
duplicate broadband expansion efforts made by any entity that
has received a broadband loan from the Rural Utilities
Service, not consider loans that were rescinded or defaulted
on, or loans the terms and conditions of which were not met,
if the entity under consideration has not previously
defaulted on, or failed to meet the terms and conditions of,
a Rural Utilities Service loan or had a Rural Utilities
Service loan rescinded.
Sec. 780. For the cost of loans and grants, $3,000,000
under the same terms and conditions as authorized by section
379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s): Provided, That such costs of loans, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2019''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to sections 3702 and 3703 of title 44, United States Code;
full medical coverage for dependent members of immediate
families of employees stationed overseas and employees
temporarily posted overseas; travel and transportation of
employees of the International Trade Administration between
two points abroad, without regard to section 40118 of title
49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space
abroad for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of section 2672 of title 28, United
States Code, when such claims arise in foreign countries; not
to exceed $294,300 for official representation expenses
abroad; purchase of passenger motor vehicles for official use
abroad, not to exceed $45,000 per vehicle; obtaining
insurance on official motor vehicles; and rental of tie
lines, $495,000,000, to remain available until September 30,
2020, of which $11,000,000 is to be derived from fees to be
retained and used by the International Trade Administration,
notwithstanding section 3302 of title 31, United States Code:
Provided, That, of amounts provided under this heading, not
less than $16,400,000 shall be for China antidumping and
countervailing duty enforcement and compliance activities:
Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities.
Bureau of Industry and Security
operations and administration
(including transfer of funds)
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under
the Export Control Reform Act of 2018 (subtitle B of title
XVII of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50
U.S.C. 4801 et seq.), and as authorized by section 1(b) of
the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b));
and purchase of passenger motor vehicles for official use and
motor vehicles for law enforcement use with special
requirement vehicles eligible for purchase without regard to
any price limitation otherwise established by law,
$118,050,000, to remain available until expended, except that
of the amount appropriated, not less than $4,550,000 shall
remain available until September 30, 2019, and shall only be
available for contractor support to implement the product
exclusion process for articles covered by actions taken under
section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
1862): Provided, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and
contributions collected and accepted for materials or
services provided as part of such activities may be retained
for use in covering the cost of such activities, and for
providing information to the public with respect to the
export administration and national security activities of the
Department of Commerce and other export control programs of
the United States and other governments: Provided further,
That the Secretary of Commerce may transfer up to $2,000,000
to this account, from funds available for ``Departmental
Management, Salaries and Expenses'' or for ``Departmental
Management, Renovation and Modernization'': Provided
further, That any funds transferred pursuant to the previous
proviso shall remain available until September 30, 2019, and
shall only be available for contractor support to implement
the product exclusion process for articles covered by actions
taken under section 232 of the Trade Expansion Act of 1962
(19 U.S.C. 1862): Provided further, That such transfer
authority is in addition to any other transfer authority
contained in this Act: Provided further, That any such
transfer shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3722), $265,000,000, to remain available
until expended, of which $23,500,000 shall be for grants
under such section 27.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$39,000,000: Provided, That
[[Page H1611]]
these funds may be used to monitor projects approved pursuant
to title I of the Public Works Employment Act of 1976, title
II of the Trade Act of 1974, section 27 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722),
and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$40,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $101,000,000, to remain available until September
30, 2020.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $270,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics for periodic
censuses and programs provided for by law, $3,551,388,000, to
remain available until September 30, 2021: Provided, That,
from amounts provided herein, funds may be used for
promotion, outreach, and marketing activities: Provided
further, That within the amounts appropriated, $3,556,000
shall be transferred to the ``Office of Inspector General''
account for activities associated with carrying out
investigations and audits related to the Bureau of the
Census: Provided further, That not more than 50 percent of
the amounts made available under this heading for information
technology related to 2020 census delivery, including the
Census Enterprise Data Collection and Processing (CEDCaP)
program, may be obligated until the Secretary updates the
previous expenditure plan and resubmits to the Committees on
Appropriations of the House of Representatives and the Senate
a plan for expenditure that: (1) identifies for each CEDCaP
project/investment over $25,000: (A) the functional and
performance capabilities to be delivered and the mission
benefits to be realized; (B) an updated estimated lifecycle
cost, including cumulative expenditures to date by fiscal
year, and all revised estimates for development, maintenance,
and operations; (C) key milestones to be met; and (D) impacts
of cost variances on other Census programs; (2) details for
each project/investment: (A) reasons for any cost and
schedule variances; and (B) top risks and mitigation
strategies; and (3) has been submitted to the Government
Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $39,500,000, of which not to exceed $15,000,000 shall
remain available until September 30, 2020: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce
shall charge Federal agencies for costs incurred in spectrum
management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain
available until expended: Provided further, That the
Secretary of Commerce is authorized to retain and use as
offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs
incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions
under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until
their expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including
defense of suits instituted against the Under Secretary of
Commerce for Intellectual Property and Director of the USPTO,
$3,370,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections of fees and
surcharges assessed and collected by the USPTO under any law
are received during fiscal year 2019, so as to result in a
fiscal year 2019 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year
2019, should the total amount of such offsetting collections
be less than $3,370,000,000 this amount shall be reduced
accordingly: Provided further, That any amount received in
excess of $3,370,000,000 in fiscal year 2019 and deposited in
the Patent and Trademark Fee Reserve Fund shall remain
available until expended: Provided further, That the
Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the
preceding proviso and such spending plan shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That any amounts reprogrammed in accordance
with the preceding proviso shall be transferred to the United
States Patent and Trademark Office ``Salaries and Expenses''
account: Provided further, That from amounts provided
herein, not to exceed $900 shall be made available in fiscal
year 2019 for official reception and representation expenses:
Provided further, That in fiscal year 2019 from the amounts
made available for ``Salaries and Expenses'' for the USPTO,
the amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and
employees under section 8334(a) of title 5, United States
Code, and the normal cost percentage (as defined by section
8331(17) of that title) as provided by the Office of
Personnel Management (OPM) for USPTO's specific use, of basic
pay, of employees subject to subchapter III of chapter 83 of
that title, and (2) the present value of the otherwise
unfunded accruing costs, as determined by OPM for USPTO's
specific use of post-retirement life insurance and post-
retirement health benefits coverage for all USPTO employees
who are enrolled in Federal Employees Health Benefits (FEHB)
and Federal Employees Group Life Insurance (FEGLI), shall be
transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and
shall be available for the authorized purposes of those
accounts: Provided further, That any differences between the
present value factors published in OPM's yearly 300 series
benefit letters and the factors that OPM provides for USPTO's
specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable: Provided
further, That, notwithstanding any other provision of law,
all fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title
35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112-29):
Provided further, That within the amounts appropriated,
$1,500,000 shall be transferred to the ``Office of Inspector
General'' account for activities associated with carrying out
investigations and audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $724,500,000, to remain
available until expended, of which not to exceed $9,000,000
may be transferred to the ``Working Capital Fund'':
Provided, That not to exceed $5,000 shall be for official
reception and representation expenses: Provided further,
That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which
$140,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $15,000,000 shall be for
the National Network for Manufacturing Innovation (also known
as ``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National
Institute of Standards and Technology Act (15 U.S.C. 278c-
278e), $106,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials that the Secretary submits to
Congress in support of the Department of Commerce budget (as
submitted with the budget of the President under section
1105(a) of title 31, United States Code) an estimate for each
National Institute of Standards and Technology construction
project having a total multi-year program cost of more than
$5,000,000, and simultaneously the budget justification
materials shall include an estimate of the budgetary
requirements for each such project for each of the 5
subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; pilot programs for state-led fisheries management,
notwithstanding any other provision of law; grants,
contracts, or other payments to nonprofit organizations for
the purposes of conducting activities pursuant to cooperative
agreements; and relocation of facilities, $3,596,997,000, to
remain available until September 30, 2020: Provided, That
fees and donations received by the National Ocean Service for
the management of national marine sanctuaries may be retained
and used for the salaries and expenses associated with those
activities, notwithstanding section 3302 of title 31, United
States Code: Provided further, That in addition,
$157,980,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'', which shall only be used
for fishery activities related to the Saltonstall-Kennedy
Grant Program; Fisheries Data Collections, Surveys
[[Page H1612]]
and Assessments; and Interjurisdictional Fisheries Grants:
Provided further, That of the $3,772,477,000 provided for in
direct obligations under this heading, $3,596,997,000 is
appropriated from the general fund, $157,980,000 is provided
by transfer, and $17,500,000 is derived from recoveries of
prior year obligations: Provided further, That any deviation
from the amounts designated for specific activities in the
joint explanatory statement accompanying this Act, or any use
of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set
forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents' Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,755,349,000, to remain available until September 30, 2021,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$1,768,349,000 provided for in direct obligations under this
heading, $1,755,349,000 is appropriated from the general fund
and $13,000,000 is provided from recoveries of prior year
obligations: Provided further, That any deviation from the
amounts designated for specific activities in the joint
explanatory statement accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with the
budget of the President under section 1105(a) of title 31,
United States Code) an estimate for each National Oceanic and
Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000
and simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account
for activities associated with carrying out investigations
and audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2020: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants
to the States of Washington, Oregon, Idaho, Nevada,
California, and Alaska, and to the Federally recognized
tribes of the Columbia River and Pacific Coast (including
Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or
endangered, or that are identified by a State as at-risk to
be so listed, for maintaining populations necessary for
exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be
developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and
other merit principles and shall not be available for
marketing activities: Provided further, That funds disbursed
to States shall be subject to a matching requirement of funds
or documented in-kind contributions of at least 33 percent of
the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $15,000,000 to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery
resource disasters as declared by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2019, obligations of direct loans
may not exceed $24,000,000 for Individual Fishing Quota loans
and not to exceed $100,000,000 for traditional direct loans
as authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed
$4,500 for official reception and representation,
$63,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $34,744,000: Provided, That
notwithstanding section 6413(b) of the Middle Class Tax
Relief and Job Creation Act of 2012 (Public Law 112-96),
$2,000,000, to remain available until expended, from the
amounts provided under this heading, shall be derived from
the Public Safety Trust Fund for activities associated with
carrying out investigations and audits related to the First
Responder Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance
of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically
provided for in this Act or any other law appropriating funds
for the Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2012 (Public Law 112-55), as amended by
section 105 of title I of division B of Public Law 113-6, are
hereby adopted by reference and made applicable with respect
to fiscal year 2019: Provided, That the life cycle cost for
the Joint Polar Satellite System is $11,322,125,000 and the
life cycle cost for the Geostationary Operational
Environmental Satellite R-Series Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services)
necessary to support the operation, maintenance, and
improvement of space that persons, firms, or organizations
are authorized, pursuant to the Public Buildings Cooperative
Use Act of 1976 or other authority, to use or occupy in the
Herbert C. Hoover Building, Washington, DC, or other
buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the
Administrator of General Services pursuant to the Federal
Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over
its networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization, for
purposes related to carrying out the responsibilities of any
statute administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic
copy of such report or document may be accessed and
downloaded for free online. Should a customer still require
the Service to provide a printed or digital copy of the
report or document, the charge shall be limited to recovering
the Service's cost of processing, reproducing, and delivering
such report or document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-
reimbursable basis land, services, equipment, personnel, and
facilities provided by; and (3) receive and expend funds made
available on a consensual basis from: a Federal agency, State
or subdivision thereof, local government, tribal government,
territory, or possession or any subdivisions thereof:
Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be
deposited under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'' and shall remain available until September 30,
2021, for such purposes: Provided further, That all funds
within this section and their corresponding uses are subject
to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the
[[Page H1613]]
programs of the Economics and Statistics Administration of
the Department of Commerce, including amounts provided for
programs of the Bureau of Economic Analysis and the Bureau of
the Census, shall be available for expenses of cooperative
agreements with appropriate entities, including any Federal,
State, or local governmental unit, or institution of higher
education, to aid and promote statistical, research, and
methodology activities which further the purposes for which
such amounts have been made available.
Sec. 111. Section 110(a) of the Department of Commerce
Appropriations Act, 2016 (Public Law 114-113) is amended--
(1) by striking ``management is'' and inserting
``management is: (1)''; and
(2) by striking ``subsection (b).'' and inserting
``subsection (b); or (2) for law enforcement activities
conducted by States under a joint enforcement agreement
pursuant to section 311(h) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861(h)), any
other agreement with the Secretary entered into pursuant to
section 311(a) of such Act, or any similar agreement
authorized by law.''.
Sec. 112. Title II of Division B of Public Law 115-123 is
amended by striking ``Federal'' each place it appears under
the heading ``Department of Commerce--National Oceanic and
Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $113,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $32,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any
other transfer authority contained in this Act: Provided
further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $563,407,000, of which $4,000,000 shall
be derived by transfer from the Executive Office for
Immigration Review fees deposited in the ``Immigration
Examinations Fee'' account, and of which not less than
$11,400,000 shall be available for services and activities
provided by the Legal Orientation Program: Provided, That
not to exceed $35,000,000 of the total amount made available
under this heading shall remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$101,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,000,000: Provided, That,
notwithstanding any other provision of law, upon the
expiration of a term of office of a Commissioner, the
Commissioner may continue to act until a successor has been
appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of
Columbia, $904,000,000, of which not to exceed $20,000,000
for litigation support contracts shall remain available until
expended: Provided, That of the amount provided for INTERPOL
Washington dues payments, not to exceed $685,000 shall remain
available until expended: Provided further, That of the
total amount appropriated, not to exceed $9,000 shall be
available to INTERPOL Washington for official reception and
representation expenses: Provided further, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
of the amount appropriated, such sums as may be necessary
shall be available to the Civil Rights Division for salaries
and expenses associated with the election monitoring program
under section 8 of the Voting Rights Act of 1965 (52 U.S.C.
10305) and to reimburse the Office of Personnel Management
for such salaries and expenses: Provided further, That of
the amounts provided under this heading for the election
monitoring program, $3,390,000 shall remain available until
expended: Provided further, That of the amount appropriated,
not less than $193,715,000 shall be available for the
Criminal Division, including related expenses for the Mutual
Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $10,000,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $164,977,000, to remain available until
expended: Provided, That notwithstanding any other provision
of law, fees collected for premerger notification filings
under the Hart-Scott-Rodino Antitrust Improvements Act of
1976 (15 U.S.C. 18a), regardless of the year of collection
(and estimated to be $136,000,000 in fiscal year 2019), shall
be retained and used for necessary expenses in this
appropriation, and shall remain available until expended:
Provided further, That the sum herein appropriated from the
general fund shall be reduced as such offsetting collections
are received during fiscal year 2019, so as to result in a
final fiscal year 2019 appropriation from the general fund
estimated at $28,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,212,000,000: Provided, That of the total
amount appropriated, not to exceed $7,200 shall be available
for official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain
available until expended: Provided further, That each United
States Attorney shall establish or participate in a task
force on human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $226,000,000, to remain available
until expended: Provided, That, notwithstanding any other
provision of law, deposits to the United States Trustee
System Fund and amounts herein appropriated shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, fees deposited into the Fund pursuant
to section 589a(b) of title 28, United States Code (as
limited by section 1004(b) of the Bankruptcy Judgeship Act of
2017 (division B of Public Law 115-72)), shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further,
That to the extent that fees deposited into the Fund in
fiscal year 2019, net of amounts necessary to pay refunds due
depositors, exceed $226,000,000, those excess amounts shall
be available in future fiscal years only to the extent
provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general
fund shall be reduced (1) as such fees are received during
fiscal year 2019, net of amounts necessary to pay refunds due
depositors, (estimated at $360,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a
final fiscal year 2019 appropriation from the general fund
estimated at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000
is for construction of buildings for protected witness
safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness
security caravans; and not to exceed $18,000,000 is for the
purchase, installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses: Provided, That amounts
made available under this heading may not be transferred
pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to
[[Page H1614]]
the preceding proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,358,000,000, of which not to exceed $6,000 shall
be available for official reception and representation
expenses, and not to exceed $25,000,000 shall remain
available until expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding
and related support, $15,000,000, to remain available until
expended.
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,552,397,000, to remain available until expended:
Provided, That not to exceed $20,000,000 shall be considered
``funds appropriated for State and local law enforcement
assistance'' pursuant to section 4013(b) of title 18, United
States Code: Provided further, That the United States
Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $101,369,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and
drug trafficking, $560,000,000, of which $50,000,000 shall
remain available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $9,192,137,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That not to exceed $184,500 shall be
available for official reception and representation expenses:
Provided further, That in addition to other funds provided
for Construction projects, the Federal Bureau of
Investigation may use up to $150,000,000 appropriated in
prior years under this heading for all costs related to
construction, renovation, and modification of federally owned
and leased space and expansion of network capabilities.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related
to construction or acquisition of buildings, facilities and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of federally owned
buildings; preliminary planning and design of projects; and
operation and maintenance of secure work environment
facilities and secure networking capabilities; $385,000,000,
to remain available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; and expenses
for conducting drug education and training programs,
including travel and related expenses for participants in
such programs and the distribution of items of token value
that promote the goals of such programs, $2,267,000,000, of
which not to exceed $75,000,000 shall remain available until
expended and not to exceed $90,000 shall be available for
official reception and representation expenses: Provided,
That the Drug Enforcement Administration may use up to
$5,700,000 appropriated in prior year funds under this
heading for necessary expenses of construction.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and
for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,316,678,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under section 925(c) of title 18, United States
Code: Provided further, That such funds shall be available
to investigate and act upon applications filed by
corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any
other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and
Explosives to other agencies or Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, and for the provision of
technical assistance and advice on corrections related issues
to foreign governments, $7,250,000,000: Provided, That the
Attorney General may transfer to the Department of Health and
Human Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for
inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison
System, where necessary, may enter into contracts with a
fiscal agent or fiscal intermediary claims processor to
determine the amounts payable to persons who, on behalf of
the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $5,400 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $50,000,000 shall
remain available for necessary operations until September 30,
2020: Provided further, That, of the amounts provided for
contract confinement, not to exceed $20,000,000 shall remain
available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal
Prison System may accept donated property and services
relating to the operation of the prison card program from a
not-for-profit entity which has operated such program in the
past, notwithstanding the fact that such not-for-profit
entity furnishes services under contracts to the Federal
Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $264,000,000, to remain available until expended, of
which $175,000,000 shall be available only for costs related
to construction of new facilities: Provided, That labor of
United States prisoners may be used for work performed under
this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of
funds and borrowing authority available, and in accord with
the law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 9104
of title 31, United States Code, as may be necessary in
carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.
[[Page H1615]]
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the
1968 Act''); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (``the 1994 Act''); the
Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003
(Public Law 108-21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (``the 2000 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); and the Rape
Survivor Child Custody Act of 2015 (Public Law 114-22) (``the
2015 Act''); and for related victims services, $497,500,000,
to remain available until expended, which shall be derived by
transfer from amounts available for obligation in this Act
from the Fund established by section 1402 of chapter XIV of
title II of Public Law 98-473 (34 U.S.C. 20101),
notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That
of the amount provided--
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $36,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault as authorized by section 40299 of
the 1994 Act;
(3) $3,000,000 is for the National Institute of Justice and
the Bureau of Justice Statistics for research, evaluation,
and statistics of violence against women and related issues
addressed by grant programs of the Office on Violence Against
Women, which shall be transferred to ``Research, Evaluation
and Statistics'' for administration by the Office of Justice
Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking;
assistance to children and youth exposed to such violence;
programs to engage men and youth in preventing such violence;
and assistance to middle and high school students through
education and other services related to such violence:
Provided, That unobligated balances available for the
programs authorized by sections 41201, 41204, 41303, and
41305 of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided further,
That 10 percent of the total amount available for this grant
program shall be available for grants under the program
authorized by section 2015 of the 1968 Act: Provided
further, That the definitions and grant conditions in section
40002 of the 1994 Act shall apply to this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $37,500,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $42,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $45,000,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000
Act: Provided, That unobligated balances available for the
programs authorized by section 1301 of the 2000 Act and
section 41002 of the 1994 Act, prior to their amendment by
the 2013 Act, shall be available for this program;
(12) $6,000,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402 of the 2000 Act;
(13) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be
transferred to ``Research, Evaluation and Statistics'' for
administration by the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to
sexual assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal
jurisdiction, as authorized by section 904 of the 2013 Act:
Provided, That the grant conditions in section 40002(b) of
the 1994 Act shall apply to this program; and
(17) $1,500,000 is for the purposes authorized under the
2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Justice for All Act of 2004 (Public Law 108-
405); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647); the Second Chance Act of 2007 (Public Law 110-199);
the Victims of Crime Act of 1984 (Public Law 98-473); the
Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109-248) (``the Adam Walsh Act''); the PROTECT Our
Children Act of 2008 (Public Law 110-401); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the NICS Improvement Amendments
Act of 2007 (Public Law 110-180); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and other programs, $80,000,000, to remain available
until expended, of which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C of
title I of the 1968 Act, of which $5,000,000 is for a
nationwide incident-based crime statistics program; and
(2) $37,000,000 is for research, development, and
evaluation programs, and other activities as authorized by
part B of title I of the 1968 Act and subtitle D of title II
of the 2002 Act, of which $4,000,000 is for research targeted
toward developing a better understanding of the domestic
radicalization phenomenon, and advancing evidence-based
strategies for effective intervention and prevention;
$1,000,000 is for research to study the root causes of school
violence to include the impact and effectiveness of grants
made under the STOP School Violence Act; $1,000,000 is for a
study to better protect children against online predatory
behavior as part of the National Juvenile Online
Victimization Studies (N-JOVS); and $3,000,000 is for a
national center for restorative justice.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647) (``the 1990 Act''); the Trafficking
Victims Protection Reauthorization Act of 2005 (Public Law
109-164); the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); the Adam Walsh Child Protection and
Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386); the NICS Improvement
Amendments Act of 2007 (Public Law 110-180); subtitle D of
title II of the Homeland Security Act of 2002 (Public Law
107-296) (``the 2002 Act''); the Second Chance Act of 2007
(Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public
Law 110-403); the Victims of Crime Act of 1984 (Public Law
98-473); the Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2008 (Public
Law 110-416); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113-4) (``the 2013 Act''); the
Comprehensive Addiction and Recovery Act of 2016 (Public Law
114-198) (``CARA''); the Justice for All Reauthorization Act
of 2016 (Public Law 114-324); Kevin and Avonte's Law
(division Q of Public Law 115-141) (``Kevin and Avonte's
Law''); the Keep Young Athletes Safe Act of 2018 (title III
of division S of Public Law 115-141) (``the Keep Young
Athletes Safe Act''); the STOP School Violence Act of 2018
(title V of division S of Public Law 115-141) (``the STOP
School Violence Act''); the Fix NICS Act of 2018 (title VI of
division S of Public Law 115-141); the Project Safe
Neighborhoods Grant Program Authorization Act of 2018 (Public
Law 115-185); and the SUPPORT for Patients and Communities
Act (Public Law 115-271); and other programs, $1,723,000,000,
to remain available until expended as follows--
(1) $423,500,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of
title I of the 1968 Act shall not apply for purposes of this
Act), of which, notwithstanding such subpart 1, $12,000,000
is for the Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $7,500,000 is for an
initiative to support evidence-based policing, $8,000,000 is
for an initiative to enhance prosecutorial decision-making,
$2,400,000 is for the operationalization, maintenance and
expansion of the National Missing and Unidentified Persons
System, $2,500,000 is for an academic based training
initiative to improve police-based responses to people with
mental illness or developmental disabilities, $2,000,000 is
for a student loan repayment assistance program pursuant to
section 952 of Public Law 110-315, $15,500,000 is for prison
rape prevention and prosecution grants to States and units of
local government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-79),
$2,000,000 is for a grant program authorized by Kevin and
Avonte's Law, $3,000,000 is for a regional law enforcement
technology initiative,
[[Page H1616]]
$20,000,000 is for programs to reduce gun crime and gang
violence, as authorized by Public Law 115-185, $5,000,000 is
for the Capital Litigation Improvement Grant Program, as
authorized by section 426 of Public Law 108-405, and for
grants for wrongful conviction review, $2,000,000 is for
emergency law enforcement assistance for events occurring
during or after fiscal year 2019, as authorized by section
609M of the Justice Assistance Act of 1984 (34 U.S.C. 50101),
$2,000,000 is for grants to States and units of local
government to deploy managed access systems to combat
contraband cell phone use in prison, $2,000,000 is for a
program to improve juvenile indigent defense, and $8,000,000
is for community-based violence prevention initiatives;
(2) $243,500,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):
Provided, That no jurisdiction shall request compensation for
any cost greater than the actual cost for Federal immigration
and other detainees housed in State and local detention
facilities;
(3) $85,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386, for programs authorized under Public Law 109-164, or
programs authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology, white
collar, and Internet crime prevention grants, including as
authorized by section 401 of Public Law 110-403, of which
$2,500,000 is for competitive grants that help State and
local law enforcement tackle intellectual property thefts,
and $2,000,000 for a competitive grant program for training
students in computer forensics and digital investigation;
(5) $20,000,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $25,000,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards for
research, testing and evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $75,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110-180) and
Fix NICS Act of 2018;
(9) $30,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $130,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $120,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal
forensic activities, including the purposes authorized under
section 2 of the DNA Analysis Backlog Elimination Act of 2000
(Public Law 106-546) (the Debbie Smith DNA Backlog Grant
Program): Provided, That up to 4 percent of funds made
available under this paragraph may be used for the purposes
described in the DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers
program (Public Law 108-405, section 303);
(B) $6,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $48,000,000 for a grant program for community-based
sexual assault response reform;
(12) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $37,500,000 for assistance to Indian tribes;
(14) $87,500,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110-199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and
tribal probation or parole supervision efforts and
strategies, $5,000,000 is for Children of Incarcerated
Parents Demonstrations to enhance and maintain parental and
family relationships for incarcerated parents as a reentry or
recidivism reduction strategy, and $4,000,000 is for
additional replication sites employing the Project HOPE
Opportunity Probation with Enforcement model implementing
swift and certain sanctions in probation, and for a research
project on the effectiveness of the model: Provided, That up
to $7,500,000 of funds made available in this paragraph may
be used for performance-based awards for Pay for Success
projects, of which up to $5,000,000 shall be for Pay for
Success programs implementing the Permanent Supportive
Housing Model;
(15) $66,500,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and Tribal law enforcement,
$27,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $17,000,000 is for an Edward Byrne Memorial
criminal justice innovation program;
(16) $347,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the
following programs, which shall address opioid abuse
reduction consistent with underlying program authorities--
(A) $77,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $31,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2008 (Public Law 110-416);
(C) $30,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $22,000,000 for a veterans treatment courts program;
(E) $30,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $157,000,000 for a comprehensive opioid abuse program;
(17) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act; and
(18) $75,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act:
Provided, That, if a unit of local government uses any of
the funds made available under this heading to increase the
number of law enforcement officers, the unit of local
government will achieve a net gain in the number of law
enforcement officers who perform non-administrative public
sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C.
11291 et seq.); the Prosecutorial Remedies and Other Tools to
end the Exploitation of Children Today Act of 2003 (Public
Law 108-21); the Victims of Child Abuse Act of 1990 (Public
Law 101-647) (``the 1990 Act''); the Adam Walsh Child
Protection and Safety Act of 2006 (Public Law 109-248) (``the
Adam Walsh Act''); the PROTECT Our Children Act of 2008
(Public Law 110-401); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); and other juvenile justice programs,
$287,000,000, to remain available until expended as follows--
(1) $60,000,000 for programs authorized by section 221 of
the 1974 Act, and for training and technical assistance to
assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $95,000,000 for youth mentoring grants;
(3) $24,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to
sections 261 and 262 thereof--
(A) $5,000,000 shall be for the Tribal Youth Program;
(B) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated
parents;
(C) $2,000,000 shall be for competitive grants focusing on
girls in the juvenile justice system;
(D) $9,000,000 shall be for an opioid-affected youth
initiative; and
(E) $8,000,000 shall be for an initiative relating to
children exposed to violence;
(4) $22,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $82,000,000 for missing and exploited children
programs, including as authorized by sections 404(b) and
405(a) of the 1974 Act (except that section 102(b)(4)(B) of
the PROTECT Our Children Act of 2008 (Public Law 110-401)
shall not apply for purposes of this Act); and
(6) $3,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be
used for training and technical assistance: Provided
further, That the two preceding provisos shall not apply to
grants and projects administered pursuant to sections 261 and
262 of the 1974 Act and to missing and exploited children
programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $24,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for such
disability and education payments, the Attorney General may
transfer such amounts to ``Public Safety Officer Benefits''
from available appropriations for the Department of Justice
as may be necessary to respond to such circumstances:
Provided further, That any transfer pursuant to the preceding
proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
[[Page H1617]]
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968
Act''); the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); and the SUPPORT for Patients and Communities Act
(Public Law 115-271), $303,500,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in
accordance with section 505 of this Act: Provided further,
That of the amount provided under this heading--
(1) $228,500,000 is for grants under section 1701 of title
I of the 1968 Act (34 U.S.C. 10381) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title notwithstanding subsection (i) of such
section: Provided, That, notwithstanding section 1704(c) of
such title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not exceed
$125,000 unless the Director of the Office of Community
Oriented Policing Services grants a waiver from this
limitation: Provided further, That within the amounts
appropriated under this paragraph, $27,000,000 is for
improving tribal law enforcement, including hiring,
equipment, training, anti-methamphetamine activities, and
anti-opioid activities: Provided further, That of the
amounts appropriated under this paragraph, $6,500,000 is for
community policing development activities in furtherance of
the purposes in section 1701: Provided further, That of the
amounts appropriated under this paragraph $37,000,000 is for
regional information sharing activities, as authorized by
part M of title I of the 1968 Act, which shall be transferred
to and merged with ``Research, Evaluation, and Statistics''
for administration by the Office of Justice Programs:
Provided further, That within the amounts appropriated under
this paragraph, no less than $3,000,000 is to support the
Tribal Access Program: Provided further, That within the
amounts appropriated under this paragraph, $2,000,000 is for
training, peer mentoring, and mental health program
activities as authorized under the Law Enforcement Mental
Health and Wellness Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State law
enforcement agencies in States with high seizures of
precursor chemicals, finished methamphetamine, laboratories,
and laboratory dump seizures: Provided, That funds
appropriated under this paragraph shall be utilized for
investigative purposes to locate or investigate illicit
activities, including precursor diversion, laboratories, or
methamphetamine traffickers;
(4) $32,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including
activities related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful heroin and
prescription opioid traffickers through statewide
collaboration; and
(5) $25,000,000 is for competitive grants to be
administered by the Community Oriented Policing Services
Office for purposes authorized under the STOP School Violence
Act (title V of division S of Public Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception
and representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by
a court of competent jurisdiction, this section shall be null
and void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of
transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media
or equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the
Deputy Attorney General and the investment review board
certify to the Committees on Appropriations of the House of
Representatives and the Senate that the information
technology program has appropriate program management
controls and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise
architecture of the Department of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations
from the amounts designated for specific activities in this
Act and in the joint explanatory statement accompanying this
Act, and to any use of deobligated balances of funds provided
under this title in previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of section 545 of title 28, United
States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available
(or authorized to be made available) by law, with respect to
funds appropriated by this title under the headings
``Research, Evaluation and Statistics'', ``State and Local
Law Enforcement Assistance'', and ``Juvenile Justice
Programs''--
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical
assistance; and
(2) up to 2.5 percent of funds made available for grant or
reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation,
or statistical programs administered by the National
Institute of Justice and the Bureau of Justice Statistics,
shall be transferred to and merged with funds provided to the
National Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research, evaluation, or
statistical purposes, without regard to the authorizations
for such grant or reimbursement programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the
Attorney General may, with respect to funds appropriated in
this or any other Act making appropriations for fiscal years
2016 through 2019 for the following programs, waive the
following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34
U.S.C. 10631 et seq.), the requirements under section
2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (34 U.S.C. 10631 et seq.),
the requirements under section 2978(e)(1) and (2) of such
part (34 U.S.C. 10633(e)(1) and (2)).
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(34 U.S.C. 10581), the requirements under the second sentence
of section 2901(f) of such part (34 U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12109(a)) shall not apply to amounts made available by this
or any other Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is
an agent of a drug cartel, unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2019, except up
to $12,000,000 may be obligated for implementation of a
unified Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of
Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation in fiscal year 2019,
[[Page H1618]]
and any use, obligation, transfer or allocation of such funds
shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2019, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming
of funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76, section
524 of division G of Public Law 113-235, section 525 of
division H of Public Law 114-113, and such authorities as are
enacted for Performance Partnership Pilots in an
appropriations Act for fiscal years 2018 and 2019.
This title may be cited as the ``Department of Justice
Appropriations Act, 2019''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of
passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, not to exceed
$2,250 for official reception and representation expenses,
and rental of conference rooms in the District of Columbia,
$5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685
and Executive Order 13803, hire of passenger motor vehicles,
and services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National
Space Council may accept personnel support from Federal
agencies, departments, and offices, and such Federal
agencies, departments, and offices may detail staff without
reimbursement to the National Space Council for purposes
provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$6,905,700,000, to remain available until September 30, 2020:
Provided, That, of the amounts provided, $545,000,000 is for
an orbiter and $195,000,000 is for a lander to meet the
science goals for the Jupiter Europa mission as recommended
in previous Planetary Science Decadal surveys: Provided
further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the
launch vehicles for the Jupiter Europa missions, plan for an
orbiter launch no later than 2023 and a lander launch no
later than 2025, and include in the fiscal year 2020 budget
the 5-year funding profile necessary to achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$725,000,000, to remain available until September 30, 2020.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft
control, and communications activities; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5,
United States Code; travel expenses; purchase and hire of
passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $926,900,000, to remain available until September
30, 2020: Provided, That $180,000,000 shall be for RESTORE-
L.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance,
and operation of mission and administrative aircraft,
$5,050,800,000, to remain available until September 30, 2020:
Provided, That not less than $1,350,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously:
Provided further, That of the amounts provided for SLS, not
less than $150,000,000 shall be for Exploration Upper Stage
development: Provided further, That $592,800,000 shall be
for Exploration Ground Systems, including $48,000,000 for a
second mobile launch platform and associated SLS activities:
Provided further, That the National Aeronautics and Space
Administration (NASA) shall provide to the Committees on
Appropriations of the House of Representatives and the
Senate, concurrent with the annual budget submission, a 5-
year budget profile for an integrated system that includes
the Space Launch System, the Orion Multi-Purpose Crew
Vehicle, and associated ground systems that will ensure an
Exploration Mission-2 crewed launch as early as possible, as
well as a system-based funding profile for a sustained launch
cadence beyond the initial crewed test launch: Provided
further, That $958,000,000 shall be for exploration research
and development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance and
operation of mission and administrative aircraft,
$4,639,100,000, to remain available until September 30, 2020.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $110,000,000, to remain available
until September 30, 2020, of which $21,000,000 shall be for
the Established Program to Stimulate Competitive Research and
$44,000,000 shall be for the National Space Grant College and
Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space
technology, exploration, space operations and education
research and development activities, including research,
development, operations, support, and services; maintenance
and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed
$63,000 for official reception and representation expenses;
and purchase, lease, charter, maintenance, and operation of
mission and administrative aircraft, $2,755,000,000, to
remain available until September 30, 2020.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities
and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of
real property, as authorized by law, and environmental
compliance and restoration, $348,200,000, to remain available
until September 30, 2024: Provided, That proceeds from
leases deposited into this account shall be available for a
period of 5 years to the extent and in amounts as provided in
annual appropriations Acts: Provided further, That such
proceeds referred to in the preceding proviso shall be
available for obligation for fiscal year 2019 in an amount
not to exceed $17,000,000: Provided further, That each
annual budget request shall include an annual estimate of
gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United
States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$39,300,000, of which $500,000 shall remain available until
September 30, 2020.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a
prize is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for
[[Page H1619]]
the National Aeronautics and Space Administration in this Act
may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such
transfers. Balances so transferred shall be merged with and
available for the same purposes and the same time period as
the appropriations to which transferred. Any transfer
pursuant to this provision shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as
a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
The unexpired balances of the ``Education'' account, for
activities for which funds are provided in this Act, may be
transferred to the ``Science, Technology, Engineering, and
Mathematics Engagement'' account established in this Act.
Balances so transferred shall be merged with the funds in the
newly established account, but shall be available under the
same terms, conditions and period of time as previously
appropriated.
Not more than 50 percent of the amounts made available in
this Act for the Lunar Orbital Platform; Advanced Cislunar
and Surface Capabilities; Commercial LEO Development; and
Lunar Discovery and Exploration, excluding the Lunar
Reconnaissance Orbiter, may be obligated until the
Administrator submits a multi-year plan to the Committees on
Appropriations of the House of Representatives and the Senate
that identifies estimated dates, by fiscal year, for Space
Launch System flights to build the Lunar Orbital Platform;
the commencement of partnerships with commercial entities for
additional LEO missions to land humans and rovers on the
Moon; and conducting additional scientific activities on the
Moon. The multi-year plan shall include key milestones to be
met by fiscal year to achieve goals for each of the lunar
programs described in the previous sentence and funding
required by fiscal year to achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public
Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized
by section 3109 of title 5, United States Code; maintenance
and operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,520,000,000, to remain available until September
30, 2020, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and
other National Science Foundation supported research
facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $295,740,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as
authorized by section 3109 of title 5, United States Code,
authorized travel, and rental of conference rooms in the
District of Columbia, $910,000,000, to remain available until
September 30, 2020.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor
vehicles; uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; rental
of conference rooms in the District of Columbia; and
reimbursement of the Department of Homeland Security for
security guard services; $329,540,000: Provided, That not to
exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered
into under this heading in fiscal year 2019 for maintenance
and operation of facilities and for other services to be
provided during the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,370,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$15,350,000, of which $400,000 shall remain available until
September 30, 2020.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science
Foundation in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers. Any transfer
pursuant to this paragraph shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations
Act, 2019''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $10,065,000:
Provided, That none of the funds appropriated in this
paragraph may be used to employ any individuals under
Schedule C of subpart C of part 213 of title 5 of the Code of
Federal Regulations exclusive of one special assistant for
each Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated
in this paragraph shall be used for any activity or expense
that is not explicitly authorized by section 3 of the Civil
Rights Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967,
the Equal Pay Act of 1963, the Americans with Disabilities
Act of 1990, section 501 of the Rehabilitation Act of 1973,
the Civil Rights Act of 1991, the Genetic Information
Nondiscrimination Act (GINA) of 2008 (Public Law 110-233),
the ADA Amendments Act of 2008 (Public Law 110-325), and the
Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2),
including services as authorized by section 3109 of title 5,
United States Code; hire of passenger motor vehicles as
authorized by section 1343(b) of title 31, United States
Code; nonmonetary awards to private citizens; and up to
$29,500,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$379,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $95,000,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$415,000,000, of which $380,500,000 is for basic field
programs and required independent audits; $5,100,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $19,400,000 is for management and grants
oversight; $4,000,000 is for client self-help and information
technology; $4,500,000 is for a Pro Bono Innovation Fund; and
$1,500,000 is for loan repayment assistance: Provided, That
the Legal Services Corporation may continue to provide
locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5,
United States Code, notwithstanding section 1005(d) of the
Legal Services Corporation Act (42 U.S.C. 2996d(d)):
Provided further, That the authorities provided in section
205 of this Act shall be applicable to the Legal Services
Corporation: Provided further, That, for the purposes of
section 505 of this Act, the Legal Services Corporation shall
be considered an agency of the United States Government.
[[Page H1620]]
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2018 and 2019, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,516,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$53,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including
transfers, $15,000,000, to be derived from the Trade
Enforcement Trust Fund: Provided, That any transfer pursuant
to subsection (d)(1) of such section shall be treated as a
reprogramming under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $5,971,000, of which $500,000 shall
remain available until September 30, 2020: Provided, That
not to exceed $2,250 shall be available for official
reception and representation expenses: Provided further,
That, for the purposes of section 505 of this Act, the State
Justice Institute shall be considered an agency of the United
States Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2019, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates or initiates a new
program, project or activity; (2) eliminates a program,
project or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees;
(5) reorganizes or renames offices, programs or activities;
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees; (7) augments
existing programs, projects or activities in excess of
$500,000 or 10 percent, whichever is less, or reduces by 10
percent funding for any program, project or activity, or
numbers of personnel by 10 percent; or (8) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing
programs, projects or activities as approved by Congress;
unless the House and Senate Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a
label bearing a ``Made in America'' inscription, or any
inscription with the same meaning, to any product sold in or
shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in
this Act, pursuant to the debarment, suspension, and
ineligibility procedures described in sections 9.400 through
9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made
available by this Act shall be used to purchase items that
are manufactured, produced, or assembled in the United
States, its territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a quarterly report on the status of balances of
appropriations at the account level. For unobligated,
uncommitted balances and unobligated, committed balances the
quarterly reports shall separately identify the amounts
attributable to each source year of appropriation from which
the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately
identify amounts by the year of obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent,
personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total
budgetary resources available to such department or agency:
Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That for the Department of Commerce, this section
shall also apply to actions taken for the care and protection
of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$3,353,000,000 shall not be available for obligation until
the following fiscal year: Provided, That notwithstanding
section 1402(d) of such Act, of the amounts available from
the Fund for obligation: (1) $10,000,000 shall remain
available until expended to the Department of Justice Office
of Inspector General for oversight and auditing purposes; and
(2) 5 percent shall be available to the Office for Victims of
Crime for grants, consistent with the requirements of the
Victims of Crime Act, to Indian tribes to improve services
for victims of crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation,
and the Legal Services Corporation shall conduct audits,
pursuant to the Inspector General Act (5 U.S.C. App.), of
grants or contracts for which funds are appropriated by this
Act, and shall submit reports to Congress on the progress of
such audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the
results of the audit available to the public on the Internet
website maintained by the Department, Administration,
Foundation, or Corporation, respectively. The results shall
be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a
[[Page H1621]]
subcontract or in any other manner to another person who has
a financial interest in the person awarded the grant or
contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in
such subsections, consistently apply under the executive
branch ethics program to all Federal departments, agencies,
and entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire
a high-impact or moderate-impact information system, as
defined for security categorization in the National Institute
of Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate
Federal entity, conducted an assessment of any risk of cyber-
espionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be
owned, directed, or subsidized by the People's Republic of
China, the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI, that
the acquisition of such system is in the national interest of
the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection
with requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and parts for
such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I, other
than for end use by the Federal Government, or a Provincial
or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified
articles specified in subsection (a) to Canada for end use in
Canada or return to the United States, or temporary import of
Canadian-origin items from Canada for end use in the United
States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines,
upon publication first in the Federal Register, that the
Government of Canada has implemented or maintained inadequate
import controls for the articles specified in subsection (a),
such that a significant diversion of such articles has and
continues to take place for use in international terrorism or
in the escalation of a conflict in another nation. The
President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application
submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified
pursuant to 27 CFR section 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms,
parts, or ammunition.
Sec. 518. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair
Credit Reporting Act; The National Security Act of 1947; USA
PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by
these Acts.
Sec. 520. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent or more, the program manager shall immediately inform
the respective Secretary, Administrator, or Director. The
Secretary, Administrator, or Director shall notify the House
and Senate Committees on Appropriations within 30 days in
writing of such increase, and shall include in such notice:
the date on which such determination was made; a statement of
the reasons for such increases; the action taken and proposed
to be taken to control future cost growth of the project;
changes made in the performance or schedule milestones and
the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new
estimates of the total project or procurement costs; and a
statement validating that the project's management structure
is adequate to control total project or procurement costs.
Sec. 521. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2019 until the enactment of the
Intelligence Authorization Act for fiscal year 2019.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than
September 30, 2019, from the following accounts in the
specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Institute of Standards and Technology,
Industrial Technology Services'', $2,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not
later than September 30, 2019, from the following accounts in
the specified amounts--
(1) ``Working Capital Fund'', $151,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $124,326,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $10,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $16,500,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'',
$674,000,000, is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than
September 1, 2019,
[[Page H1622]]
specifying the amount of each rescission made pursuant to
subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall
not be from amounts that were designated by the Congress as
an emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 524. (a) Any unobligated balances identified in the
following Treasury Appropriation Fund Symbols are hereby
permanently cancelled: 80X0114; 80X0111; 80X0110; and
80X0112.
(b) Upon enactment of this Act:
(1) obligated balances in 80X0114 shall be transferred to
and merged with 80-0130, Construction and Environmental
Compliance and Restoration, and any upward adjustments to
such obligations may be made from 80-0130;
(2) obligated balances in 80X0111 shall be transferred to
and merged with 80-0122, Safety, Security and Mission
Services, 80-0115, Space Flight Capabilities and 80-0130,
Construction and Environmental Compliance and Restoration,
and any upward adjustments to such obligations may be made
from 80-0122, 80-0115 and 80-0130;
(3) obligated balances in 80X0110 shall be transferred to
and merged with 80-0130, Construction and Environmental
Compliance and Restoration, and any upward adjustments to
said obligations may be made from 80-0130; and
(4) obligated balances in 80X0112 shall be transferred to
and merged with 80-0122, Safety, Security and Mission
Services and 80-0130, Construction and Environmental
Compliance and Restoration, and any upward adjustments to
such obligations may be made from 80-0122 and 80-0130.
(c) Following the cancellation of unobligated balances and
transfer of obligated balances in 80X0114, 80X0111, 80X0110
and 80X0112, such accounts shall be closed. Any collections
authorized or required to be credited to these accounts that
are not received before closing of such accounts shall be
deposited in the Treasury as miscellaneous receipts.
Sec. 525. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 526. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who
are stationed in the United States, at any single conference
occurring outside the United States unless such conference is
a law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees
in attendance are law enforcement personnel stationed outside
the United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within
the United States, its territories, or possessions Khalid
Sheikh Mohammed or any other detainee who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department
of Defense.
Sec. 528. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any
individual described in subsection (c) for the purposes of
detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval
Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of
the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of the
Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 529. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the
following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in expired
grant accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department,
agency, or instrumentality and the total finances that have
not been obligated to a specific project remaining in the
accounts.
Sec. 530. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to
develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to
participate, collaborate, or coordinate bilaterally in any
way with China or any Chinese-owned company unless such
activities are specifically authorized by a law enacted after
the date of enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors
at facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national security
or economic security implications to China or a Chinese-owned
company; and
(2) will not involve knowing interactions with officials
who have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of
the activity, its agenda, its major participants, and its
location and timing.
Sec. 531. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to the
proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Sec. 532. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 533. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit
spending plans, signed by the respective department or agency
head, to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date
of enactment of this Act.
Sec. 534. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
Sec. 535. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not
meet the basic requirements of a contract.
Sec. 536. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 537. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida,
Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan,
Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode
Island, South Carolina, Tennessee, Texas, Utah, Vermont,
Virginia, Washington, West Virginia, Wisconsin, and Wyoming,
or with respect to the District of Columbia, the Commonwealth
of the Northern Mariana Islands, Guam, or Puerto Rico, to
prevent any of them from implementing their own laws that
authorize the use, distribution, possession, or cultivation
of medical marijuana.
Sec. 538. The Department of Commerce, the National
Aeronautics and Space Administration, and the National
Science Foundation shall provide a quarterly report to the
Committees on Appropriations of the House of Representatives
and the Senate on any official travel to China by any
employee of such Department or agency, including the purpose
of such travel.
Sec. 539. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the
Public Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated
for assistance in persistent poverty counties: Provided,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
Sec. 540. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2019, if the individual identified
[[Page H1623]]
under subsection (c)(2)(E) of section 30104 of title 51,
United States Code, as responsible for JWST determines that
the formulation and development costs (with development cost
as defined under section 30104 of title 51, United States
Code) are likely to exceed $8,802,700,000, unless the program
is modified so that the costs do not exceed $8,802,700,000.
Sec. 541. None of the funds made available by this Act may
be expended during fiscal year 2019 to prepare for the
shutdown of the Stratospheric Observatory for Infrared
Astronomy.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2019''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$214,576,000: Provided, That of the amount appropriated
under this heading--
(1) not to exceed $700,000 is for official reception and
representation expenses, of which necessary amounts shall be
available for expenses to support activities of the Financial
Action Task Force, and not to exceed $350,000 shall be for
other official reception and representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2020, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $159,000,000: Provided, That of the amounts
appropriated under this heading, up to $10,000,000 shall
remain available until September 30, 2020.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$25,208,000, to remain available until September 30, 2021:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That the Chief
Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury
Chief Information Officer for approval: Provided further,
That the submitted spend plan shall be reviewed and approved
by the Treasury Chief Information Officer prior to the
obligation of funds under this heading: Provided further,
That of the total amount made available under this heading
$1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight
of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $4,000,000, to remain available until September 30,
2021: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $37,044,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2020, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$170,250,000, of which $5,000,000 shall remain available
until September 30, 2020; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $23,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $12,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$117,800,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2021.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $338,280,000; of which not to exceed
$4,210,000, to remain available until September 30, 2021, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $119,600,000; of which not to exceed $6,000
for official reception and representation expenses; and of
which not to exceed $50,000 shall be available for
cooperative research and development programs for laboratory
services; and provision of laboratory assistance to State and
local agencies with or without reimbursement: Provided, That
of the amount appropriated under this heading, $5,000,000
shall be for the costs of accelerating the processing of
formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to
remain available until September 30, 2020, shall be for the
costs associated with enforcement of the trade practice
provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $250,000,000. Of the amount appropriated under
this heading--
(1) not less than $160,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2020, for financial assistance and technical assistance
under subparagraphs (A) and (B) of
[[Page H1624]]
section 108(a)(1), respectively, of Public Law 103-325 (12
U.S.C. 4707(a)(1)(A) and (B)), of which up to $1,600,000 may
be available for training and outreach under section 109 of
Public Law 103-325 (12 U.S.C. 4708), of which up to
$2,527,250 may be used for the cost of direct loans, and of
which up to $3,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may
be available to provide financial assistance, technical
assistance, training, and outreach to community development
financial institutions to expand investments that benefit
individuals with disabilities: Provided, That the cost of
direct and guaranteed loans, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$25,000,000;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2020, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September
30, 2020, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2020, for
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose
of offering affordable financing and technical assistance to
expand the availability of healthy food options in distressed
communities;
(5) up to $27,000,000 is available until September 30,
2019, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(6) during fiscal year 2019, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2019: Provided further, That of the funds awarded under this
heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further, That for the
purposes of this paragraph and paragraph (1) above, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2011-2015 5-year data series available from
the American Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,491,554,000, of which not less than $9,890,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $12,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $18,000,000,
to remain available until September 30, 2020, shall be
available for a Community Volunteer Income Tax Assistance
matching grants program for tax return preparation
assistance, and of which not less than $207,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,500,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2020,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,724,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2020; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2021, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2020, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $150,000,000, to
remain available until September 30, 2021, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments, including the purposes and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5
percent of any other appropriation made available in this Act
to the Internal Revenue Service, may be transferred to any
other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
[[Page H1625]]
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no
funds in this or any other Act shall be available to the
Secretary of the Treasury to provide to any person a proposed
final return or statement for use by such person to satisfy a
filing or reporting requirement under such Code.
Sec. 112. In addition to the amounts otherwise made
available in this Act for the Internal Revenue Service,
$77,000,000, to be available until September 30, 2020, shall
be transferred by the Commissioner to the ``Taxpayer
Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional
amount to be used solely for carrying out Public Law 115-97:
Provided, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco
Tax and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may
increase or decrease any such appropriation by more than 2
percent.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2019
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 123. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 124. During fiscal year 2019--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 126. Amounts made available under the heading
``Office of Terrorism and Financial Intelligence'' shall be
available to reimburse the ``Departmental Offices--Salaries
and Expenses'' account for expenses incurred in such account
for reception and representation expenses to support
activities of the Financial Action Task Force.
Sec. 127. Beginning in fiscal year 2019 and for each
fiscal year thereafter, amounts in the Bureau of Engraving
and Printing Fund may be used for the acquisition of
necessary land for, and construction of, a replacement
currency production facility.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an
[[Page H1626]]
amount equal to the estimated cost of the event, and all such
advance payments shall be credited to this account and remain
available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $12,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$100,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $102,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That of the funds made available for the
Office of Management and Budget by this Act, no less than
three full-time equivalent senior staff position shall be
dedicated solely to the Office of the Intellectual Property
Enforcement Coordinator: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly
or indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That the Office of Management and Budget shall have
not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
In addition, $1,000,000 for the Office of Information and
Regulatory Affairs to hire additional personnel dedicated to
regulatory review and reforms: Provided, That these amounts
shall be in addition to any other amounts available for such
purpose: Provided further, That these funds may not be used
to backfill vacancies.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $280,000,000, to remain available until September
30, 2020, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the
requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2017 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2018, shall be funded at not less than
the fiscal year 2018 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2019 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $118,327,000, to remain available until
expended, which shall be available as follows: $100,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469; and
$3,000,000, to remain available until expended, shall be for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2020.
[[Page H1627]]
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $28,500,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2019, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2019; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2019.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2019 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2019''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $84,703,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,999,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,016,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $18,882,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,144,383,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $8,475,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,150,450,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $49,750,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $607,110,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $92,413,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which
$1,800,000 shall remain available through September 30, 2020,
to provide
[[Page H1628]]
education and training to Federal court personnel; and of
which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,953,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``27 years and 6 months'' and inserting
``28 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``24 years and 6 months'' and inserting
``25 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``25 years and 6 months''
and inserting ``26 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``16 years'' and
inserting ``17 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``15 years and 6
months'' and inserting ``16 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``14 years'' and inserting
``15 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2019''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $40,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $12,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $258,394,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,594,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $124,400,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $74,400,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $45,000,000, to remain available
until September 30, 2020, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That, in addition to the amounts
appropriated herein, fees received by the District of
Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be
retained and credited to this appropriation, to remain
available until expended, for salaries and expenses
associated with such activities, notwithstanding section 450
of the District of Columbia Home Rule Act (D.C. Official
Code, sec. 1-204.50): Provided further, That notwithstanding
any other provision of law, all amounts under this heading
shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as
funds appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading ``Federal Payment to the
District of Columbia Courts,'' to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided
under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of
Columbia: Provided further, That, notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the
[[Page H1629]]
National Capital Revitalization and Self-Government
Improvement Act of 1997, $256,724,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs, and of which not to exceed $25,000 is for dues and
assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate
Supervision Act of 2002: Provided, That, of the funds
appropriated under this heading, $183,166,000 shall be for
necessary expenses of Community Supervision and Sex Offender
Registration, to include expenses relating to the supervision
of adults subject to protection orders or the provision of
services for or related to such persons, of which $5,919,000
shall remain available until September 30, 2021 for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That, of the funds appropriated under this
heading, $73,558,000 shall be available to the Pretrial
Services Agency, of which $7,304,000 shall remain available
until September 30, 2021 for costs associated with relocation
under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That
notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for salaries and expenses of
other Federal agencies: Provided further, That amounts under
this heading may be used for programmatic incentives for
defendants to successfully complete their terms of
supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$45,858,000, of which $4,471,000 shall remain available until
September 30, 2021 for costs associated with relocation under
a replacement lease for headquarters offices, field offices,
and related facilities: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2020, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the
Scholarships for Opportunity and Results Act (division C of
Public Law 112-10): Provided, That, to the extent that funds
are available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$3,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``part a--summary of
expenses'' and at the rate set forth under such heading, as
included in the Fiscal Year 2019 Budget Request Act of 2018
submitted to Congress by the District of Columbia, as amended
as of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home
Rule Act (section 1-204.50a, D.C. Official Code), sections
816 and 817 of the Financial Services and General Government
Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02, D.C.
Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2019 under this heading
shall not exceed the estimates included in the Fiscal Year
2019 Budget Request Act of 2018 submitted to Congress by the
District of Columbia, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District
of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act:
Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made
available to the District during fiscal year 2019, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2019''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2020, of
which not to exceed $1,000 is for official reception and
representation expenses.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $268,000,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $50,000,000, to remain available until
September 30, 2020, shall be for the purchase of information
technology and of which not less than $3,000,000 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $127,000,000, of which
$800,000 shall remain available until expended to carry out
the program, including administrative costs, required by
section 1405 of the Virginia Graeme Baker Pool and Spa Safety
Act (Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
[[Page H1630]]
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $9,200,000, of which
$1,250,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$339,000,000, to remain available until expended: Provided,
That $339,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2019 so as to result in a final fiscal year 2019
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,000,000 in
fiscal year 2019 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2018, shall not be available for obligation:
Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $130,284,000 for fiscal year 2019: Provided
further, That, of the amount appropriated under this heading,
not less than $11,064,000 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provision--federal communications commission
Sec. 510. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $42,982,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$309,700,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $136,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $17,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more
than $156,700,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,285,082,000,
of which--
(1) $958,900,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $767,900,000 shall be for the Department of
Transportation Lease Purchase Option, Washington, District of
Columbia;
(B) $191,000,000 shall be for the Calexico West Land Port
of Entry, Calexico, California:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $663,219,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $276,837,000 is for Major Repairs and Alterations;
(B) $356,382,000 is for Basic Repairs and Alterations; and
(C) $30,000,000 is for Special Emphasis Programs for Fire
and Life Safety:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,418,845,000 for rental of space to remain available
until expended; and
(4) $2,244,118,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each
[[Page H1631]]
project for required expenses for the development of a
proposed prospectus: Provided further, That funds available
in the Federal Buildings Fund may be expended for emergency
repairs when advance approval is obtained from the Committees
on Appropriations: Provided further, That amounts necessary
to provide reimbursable special services to other agencies
under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2019, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $60,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; $22,550,000 is for the
Office of the Administrator, of which not to exceed $7,500 is
for official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2019 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That the transfer authorities provided herein shall
be in addition to any other transfer authority provided in
this Act.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to
remain available until expended, for technology-related
modernization activities.
asset proceeds and space management fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $25,000,000,
to be deposited into the Asset Proceeds and Space Management
Fund, to remain available until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $6,070,000, to remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2019 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2020 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of
Revenue, claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Sec. 527. The Administrator of General Services shall
submit a report to the Committees on Appropriations of the
Senate and House of Representatives not later than 30 days
following implementation of the initiative established under
(c)(2) of Section 846 of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901
note) containing a market analysis and an implementation
strategy related to the requirements under subparagraph (h)
of Section 846. The report shall address strategies and
processes for proper government safeguards to data management
and privacy for incorporation into the implementation of
Section 846 to ensure a competitive environment.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2020, and in addition
not to exceed $2,345,000, to remain available until September
30, 2020, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,875,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to
[[Page H1632]]
$50,000 shall be used to conduct financial audits pursuant to
the Accountability of Tax Dollars Act of 2002 (Public Law
107-289); and (2) up to $1,000,000 shall be available to
carry out the activities authorized by section 6(7) of Public
Law 102-259 and section 817(a) of Public Law 106-568 (20
U.S.C. 5604(7)): Provided, That of the total amount made
available under this heading $200,000 shall be transferred to
the Office of Inspector General of the Department of the
Interior, to remain available until expended, for audits and
investigations of the Morris K. Udall and Stewart L. Udall
Foundation, consistent with the Inspector General Act of 1978
(5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$373,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $6,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2020, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $17,019,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $132,172,000: Provided, That of the total amount made
available under this heading, not to exceed $14,000,000 shall
remain available until September 30, 2020, for information
technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and
shall be in addition to funds otherwise made available for
such purposes: Provided further, That of the total amount
made available under this heading, $639,018 may be made
available for strengthening the capacity and capabilities of
the acquisition workforce (as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et
seq.)), including the recruitment, hiring, training, and
retention of such workforce and information technology in
support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and
in addition $133,483,000 for administrative expenses, to be
transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2019,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,265,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435), $15,200,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $5,000,000, to remain available until
September 30, 2020.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,674,902,000, to remain available until expended; of which
not less than $15,206,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
and of which not less than $75,081,000 shall be for the
Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities, not to
exceed $37,189,000, to remain available until expended:
Provided, That for purposes of calculating the fee rate under
section 31(j) of the Securities Exchange Act of 1934 (15
U.S.C. 78ee(j)) for fiscal year 2019, all amounts
appropriated under this heading shall be deemed to be the
regular appropriation to the Commission for fiscal year 2019:
Provided further, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed
$1,674,902,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account and not to exceed $37,189,000 of such offsetting
collections shall be available until expended for costs under
this heading associated with relocation under a replacement
lease for the Commission's New York regional office
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2019 shall be reduced as such offsetting fees
[[Page H1633]]
are received so as to result in a final total fiscal year
2019 appropriation from the general fund estimated at not
more than $0: Provided further, That if any amount of the
appropriation for costs associated with relocation under a
replacement lease for the Commission's New York regional
office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general
fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such
purpose shall be paid to each national securities exchange
and national securities association, respectively, in
proportion to any fees or assessments paid by such national
securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $267,500,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2019: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2020: Provided
further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $247,700,000,
to remain available until September 30, 2020: Provided, That
$131,000,000 shall be available to fund grants for
performance in fiscal year 2019 or fiscal year 2020 as
authorized by section 21 of the Small Business Act: Provided
further, That $31,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $18,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2019
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2019 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed
$30,000,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2019 commitments for loans authorized under subparagraph (C)
of section 502(7) of The Small Business Investment Act of
1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2019 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year
2019, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $12,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan
programs, $155,150,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$10,000,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the
Small Business Administration for audits and reviews of
disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the
Office of Inspector General; and of which $9,000,000 is for
indirect administrative expenses for the direct loan program,
which may be transferred to and merged with the
appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. Of the unobligated balances from prior year
appropriations available under the ``Business Loans Program
Account'' heading for the Certified Development Company
Program, $50,000,000 are hereby permanently rescinded:
Provided, That no amounts may be rescinded under this section
from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 532. Section 12085 of Public Law 110-246 is repealed.
Sec. 533. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses''
and ``Business Loans Program Account'' may be transferred to
the Administration's information technology system
modernization and working capital fund (IT WCF), as
authorized by section 1077(b)(1) of title X of division A of
the National Defense Authorization Act for Fiscal Year 2018,
for the purposes specified in section 1077(b)(3) of such Act,
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That amounts transferred to the IT WCF under this section
shall remain available for obligation through September 30,
2022.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$55,235,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available to the Postal Service
by this Act shall be used to implement any rule, regulation,
or policy of charging any officer or employee of any State or
local child support enforcement agency, or any individual
participating in a State or local program of child support
enforcement, a fee for information requested or provided
concerning an address of a postal customer: Provided
further, That none of the funds provided in this Act shall be
used to consolidate or close small rural and other small post
offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $250,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,515,000,
of which $500,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5
[[Page H1634]]
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for
public inspection, except where otherwise provided under
existing law, or under existing Executive order issued
pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2019, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees
on Appropriations of the House of Representatives and the
Senate: Provided further, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the House of Representatives and the Senate to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from
appropriations made available for salaries and expenses for
fiscal year 2019 in this Act, shall remain available through
September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. In addition to amounts made available in prior
fiscal years, the Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an
aggregate amount not exceeding the amount of funds collected
by the Board between January 1, 2018 and December 31, 2018,
including accrued interest, as a result of the assessment of
monetary penalties. Funds available for obligation in fiscal
year 2019 shall remain available until expended. Beginning in
fiscal year 2020 and for each fiscal year thereafter,
monetary penalties collected pursuant to 15 U.S.C. 7215 shall
be deposited in the Public Company Accounting Oversight Board
account as discretionary offsetting receipts.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on
[[Page H1635]]
Food Marketed to Children complies with Executive Order No.
13563.
Sec. 622. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 623. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 624. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 625. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 626. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 627. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 628. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 629. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 630. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the FAR.
Sec. 631. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission of more than $500,000
at any single conference unless the agency or entity
determines that such attendance is in the national interest
and advance notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate
that includes the basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in
the national interest and advance notice is transmitted to
the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of
that determination.
Sec. 632. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 633. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $2,000,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund (Fund)
established pursuant to Section 11(c)(3)(B) of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended: Provided,
That these amounts shall be in addition to any amounts or any
authority available to the Council of the Inspectors General
on Integrity and Efficiency under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2019 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal
[[Page H1636]]
year for necessary expenses, including maintenance or
operating expenses, shall also be available for payment to
the General Services Administration for charges for space and
services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements
performed in accordance with the Public Buildings Act of 1959
(73 Stat. 479), the Public Buildings Amendments of 1972 (86
Stat. 216), or other applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department,
agency, or other instrumentality employing such schedule C
individual certifies to the Director of the Office of
Personnel Management that the schedule C position occupied by
the individual was not created solely or primarily in order
to detail the individual to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31
[[Page H1637]]
U.S.C. 1120, and not to exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided
further, That the funds transferred to or for reimbursement
of ``General Services Administration, Government-wide
Policy'' during fiscal year 2019 shall remain available for
obligation through September 30, 2020: Provided further,
That such transfers or reimbursements may only be made after
15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2019,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2019, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
[[Page H1638]]
(B) during the period consisting of the remainder of fiscal
year 2019, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2019 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2019 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2018,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2018,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2018.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2018.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2019 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2019 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal
[[Page H1639]]
violation under any Federal law within the preceding 24
months, where the awarding agency is aware of the conviction,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 746. (a) During fiscal year 2019, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 747. If, for fiscal year 2019, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2019 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 748. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2019 under section 5303 of title 5, United
States Code, shall be an increase of 1.4 percent, and the
overall average percentage of the adjustments taking effect
in such fiscal year under sections 5304 and 5304a of such
title 5 shall be an increase of 0.5 percent (with
comparability payments to be determined and allocated among
pay localities by the President). All adjustments under this
subsection shall be effective as of the first day of the
first applicable pay period beginning on or after January 1,
2019.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates
of basic pay are adjusted pursuant to the statutory pay
systems under section 5303, 5304, and 5304a of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303, 5304, and 5304a of such title 5 and
prevailing rate employees described in section 5343(a)(5) of
such title 5 shall be considered to be located in the pay
locality designated as ``Rest of U.S.'' pursuant to section
5304 of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2019.
Sec. 749. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2019 shall
be 1.9 percent above the rate payable to the Vice President
on December 31, 2018, as limited under section 738 of
division E of the Consolidated Appropriations Act, 2018
(Public Law 115-141).
(b) Notwithstanding the official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate for an employee serving in
an Executive Schedule position, or in a position for which
the rate of pay is fixed by statute at an Executive Schedule
rate, shall be increased by 1.9 percent (relative to the
preexisting rate actually payable) at the time the official
rate is adjusted in January 2019. Such an employee may
receive no other pay increase during calendar year 2019,
except as provided in subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above the official rate for
level IV of the Executive Schedule; or
(B) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above the
official rate for level IV of the Executive Schedule.
(2) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, an employee described in paragraph (1)
who is serving at the time official rates of the Executive
Schedule are adjusted may receive a single increase in the
employee's pay rate of no more than 1.9 percent during
calendar year 2019, subject to the normally applicable pay
rules and pay limitations in effect on December 31, 2013,
after those pay limitations are increased by 1.9 percent
(after applicable rounding). Such an employee may receive no
other pay increase during calendar year 2019, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States
Code, or similar authority) at or above the official rate for
level IV of the Executive Schedule who serves under a
political appointment, and who is serving at the time
official rates of the Executive Schedule are adjusted, may
receive a single increase in the employee's pay rate of no
more than 1.9 percent during calendar year 2019, subject to
the normally applicable pay rules and pay limitations in
effect on December 31, 2013, after those pay limitations are
increased by 1.9 percent (after applicable rounding). Such an
employee may receive no other pay increase during calendar
year 2019, except as provided in subsection (i). This
subsection does not apply to employees in the General
Schedule pay system or the Foreign Service pay system, to
employees appointed under section 3161 of title 5, United
States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51
of title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay
under section 3392(c) of title 5, United States Code, for
such time as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980
(Public Law 96-465) for such time as that election is in
effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position only if that new position has higher-level duties
and a pre-established level or range of pay higher than the
level or range for the position held immediately before the
movement. Any such increase must be based on the rates of pay
and applicable pay limitations in effect on December 31,
2013, after those rates and pay limitations are increased by
1.9 percent (after applicable rounding).
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013,
after those rates and pay limitations are increased by 1.9
percent (after applicable rounding).
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2019 but
ends in calendar year 2020, the bar on the employee's receipt
of pay rate increases shall apply through the end of that pay
period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2019.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2019, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2019.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of
[[Page H1640]]
Columbia with an official vehicle unless the officer or
employee uses the vehicle only in the performance of the
officer's or employee's official duties. For purposes of this
section, the term ``official duties'' does not include travel
between the officer's or employee's residence and workplace,
except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2019 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2019
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2019 in this Act, shall
remain available through September 30, 2020, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2020 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2020 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2020 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2020.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2020 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2020 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Section 3(c)(2)(G) of the District of Columbia
College Access Act of 1999 (Public Law 106-98; sec. 38-
2702(c)(2)(G), D.C. Official Code) is amended--
(1) in clause (i), by striking ``and'' after ``$1,000,000''
and inserting a semicolon;
(2) in clause (ii)--
(A) by inserting ``but before school year 2019-2020'' after
``in or after school year 2016-2017''; and
(B) by striking the period at the end and inserting ``;
and''; and
(3) by adding at the end the following:
``(iii) For individuals who begin an undergraduate course
of study in or after school year 2019-2020, is from a family
with a taxable annual income of less than $500,000. Beginning
with school year 2020-2021, the Mayor shall adjust the amount
in the previous sentence for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.''.
Sec. 818. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2019''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management,
[[Page H1641]]
including the general administration of the Bureau, and
assessment of mineral potential of public lands pursuant to
section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,198,000,000, to remain available until expended, including
all such amounts as are collected from permit processing
fees, as authorized but made subject to future appropriation
by section 35(d)(3)(A)(i) of the Mineral Leasing Act (30
U.S.C. 191), except that amounts from permit processing fees
may be used for any bureau-related expenses associated with
the processing of oil and gas applications for permits to
drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2019, so as to result in a final appropriation estimated at
not more than $1,198,000,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $28,316,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $1,800,000 is hereby permanently rescinded
from previously appropriated emergencies, hardships, and
inholdings funding: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,985,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law
90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,292,078,000, to remain available until
September 30, 2020: Provided, That not to exceed $18,318,000
shall be used for implementing subsections (a), (b), (c), and
(e) of section 4 of the Endangered Species Act of 1973 (16
U.S.C. 1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
(including rescission of funds)
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $55,613,000, to remain available until
expended.
Of the unobligated balances available for Construction,
$1,500,000 is permanently rescinded, including $300,000 of
unobligated balances available for Construction under Public
Law 111-8: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the
Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $65,189,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended, of which, notwithstanding
section 200306 of title 54, United States Code, not more than
$20,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses:
Provided, That none of the funds appropriated for specific
land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $53,495,000,
to remain available until expended, of which $22,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
Of the unobligated balances made available from the
Cooperative Endangered Species Conservation Fund, $7,500,000
is permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $42,000,000, to remain available until expended.
[[Page H1642]]
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,561,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $64,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2019 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2020, shall be reapportioned, together with funds
appropriated in 2021, in the manner provided herein.
administrative provisions
(including rescission of funds)
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
Of the unobligated balances available for grants under
Public Law 109-58, title III, subtitle G, section 384,
$15,000,000 is permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,502,711,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $135,980,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $151,575,000 for cyclic maintenance
projects for constructed assets and cultural resources shall
remain available until September 30, 2020: Provided, That
funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348:
Provided further, That notwithstanding section 9(a) of the
United States Semiquincentennial Commission Act of 2016
(Public Law 114-196; 130 Stat. 691), $500,000 of the funds
made available under this heading shall be provided to the
organization selected under section 9(b) of that Act for
expenditure by the United States Semiquincentennial
Commission in accordance with that Act.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $64,138,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $102,660,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2020, of which $13,000,000 shall be for
Save America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of
2009 (54 U.S.C. 3089): Provided, That an individual Save
America's Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant: Provided further, That all
projects to be funded shall be approved by the Secretary of
the Interior in consultation with the House and Senate
Committees on Appropriations: Provided further, That of the
funds provided for the Historic Preservation Fund, $750,000
is for competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary,
$14,500,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $8,000,000 is for
grants to Historically Black Colleges and Universities, and
$5,000,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code, to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$364,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2019 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope of effort for projects funded by the National
Park Service Construction appropriation: Provided further,
That the Secretary of the Interior shall consult with the
Committees on Appropriations, in accordance with current
reprogramming thresholds, prior to making any charges
authorized by this section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $168,444,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $124,006,000 is for the State
assistance program and of which $10,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $20,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
[[Page H1643]]
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,160,596,000, to
remain available until September 30, 2020; of which
$84,337,000 shall remain available until expended for
satellite operations; and of which $15,164,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way and agreements for use for
oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for
environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or
cooperative agreements, $179,266,000, of which $129,450,000
is to remain available until September 30, 2020, and of which
$49,816,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts
collected by the Secretary and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided
further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as
to result in a final fiscal year 2019 appropriation estimated
at not more than $129,450,000: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $145,475,000, of which
$121,351,000 is to remain available until September 30, 2020,
and of which $24,124,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2019 appropriation estimated at not more than
$121,351,000.
For an additional amount, $41,765,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2019, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $41,765,000, the amounts realized in excess of
$41,765,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2019, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $115,804,000, to remain available until September
30, 2020: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training: Provided further, That of
the amounts made available under this heading and
notwithstanding the Federal share limits contained in section
705 of the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1295), not to exceed $2,300,000 shall be for the
Secretary of the Interior to make grants to any State with
active coal mine operations within its borders that does not
have an approved State regulatory program under section 503
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1253) for the purpose of developing a State program
under such Act.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2019
appropriation estimated at not more than $115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,672,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes
[[Page H1644]]
and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts provided under this
heading may be used for the travel and per diem expenses of
State and tribal personnel attending Office of Surface Mining
Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions in the joint explanatory statement accompanying
this Act: Provided, That such additional amount shall be
used for economic and community development in conjunction
with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)):
Provided further, That of such additional amount, $75,000,000
shall be distributed in equal amounts to the 3 Appalachian
States with the greatest amount of unfunded needs to meet the
priorities described in paragraphs (1) and (2) of such
section, $30,000,000 shall be distributed in equal amounts to
the 3 Appalachian States with the subsequent greatest amount
of unfunded needs to meet such priorities, and $10,000,000
shall be for grants to federally recognized Indian Tribes
without regard to their status as certified or uncertified
under the Surface Mining Control and Reclamation Act of 1977
(30 U.S.C. 1233(a)), for reclamation of abandoned mine lands
and other related activities in accordance with the terms and
conditions in the joint explanatory statement accompanying
this Act and shall be used for economic and community
development in conjunction with the priorities in section
403(a) of the Surface Mining Control and Reclamation Act of
1977: Provided further, That such additional amount shall be
allocated to States and Indian Tribes within 60 days after
the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,414,577,000, to remain available
until September 30, 2020, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$76,000,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $683,572,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2019, and shall
remain available until September 30, 2020: Provided further,
That not to exceed $55,174,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$82,935,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2019: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2020, may be transferred during fiscal year
2021 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2021: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel: Provided further, That the Bureau
of Indian Affairs may accept transfers of funds from U.S.
Customs and Border Protection to supplement any other funding
available for reconstruction or repair of roads owned by the
Bureau of Indian Affairs as identified on the National Tribal
Transportation Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2019, such sums
as may be necessary, which shall be available for obligation
through September 30, 2020: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $358,719,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable basis: Provided further, That for
fiscal year 2019, in implementing new construction,
replacement facilities construction, or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297,
the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance
Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided
further, That such grants shall not be subject to section
12.61 of title 43, Code of Federal Regulations; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further,
That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring
that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by section 1125(b) of title XI
of Public Law 95-561 (25 U.S.C. 2005(b)), with respect to
organizational and financial management capabilities:
Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements
contained in section 5206(f) of Public Law 100-297 (25 U.S.C.
2504(f)): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in section 5208(e) of Public Law
107-110 (25 U.S.C. 2507(e)): Provided further, That in order
to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds
related to the project, if, within 18 months of the date of
enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation:
Provided further, That of the funds made available under
this heading, $10,000,000 shall be derived from the Indian
Irrigation Fund established by section 3211 of the WIIN Act
(Public Law 114-322; 130 Stat. 1749): Provided further, That
for funds appropriated under this heading, the date specified
in section 3216 of Public Law 114-322 shall be applied as
substituting ``September 30, 2028'' for ``September 30,
2021''.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $50,057,000, to remain
available until expended: Provided, That the Secretary shall
make payments in such amounts as necessary to satisfy the
total authorized amount for the Navajo Nation Water Rights
Trust Fund.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$10,779,000, of which $1,455,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed or insured, not to
exceed $174,616,164.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian
[[Page H1645]]
Education, other than the amounts provided herein for
assistance to public schools under 25 U.S.C. 452 et seq.,
shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $124,673,000, to remain available until
September 30, 2020; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $9,000,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended;
and of which $9,704,000 for Indian land, mineral, and
resource valuation activities shall remain available until
expended: Provided, That funds for Indian land, mineral, and
resource valuation activities may, as needed, be transferred
to and merged with the Bureau of Indian Affairs and Bureau of
Indian Education ``Operation of Indian Programs'' account and
the Office of the Special Trustee for American Indians
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2019, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That of the amounts made available under
this heading, $400,000 shall be made available to the
commission established by section 3(a) of the Alyce Spotted
Bear and Walter Soboleff Commission on Native Children Act
(Public Law 114-244; 130 Stat. 981).
administrative provisions
For fiscal year 2019, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $100,688,000, of which: (1) $91,240,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands , as authorized by law (Public Law
94-241; 90 Stat. 272); and (2) $9,448,000 shall be available
until September 30, 2020, for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,413,000, to remain
available until expended, as provided for in sections
221(a)(2) and 233 of the Compact of Free Association for the
Republic of Palau; and section 221(a)(2) of the Compacts of
Free Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,674,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$52,486,000.
[[Page H1646]]
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,540,000, to remain available until expended, of
which not to exceed $19,016,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2019, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided
further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the
American Indian Trust Fund Management Reform Act of 1994
(Public Law 103-412) or any other provision of law, the
Secretary may aggregate the trust accounts of individuals
whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate
periodic statements of performance for the individual
accounts: Provided further, That with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts,
including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $941,211,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That of the funds provided
$189,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for fire
facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $7,767,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $55,735,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to
State, local and tribal government employees for training
services provided by the National Indian Program Training
Center, other than training related to Public Law 93-638:
Provided further, That the Secretary may lease or otherwise
provide space and related facilities, equipment or
professional services of the National Indian Program Training
Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of
title 40, United States Code) at the prevailing rate for
similar space, facilities, equipment, or services in the
vicinity of the National Indian Program Training Center:
Provided further, That all funds received pursuant to the two
preceding provisos shall be credited to this account, shall
be available until expended, and shall be used by the
Secretary for necessary expenses of the National Indian
Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection
and disbursement of royalties, fees, and other mineral
revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,505,000, to remain available until
September 30, 2020; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
[[Page H1647]]
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2019. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2019, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2019 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2019. Fees for fiscal
year 2019 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only in conformance with the
reprogramming guidelines described in the joint explanatory
statement accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law,
during fiscal year 2019, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of
[[Page H1648]]
Labor under title V of the Older Americans Act of 1965 to
utilize the talents of older Americans in programs authorized
by other provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
contribution authority
Sec. 114. Section 113 of Division G of Public Law 113-76
is amended by striking ``2019,'' and inserting ``2024,''.
indiana dunes national lakeshore retitled; paul h. douglas trail
redesignation
Sec. 115. (a) Indiana Dunes National Lake Shore Retitled.--
(1) In general.--Public Law 89-761 (16 U.S.C. 460u et seq.)
is amended--
(A) by striking ``National Lakeshore'' and ``national
lakeshore'' each place it appears and inserting ``National
Park''; and
(B) by striking ``lakeshore'' each place it appears and
inserting ``Park''.
(2) Nonapplication.--The amendment made by subsection
(a)(1) shall not apply to--
(A) the title of the map referred to in the first section
of Public Law 89-761 (16 U.S.C. 460u); and
(B) the title of the maps referred to in section 4 of
Public Law 89-761 (16 U.S.C. 460u-3).
(b) Paul H. Douglas Trail Redesignation.--The 1.6 mile
trail within the Indiana Dunes National Park designated the
``Miller-Woods Trail'' is hereby redesignated as the ``Paul
H. Douglas Trail''.
payments in lieu of taxes (pilt)
Sec. 116. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2018'' and inserting
``fiscal year 2019''.
technical correction
Sec. 117. Division II of Public Law 104-333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law
114-113, is amended in each of sections 208, 310, and 607, by
striking ``2017'' and inserting ``2019''.
designation of peter b. webster iii memorial area
Sec. 118. (a)(1) The rest area bound by Alexandria Avenue,
West Boulevard Drive, and the George Washington Memorial
Parkway on the Mount Vernon Trail within the George
Washington Memorial Parkway is designated as the ``Peter B.
Webster III Memorial Area''.
(2) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the rest area
described in paragraph (1) shall be deemed to be a reference
to the ``Peter B. Webster III Memorial Area''.
(b)(1) A plaque honoring Peter B. Webster III may be
installed at the Peter B. Webster III Memorial Area on a
signpost, bench, or other appropriate structure, on the
condition that the Director of the National Park Service
shall approve the design and placement of the plaque.
(2) No Federal funds may be used to design, procure,
prepare, or install the plaque authorized under paragraph
(1).
(3) The Secretary of the Interior may accept and expend
private contributions for the design, procurement,
preparation, and installation of the plaque authorized under
paragraph (1).
obligation of funds
Sec. 119. Amounts appropriated by this Act to the
Department of the Interior shall be available for obligation
and expenditure not later than 60 days after the date of
enactment of this Act.
sage-grouse
Sec. 120. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$717,723,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as
specified in the joint explanatory statement accompanying
this Act: Provided further, That of the unobligated balances
from appropriations made available under this heading,
$11,250,000 are permanently rescinded: Provided further,
That no amounts may be rescinded pursuant to the preceding
proviso from amounts made available in the first proviso for
Research: National Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $9,000 for
official reception and representation expenses,
$2,658,200,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$15,000,000 shall be for Environmental Protection: National
Priorities as specified in the joint explanatory statement
accompanying this Act: Provided further, That of the funds
included under this heading, $456,958,000 shall be for
Geographic Programs specified in the joint explanatory
statement accompanying this Act: Provided further, That of
the unobligated balances from appropriations made available
under this heading, $60,201,000 are permanently rescinded:
Provided further, That no amounts may be rescinded pursuant
to the preceding proviso from amounts made available in the
first proviso for Environmental Protection: National
Priorities, from amounts made available in the second proviso
for Geographic Programs, or from the National Estuary Program
(33 U.S.C. 1330).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2019 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2019 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount
in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2019, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by
such section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2019, which
shall remain available until expended and be used for
necessary expenses in this appropriation, so as to result in
a final fiscal year 2019 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent such offsetting collections received in fiscal year
2019 exceed $8,000,000, those excess amounts shall remain
available until expended and be used for necessary expenses
in this appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,489,000, to remain available until September 30,
2020.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,467,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,091,947,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2018, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal agencies in accordance with
section 111(a) of CERCLA: Provided further, That of the
funds appropriated under this heading, $8,778,000 shall be
paid to the ``Office of Inspector General'' appropriation to
remain available until September 30, 2020, and $15,496,000
shall be paid to the ``Science and Technology'' appropriation
to remain available until September 30, 2020.
[[Page H1649]]
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,941,000, to remain
available until expended, of which $66,572,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,605,041,000, to remain
available until expended, of which--
(1) $1,394,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$864,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2019, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2019, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2019 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2019, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2019, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2019, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2019, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2019, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2019, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2019,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 20 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $15,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $25,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $87,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes of this section, the term ``persistent
poverty counties'' means any county that has had 20 percent
or more of its population living in poverty over the past 30
years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates;
(5) $87,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $52,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the joint
explanatory statement accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322); and
(8) $1,077,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
[[Page H1650]]
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs; $11,000,000 shall
be for multipurpose grants, including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to
exceed $610,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2020.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2019.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2019, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2019 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $139,078,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were made
available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through
September 30, 2022: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
and conducting an international program as authorized,
$336,990,000, to remain available through September 30, 2022,
as authorized by law; of which $63,990,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $1,503,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects that had funds returned: Provided, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,938,000,000, to remain available through September 30,
2022: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of
the funds provided, $368,000,000 shall be for forest
products: Provided further, That of the funds provided,
$435,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to
make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts
or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for
grazing on a National Grassland, may provide a credit of up
to 50 percent of the calculated fee to a Grazing Association
or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost
of the conservation practice is incurred. And, that the
amount credited shall remain available to the Grazing
Association or the direct permittee, as appropriate, in the
fiscal year in which the credit is made and each fiscal year
thereafter for use on the project for conservation practices
approved by the Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $446,000,000, to remain available through
September 30, 2022, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by
[[Page H1651]]
the Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2019 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $72,564,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2022, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2022, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2022, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2022.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $3,004,986,000, to remain available
through September 30, 2022: Provided, That such funds
including unobligated balances under this heading, are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided
further, That any unobligated funds appropriated in a
previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account:
Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided
further, That funds designated for wildfire suppression,
shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain
available through September 30, 2022: Provided, That none of
the funds transferred pursuant to this section shall be
available for obligation without written notification to and
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That this section
does not apply to funds derived from the Land and Water
Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture Organic Act of 1944
(7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C.
7772), or section 10417(b) of Public Law 107-171 (7 U.S.C.
8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the joint explanatory
statement accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
[[Page H1652]]
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,103,190,000, to
remain available until September 30, 2020, except as
otherwise provided herein, together with payments received
during the fiscal year pursuant to sections 231(b) and 233 of
the Public Health Service Act (42 U.S.C. 238(b), 238b), for
services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements
or compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$964,819,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $44,000,000 shall
remain available until expended for implementation of the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That of the funds
provided, $36,000,000 shall remain available until expended
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach
of contracts shall be deposited to the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that Act (25 U.S.C. 1616a-1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and
Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for aftercare pilot
programs at Youth Regional Treatment Centers, to improve
collections from public and private insurance at Indian
Health Service and tribally operated facilities, and for
accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual
contracts and grants for which the performance period falls
within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, and from tribes and
tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary
for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund
and may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That the accreditation emergency funds may be used,
as needed, to carry out activities typically funded under the
Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2019, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $878,806,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further,
That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended
[[Page H1653]]
health care at all tribally administered or Indian Health
Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V
of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and
such request has been included in an appropriations Act and
enacted into law: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on
a reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
remain available until expended: Provided further, That
reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or
technical assistance: Provided further, That the Indian
Health Service may provide to civilian medical personnel
serving in hospitals operated by the Indian Health Service
housing allowances equivalent to those that would be provided
to members of the Commissioned Corps of the United States
Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $74,691,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2019,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $2,994,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $12,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,750,000, to remain available until expended: Provided,
That funds provided in this or any other appropriations Act
are to be used to relocate eligible individuals and groups
including evictees from District 6, Hopi-partitioned lands
residents, those in significantly substandard housing, and
all others certified as eligible and not included in the
preceding categories: Provided further, That none of the
funds contained in this or any other Act may be used by the
Office of Navajo and Hopi Indian Relocation to evict any
single Navajo or Navajo family who, as of November 30, 1985,
was physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716): Provided further, That $1,000,000 shall be
transferred to the Office of the Inspector General of the
Department of the Interior, to remain available until
expended, for audits and investigations of the Office of
Navajo and Hopi Indian Relocation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,960,000, which shall become available on July 1, 2019, and
shall remain available until September 30, 2020.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$739,994,000, to remain available until September 30, 2020,
except as otherwise provided herein; of which not to exceed
$6,917,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$303,503,000, to remain available until expended,
[[Page H1654]]
of which not to exceed $10,000 shall be for services as
authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $144,202,000,
to remain available until September 30, 2020, of which not to
exceed $3,640,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $24,203,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $24,490,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $16,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $12,000,000, to remain available
until September 30, 2020.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000 to
remain available until expended, of which $141,750,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $13,250,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $11,250,000 for the purposes
of section 7(h): Provided, That appropriations for carrying
out section 10(a)(2) shall be available for obligation only
in such amounts as may be equal to the total amounts of
gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding
fiscal years for which equal amounts have not previously been
appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,771,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,890,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109,
$8,099,000: Provided, That one-quarter of 1 percent of the
funds provided under this heading may be used for official
reception and representational expenses associated with
hosting international visitors engaged in the planning and
physical development of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$59,000,000, of which $1,715,000 shall remain available until
September 30, 2021, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided,
That in addition to the authority provided by section 6(g) of
such Act, the World War I Commission may accept money, in-
kind personnel services, contractual support, or any
appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or
[[Page H1655]]
expended to accept or process applications for a patent for
any mining or mill site claim located under the general
mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2020, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2019.
contract support costs, fiscal year 2019 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2019 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2019
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act
are not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none
of the funds made available in this
[[Page H1656]]
Act or any other Act may be used to promulgate or implement
any regulation requiring the issuance of permits under title
V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions
resulting from biological processes associated with livestock
production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
extension of grazing permits
Sec. 420. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2019.
funding prohibition
Sec. 421. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 422. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2018'' and
inserting ``2019''.
use of american iron and steel
Sec. 423. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
midway island
Sec. 424. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 425. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $24,490,000 for fiscal year 2019.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,800,000 for fiscal year 2019.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 426. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title
40, United States Code, or section 521 of title 40, United
States Code, the Secretary is further authorized to transfer
title to excess Department of the Interior firefighting
equipment no longer needed to carry out the functions of the
Department's wildland fire management program to such
organizations.
recreation fees
Sec. 427. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2020'' for ``September 30, 2019''.
policies relating to biomass energy
Sec. 428. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
infrastructure
Sec. 429. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$68,000,000, of which $60,000,000 shall be for the Superfund
Remedial program and $8,000,000 shall be for the Superfund
Emergency Response and Removal program, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2018, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $68,000,000 as a
payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for
environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $665,000,000 to remain
available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act; and of which
$300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act;
(2) $25,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(3) $25,000,000 shall be for grants for lead testing in
school and child care program drinking water authorized in
section 2107 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322);
(4) $15,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $58,000,000, to remain available until expended,
for the cost of direct loans, for the cost of guaranteed
loans, and for administrative expenses to carry out the
direct and guaranteed loan programs, of which $3,000,000, to
remain available until September 30, 2020, may be used for
such administrative expenses: Provided, That these
additional funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $6,700,000,000.
small remote incinerators
Sec. 430. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
clarification of exemptions
Sec. 431. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C.
[[Page H1657]]
1251 et seq.) for the activities identified in subparagraphs
(A) and (C) of section 404(f)(1) of the Act (33 U.S.C.
1344(f)(1)(A), (C)).
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2019''.
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,947,952,000,
of which up to $671,726,000 may remain available until
September 30, 2020, and of which up to $1,469,777,000 may
remain available until expended for Worldwide Security
Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1)
through (4) as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed
$700,000), as authorized by section 801 of the United States
Information and Educational Exchange Act of 1948,
$2,871,794,000, of which up to $528,000,000 is for Worldwide
Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,338,227,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international
organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and
consent of the Senate or specific Acts of Congress, general
administration, and arms control, nonproliferation and
disarmament activities as authorized, $773,847,000.
(4) Security programs.--For necessary expenses for security
activities, $964,084,000, of which up to $941,777,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures, and
publication programs and from fees from educational advising
and counseling and exchange visitor programs; and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act, funds
may be reprogrammed within and between paragraphs (1) through
(4) under this heading subject to section 7015 of this Act.
(B) Of the amount made available under this heading, not to
exceed $10,000,000 may be transferred to, and merged with,
funds made available by this Act under the heading
``Emergencies in the Diplomatic and Consular Service'', to be
available only for emergency evacuations and rewards, as
authorized.
(C) Funds appropriated under this heading are available for
acquisition by exchange or purchase of passenger motor
vehicles as authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading that are
designated for Worldwide Security Protection shall continue
to be made available for support of security-related training
at sites in existence prior to the enactment of this Act.
(7) Clarification.--References to the ``Diplomatic and
Consular Programs'' account in any provision of law shall be
construed to include the ``Diplomatic Programs'' account in
this Act and other Acts making appropriations for the
Department of State, foreign operations, and related
programs.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $92,770,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $13,624,000 may remain available until
September 30, 2020.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $700,946,000, to remain available until
expended, of which not less than $271,500,000 shall be for
the Fulbright Program and not less than $111,860,000 shall be
for Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to
this account, to remain available until expended: Provided
further, That a portion of the Fulbright awards from the
Eurasia and Central Asia regions shall be designated as
Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That any
substantive modifications from the prior fiscal year to
programs funded by this Act under this heading shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available
until September 30, 2020.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that
are owned or leased by the Department of State, and
renovating, in addition to funds otherwise available, the
Harry S Truman Building, $777,200,000, to remain available
until September 30, 2023, of which not to exceed $25,000 may
be used for overseas representation expenses as authorized:
Provided, That none of the funds appropriated in this
paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies
of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,198,249,000,
to remain available until expended: Provided, That not later
than 45 days after enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations the
proposed allocation of funds made available under this
heading and the actual and anticipated proceeds of sales or
gifts for all projects in fiscal year 2019.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000
may be transferred to, and merged with, funds appropriated by
this Act under the heading ``Repatriation Loans Program
Account'': Provided, That $800,000 of the funds appropriated
under this heading may not be obligated until the Secretary
of State testifies before the Committees on Appropriations
concerning the fiscal year 2020 budget request for the
Department of State: Provided further, That the limitation
of the previous proviso shall not apply if such funds are
necessary for emergency evacuations and the payment of
rewards for information related to international terrorism,
narcotics related activities, transnational organized crime,
and war crimes as authorized by section 36 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2708).
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such funds are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$5,686,032.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-
553), and, in addition, as authorized by section 5 of such
Act, $743,000, to be derived from the reserve authorized by
such section, to be used for the purposes set out in that
section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate,
conventions, or specific Acts of Congress, $1,264,030,000:
Provided, That the Secretary of State shall, at the time of
the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to
the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of
the United Nations: Provided further, That the Secretary of
State shall notify the Committees on Appropriations at least
15 days in advance (or in an emergency, as far in advance as
is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget:
Provided further, That not later than May 1, 2019, and 30
days after the end of fiscal year 2019, the Secretary of
State shall report to the Committees on Appropriations any
credits attributable to the United States, including from the
United Nations Tax Equalization Fund, and
[[Page H1658]]
provide updated fiscal year 2019 and fiscal year 2020
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further,
That any such credits shall only be available for United
States assessed contributions to the United Nations regular
budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated
or otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant
to section 7015 of this Act, section 34 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2706), or
any operating plan submitted pursuant to section 7070 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further,
That any payment of arrearages under this heading shall be
directed to activities that are mutually agreed upon by the
United States and the respective international organization
and shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be
available for a United States contribution to an
international organization for the United States share of
interest costs made known to the United States Government by
such organization for loans incurred on or after October 1,
1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and
security, $562,344,000, of which 15 percent shall remain
available until September 30, 2020: Provided, That none of
the funds made available by this Act shall be obligated or
expended for any new or expanded United Nations peacekeeping
mission unless, at least 15 days in advance of voting for
such mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable), the
Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of
the mission, the national interest that will be served, and
the exit strategy; and (2) the sources of funds, including
any reprogrammings or transfers, that will be used to pay the
cost of the new or expanded mission, and the estimated cost
in future fiscal years: Provided further, That none of the
funds appropriated under this heading may be made available
for obligation unless the Secretary of State certifies and
reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is
implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking
in persons, exploiting victims of trafficking, or committing
acts of sexual exploitation and abuse or other violations of
human rights, and to hold accountable individuals who engage
in such acts while participating in such mission, including
prosecution in their home countries and making information
about such prosecutions publicly available on the website of
the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement
effective vetting procedures to ensure that such troops have
not violated human rights: Provided further, That funds
shall be available for peacekeeping expenses unless the
Secretary of State determines that United States
manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to
foreign manufacturers and suppliers: Provided further, That
none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign
national, unless the President's military advisors have
submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That not later than May 1,
2019, and 30 days after the end of fiscal year 2019, the
Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States,
including those resulting from United Nations peacekeeping
missions or the United Nations Tax Equalization Fund, and
provide updated fiscal year 2019 and fiscal year 2020
assessment costs including offsets from available credits:
Provided further, That any such credits shall only be
available for United States assessed contributions to United
Nations peacekeeping missions, and the Committees on
Appropriations shall be notified when such credits are
applied to any assessed contribution, including any payment
of arrearages: Provided further, That any notification
regarding funds appropriated or otherwise made available
under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7070 of this
Act, shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs, including offsets from available credits:
Provided further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with
the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and
to consider a draw down when mission goals have been
substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States
and Mexico, and to comply with laws applicable to the United
States Section, including not to exceed $6,000 for
representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,134,000.
construction
For detailed plan preparation and construction of
authorized projects, $29,400,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by
treaties between the United States and Canada or Great
Britain, and the Border Environment Cooperation Commission as
authorized by the North American Free Trade Agreement
Implementation Act (Public Law 103-182), $13,258,000:
Provided, That of the amount provided under this heading for
the International Joint Commission, up to $500,000 may remain
available until September 30, 2020, and $9,000 may be made
available for representation expenses: Provided further,
That of the amount provided under this heading for the
International Boundary Commission, $1,000 may be made
available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by
law, $50,651,000: Provided, That the United States share of
such expenses may be advanced to the respective commissions
pursuant to section 3324 of title 31, United States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants
for radio, Internet, and television broadcasting to the
Middle East, $798,196,000: Provided, That in addition to
amounts otherwise available for such purposes, up to
$34,508,000 of the amount appropriated under this heading may
remain available until expended for satellite transmissions
and Internet freedom programs, of which not less than
$13,800,000 shall be for Internet freedom programs: Provided
further, That of the total amount appropriated under this
heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses of Radio Free
Europe/Radio Liberty: Provided further, That the BBG shall
notify the Committees on Appropriations within 15 days of any
determination by the BBG that any of its broadcast entities,
including its grantee organizations, provides an open
platform for international terrorists or those who support
international terrorism, or is in violation of the principles
and standards set forth in subsections (a) and (b) of section
303 of the United States International Broadcasting Act of
1994 (22 U.S.C. 6202) or the entity's journalistic code of
ethics: Provided further, That significant modifications to
BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave,
medium wave, satellite, Internet, and television), for all
BBG language services shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available
under this heading, and notwithstanding any other provision
of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts
from cooperating international organizations, and up to
$1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television,
and digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended: Provided, That funds appropriated
[[Page H1659]]
under this heading shall be apportioned and obligated to the
Foundation not later than 60 days after enactment of this
Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $38,634,000, to remain
available until September 30, 2020, which shall not be used
for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2004 (22
U.S.C. 2078), the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2019, to
remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2019, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay
any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the
rate authorized by section 5376 of title 5, United States
Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations,
including the restrictions on compensation for personal
services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign
Relations Authorization Act, Fiscal Years 1992 and 1993 (22
U.S.C. 2452 note), all interest and earnings accruing to the
Israeli Arab Scholarship Fund on or before September 30,
2019, to remain available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to
the Center for Cultural and Technical Interchange Between
East and West in the State of Hawaii, $16,700,000: Provided,
That funds appropriated under this heading shall be
apportioned and obligated to the Center not later than 60
days after enactment of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $180,000,000,
to remain available until expended, of which $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes, and $62,500,000 shall be
for democracy programs: Provided, That the requirements of
section 7070(a) of this Act shall not apply to funds made
available under this heading: Provided further, That funds
appropriated under this heading shall be apportioned and
obligated to the Endowment not later than 60 days after
enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided further,
That such authority shall terminate on October 1, 2019:
Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such
authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998
(22 U.S.C. 6431 et seq.), $4,500,000, to remain available
until September 30, 2020, including not more than $4,000 for
representation expenses: Provided, That prior to the
obligation of $1,000,000 of the funds appropriated under this
heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United
States Commission on International Religious Freedom
Reauthorization Act of 2015 (Public Law 114-71), and such
funds shall be subject to the regular notification procedures
of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2020.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized
by title III of the U.S.-China Relations Act of 2000 (22
U.S.C. 6911 et seq.), $2,000,000, including not more than
$3,000 for representation expenses, to remain available until
September 30, 2020.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2020: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall continue in effect during fiscal
year 2019 and shall apply to funds appropriated under this
heading as if included in this Act.
Western Hemisphere Drug Policy Commission
salaries and expenses
For necessary expenses of the Western Hemisphere Drug
Policy Commission, as authorized by title VI of the
Department of State Authorities Act, Fiscal Year 2017 (Public
Law 114-323), $1,500,000 to remain available until September
30, 2020.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,214,808,000, of which up to $182,221,000 may remain
available until September 30, 2020: Provided, That none of
the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made
available to finance the construction (including architect
and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the
obligation of funds for such purposes: Provided further,
That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for
the expenditure of such funds through the following fiscal
year: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses'' in accordance with the provisions of
those sections: Provided further, That of the funds
appropriated or made available under this heading, not to
exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of
1961, $225,000,000, to remain available until expended:
Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds
appropriated under this heading shall be available subject to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$76,600,000, of which up to $11,490,000 may remain available
until September 30, 2020, for the Office of Inspector General
of the United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,117,450,000, to
remain available until September 30, 2020, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall
be made available for training, equipment, and technical
assistance to build the capacity of public health
institutions and organizations in developing countries, and
for such activities as: (1) child survival and maternal
health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases including neglected tropical diseases,
and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS;
[[Page H1660]]
(6) disaster preparedness training for health crises; (7)
programs to prevent, prepare for, and respond to,
unanticipated and emerging global health threats; and (8)
family planning/reproductive health: Provided further, That
funds appropriated under this paragraph may be made available
for a United States contribution to the GAVI Alliance:
Provided further, That none of the funds made available in
this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the
United States, supports or participates in the management of
a program of coercive abortion or involuntary sterilization:
Provided further, That any determination made under the
previous proviso must be made not later than 6 months after
the date of enactment of this Act, and must be accompanied by
the evidence and criteria utilized to make the determination:
Provided further, That none of the funds made available
under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further,
That nothing in this paragraph shall be construed to alter
any existing statutory prohibitions against abortion under
section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided
further, That in order to reduce reliance on abortion in
developing nations, funds shall be available only to
voluntary family planning projects which offer, either
directly or through referral to, or information about access
to, a broad range of family planning methods and services,
and that any such voluntary family planning project shall
meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total
number of births, number of family planning acceptors, or
acceptors of a particular method of family planning (this
provision shall not be construed to include the use of
quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to:
(A) an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall
provide family planning acceptors comprehensible information
on the health benefits and risks of the method chosen,
including those conditions that might render the use of the
method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and
devices and medical procedures are provided only in the
context of a scientific study in which participants are
advised of potential risks and benefits; and, not less than
60 days after the date on which the USAID Administrator
determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on
Appropriations a report containing a description of such
violation and the corrective action taken by the Agency:
Provided further, That in awarding grants for natural family
planning under section 104 of the Foreign Assistance Act of
1961 no applicant shall be discriminated against because of
such applicant's religious or conscientious commitment to
offer only natural family planning; and, additionally, all
such applicants shall comply with the requirements of the
previous proviso: Provided further, That for purposes of
this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related
programs, the term ``motivate'', as it relates to family
planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further,
That information provided about the use of condoms as part of
projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and
shall include the public health benefits and failure rates of
such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,720,000,000, to remain available until September 30,
2023, which shall be apportioned directly to the Department
of State: Provided, That funds appropriated under this
paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
(Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund), and shall be expended at the minimum rate necessary to
make timely payment for projects and activities: Provided
further, That the amount of such contribution should be
$1,350,000,000: Provided further, That clauses (i) and (vi)
of section 202(d)(4)(A) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7622) shall be applied with respect to such funds made
available for fiscal years 2015 through 2019 by substituting
``2004'' for ``2009'': Provided further, That up to 5
percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2019 may be made available to
USAID for technical assistance related to the activities of
the Global Fund, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this paragraph,
up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for
administrative expenses of the Office of the United States
Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255,
and chapter 10 of part I of the Foreign Assistance Act of
1961, $3,000,000,000, to remain available until September 30,
2020.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $3,801,034,000, to remain
available until expended: Provided, That such funds shall be
apportioned to the United States Agency for International
Development not later than 60 days after enactment of this
Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency
for International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, $30,000,000, to remain
available until expended, to support transition to democracy
and long-term development of countries in crisis: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and
processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict: Provided further, That the
USAID Administrator shall submit a report to the Committees
on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the
Secretary of State determines that it is important to the
national interest of the United States to provide transition
assistance in excess of the amount appropriated under this
heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That
funds made available pursuant to the previous proviso shall
be made available subject to prior consultation with the
Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities administered by the United States Agency for
International Development to prevent or respond to emerging
or unforeseen foreign challenges and complex crises overseas,
$30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to
such challenges and crises, except that no funds shall be
made available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of
this Act and section 620M of the Foreign Assistance Act of
1961: Provided further, That funds appropriated under this
heading may be used for administrative expenses, in addition
to funds otherwise available for such purposes, except that
such expenses may not exceed 5 percent of the funds
appropriated under this heading: Provided further, That
funds appropriated under this heading shall be apportioned to
USAID not later than 60 days after enactment of this Act:
Provided further, That funds appropriated under this heading
shall be subject to the regular notification procedures of
the Committees on Appropriations, except that such
notifications shall be transmitted at least 5 days prior to
the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $55,000,000 may be derived by transfer
from funds appropriated by this Act to carry out part I of
such Act and under the heading ``Assistance for Europe,
Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds provided as a gift that are
used for purposes of this paragraph pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro- and small enterprise programs,
urban programs, and other programs which further the purposes
of part I of such Act: Provided further, That funds provided
as a gift that are used for purposes of this paragraph shall
be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That funds made
available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, and funds used for
such cost, including if the cost results in a negative
subsidy, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general
[[Page H1661]]
provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section
306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further,
That these funds are available to subsidize total loan
principal, any portion of which is to be guaranteed, of up to
$1,750,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $10,000,000, which may
be transferred to, and merged with, funds made available
under the heading ``Operating Expenses'' in title II of this
Act: Provided, That funds made available under this heading
shall remain available until September 30, 2021: Provided
further, That of the funds appropriated under this paragraph
in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
for administrative expenses to carry out credit programs
administered by USAID, up to $1,000,000 may be made available
for limited transition costs associated with the
implementation of section 1463 of the Better Utilization of
Investments Leading to Development (BUILD) Act of 2018
(division F of Public Law 115-254): Provided further, That
prior to the initial obligation of funds made available for
such transition costs, the USAID Administrator shall submit a
spend plan to the Committees on Appropriations for the use of
such funds: Provided further, That funds made available for
such transition costs shall be subject to the regular
notification procedures of the Committees on Appropriations,
and may not be made available until the reorganization plan
required by section 1462(a) of the BUILD Act of 2018 is
transmitted to Congress.
economic support fund
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$2,545,525,000, to remain available until September 30, 2020.
democracy fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, including to carry out the purposes of section
502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411),
$157,700,000, to remain available until September 30, 2020,
which shall be made available for the Human Rights and
Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds
appropriated under this heading that are made available to
the National Endowment for Democracy and its core institutes
are in addition to amounts otherwise available by this Act
for such purposes: Provided further, That the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations
prior to the obligation of funds appropriated under this
paragraph.
For an additional amount for such purposes, $69,500,000, to
remain available until September 30, 2020, which shall be
made available for the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for
International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act
(Public Law 102-511), and the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179),
$760,334,000, to remain available until September 30, 2020,
which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and
related programs for countries identified in section 3 of
Public Law 102-511 (22 U.S.C. 5801) and section 3(c) of
Public Law 101-179 (22 U.S.C. 5402), in addition to funds
otherwise available for such purposes: Provided, That funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'' that are made
available for assistance for such countries shall be
administered in accordance with the responsibilities of the
coordinator designated pursuant to section 102 of Public Law
102-511 and section 601 of Public Law 101-179: Provided
further, That funds appropriated under this heading shall be
considered to be economic assistance under the Foreign
Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use
of economic assistance: Provided further, That any
notification of funds made available under this heading in
this Act or prior Acts making appropriations for the
Department of State, foreign operations and related programs
shall include information (if known on the date of
transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if
subsequent to the notification of assistance it becomes
necessary to rely on notwithstanding authority, the
Committees on Appropriations should be informed at the
earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to
enable the Secretary of State to carry out the provisions of
section 2(a) and (b) of the Migration and Refugee Assistance
Act of 1962, and other activities to meet refugee and
migration needs; salaries and expenses of personnel and
dependents as authorized by the Foreign Service Act of 1980;
allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $2,027,876,000, to remain
available until expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency
humanitarian requirements, and $5,000,000 shall be made
available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $1,000,000, to remain
available until expended: Provided, That amounts in excess
of the limitation contained in paragraph (2) of such section
shall be transferred to, and merged with, funds made
available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the
Peace Corps Act (22 U.S.C. 2501 et seq.), including the
purchase of not to exceed five passenger motor vehicles for
administrative purposes for use outside of the United States,
$410,500,000, of which $6,000,000 is for the Office of
Inspector General, to remain available until September 30,
2020: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as
authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may
not be derived from amounts made available for Peace Corps
overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may
be available for representation expenses, of which not to
exceed $4,000 may be made available for entertainment
expenses: Provided further, That none of the funds
appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the
previous proviso, section 614 of division E of Public Law
113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.)
(MCA), $905,000,000, to remain available until expended:
Provided, That of the funds appropriated under this heading,
up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation: Provided
further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available
for a Millennium Challenge Compact entered into pursuant to
section 609 of the MCA only if such Compact obligates, or
contains a commitment to obligate subject to the availability
of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States
Government funding anticipated for the duration of the
Compact: Provided further, That no country should be
eligible for a threshold program after such country has
completed a country compact: Provided further, That any
funds that are deobligated from a Millennium Challenge
Compact shall be subject to the regular notification
procedures of the Committees on Appropriations prior to re-
obligation: Provided further, That of the funds appropriated
under this heading, not to exceed $100,000 may be available
for representation and entertainment expenses, of which not
to exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions
of section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September 30, 2020:
Provided, That of the funds appropriated under this heading,
not to exceed $2,000 may be available for representation
expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h
et seq.), $30,000,000, to remain available until September
30, 2020, of which not to exceed $2,000 may be available for
representation expenses: Provided, That funds made available
to grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided further,
That notwithstanding section 505(a)(2) of the African
Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section
with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely
to foreign currency fluctuation: Provided further, That the
USADF shall submit a report to the appropriate congressional
committees after each time such waiver authority is
exercised: Provided further, That the USADF may make rent or
lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in
Africa as may be necessary to carry out its functions:
Provided further, That the USADF may maintain bank accounts
outside the United States Treasury and retain any interest
earned on such accounts, in furtherance of the purposes of
the African Development Foundation Act: Provided further,
[[Page H1662]]
That the USADF may not withdraw any appropriation from the
Treasury prior to the need of spending such funds for program
purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961,
$30,000,000, to remain available until expended, of which not
more than $6,000,000 may be used for administrative expenses:
Provided, That amounts made available under this heading may
be made available to contract for services as described in
section 129(d)(3)(A) of the Foreign Assistance Act of 1961,
without regard to the location in which such services are
performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $1,497,469,000, to remain
available until September 30, 2020: Provided, That the
Department of State may use the authority of section 608 of
the Foreign Assistance Act of 1961, without regard to its
restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing
such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made
available notwithstanding such section shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated
under this heading shall be made available to support
training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial
authorities, utilizing regional partners: Provided further,
That funds made available under this heading that are
transferred to another department, agency, or instrumentality
of the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a)
of such Act, shall be subject to the regular notification
procedures of the Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$864,550,000, to remain available until September 30, 2020,
to carry out the provisions of chapter 8 of part II of the
Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961,
section 504 of the FREEDOM Support Act, section 23 of the
Arms Export Control Act, or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a United States contribution to
the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That
funds made available under this heading for the
Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations,
to promote bilateral and multilateral activities relating to
nonproliferation, disarmament, and weapons destruction, and
shall remain available until expended: Provided further,
That such funds may also be used for such countries other
than the Independent States of the former Soviet Union and
international organizations when it is in the national
security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be
made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to
participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons
destruction programs, including demining and related
activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to
the operation and management of such programs and activities,
subject to the regular notification procedures of the
Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$163,457,000: Provided, That funds appropriated under this
heading may be used, notwithstanding section 660 of such Act,
to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate
in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, not less than
$31,000,000 shall be made available for a United States
contribution to the Multinational Force and Observers mission
in the Sinai and not less than $71,000,000 shall be made
available for the Global Peace Operations Initiative:
Provided further, That none of the funds appropriated under
this heading shall be obligated except as provided through
the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961,
$110,778,000, of which up to $11,000,000 may remain available
until September 30, 2020: Provided, That the civilian
personnel for whom military education and training may be
provided under this heading may include civilians who are not
members of a government whose participation would contribute
to improved civil-military relations, civilian control of the
military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, not to
exceed $50,000 may be available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $5,962,241,000: Provided, That to expedite the
provision of assistance to foreign countries and
international organizations, the Secretary of State,
following consultation with the Committees on Appropriations
and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading
to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That
of the funds appropriated under this heading, not less than
$3,300,000,000 shall be available for grants only for Israel
which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading
shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including
research and development: Provided further, That funds
appropriated or otherwise made available under this heading
shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further,
That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that
are not sold by the United States Government under the Arms
Export Control Act unless the foreign country proposing to
make such procurement has first signed an agreement with the
United States Government specifying the conditions under
which such procurement may be financed with such funds:
Provided, That all country and funding level increases in
allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented
through nongovernmental and international organizations:
Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize
funds made available under this heading for procurement of
defense articles, defense services, or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided
further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That
not more than $75,000,000 of the funds appropriated under
this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for
replacement only for use outside of the United States, for
the general costs of administering military assistance and
sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees
on Appropriations: Provided further, That of the funds made
available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation expenses:
Provided further, That not more than $1,009,700,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export
Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2019 pursuant to
section 43(b) of the Arms Export Control Act, except that
this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961,
$339,000,000: Provided, That section 307(a) of the Foreign
Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction
and Development as trustee for the Global Environment
Facility by the Secretary of the Treasury, $139,575,000, to
remain available until, and to be fully disbursed no later
than, September 30, 2020: Provided, That of such amount,
$136,563,000, which shall remain
[[Page H1663]]
available until September 30, 2019, is only available for the
first installment of the seventh replenishment of the Global
Environment Facility, and shall be obligated and disbursed
not later than 90 days after enactment of this Act: Provided
further, That the Secretary shall report to the Committees on
Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed:
Provided further, That in such report the Secretary shall
provide a timeline for the obligation and disbursement of any
funds that have not yet been obligated or disbursed.
contribution to the international development association
For payment to the International Development Association by
the Secretary of the Treasury, $1,097,010,000, to remain
available until expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian
Development Fund by the Secretary of the Treasury,
$47,395,000, to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the
Secretary of the Treasury for the United States share of the
paid-in portion of the increase in capital stock,
$32,417,159, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $507,860,806.
contribution to the african development fund
For payment to the African Development Fund by the
Secretary of the Treasury, $171,300,000, to remain available
until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until, and to be fully disbursed no later
than, September 30, 2020, for the first installment of the
eleventh replenishment of the International Fund for
Agricultural Development: Provided, That the Secretary of
the Treasury shall report to the Committees on Appropriations
on the status of such payment not less than quarterly until
fully disbursed: Provided further, That in such report the
Secretary shall provide a timeline for the obligation and
disbursement of any funds that have not yet been obligated or
disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,700,000, of which up to $855,000 may
remain available until September 30, 2020.
program account
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code, as
may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export
of nuclear equipment, fuel, or technology to any country,
other than a nuclear-weapon state as defined in Article IX of
the Treaty on the Non-Proliferation of Nuclear Weapons
eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the
date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by
section 3109 of title 5, United States Code, and not to
exceed $30,000 for official reception and representation
expenses for members of the Board of Directors, not to exceed
$110,000,000, of which up to $16,500,000 may remain available
until September 30, 2020: Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or
technical services in connection with any transaction for
which an application for a loan, guarantee or insurance
commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special
services performed on a contract or fee basis, but not
including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of
pledged collateral or other assets acquired by the Bank in
satisfaction of moneys owed the Bank, or the investigation or
appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which
an application for a loan, guarantee or insurance commitment
has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other
funds appropriated for administrative expenses, such fees
shall be credited to this account for such purposes, to
remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945 (Public Law 79-173) and the Federal Credit Reform Act
of 1990, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from
the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund
estimated at $0.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as
provided by section 9104 of title 31, United States Code,
such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be
necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $79,200,000: Provided further, That project-
specific transaction costs, including direct and indirect
costs incurred in claims settlements, and other direct costs
associated with services provided to specific investors or
potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered
administrative expenses for the purposes of this heading:
Provided further, That of the funds appropriated under this
heading in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs, up to $5,000,000 may be made available for limited
transition costs associated with the implementation of
section 1463 of the Better Utilization of Investments Leading
to Development (BUILD) Act of 2018 (division F of Public Law
115-254): Provided further, That prior to the initial
obligation of funds made available for such transition costs,
the President of the Overseas Private Investment Corporation
shall submit a spend plan to the Committees on Appropriations
for the use of such funds: Provided further, That funds made
available for such transition costs shall be subject to the
regular notification procedures of the Committees on
Appropriations, and may not be made available until the
reorganization plan required by section 1462(a) of the BUILD
Act of 2018 is transmitted to Congress.
program account
For the cost of direct and guaranteed loans as authorized
by section 234 of the Foreign Assistance Act of 1961,
$20,000,000, to be derived by transfer from the Overseas
Private Investment Corporation Noncredit Account, to remain
available until September 30, 2021: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That funds so obligated in fiscal
year 2019 remain available for disbursement through 2027;
funds obligated in fiscal year 2020 remain available for
disbursement through 2028; and funds obligated in fiscal year
2021 remain available for disbursement through 2029:
Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is
authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant
to the authority of the previous proviso shall be subject to
the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may
be derived from amounts available for administrative expenses
to carry out the credit and insurance programs in the
Overseas Private Investment Corporation Noncredit Account and
merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961,
$79,500,000, to remain available until September 30, 2020, of
which no more than $19,000,000 may be used for administrative
expenses: Provided, That of the funds appropriated under
this heading, not more than $5,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59
of title 5, United States Code; for services as authorized by
section 3109 of such title and for hire of passenger
transportation pursuant to section 1343(b) of title 31,
United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on
Appropriations a quarterly accounting of cumulative
unobligated balances and obligated, but unexpended, balances
by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in
fiscal year 2019 or any previous fiscal year, disaggregated
by fiscal year: Provided, That the report required by this
section shall be submitted not later than 30 days after the
end of each fiscal quarter and should specify by account the
amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under
title I of this Act for any consulting
[[Page H1664]]
service through procurement contract, pursuant to section
3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of
public record and available for public inspection, except
where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--
The Secretary of State shall promptly inform the Committees
on Appropriations of each instance in which a Federal
department or agency is delinquent in providing the full
amount of funding required by section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22
U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (title VI of division A of H.R.
3427, as enacted into law by section 1000(a)(7) of Public Law
106-113 and contained in appendix G of that Act), as amended
by section 111 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), a project to construct
a facility of the United States may include office space or
other accommodations for members of the United States Marine
Corps.
(c) New Diplomatic Facilities.--For the purposes of
calculating the fiscal year 2019 costs of providing new
United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the
Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is
proportional to the contribution of the Department of State
for this purpose.
(d) Consultation and Notification.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, which may be made available for the acquisition of
property or award of construction contracts for overseas
United States diplomatic facilities during fiscal year 2019,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations:
Provided, That notifications pursuant to this subsection
shall include the information enumerated under the heading
``Embassy Security, Construction, and Maintenance'' in House
Report 115-829.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation
with the appropriate congressional committees, to address
security vulnerabilities at interim and temporary United
States diplomatic facilities abroad, including physical
security upgrades and local guard staffing, except that the
amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be a
minimum of $25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to
an interim or temporary United States diplomatic facility
shall be subject to prior consultation with the appropriate
congressional committees and the regular notification
procedures of the Committees on Appropriations, except that
such consultation and notification may be waived if there is
a security risk to personnel.
(f) Transfer of Funds Authority.--Funds appropriated under
the headings ``Diplomatic Programs'', including for Worldwide
Security Protection, ``Emergencies in the Diplomatic and
Consular Service'', and ``Embassy Security, Construction, and
Maintenance'' in this Act may be transferred to, and merged
with, funds appropriated under such headings if the Secretary
of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board,
for emergency evacuations, or to prevent or respond to
security situations and requirements, following consultation
with, and subject to the regular notification procedures of,
such Committees: Provided, That such transfer authority is
in addition to any transfer authority otherwise available in
this Act and under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the
heading ``Embassy Security, Construction, and Maintenance''
may be made available for security upgrades to soft targets,
including schools, recreational facilities, and residences
used by United States diplomatic personnel and their
dependents, except that the amount made available for such
purposes shall be a minimum of $10,000,000.
(h) Report.--Within 45 days of enactment of this Act and
every 3 months thereafter until the completion of each
project, the Secretary of State shall submit to the
Committees on Appropriations a report on the Erbil Consulate,
Beirut Embassy, Jakarta Embassy, Mexico City Embassy, and New
Delhi Embassy, as described under this section in the joint
explanatory statement accompanying this Act.
(i) Secure Resupply and Maintenance.--The Secretary of
State may not grant final approval for the construction of a
new facility or substantial construction to improve or expand
an existing facility in the United States by or for the
Government of the People's Republic of China until the
Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded
between the Governments of the United States and the People's
Republic of China that permits secure resupply, maintenance,
and new construction of United States Government facilities
in the People's Republic of China.
personnel actions
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary
resources available under title I to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a
reprogramming of funds under section 7015 of this Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds
appropriated by this Act for the operations of the Department
of State under the headings ``Diplomatic Programs'' and
``Capital Investment Fund'' shall be made available to
implement the recommendations contained in the Foreign
Assistance Data Review Findings Report (FADR) and the Office
of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on
Foreign Assistance Funds'': Provided, That not later than 45
days after enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations an update to
the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
for implementing the FADR and OIG recommendations: Provided
further, That such funds may not be obligated for
enhancements to, or expansions of, the Budget System
Modernization Financial System, Central Resource Management
System, Joint Financial Management System, or Foreign
Assistance Coordination and Tracking System until such
updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be
obligated for new, or expansion of existing, ad hoc
electronic systems to track commitments, obligations, or
expenditures of funds unless the Secretary of State,
following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such
new system or expansion is consistent with the FADR and OIG
recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act
or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
service centers included in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2019: Provided, That the
amounts for such service centers shall be the amounts
included in such budget justification, except as provided in
section 7015(b) of this Act: Provided further, That Federal
agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to
Department of State bureaus and offices for procurement-
related activities, the Secretary of State shall include the
proposed increase in the Department of State budget
justification or, at least 60 days prior to the increase,
provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee:
Provided further, That Federal agency components may only pay
for Working Capital Fund services that are consistent with
the purpose and authorities of such components: Provided
further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full
cost of each service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that
are made available to a Department of State bureau or office
with responsibility for the management and oversight of such
funds, the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or
office basis, that such bureau or office is in compliance
with Department and Federal financial and grants management
policies, procedures, and regulations, as applicable.
(2) When making a certification required by paragraph (1),
the Secretary of State shall consider the capacity of a
bureau or office to--
(A) account for the obligated funds at the country and
program level, as appropriate;
(B) identify risks and develop mitigation and monitoring
plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under
this section in House Report 115-829.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance or reparations for the governments of Cuba, North
Korea, Iran, or Syria: Provided, That for purposes of this
section, the prohibition on obligations or expenditures shall
include direct loans,
[[Page H1665]]
credits, insurance, and guarantees of the Export-Import Bank
or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act
shall be obligated or expended to finance directly any
assistance to the government of any country whose duly
elected head of government is deposed by military coup d'etat
or decree or, after the date of enactment of this Act, a coup
d'etat or decree in which the military plays a decisive role:
Provided, That assistance may be resumed to such government
if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the
termination of assistance a democratically elected government
has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote
democratic elections or public participation in democratic
processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the
regular notification procedures of the Committees on
Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Department of State under title I of this Act may be
transferred between, and merged with, such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers, and no such transfer may be made to increase
the appropriation under the heading ``Representation
Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under
title I of this Act may be transferred between, and merged
with, such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made
available for fiscal year 2019, for programs under title VI
of this Act may be transferred between such appropriations
for use for any of the purposes, programs, and activities for
which the funds in such receiving account may be used, but no
such appropriation, except as otherwise specifically
provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other
appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized
elsewhere in, this Act, funds appropriated by this Act to
carry out the purposes of the Foreign Assistance Act of 1961
may be allocated or transferred to agencies of the United
States Government pursuant to the provisions of sections 109,
610, and 632 of the Foreign Assistance Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department
of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of
the Foreign Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to section 632(a)
of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings
``Global Health Programs'', ``Development Assistance'',
``Economic Support Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'' shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided, That the requirement in the previous sentence shall
not apply to agreements entered into between USAID and the
Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds
made available under titles II through V of this Act may be
obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically
provided for in this Act, unless the President, not less than
5 days prior to the exercise of any authority contained in
the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to
the Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any
agreement for the transfer or allocation of funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations and related
programs, entered into between the Department of State or
USAID and another agency of the United States Government
under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law,
shall expressly provide that the Inspector General (IG) for
the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic
program and financial audits of the use of such funds and
report to the Department of State or USAID, as appropriate,
upon completion of such audits: Provided, That such audits
shall be transmitted to the Committees on Appropriations by
the Department of State or USAID, as appropriate: Provided
further, That funds transferred under such authority may be
made available for the cost of such audits.
(f) Report.--Not later than October 31, 2019, the Secretary
of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all
transfers to another agency of the United States Government
made pursuant to sections 632(a) and 632(b) of the Foreign
Assistance Act of 1961 with funds provided in the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141):
Provided, That such reports shall include a list of each
transfer made pursuant to such sections with the respective
funding level, appropriation account, and the receiving
agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made
available by this Act may be used for first-class travel by
employees of United States Government departments and
agencies funded by this Act in contravention of section 301-
10.122 through 301-10.124 of title 41, Code of Federal
Regulations.
(b) Computer Networks.--None of the funds made available by
this Act for the operating expenses of any United States
Government department or agency may be used to establish or
maintain a computer network for use by such department or
agency unless such network has filters designed to block
access to sexually explicit websites: Provided, That nothing
in this subsection shall limit the use of funds necessary for
any Federal, State, tribal, or local law enforcement agency,
or any other entity carrying out the following activities:
criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such
websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds
made available by this Act should be available to promote the
sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions
on the marketing of tobacco or tobacco products, except for
restrictions which are not applied equally to all tobacco or
tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the
expiration of the current fiscal year unless expressly so
provided by this Act: Provided, That funds appropriated for
the purposes of chapters 1 and 8 of part I, section 661,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the headings ``Development
Credit Authority'' and ``Assistance for Europe, Eurasia and
Central Asia'' shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods
of availability contained in this Act: Provided further,
That the availability of funds pursuant to the previous
proviso shall not be applicable to such funds until the
Secretary of State submits the reports required under section
7011 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31) and the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided further, That
notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in
order to address balance of payments or economic policy
reform objectives, shall remain available for an additional 4
years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their
respective periods of availability contained in this Act:
Provided further, That the Secretary of State shall provide a
report to the Committees on Appropriations not later than
October 31, 2019, detailing by account and source year, the
use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in
default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any
loan made to the government of such country by the United
States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following
consultation with the Committees on Appropriations, that
assistance for such country is in the national interest of
the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided
unless such agreement includes a
[[Page H1666]]
provision stating that assistance provided by the United
States shall be exempt from taxation, or reimbursed, by the
foreign government, and the Secretary of State and the
Administrator of the United States Agency for International
Development shall expeditiously seek to negotiate amendments
to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An
amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2019 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign
government or entity against United States assistance
programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2020 and
for prior fiscal years and allocated for the central
government of such country or for the West Bank and Gaza
program, as applicable, if, not later than September 30,
2020, such taxes have not been reimbursed: Provided, That
the Secretary of State shall report to the Committees on
Appropriations by such date on the foreign governments and
entities that have not reimbursed such taxes, including any
amount of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which
do not assess taxes on United States assistance or which have
an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement of
such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations at least 15 days prior
to exercising the authority of this subsection with regard to
any foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and
update rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the
taxation of assistance contained in this section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the
Government of the United States and the government of the
country receiving assistance that describes the privileges
and immunities applicable to United States foreign assistance
for such country generally, or an individual agreement
between the Government of the United States and such
government that describes, among other things, the treatment
for tax purposes that will be accorded the United States
assistance provided under that agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall
not include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the heads
of other relevant agencies of the United States Government,
shall submit a report to the Committees on Appropriations on
the requirements contained under this section in House Report
115-829.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under
titles III through VI of this Act which are specifically
designated may be reprogrammed for other programs within the
same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any
provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to
this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the
authority contained in subsection (a), the original period of
availability of funds appropriated by this Act and
administered by the Department of State or the United States
Agency for International Development that are specifically
designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year
if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds
can be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated
funding levels contained in this Act shall not be applicable
to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically
so directs: Provided, That specifically designated funding
levels or minimum funding requirements contained in any other
Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs,
Projects, and Activities.--None of the funds made available
in titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign
operations, and related programs to the departments and
agencies funded by this Act that remain available for
obligation in fiscal year 2019, or provided from any accounts
in the Treasury of the United States derived by the
collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on
Appropriations or such Committees are notified 15 days in
advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the
funds provided under titles I and II of this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs, to the departments
and agencies funded under titles I and II of this Act that
remain available for obligation in fiscal year 2019, or
provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the
department and agency funded under title I of this Act, shall
be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made
available by this Act under the headings ``Global Health
Programs'', ``Development Assistance'', ``International
Organizations and Programs'', ``Trade and Development
Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'',
``Peacekeeping Operations'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Millennium
Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are notified 15 days in advance
of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conventional
ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act
shall not apply to any reprogramming for an activity,
program, or project for which funds are appropriated under
titles III through VI of this Act of less than 10 percent of
the amount previously justified to Congress for obligation
for such activity, program, or project for the current fiscal
year: Provided further, That any notification submitted
pursuant to subsection (f) of this section shall include
information (if known on the date of transmittal of such
notification) on the use of notwithstanding authority:
Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding
authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent
practicable.
(d) Department of Defense Programs and Funding
Notifications.--
(1) Programs.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available to support or continue any program initially funded
under any authority of title 10, United States Code, or any
Act making or authorizing appropriations for the Department
of Defense, unless the Secretary of State, in consultation
with the Secretary of Defense and in accordance with the
regular notification procedures of the Committees on
Appropriations, submits a justification to such Committees
that includes a description of, and the estimated costs
associated with, the support or continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the
Department of State and
[[Page H1667]]
the United States Agency for International Development for
assistance for foreign countries and international
organizations shall be subject to the regular notification
procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same
conditions as other committees pursuant to subsection (f) of
that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued
(in terms of original acquisition cost) at $7,000,000 or
more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that
would receive such excess defense articles: Provided
further, That such Committees shall also be informed of the
original acquisition cost of such defense articles.
(e) Waiver.--The requirements of this section or any
similar provision of this Act or any other Act, including any
prior Act requiring notification in accordance with the
regular notification procedures of the Committees on
Appropriations, may be waived if failure to do so would pose
a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as
practicable, but in no event later than 3 days after taking
the action to which such notification requirement was
applicable, in the context of the circumstances necessitating
such waiver: Provided further, That any notification
provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be
obligated or expended for assistance for Afghanistan,
Bahrain, Bolivia, Burma, Cambodia, Colombia, Cuba, Egypt, El
Salvador, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq,
Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the
Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan,
Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as
provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made
available in title III of this Act and prior Acts making
funds available for the Department of State, foreign
operations, and related programs that are made available for
a trust fund held by an international financial institution
shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided, That such
notification shall include the information specified under
this section in the explanatory statement accompanying the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141).
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that
are made available for a pilot program for lateral entry into
the Foreign Service shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(2) Other programs.--Funds appropriated by this Act that
are made available for the following programs and activities
shall be subject to the regular notification procedures of
the Committees on Appropriations--
(A) The Global Engagement Center, except that the Secretary
of State shall consult with the appropriate congressional
committees prior to submitting such notification;
(B) The Power Africa initiative, or any successor program;
(C) Community-based police assistance conducted pursuant to
the authority of section 7049(a)(1) of this Act;
(D) Programs to counter foreign fighters and extremist
organizations, pursuant to section 7071(a) of this Act;
(E) The Relief and Recovery Fund;
(F) The Indo-Pacific Strategy;
(G) The Global Security Contingency Fund;
(H) The Countering Russian Influence Fund; and
(I) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act
under titles III and IV that are withheld from obligation or
otherwise not programmed as a result of application of a
provision of law in this or any other Act shall, if
reprogrammed, be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in
which funds appropriated by this Act for assistance for Iraq,
Libya, Somalia, Syria, the Counterterrorism Partnership Fund,
the Relief and Recovery Fund, or programs to counter
extremism and foreign fighters abroad, have been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an
explanation of the response of the Department of State or
USAID, as appropriate: Provided, That the Secretary shall
ensure such funds are coordinated with, and complement, the
programs of other United States Government departments and
agencies and international partners in such countries and on
such activities.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least seven days prior to
informing a government of, or publically announcing a
decision on, the suspension of assistance to a country or a
territory, including as a result of an interagency review of
such assistance, from funds appropriated by this Act or prior
Acts making appropriations for the Department of State,
foreign operations, and related programs.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Requests for Documents.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act shall be available to a nongovernmental
organization, including any contractor, which fails to
provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of
State and the United States Agency for International
Development.
(b) Records Management and Related Cybersecurity
Protections.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made
available to the Department of State and USAID may be made
available to support the use or establishment of email
accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a
Federal government records management program in
contravention of the Presidential and Federal Records Act
Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) regularly review and update the policies, directives,
and oversight necessary to comply with Federal statutes,
regulations, and presidential executive orders and memoranda
concerning the preservation of all records made or received
in the conduct of official business, including record emails,
instant messaging, and other online tools;
(B) use funds appropriated by this Act under the headings
``Diplomatic Programs'' and ``Capital Investment Fund'' in
title I, and ``Operating Expenses'' and ``Capital Investment
Fund'' in title II, as appropriate, to improve Federal
records management pursuant to the Federal Records Act (44
U.S.C. Chapters 21, 29, 31, and 33) and other applicable
Federal records management statutes, regulations, or policies
for the Department of State and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government;
(D) improve the response time for identifying and
retrieving Federal records, including requests made pursuant
to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act''); and
(E) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use of
personal email accounts or servers outside the .gov domain,
improve the process to identify and remove inactive user
accounts, update and enforce guidance related to the control
of national security information, and implement the
recommendations of the applicable reports of the cognizant
Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to
comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify
the Committees on Appropriations in writing within 5 days of
such determination, the basis for such determination and any
resulting changes to program and policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method
of family planning or to motivate or coerce any person to
practice abortions. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended,
may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or
provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for any biomedical research which relates in
whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the
President certifies that the use of these funds by any such
country or organization would violate any of the above
provisions related to abortions and involuntary
sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection
(b), funds appropriated by this Act under titles III through
V shall be made available in the amounts specifically
designated in the respective tables included in the joint
explanatory statement accompanying this Act: Provided, That
such designated amounts for foreign countries and
international organizations shall serve as the amounts for
such countries and international organizations transmitted to
Congress in the report required by section 653(a) of the
Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of
the United States
[[Page H1668]]
Agency for International Development, as applicable, may only
deviate up to 10 percent from the amounts specifically
designated in the respective tables included in the joint
explanatory statement accompanying this Act: Provided, That
such percentage may be exceeded only if the Secretary of
State and USAID Administrator, as applicable, determines and
reports to the Committees on Appropriations on a case-by-case
basis that such deviation is necessary to respond to
significant, exigent, or unforeseen events or to address
other exceptional circumstances directly related to the
national security interest of the United States: Provided
further, That deviations pursuant to the previous proviso
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that
are included, pursuant to subsection (a), in the report
required by section 653(a) of the Foreign Assistance Act of
1961, no deviations authorized by subsection (b) may take
place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables included in
the joint explanatory statement accompanying this Act;
(B) funds for which the initial period of availability has
expired;
(C) amounts designated by this Act as minimum funding
requirements; and
(D) funds made available for a country pursuant to sections
7043(c), 7047(d), and 7071(b) of this Act.
(2) The authority in subsection (b) to deviate below
amounts designated in the respective tables included in the
joint explanatory statement accompanying this Act shall not
apply to the table included under the heading ``Global Health
Programs'' in such explanatory statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the joint explanatory statement
accompanying this Act, subsection (b) shall be applied by
substituting ``5 percent'' for ``10 percent''.
(e) Reports.--The Secretary of State and the USAID
Administrator, as appropriate, shall submit the reports
required, in the manner described, in House Report 115-829,
Senate Report 115-282, and the joint explanatory statement
accompanying this Act, unless directed otherwise in such
explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department,
agency, or entity funded in titles I or II of this Act, and
the Department of the Treasury and independent agencies
funded in titles III or VI of this Act, shall take steps to
ensure that domestic and overseas representation and
entertainment expenses further official agency business and
United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or
otherwise made available by this Act under the headings
``International Military Education and Training'' or
``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions,
and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this
Act may be made available to any foreign government which
provides lethal military equipment to a country the
government of which the Secretary of State has determined
supports international terrorism for purposes of section 6(j)
of the Export Administration Act of 1979 as continued in
effect pursuant to the International Emergency Economic
Powers Act: Provided, That the prohibition under this
section with respect to a foreign government shall terminate
12 months after that government ceases to provide such
military equipment: Provided further, That this section
applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if
the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed
explanation of the assistance to be provided, the estimated
dollar amount of such assistance, and an explanation of how
the assistance furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign
operations, and related programs, shall not be made available
to any foreign government which the President determines--
(A) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding
section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15
of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
6212), and section 504(a)(1) of the National Security Act of
1947 (50 U.S.C. 3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at
the appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'', ``Assistance
for Europe, Eurasia and Central Asia'', and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; and for the development assistance accounts of the
United States Agency for International Development,
``program, project, and activity'' shall also be considered
to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on
Appropriations and report to such Committees within 15 days
of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds
appropriated or made available pursuant to titles III through
VI of this Act for direct assistance and none of the funds
otherwise made available to the Export-Import Bank and the
Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding
production of any commodity for export by any country other
than the United States, if the commodity is likely to be in
surplus on world markets at the time the resulting productive
capacity is expected to become operative and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the
Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United
States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this
subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign
Assistance Act of 1961 shall be available for any testing or
breeding feasibility study, variety improvement or
introduction, consultancy, publication, conference, or
training in connection with the growth or production in a
foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in
the United States: Provided, That this subsection shall not
prohibit--
[[Page H1669]]
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities
of the United States;
(2) research activities intended primarily to benefit
United States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not
eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a
consistent basis the agricultural commodity with respect to
which assistance is furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis,
or a complex emergency.
(c) International Financial Institutions.--The Secretary of
the Treasury shall instruct the United States executive
directors of the international financial institutions to use
the voice and vote of the United States to oppose any
assistance by such institutions, using funds appropriated or
made available by this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial
injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 under agreements which result in the generation of
local currencies of that country, the Administrator of the
United States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government which sets
forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so
deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor and
account for deposits into and disbursements from the separate
account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of
part II of the Foreign Assistance Act of 1961 (as the case
may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from
the separate account established pursuant to subsection
(a)(1) are used for the purposes agreed upon pursuant to
subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961
(as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes as may
be agreed to by the government of that country and the United
States Government.
(5) Report.--The USAID Administrator shall report as part
of the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies
for the administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and such
report shall include the amount of local currency (and United
States dollar equivalent) used or to be used for such purpose
in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of
law which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other
Act with respect to assistance for a country shall not be
construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'':
Provided, That before using the authority of this subsection
to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular
notification procedures, including a description of the
program to be assisted, the assistance to be provided, and
the reasons for furnishing such assistance: Provided
further, That nothing in this subsection shall be construed
to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2019, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Food for Peace Act (Public Law 83-480; 7 U.S.C.
1721 et seq.): Provided, That none of the funds appropriated
to carry out title I of such Act and made available pursuant
to this subsection may be obligated or expended except as
provided through the regular notification procedures of the
Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition
for Local Entities.--Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited
competitions through local entities if--
(1) prior to the determination to limit competition to
local entities, USAID has--
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included in such
competition; and
(B) documented the written results of the assessment and
decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined to be
responsible in accordance with USAID guidelines; and
(B) effective monitoring and evaluation systems are in
place to ensure that award funding is used for its intended
purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection
(a)(1), the USAID Administrator shall report to the
appropriate congressional committees not later than 45 days
after the end of fiscal year 2019 on all awards subject to
limited or no competition for local entities: Provided, That
such report shall be posted on the USAID website: Provided
further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source
awards to local entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2012 (division I of Public Law
112-74) shall continue in effect during fiscal year 2019.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of
the Treasury shall instruct the United States executive
director of each international financial institution to seek
to require that such institution adopts and implements a
publicly available policy, including the strategic use of
peer reviews and external experts, to conduct independent,
in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting
equitable economic growth, consistent with relevant
safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data
and objective analysis: Provided, That not later than 45
days after enactment of this Act, the Secretary shall submit
a report to the Committees on Appropriations on steps taken
in fiscal year 2018 by the United States executive directors
and the international financial institutions consistent with
this subsection compared to the previous fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan, grant,
policy, or strategy if such institution has adopted and is
implementing any social or environmental safeguard relevant
to such loan, grant, policy, or strategy that provides less
protection than World Bank safeguards in effect on September
30, 2015.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to vote against loans or other
financing for projects unless such projects--
(A) provide for accountability and transparency, including
the collection, verification
[[Page H1670]]
and publication of beneficial ownership information related
to extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance with
best practices regarding environmental conservation; cultural
protection; and empowerment of local populations, including
free, prior and informed consent of affected indigenous
communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under
title V of this Act may be made as payment to any
international financial institution while the United States
executive director to such institution is compensated by the
institution at a rate which, together with whatever
compensation such executive director receives from the United
States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule
under section 5315 of title 5, United States Code, or while
any alternate United States executive director to such
institution is compensated by the institution at a rate in
excess of the rate provided for an individual occupying a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to promote human rights
due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution in accordance with the criteria specified under
this subsection in Senate Report 115-282: Provided, That
prior to voting on any such loan, grant, policy, or strategy
the executive director shall consult with the Assistant
Secretary for Democracy, Human Rights, and Labor, Department
of State, if the executive director has reason to believe
that such loan, grant, policy, or strategy could result in
forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to promote in loan,
grant, and other financing agreements improvements in
borrowing countries' financial management and judicial
capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that such institution collects, verifies, and
publishes, to the maximum extent practicable, beneficial
ownership information (excluding proprietary information) for
any corporation or limited liability company, other than a
publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days
after enactment of this Act, the Secretary shall submit a
report to the Committees on Appropriations on steps taken in
fiscal year 2018 by the United States executive directors and
the international financial institutions consistent with this
subsection compared to the previous fiscal year.
(g) Whistleblower Protections.--The Secretary of the
Treasury shall instruct the United States executive director
of each international financial institution to seek to
require that each such institution is effectively
implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and
debt-for-nature exchanges, a nongovernmental organization
which is a grantee or contractor of the United States Agency
for International Development may place in interest bearing
accounts local currencies which accrue to that organization
as a result of economic assistance provided under title III
of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest
earned on such investment shall be used for the purpose for
which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-
Government Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have the
systems required to manage such assistance and any identified
vulnerabilities or weaknesses of such agency or ministry have
been addressed;
(ii) the recipient agency or ministry employs and utilizes
staff with the necessary technical, financial, and management
capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are in
place to ensure that such assistance is used for its intended
purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with the
principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed or
controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the government
of the recipient country have agreed, in writing, on clear
and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis;
and
(E) the recipient government is taking steps to protect the
rights of civil society, including freedoms of expression,
association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall
contain an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support,
and cash payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such
assistance, including a justification, or that such misuse
has been appropriately addressed.
(4) Submission of information.--The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2020 congressional budget justification
materials, amounts planned for assistance described in
paragraph (1) by country, proposed funding amount, source of
funds, and type of assistance.
(5) Report.--Not later than 90 days after enactment of this
Act and every 6 months thereafter until September 30, 2020,
the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance;
and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of
any foreign country for debt service payments owed by any
country to any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen
the ``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include
receipts and expenditures by ministry) and government
contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ``significant progress''
or ``no significant progress'' in meeting the minimum
requirements of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State
website: Provided, That the Secretary shall identify the
significant progress made by each such government to publicly
disclose national budget documentation, contracts, and
licenses which are additional to such information disclosed
in previous fiscal years, and include specific
recommendations of short- and long-term steps such government
should take to improve fiscal transparency: Provided
further, That the annual report shall include a detailed
description of how funds appropriated by this Act are being
used to improve fiscal transparency, and identify benchmarks
for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition
to funds otherwise available for such purposes: Provided
further, That a description of the uses of such funds shall
be included in the annual ``Fiscal Transparency Report''
required by paragraph (3).
(c) Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
[[Page H1671]]
(A) Officials of foreign governments and their immediate
family members about whom the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments and
their immediate family members about whom the Secretary has
such credible information without regard to whether the
individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if
entry into the United States would further important United
States law enforcement objectives or is necessary to permit
the United States to fulfill its obligations under the United
Nations Headquarters Agreement: Provided, That nothing in
paragraph (1) shall be construed to derogate from United
States Government obligations under applicable international
agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver
would serve a compelling national interest or that the
circumstances which caused the individual to be ineligible
have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found
ineligible in the previous 12 months pursuant to paragraph
(1)(A) as well as the individuals who the Secretary
designated or identified pursuant to paragraph (1)(B), or who
would be ineligible but for the application of paragraph (2),
a list of any waivers provided under paragraph (3), and the
justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States
pertaining to the issuance or refusal of visas or permits to
enter the United States shall not be considered confidential.
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008
(Public Law 110-246; 122 Stat. 2052) and the amendments made
by such section, and to prevent the sale of conflict
diamonds, and provide technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury website, that it is
the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments as
required by United States law, and unless such government has
adopted laws, regulations, or procedures in the sector in
which assistance is being considered for--
(i) accurately accounting for and public disclosure of
payments to the host government by companies involved in the
extraction and export of natural resources;
(ii) the independent auditing of accounts receiving such
payments and public disclosure of the findings of such
audits; and
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or disclosure
for the redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(B) The requirements of subparagraph (A) shall not apply to
assistance for the purpose of building the capacity of such
government to meet the requirements of this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this
Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be
made available to support the provision of additional
information on United States Government foreign assistance on
the Department of State foreign assistance website:
Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon
request, to the Department of State.
democracy programs
Sec. 7032. (a) Funding.--
(1) In general.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``International Narcotics
Control and Law Enforcement'', not less than $2,400,000,000
shall be made available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant
to paragraph (1), not less than $89,540,000 shall be made
available to the Bureau of Democracy, Human Rights, and
Labor, Department of State, at not less than the amounts
specified for certain countries and regional programs
designated in the table under this section in the joint
explanatory statement accompanying this Act.
(b) Authorities.--
(1) Funds made available by this Act for democracy programs
pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available
notwithstanding any other provision of law, and with regard
to the National Endowment for Democracy (NED), any
regulation.
(2) Funds made available by this Act for the NED are made
available pursuant to the authority of the National Endowment
for Democracy Act (title V of Public Law 98-164), including
all decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of
funds appropriated by this Act, the term ``democracy
programs'' means programs that support good governance,
credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor
rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political
parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of
democratic states and institutions that are responsive and
accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant
to this section that are made available for programs to
strengthen government institutions shall be prioritized for
those institutions that demonstrate a commitment to democracy
and the rule of law, as determined by the Secretary of State
or the Administrator of the United States Agency for
International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the
provision of assistance for democracy programs in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and the participants in such
programs shall not be subject to the prior approval by the
government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID
Administrator, shall report to the Committees on
Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State
and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall
continue to implement civil society and political competition
and consensus building programs abroad with funds
appropriated by this Act in a manner that recognizes the
unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this
paragraph shall be construed to affect the ability of any
entity, including United States small businesses, from
competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(g) Informing the National Endowment for Democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID,
shall regularly inform the National Endowment for Democracy
of democracy programs that are planned and supported by funds
made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs.
(h) Protection of Civil Society Activists and
Journalists.--Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Democracy Fund'',
not less than $15,000,000 shall be made available to support
and protect civil society activists and journalists who have
been threatened, harassed, or attacked, consistent with the
action plan submitted pursuant to, and on the same terms and
conditions of, section 7032(i) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141).
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and
Special Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for
the Office of International Religious Freedom, Bureau of
Democracy, Human Rights, and Labor, Department of State, and
the Special Envoy to Promote Religious Freedom of Religious
Minorities in the Near East and South Central Asia, as
authorized in the Near East and South Central Asia Religious
Freedom Act of 2014 (Public Law 113-161), including for
support staff at not less than the amounts specified for such
offices in the table under such heading in the joint
explanatory statement accompanying this Act.
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic Programs'' and designated for the Office of
International Religious Freedom shall be made available for
the development and implementation of an international
religious freedom curriculum in accordance with section
708(a)(2) of the Foreign Service Act of 1980 (22 U.S.C.
4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund, not
less than $10,000,000 shall be made available for
international religious freedom programs: Provided, That the
Ambassador-at-Large for International Religious Freedom shall
consult with the Committees on Appropriations on the uses of
such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act
[[Page H1672]]
under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for programs to protect
vulnerable and persecuted religious minorities: Provided,
That a portion of such funds shall be made available for
programs to investigate the persecution of such minorities by
governments and non-state actors and for the public
dissemination of information collected on such persecution,
including on the Department of State website.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available
for humanitarian assistance for vulnerable and persecuted
religious minorities, including victims of genocide
designated by the Secretary of State and other groups that
have suffered crimes against humanity and ethnic cleansing,
to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian
assistance;
(B) enhance protection of conflict victims, including those
facing a dire humanitarian crisis and severe persecution
because of their faith or ethnicity;
(C) improve access to secure locations for obtaining
humanitarian and resettlement services; and
(D) build resilience and help reestablish livelihoods for
displaced and persecuted persons in their communities of
origin.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are
made available for the Relief and Recovery Fund, not less
than $5,000,000 shall be made available to support
transitional justice, reconciliation, and reintegration
programs for vulnerable and persecuted religious minorities,
including in the Middle East and North Africa regions:
Provided, That such funds shall be matched, to the maximum
extent practicable, from sources other than the United States
Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this
Act under the heading ``Broadcasting Board of Governors,
International Broadcasting Operations'' shall be made
available for programs related to international religious
freedom, including reporting on the condition of vulnerable
and persecuted religious groups.
(d) Funding Clarification.--
(1) Funds made available pursuant to subsection (b) are in
addition to amounts otherwise made available for such
purposes.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the heading ``Economic
Support Fund'' may be made available notwithstanding any
other provision of law for assistance for ethnic and
religious minorities in Iraq and Syria.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and
Displaced Burmese.--Funds appropriated in titles III and VI
of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 shall be
made available for forensic anthropology assistance related
to the exhumation and identification of victims of war
crimes, crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs for
assistance for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'', not
less than $5,000,000 shall be made available for programs to
prevent atrocities, including to implement recommendations of
the Atrocities Prevention Board, or any successor entity:
Provided, That the Under Secretary for Civilian Security,
Democracy, and Human Rights, Department of State, shall be
responsible for providing the strategic policy direction for,
and policy oversight of, funds made available pursuant to
this subsection to the Bureaus of International Narcotics and
Law Enforcement Affairs and Democracy, Human Rights, and
Labor, Department of State: Provided further, That funds
made available pursuant to this subsection are in addition to
amounts otherwise made available for such purposes: Provided
further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and
Central Asia'' shall be made available to carry out the
Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union as authorized
by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
under the headings ``Economic Support Fund'' and ``Assistance
for Europe, Eurasia and Central Asia'' may be made available
as contributions to establish and maintain memorial sites of
genocide, subject to the regular notification procedures of
the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d),
including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural
Antiquities Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2019: Provided
further, That for purposes of this paragraph the term
``innovation incentive award'' means the provision of funding
on a competitive basis that--
(A) encourages and rewards the development of solutions for
a particular, well-defined problem related to the alleviation
of poverty; or
(B) helps identify and promote a broad range of ideas and
practices facilitating further development of an idea or
practice by third parties.
(5) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange
Visitor Program administered by the Department of State to
implement the Mutual Educational and Cultural Exchange Act of
1961, as amended, (Public Law 87-256; 22 U.S.C. 2451 et
seq.), except through the formal rulemaking process pursuant
to the Administrative Procedure Act and notwithstanding the
exceptions to such rulemaking process in such Act: Provided,
That funds made available for such purpose shall only be made
available after consultation with, and subject to the regular
notification procedures of, the Committees on Appropriations,
regarding how any proposed modification would affect the
public diplomacy goals of, and the estimated economic impact
on, the United States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division
N of Public Law 115-31; 22 U.S.C. 254a note) shall be
provided to the Committees on Appropriations.
(7) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2021: Provided, That funds made
available pursuant to this paragraph may only be made
available following prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(f) Partner Vetting.--Prior to initiating a partner vetting
program, or making significant changes to the scope of an
existing partner vetting program, the Secretary of State and
USAID Administrator, as appropriate, shall consult with the
Committees on Appropriations.
(g) Contingencies.--During fiscal year 2019, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any
other provision of law.
(h) International Child Abductions.--The Secretary of State
should withhold funds appropriated under title III of this
Act for assistance for the central government of any country
that is not taking appropriate steps to comply with the
Convention on the Civil Aspects of International Child
Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Cultural Preservation Project Determination.--None of
the funds appropriated in titles I and III of this Act may be
used for the preservation of religious sites unless the
Secretary of State or the USAID Administrator, as
appropriate, determines and reports to the Committees on
Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of
the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national
interest of the United States.
(j) Transfer of Funds for Extraordinary Protection.--The
Secretary of State may transfer to, and merge with, funds
under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds
appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2019, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, at no later than the end of the
fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated:
Provided, That not more than $50,000,000 may be transferred.
[[Page H1673]]
(k) Authority to Counter Extremism.--Funds made available
by this Act under the heading ``Economic Support Fund'' to
counter extremism may be made available notwithstanding any
other provision of law restricting assistance to foreign
countries, except sections 502B and 620A of the Foreign
Assistance Act of 1961: Provided, That the use of the
authority of this subsection shall be subject to prior
consultation with the appropriate congressional committees,
and the regular notification procedures of the Committees on
Appropriations.
(l) Protections and Remedies for Employees of Diplomatic
Missions and International Organizations.--Section 7034(k) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall continue in effect during fiscal year 2019.
(m) Extension of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2019'' for ``September 30,
2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) shall remain in effect through
September 30, 2019.
(3) USAID civil service annuitant waiver.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ``September 30,
2019'' for ``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the
Supplemental Appropriations Act, 2009 (Public Law 111-32)
shall remain in effect through September 30, 2019.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009 (Public Law 111-32)) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds of
the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such member
under section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and 2018'' and
inserting ``2018, and 2019''; and
(ii) in subsection (e), by striking ``2018'' each place it
appears and inserting ``2019''; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2018'' and inserting ``2019''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental
Appropriations Act, 2010 (Public Law 111-212) shall remain in
effect through September 30, 2019.
(7) Accountability review boards.--The authority provided
by section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain
in effect for facilities in Afghanistan through September 30,
2019, except that the notification and reporting requirements
contained in such section shall include the Committees on
Appropriations.
(8) Special inspector general for afghanistan
reconstruction competitive status.--Notwithstanding any other
provision of law, any employee of the Special Inspector
General for Afghanistan Reconstruction (SIGAR) who completes
at least 12 months of continuous service after the date of
enactment of this Act or who is employed on the date on which
SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the
competitive service for which the employee possesses the
required qualifications.
(9) Transfer of balances.--Section 7081(h) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31)
shall continue in effect during fiscal year 2019.
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State
may waive the provisions of subsections (a) through (d) of
section 824 of the Foreign Service Act of 1980 (22 U.S.C.
4064) on a case-by-case basis for an annuitant reemployed by
the Inspector General on a temporary basis, subject to the
same constraints and in the same manner by which the
Secretary of State may exercise such waiver authority
pursuant to subsection (g) of such section.
(11) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by striking
``September 30, 2019'' and inserting ``September 30, 2023'';
and
(B) in the second proviso, by striking ``September 30,
2019'' and inserting ``September 30, 2023''.
(n) Monitoring and Evaluation.--Funds appropriated by this
Act that are available for monitoring and evaluation of
assistance under the headings ``Development Assistance'',
``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available
for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such
assistance: Provided, That the Department of State and USAID
shall establish procedures for implementing partners that
receive funds under such headings for regularly collecting
and responding to such feedback, informing the Department of
State and USAID of such procedures, and reporting to the
Department of State and USAID on actions taken in response to
the feedback received: Provided further, That the Department
of State and USAID shall regularly conduct oversight to
ensure that such feedback is regularly collected and used by
implementing partners to maximize the cost-effectiveness and
utility of such assistance.
(o) HIV/AIDS Working Capital Fund.--Funds available in the
HIV/AIDS Working Capital Fund established pursuant to section
525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-
447) may be made available for pharmaceuticals and other
products for child survival, malaria, and tuberculosis to the
same extent as HIV/AIDS pharmaceuticals and other products,
subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the
Foreign Operations, Export Financing, and Related Programs
Appropriation Act, 2005 (Public Law 108-447) shall be
exercised by the Assistant Administrator for Global Health,
USAID, with respect to funds deposited for such non-HIV/AIDS
pharmaceuticals and other products, and shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of
State shall include in the congressional budget justification
an accounting of budgetary resources, disbursements,
balances, and reimbursements related to such fund.
(p) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe,
Eurasia and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be made available for
the costs, as defined in section 502 of the Congressional
Budget Act of 1974, of loan guarantees for Egypt, Jordan,
Tunisia, and Ukraine, which are authorized to be provided:
Provided, That amounts made available under this paragraph
for the costs of such guarantees shall not be considered
assistance for the purposes of provisions of law limiting
assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for
the Department of State, foreign operations, and related
programs that were previously designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by
the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of such
Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate
congressional committees, and subject to the regular
notification procedures of the Committees on Appropriations.
(q) Local Works.--
(1) Of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'', not less than $50,000,000 shall be made available for
Local Works pursuant to section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
which may remain available until September 30, 2023.
(2) For the purposes of section 7080 of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235),
``eligible entities'' shall be defined as small local,
international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000
from USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may
be considered individually in determining such eligibility.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees
on Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House
of Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the
term ``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs'' means funds that remain
available for obligation, and have not expired.
(3) International financial institutions.--In this Act
``international financial institutions'' means the
International Bank for Reconstruction and Development, the
International Development Association, the International
Finance Corporation, the Inter-American Development Bank, the
International Monetary Fund, the International Fund for
Agricultural Development, the Asian Development Fund, the
Inter-American Investment Corporation, the North American
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, the African
Development Fund, and the Multilateral Investment Guarantee
Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for
the Department of State, foreign operations, and related
[[Page H1674]]
programs shall be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior
to the 2013 division of Southern Kordofan.
(5) USAID.--In this Act, the term ``USAID'' means the
United States Agency for International Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for measuring
progress, and a timeline for achieving such goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or planned
programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) United states agency for global media.--References to
the ``Broadcasting Board of Governors, International
Broadcasting Operations'' account in any provision of law
shall be construed to include the ``United States Agency for
Global Media'' account in Acts making appropriations for the
Department of State, foreign operations, and related
programs: Provided, That references to the ``Broadcasting
Board of Governors'' or ``BBG'' in this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs shall be construed to
include the ``United States Agency for Global Media'' or
``USAGM''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of
Israel and find concrete steps to demonstrate that opposition
by, for example, taking into consideration the participation
of any recipient country in the boycott when determining to
sell weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary
of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-
existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism and
terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate security
organizations; and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways
in the area; and
(E) a framework for achieving a just settlement of the
refugee problem.
(b) Sense of Congress.--It is the sense of Congress that
the governing entity should enact a constitution assuring the
rule of law, an independent judiciary, and respect for human
rights for its citizens, and should enact other laws and
regulations assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national
security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing
entity, in order to help meet the requirements of subsection
(a), consistent with the provisions of section 7040 of this
Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or
agency of the United States Government for the purpose of
conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any
successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional
space for the existing Consulate General in Jerusalem:
Provided further, That meetings between officers and
employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing
entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should
continue to take place in locations other than Jerusalem:
Provided further, That as has been true in the past, officers
and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2019, 30 days
prior to the initial obligation of funds for the bilateral
West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures
have been established to assure the Comptroller General of
the United States will have access to appropriate United
States financial information in order to review the uses of
United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual,
private or government entity, or educational institution that
the Secretary knows or has reason to believe advocates,
plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of
a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish
procedures specifying the steps to be taken in carrying out
this subsection and shall terminate assistance to any
individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating
terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism;
and
(B) any educational institution located in the West Bank or
Gaza that is named after an individual who the Secretary of
State determines has committed an act of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and
Gaza and reports on the extent of Palestinian compliance with
such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the West
Bank and Gaza Program, are conducted at least on an annual
basis to ensure, among other things, compliance with this
section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds
are in addition to funds otherwise available for such
purposes.
(e) Comptroller General of the United States Audit.--
Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an
audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza
Program, including all funds provided as cash transfer
assistance, in fiscal year 2019 under the heading ``Economic
Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
[[Page H1675]]
(f) Notification Procedures.--Funds made available in this
Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961
may be obligated or expended with respect to providing funds
to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations
that waiving such prohibition is important to the national
security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a
period of 6 months at a time and shall not apply beyond 12
months after the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the
funds will be spent, and the accounting procedures in place
to ensure that the funds are properly disbursed: Provided,
That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior
to the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside
of the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll, and
the Palestinian Authority is acting to counter incitement of
violence against Israelis and is supporting activities aimed
at promoting peace, coexistence, and security cooperation
with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as
amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act
of 1961, as amended: Provided, That the report shall also
detail the amount, purposes and delivery mechanisms for any
assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection
and section 620M of the Foreign Assistance Act of 1961, and
may only be made available for assistance for the Government
of Egypt if the Secretary of State certifies and reports to
the Committees on Appropriations that such government is--
(A) sustaining the strategic relationship with the United
States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', up to $112,500,000 may
be made available for assistance for Egypt, of which not less
than $35,000,000 should be made available for higher
education programs including not less than $10,000,000 for
scholarships for Egyptian students with high financial need
to attend not-for-profit institutions of higher education:
Provided, That such funds shall be made available for
democracy programs, and for development programs in the
Sinai: Provided further, That such funds may not be made
available for cash transfer assistance or budget support
unless the Secretary of State certifies and reports to the
appropriate congressional committees that the Government of
Egypt is taking consistent and effective steps to stabilize
the economy and implement market-based economic reforms.
(B) Withholding.--The Secretary of State shall withhold
from obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for Egypt,
an amount of such funds that the Secretary determines to be
equivalent to that expended by the United States Government
for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy-related trials in Egypt
until the Secretary certifies and reports to the Committees
on Appropriations that the Government of Egypt has dismissed
the convictions issued by the Cairo Criminal Court on June 4,
2013, in ``Public Prosecution Case No. 1110 for the Year
2012'', and has not subjected the defendants to further
prosecution or if convicted they have been granted full
pardons.
(C) Limitation.--None of the funds appropriated by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the
heading ``Economic Support Fund'' may be made available for a
contribution, voluntary or otherwise, to the ``Civil
Associations and Foundations Support Fund'', or any similar
fund, established pursuant to Law 70 on Associations and
Other Foundations Working in the Field of Civil Work
published in the Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', up
to $1,300,000,000, to remain available until September 30,
2020, may be made available for assistance for Egypt:
Provided, That such funds may be transferred to an interest
bearing account in the Federal Reserve Bank of New York,
following consultation with the Committees on Appropriations:
Provided further, That $300,000,000 of such funds shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Egypt is taking sustained and
effective steps to--
(i) advance democracy and human rights in Egypt, including
to govern democratically and protect religious minorities and
the rights of women, which are in addition to steps taken
during the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms of expression,
association, and peaceful assembly, including the ability of
civil society organizations, human rights defenders, and the
media to function without interference;
(iii) release political prisoners and provide detainees
with due process of law;
(iv) hold Egyptian security forces accountable, including
officers credibly alleged to have violated human rights;
(v) investigate and prosecute cases of extrajudicial
killings and forced disappearances; and
(vi) provide regular access for United States officials to
monitor such assistance in areas where the assistance is
used:
Provided further, That the certification requirement of
this paragraph shall not apply to funds appropriated by this
Act under such heading for counterterrorism, border security,
and nonproliferation programs for Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the national
security interest of the United States, and submits a report
to such Committees containing a detailed justification for
the use of such waiver and the reasons why any of the
requirements of subparagraph (A) cannot be met, and including
an assessment of the compliance of the Government of Egypt
with United Nations Security Council Resolution 2270 and
other such resolutions regarding North Korea: Provided, That
the report required by this paragraph shall be submitted in
unclassified form, but may be accompanied by a classified
annex.
(4) Oversight requirement.--The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult
with the Committees on Appropriations on any plan to
restructure military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'',
and ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State--
(A) to support the United States policy to prevent Iran
from achieving the capability to produce or otherwise obtain
a nuclear weapon;
(B) to support an expeditious response to any violation of
United Nations Security Council Resolutions or to efforts
that advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and ballistic
missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by
the Assistant Secretary for Near Eastern Affairs, Department
of State, in consultation with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
[[Page H1676]]
(2) Continuation of prohibition.--The terms and conditions
of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect
during fiscal year 2019.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State shall
submit to the Committees on Appropriations the semi-annual
report required by section 135 of the Atomic Energy Act of
1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the
Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
17).
(B) Sanctions report.--Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of the Treasury, shall submit
to the appropriate congressional committees a report on the
status of the implementation and enforcement of bilateral
United States and multilateral sanctions against Iran and
actions taken by the United States and the international
community to enforce such sanctions against Iran: Provided,
That the report shall also include any entities involved in
providing significant support for the development of a
ballistic missile by the Government of Iran after October 1,
2015, including shipping and financing, and note whether such
entities are currently under United States sanctions:
Provided further, That such report shall be submitted in an
unclassified form, but may contain a classified annex if
necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV
of this Act shall be made available for assistance for Iraq
for--
(A) bilateral economic assistance and international
security assistance, including for the Marla Ruzicka Iraqi
War Victims Fund;
(B) stabilization assistance at not less than the amounts
specified for such purpose in the table under this subsection
in the joint explanatory statement accompanying this Act;
(C) humanitarian assistance, including in the Kurdistan
Region of Iraq; and
(D) programs to protect and assist religious and ethnic
minority populations in Iraq.
(2) Basing rights agreement.--None of the funds
appropriated or otherwise made available by this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States
and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under
titles III and IV, not less than $1,525,000,000 shall be made
available for assistance for Jordan, of which: not less than
$1,082,400,000 shall be made available under the heading
``Economic Support Fund'', of which not less than
$745,100,000 shall be made available for budget support for
the Government of Jordan; and not less than $425,000,000
shall be made available under the heading ``Foreign Military
Financing Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF or
the LAF is controlled by a foreign terrorist organization, as
designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for Lebanon may be made
available for programs and equipment for the ISF and the LAF
to address security and stability requirements in areas
affected by the conflict in Syria, following consultation
with the appropriate congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are
available for assistance for Lebanon may be made available
notwithstanding section 1224 of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border
security and combat terrorism, including training and
equipping the LAF to secure Lebanon's borders, interdicting
arms shipments, preventing the use of Lebanon as a safe haven
for terrorist groups, and to implement United Nations
Security Council Resolution 1701: Provided, That funds may
not be obligated for assistance for the LAF until the
Secretary of State submits to the Committees on
Appropriations a spend plan, including actions to be taken to
ensure equipment provided to the LAF is only used for the
intended purposes, except such plan may not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act
of 1961, and shall be submitted not later than September 1,
2019: Provided further, That any notification submitted
pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization
assistance for Libya, including border security: Provided,
That the limitation on the uses of funds for certain
infrastructure projects in section 7041(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76)
shall apply to such funds.
(2) Certification.--Prior to the initial obligation of
funds made available by this Act for assistance for Libya,
the Secretary of State shall certify and report to the
Committees on Appropriations that all practicable steps have
been taken to ensure that mechanisms are in place for
monitoring, oversight, and control of such funds.
(3) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds
appropriated by this Act may be made available for assistance
for the central Government of Libya unless the Secretary of
State certifies and reports to the Committees on
Appropriations that such government is cooperating with
United States Government efforts to investigate and bring to
justice those responsible for the attack on United States
personnel and facilities in Benghazi, Libya in September
2012: Provided, That the limitation in this paragraph shall
not apply to funds made available for the purpose of
protecting United States Government personnel or facilities.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made
available for assistance for the Western Sahara: Provided,
That not later than 90 days after enactment of this Act and
prior to the obligation of such funds, the Secretary of
State, in consultation with the USAID Administrator, shall
consult with the Committees on Appropriations on the proposed
uses of such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may
only be used for the purposes requested in the Congressional
Budget Justification, Foreign Operations, Fiscal Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45
days after enactment of this Act, the Secretary of State,
after consultation with the United Nations High Commissioner
for Refugees and the Executive Director of the World Food
Programme, shall submit a report to the Committees on
Appropriations describing steps taken to strengthen
monitoring of the delivery of humanitarian assistance
provided for refugees in North Africa, including any steps
taken to ensure that all vulnerable refugees are receiving
such assistance.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall
be made available, notwithstanding any other provision of
law, for non-lethal stabilization assistance for Syria, of
which not less than $7,000,000 shall be made available for
emergency medical and rescue response and chemical weapons
use investigations.
(2) Syrian organizations.--Funds appropriated by this Act
that are made available for assistance for Syria shall be
made available, on an open and competitive basis, to continue
to strengthen the capability of Syrian civil society
organizations to address the immediate and long-term needs of
the Syrian people in Syria in a manner that supports the
sustainability of such organizations in implementing Syrian-
led humanitarian and development programs: Provided, That
funds made available by this paragraph shall be administered
by the Bureau for Democracy, Human Rights, and Labor,
Department of State.
(3) Limitations.--Funds made available pursuant to
paragraph (1) of this subsection--
(A) may not be made available for a project or activity
that supports or otherwise legitimizes the Government of
Iran, foreign terrorist organizations (as designated pursuant
to section 219 of the Immigration and Nationality Act (8
U.S.C. 1189)), or a proxy of Iran in Syria; and
(B) should not be used in areas of Syria controlled by a
government led by Bashar al-Assad or associated forces.
(4) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for
assistance for Syria, the Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of such assistance inside
Syria.
(5) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III
and IV of this Act, not less than $191,400,000 shall be made
available for assistance for Tunisia.
(k) West Bank and Gaza.--
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the West Bank
and Gaza, the Secretary of State shall report to the
Committees on Appropriations that the purpose of such
assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available
for assistance for the Palestinian Authority, if after the
date of enactment of this Act--
(I) the Palestinians obtain the same standing as member
states or full membership as a state in the United Nations or
any specialized agency thereof outside an agreement
negotiated between Israel and the Palestinians; or
[[Page H1677]]
(II) the Palestinians initiate an International Criminal
Court (ICC) judicially authorized investigation, or actively
support such an investigation, that subjects Israeli
nationals to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the restriction in
clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do so
is in the national security interest of the United States,
and submits a report to such Committees detailing how the
waiver and the continuation of assistance would assist in
furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the
Senate, and the appropriate congressional committees that the
Palestinians have not, after the date of enactment of this
Act--
(I) obtained in the United Nations or any specialized
agency thereof the same standing as member states or full
membership as a state outside an agreement negotiated between
Israel and the Palestinians; and
(II) initiated or actively supported an ICC investigation
against Israeli nationals for alleged crimes against
Palestinians.
(ii) Not less than 90 days after the President is unable to
make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of Public
Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on
Appropriations that the Palestinians have entered into direct
and meaningful negotiations with Israel: Provided, That any
waiver of the provisions of section 1003 of Public Law 100-
204 under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under the
preceding sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after the enactment of this
Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian
Authority by an amount the Secretary determines is equivalent
to the amount expended by the Palestinian Authority, the
Palestine Liberation Organization, and any successor or
affiliated organizations with such entities as payments for
acts of terrorism by individuals who are imprisoned after
being fairly tried and convicted for acts of terrorism and by
individuals who died committing acts of terrorism during the
previous calendar year: Provided, That the Secretary shall
report to the Committees on Appropriations on the amount
reduced for fiscal year 2019 prior to the obligation of funds
for the Palestinian Authority.
(4) Private sector partnership programs.--Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for private sector partnership
programs for the West Bank and Gaza if such funds are
authorized: Provided, That funds made available pursuant to
this paragraph shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter
incitement of violence against Israelis and to promote peace
and coexistence with Israel.
(l) Yemen.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for
stabilization assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance
Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for
the central government of a country in the African Great
Lakes region may be made available only for Expanded
International Military Education and Training and
professional military education until the Secretary of State
determines and reports to the Committees on Appropriations
that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring
country, including aiding and abetting armed groups.
(b) Central African Republic.--Funds made available by this
Act for assistance for the Central African Republic shall be
made available for reconciliation and peacebuilding programs,
including activities to promote inter-faith dialogue at the
national and local levels, and for programs to prevent crimes
against humanity.
(c) Counter Lord's Resistance Army.--Funds appropriated by
this Act shall be made available for programs and activities
in areas affected by the Lord's Resistance Army (LRA)
consistent with the goals of the Lord's Resistance Army
Disarmament and Northern Uganda Recovery Act of 2009 (Public
Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization,
and reintegration of former LRA combatants, especially child
soldiers.
(d) Lake Chad Basin Countries.--Funds appropriated under
titles III and IV of this Act shall be made available,
following consultation with the Committees on Appropriations,
for assistance for Cameroon, Chad, Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign
terrorist and other extremist organizations, including Boko
Haram, consistent with the provisions of section 7059 of this
Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(e) Malawi.--Of the funds appropriated by this Act under
the heading ``Development Assistance'', not less than
$56,000,000 shall be made available for assistance for
Malawi, of which up to $10,000,000 shall be made available
for higher education programs.
(f) South Sudan.--Funds appropriated by this Act that are
made available for assistance for the central Government of
South Sudan may only be made available, following
consultation with the Committees on Appropriations, for--
(1) humanitarian assistance;
(2) health programs, including to prevent, detect, and
respond to the Ebola virus disease;
(3) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(4) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such agreement:
Provided, That of the funds appropriated by this Act for
assistance for South Sudan, not less than $7,000,000 shall be
made available for conflict mitigation and reconciliation
programs: Provided further, That prior to the initial
obligation of funds made available pursuant to paragraphs (3)
and (4), the Secretary of State shall consult with the
Committees on Appropriations on the intended uses of such
funds and steps taken by such government to advance or
implement a peace agreement.
(g) Sudan.--
(1) Limitations.--
(A) Assistance.--Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(B) Loans.--None of the funds appropriated by this Act may
be made available for the cost, as defined in section 502 of
the Congressional Budget Act of 1974, of modifying loans and
loan guarantees held by the Government of Sudan, including
the cost of selling, reducing, or canceling amounts owed to
the United States, and modifying concessional loans,
guarantees, and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and
populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement, mutual
arrangements related to post-referendum issues associated
with such Agreement, or any other internationally recognized
viable peace agreement in Sudan.
(h) Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant
to the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary of State
certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as
required in paragraph (1), and funds may be made available
for macroeconomic growth assistance if the Secretary reports
to the Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance
for Burma may be made available notwithstanding any other
provision of law, except for this subsection, and following
consultation with the appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of this Act
for assistance for Burma--
(i) shall be made available to strengthen civil society
organizations in Burma and for programs to strengthen
independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this Act under
the heading ``Migration and Refugee Assistance'';
(iii) shall be made available for programs to promote
ethnic and religious tolerance and to
[[Page H1678]]
combat gender-based violence, including in Rakhine, Shan,
Kachin, and Karen states;
(iv) shall be made available to promote rural economic
development in Burma, including through microfinance
programs;
(v) shall be made available to increase opportunities for
foreign direct investment by strengthening the rule of law,
transparency, and accountability;
(vi) shall be made available for programs to investigate
and document allegations of ethnic cleansing and other gross
violations of human rights committed against the Rohingya
people in Rakhine state: Provided, That such sums shall be
in addition to funds otherwise made available for such
purposes;
(vii) shall be made available for programs to investigate
and document allegations of gross violations of human rights
committed in Burma, particularly in areas of conflict; and
(viii) may be made available for ethnic groups and civil
society in Burma to help sustain ceasefire agreements and
further prospects for reconciliation and peace, which may
include support to representatives of ethnic armed groups for
this purpose.
(C) Limitations.--Funds appropriated under title III of
this Act for assistance for Burma--
(i) may not be made available to any individual or
organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that advocates
violence against ethnic or religious groups or individuals in
Burma;
(ii) may not be made available to any organization or
entity controlled by the armed forces of Burma;
(iii) may only be made available for programs to support
the return of Rohingya, Karen, and other refugees and
internally displaced persons to their locations of origin or
preference in Burma if such returns are voluntary and
consistent with international law; and
(iv) may only be made available for assistance for the
Government of Burma to support the implementation of
Nationwide Ceasefire Agreement conferences, committees, and
other procedures if the Secretary of State reports to the
Committees on Appropriations that such procedures are
directed toward a sustainable peace and the Government of
Burma is implementing its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Programs and responsibilities.--
(A) Any new program or activity in Burma initiated in
fiscal year 2019 shall be subject to prior consultation with
the appropriate congressional committees.
(B) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that are
made available for assistance for the Government of Cambodia,
except for health programs, may be obligated or expended
unless the Secretary of State certifies and reports to the
Committees on Appropriations that such Government is taking
effective steps to--
(i) strengthen regional security and stability,
particularly regarding territorial disputes in the South
China Sea and the enforcement of international sanctions with
respect to North Korea; and
(ii) respect the rights and responsibilities enshrined in
the Constitution of the Kingdom of Cambodia as enacted in
1993, including through the--
(I) restoration of the civil and political rights of the
opposition Cambodia National Rescue Party, media, and civil
society organizations;
(II) restoration of all elected officials to elected
offices held prior to the July 2018 parliamentary elections;
and
(III) release of all political prisoners, including
journalists, civil society activists, and members of the
opposition political party.
(B) Funds appropriated under title III of this Act for
assistance for Cambodia shall be made available for--
(i) democracy programs, including research and education
programs associated with the Khmer Rouge in Cambodia, except
that no funds for such purposes may be made available to the
Extraordinary Chambers in the Court of Cambodia; and
(ii) programs in the Khmer language to counter the
influence of the People's Republic of China in Cambodia.
(2) Visa restriction.--Funds appropriated under title I of
this Act shall be made available to continue to implement the
policy announced by the Department of State on December 6,
2017, to restrict the issuance of visas to enter the United
States to individuals involved in undermining democracy in
Cambodia, including the family members of such individuals,
as appropriate: Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the implementation of such policy.
(c) Indo-Pacific Strategy.--Of the funds appropriated by
this Act, not less than $160,000,000 shall be made available
to support the implementation of the Indo-Pacific Strategy:
Provided, That such funds are in addition to amounts
otherwise made available for such purposes.
(d) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may be
made available for assistance for the central government of a
country the Secretary of State determines and reports to the
appropriate congressional committees engages in significant
transactions contributing materially to the malicious cyber-
intrusion capabilities of the Government of North Korea:
Provided, That the Secretary of State shall submit the report
required by section 209 of the North Korea Sanctions and
Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C.
9229), as amended, to the Committees on Appropriations in the
manner described in subparagraph (2)(A) of such section:
Provided further, That the Secretary of State may waive the
application of the restriction in this paragraph with respect
to assistance for the central government of a country if the
Secretary determines and reports to the appropriate
congressional committees that to do so is important to the
national security interest of the United States, including a
description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(4) Human rights promotion, database, and limitation on use
of funds.--
(A) Human rights promotion.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``Democracy
Fund'' shall be made available for the promotion of human
rights in North Korea: Provided, That the authority of
section 7032(b) of this Act shall apply to such funds.
(B) Database.--Funds appropriated by this Act under title
III shall be made available to maintain a database of prisons
and gulags in North Korea, in accordance with section 7032(i)
of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2014 (division K of Public Law
113-76).
(C) Limitation.--None of the funds made available by this
Act under the heading ``Economic Support Fund'' may be made
available for assistance for the Government of North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in
this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin
(including commercial satellites and satellite components) to
the People's Republic of China (PRC) unless, at least 15 days
in advance, the Committees on Appropriations are notified of
such proposed action.
(2) People's liberation army.--The terms and requirements
of section 620(h) of the Foreign Assistance Act of 1961 shall
apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is
owned or controlled by, or an affiliate of, the PLA.
(3) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by this
Act for the promotion of democracy in the PRC, except for
funds made available under subsection (g), shall be the
responsibility of the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
(B) Notification.--Funds appropriated by this Act that are
made available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(f) Philippines.--None of the funds appropriated by this
Act under the heading ``International Narcotics Control and
Law Enforcement'' may be made available for counternarcotics
assistance for the Philippines, except for drug demand
reduction, maritime law enforcement, or transnational
interdiction.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice
and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan
people and respect Tibetan culture and traditions, and are
subject to effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$8,000,000 shall be made available to nongovernmental
organizations to support activities which
[[Page H1679]]
preserve cultural traditions and promote sustainable
development, education, and environmental conservation in
Tibetan communities in the Tibet Autonomous Region and in
other Tibetan communities in China.
(B) India and nepal.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', not less than
$6,000,000 shall be made available for programs to promote
and preserve Tibetan culture, development, and the resilience
of Tibetan communities in India and Nepal, and to assist in
the education and development of the next generation of
Tibetan leaders from such communities: Provided, That such
funds are in addition to amounts made available in
subparagraph (A) for programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less
than $3,000,000 shall be made available for programs to
strengthen the capacity of Tibetan institutions and
governance.
(h) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and
may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $12,500,000 shall be made
available for health and disability programs in areas sprayed
with Agent Orange and otherwise contaminated with dioxin, to
assist individuals with severe upper or lower body mobility
impairment or cognitive or developmental disabilities.
(3) Reconciliation programs.--Funds appropriated by this
Act under the heading ``Economic Support Fund'' that are made
available for assistance for Vietnam shall be made available
for reconciliation programs to address war legacy issues.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Afghanistan--
(A) shall be made available to implement the South Asia
Strategy, the Revised Strategy for United States Engagement
in Afghanistan, and the United States Agency for
International Development Country Development Cooperation
Strategy for Afghanistan;
(B) shall be made available for programs in support of such
strategies that protect and strengthen the rights of women
and girls and promote the political and economic empowerment
of women, including their meaningful inclusion in political
processes: Provided, That such assistance to promote the
economic empowerment of women shall be made available as
grants to Afghan organizations, to the maximum extent
practicable; and
(C) may not be made available for any program, project, or
activity that--
(i) cannot be sustained, as appropriate, by the Government
of Afghanistan or another Afghan entity;
(ii) is not accessible for the purposes of conducting
effective oversight in accordance with applicable Federal
statutes and regulations;
(iii) initiates any new, major infrastructure development;
or
(iv) includes the participation of any Afghan individual,
organization, or government entity if the Secretary of State
has credible information that such individual, organization,
or entity is knowingly involved in acts of grand corruption,
illicit narcotics production or trafficking, or has committed
a gross violation of human rights.
(2) Authorities.--
(A) Funds appropriated by this Act under title III through
VI that are made available for assistance for Afghanistan may
be made available--
(i) notwithstanding section 7012 of this Act or any similar
provision of law and section 660 of the Foreign Assistance
Act of 1961;
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the Government
of Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74); and
(iii) for an endowment to empower women and girls.
(B) Section 7046(a)(2)(A) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112-74) shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(3) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $124,580,000 shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and
in support of international peacekeeping operations:
Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting
violations of human rights and the laws of war, and the Nepal
Army is cooperating fully with civilian judicial authorities
in such cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Consultation.--Not later than 30 days after enactment
of this Act, and prior to the submission of the report
required by section 653(a) of the Foreign Assistance Act of
1961, the Secretary of State shall consult with the
Committees on Appropriations on the amount of funds
appropriated by this Act under the heading ``Foreign Military
Financing Program'' that is anticipated to be subject to the
January 2018 policy decision of the United States to suspend
security assistance for Pakistan, or any subsequent policy
decision affecting such assistance: Provided, That the
Secretary shall promptly inform the appropriate congressional
committees in writing of any changes to such policy, the
justification for such changes, and the progress made by the
Government of Pakistan in meeting the counterterrorism
objectives described under this section in Senate Report 115-
282.
(C) Reprogramming.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading
``Foreign Military Financing Program'' for assistance for
Pakistan that are withheld from obligation or expenditure by
the Department of State may be reprogrammed by the Secretary
of State, except that no such funds may be reprogrammed that
are required to complete payment on existing and previously
approved contracts: Provided, That such reprogramming shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the
heading ``Economic Support Fund'' for assistance for the
central Government of Pakistan, the Secretary of State shall
submit a report to the appropriate congressional committees
detailing--
(A) the amount of financing and other support, if any,
provided by the Government of Pakistan to schools supported
by, affiliated with, or run by the Taliban or any domestic or
foreign terrorist organization in Pakistan;
(B) the extent of cooperation by such government in issuing
visas in a timely manner for United States visitors,
including officials and representatives of nongovernmental
organizations, engaged in assistance and security programs in
Pakistan;
(C) the extent to which such government is providing
humanitarian organizations access to detainees, internally
displaced persons, and other Pakistani civilians affected by
conflict in Pakistan and the region; and
(D) the extent to which such government is strengthening
democracy in Pakistan, including protecting freedom of
expression, assembly, and religion.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance for
Pakistan may be made available notwithstanding any other
provision of law, except for section 620M of the Foreign
Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance for
Pakistan that are made available for infrastructure projects
shall be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(C) The authorities and directives of section 7044(d)(4) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2015 (division J of Public Law
113-235) regarding scholarships for women shall apply to
funds appropriated by this Act for assistance for Pakistan,
following consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' that are made
available for assistance for Pakistan shall be made available
to interdict precursor materials from Pakistan to Afghanistan
that are used to manufacture improvised explosive devices and
for agriculture extension programs that encourage alternative
fertilizer use among Pakistani farmers to decrease the dual
use of fertilizer in the manufacturing of improvised
explosive devices.
(E) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'' that
are made available for assistance for Pakistan, not less than
$15,000,000 shall be made available for border security
programs in Pakistan, following consultation with the
Committees on Appropriations.
(F) Funds appropriated by title III of this Act shall be
made available for programs to promote democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles
III and IV of this Act that are made available for assistance
for Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan: Provided, That
the Secretary shall inform the Committees
[[Page H1680]]
on Appropriations of such steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated
under title III of this Act shall be made available for
assistance for Sri Lanka for economic development and
democracy programs, particularly in areas recovering from
ethnic and religious conflict: Provided, That such funds
shall be made available for programs to assist in the
identification and resolution of cases of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except
for funds made available for humanitarian assistance and
victims of trauma, may be made available only if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Sri Lanka is--
(A) repealing laws that do not comply with international
standards for arrest and detention by security forces, and
ensuring that any successor legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest and
torture, and supporting a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/RES/30/1) of October 2015;
(D) returning military occupied lands in former conflict
zones to their rightful owners or compensating those whose
land was confiscated without due process, and which is in
addition to steps taken during the previous calendar year;
(E) establishing a functioning office of missing persons
and assisting its investigations of cases of missing persons
from Sri Lanka's internal armed conflicts with the
cooperation of the armed forces of Sri Lanka; and
(F) substantially reducing the presence of the armed forces
in former conflict zones and implementing a plan for
restructuring the armed forces to adopt a peacetime role that
contributes to post-conflict reconciliation and regional
security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance
for Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading ``Foreign
Military Financing Program'' may only be made available for
programs to support humanitarian and disaster response
preparedness and maritime security, including
professionalization and training for the navy and coast
guard; and
(B) funds under the heading ``Peacekeeping Operations'' may
only be made available for training and equipment related to
international peacekeeping operations and improvements to
peacekeeping-related facilities, and only if the Government
of Sri Lanka is taking effective steps to bring to justice
Sri Lankan peacekeeping troops who have engaged in sexual
exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance
for Afghanistan and Pakistan may be provided, notwithstanding
any other provision of law that restricts assistance to
foreign countries, for cross border stabilization and
development programs between Afghanistan and Pakistan, or
between either country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act that are made available for assistance for countries
in South and Central Asia shall be made available to
accelerate the recruitment and enhance the retention and
professionalism of women in the judiciary, police, and other
security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Conditions on assistance for the central governments of
el salvador, guatemala, and honduras.--Of the funds
appropriated by this Act under titles III and IV that are
made available for assistance for each of the central
governments of El Salvador, Guatemala, and Honduras, 50
percent may only be obligated after the Secretary of State
certifies and reports to the appropriate congressional
committees that such government is--
(A) informing its citizens of the dangers of the journey to
the southwest border of the United States;
(B) combating human smuggling and trafficking;
(C) improving border security, including preventing illegal
migration, human smuggling and trafficking, and trafficking
of illicit drugs and other contraband;
(D) cooperating with United States Government agencies and
other governments in the region to facilitate the return,
repatriation, and reintegration of illegal migrants arriving
at the southwest border of the United States who do not
qualify for asylum, consistent with international law;
(E) working cooperatively with an autonomous, publicly
accountable entity to provide oversight of the Plan of the
Alliance for Prosperity in the Northern Triangle in Central
America (the Plan);
(F) combating corruption, including investigating and
prosecuting current and former government officials credibly
alleged to be corrupt;
(G) implementing reforms, policies, and programs to
increase transparency and strengthen public institutions and
the rule of law;
(H) working with local communities, civil society
organizations (including indigenous and other marginalized
groups), and local governments in the implementation and
evaluation of activities of the Plan;
(I) countering the activities of criminal gangs, drug
traffickers, and transnational criminal organizations;
(J) investigating and prosecuting in the civilian justice
system government personnel who are credibly alleged to have
violated human rights;
(K) cooperating with commissions against corruption and
impunity and with regional human rights entities;
(L) supporting programs to reduce poverty, expand education
and vocational training for at-risk youth, create jobs, and
promote equitable economic growth, particularly in areas
contributing to large numbers of migrants;
(M) creating a professional, accountable civilian police
force and ending the role of the military in internal
policing;
(N) protecting the right of political opposition parties
and other members of civil society to operate without
interference;
(O) implementing tax reforms; and
(P) resolving commercial disputes.
(2) Determinations and impact on assistance.--
(A) Insufficient progress.--The Secretary of State shall
periodically review the progress of each of the central
governments of El Salvador, Guatemala, and Honduras in
meeting the requirements of paragraph (1): Provided, That if
the Secretary determines and reports to the appropriate
congressional committees that sufficient progress has not
been made by such government in meeting such requirements,
the Secretary shall suspend, in whole or in part, assistance
for such government for programs supporting such requirement,
and shall notify the appropriate congressional committees in
writing of such action: Provided further, That the Secretary
may resume such assistance if the Secretary determines and
reports to such committees that corrective measures have been
taken by such government.
(B) Change in national government.--Not later than 90 days
following a change of national government in El Salvador,
Guatemala, or Honduras, the Secretary of State shall
determine whether or not such government is meeting the
requirements of paragraph (1) and submit a report to the
appropriate congressional committees detailing the reasons
for such determination: Provided, That if the Secretary
determines that such government is not meeting such
requirements, then the Secretary shall suspend, in whole or
in part, assistance for such country until such time as such
determination and report can be made.
(C) Reprogramming.--Assistance suspended pursuant to
subparagraphs (A) or (B) may be reprogrammed if the Secretary
of State determines that corrective measures have not been
taken: Provided, That any such reprogramming shall only be
made available for assistance for other countries in Latin
America and the Caribbean and shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Consultation.--The Secretary of State shall consult
with the Committees on Appropriations not less than 14 days
prior to submitting any certification made pursuant to
subsection (a)(1) and any suspension or reprogramming made
pursuant to subsection (a)(2).
(4) Exceptions and limitations.--
(A) Exceptions.--The limitation of paragraph (1) shall not
apply to funds appropriated by this Act that are made
available for the International Commission against Impunity
in Guatemala, the Mission to Support the Fight against
Corruption and Impunity in Honduras, humanitarian assistance,
and food security programs.
(B) Limitations.--None of the funds appropriated by this
Act that are made available for assistance for countries in
Central America may be made available for direct government-
to-government assistance or for major infrastructure
projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act
under titles III and IV, not less than $418,253,000 shall be
made available for assistance for Colombia, including to
support the efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189), and other criminal or
illegal armed groups: Provided, That aircraft supported by
funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and the
region;
(C) strengthen and expand governance, the rule of law, and
access to justice throughout Colombia;
(D) promote economic and social development, including by
improving access to areas impacted by conflict through
demining programs;
(E) assist communities impacted by significant refugee or
migrant populations; and
(F) implement a peace agreement between the Government of
Colombia and illegal armed groups, in accordance with
constitutional and legal requirements in Colombia.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs that are made
available for assistance for Colombia may be made available
for payment of reparations to conflict victims or
compensation to demobilized combatants associated with a
peace agreement between the Government of Colombia and
illegal armed groups.
[[Page H1681]]
(3) Counternarcotics.--Of the funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement'' and
made available for counternarcotics assistance for Colombia,
20 percent may be obligated only after the Secretary of State
certifies and reports to the Committees on Appropriations
that the Government of Colombia has reduced overall illicit
drug cultivation, production, and trafficking.
(4) Human rights.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that--
(A) the Special Jurisdiction for Peace and other judicial
authorities are taking effective steps to hold accountable
perpetrators of gross violations of human rights in a manner
consistent with international law, including for command
responsibility, and sentence them to deprivation of liberty;
(B) the Government of Colombia is taking effective steps to
reduce attacks against human rights defenders and other civil
society activists, trade unionists, and journalists, and
judicial authorities are prosecuting those responsible for
such attacks; and
(C) senior military officers responsible for ordering,
committing, and covering up cases of false positives are
being held accountable, including removal from active duty if
found guilty through criminal or disciplinary proceedings.
(5) Exceptions.--The limitations of paragraphs (3) and (4)
shall not apply to funds made available for aviation
instruction and maintenance, and maritime and riverine
security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic
Support Fund'' that are made available for assistance for
Haiti may not be made available for assistance for the
central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations
that such government is taking effective steps, which are
steps taken since the certification and report submitted
during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including by--
(i) selecting judges in a transparent manner based on
merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary; and
(iv) improving governance by implementing reforms to
increase transparency and accountability, including through
the penal and criminal codes;
(B) combat corruption, including by implementing the anti-
corruption law enacted in 2014 and prosecuting corrupt
officials;
(C) increase government revenues, including by implementing
tax reforms, and increasing expenditures on public services;
and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
(d) Venezuela.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than
$17,500,000 shall be made available for programs to promote
democracy and the rule of law in Venezuela.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $127,025,000 shall be made
available for assistance for Georgia.
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $445,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act
may be made available for assistance for a government of an
Independent State of the former Soviet Union if such
government directs any action in violation of the territorial
integrity or national sovereignty of any other Independent
State of the former Soviet Union, such as those violations
included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may
be made available without regard to the restriction in this
subsection if the President determines that to do so is in
the national security interest of the United States:
Provided further, That prior to executing the authority
contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how
such assistance supports the national security interest of
the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of
the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply
to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.)
and section 1424 of the Defense Against Weapons of Mass
Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation
assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--
(1) Turkish presidential protection directorate.--None of
the funds made available by this Act may be used to
facilitate or support the sale of defense articles or defense
services to the Turkish Presidential Protection Directorate
(TPPD) under chapter 2 of the Arms Export Control Act (22
U.S.C. 2761 et seq.), unless the Secretary of State
determines and reports to the appropriate congressional
committees that members of the TPPD that are named in the
July 17, 2017 indictment by the Superior Court of the
District of Columbia, and against whom charges are pending,
have returned to the United States to stand trial in
connection with the offenses contained in such indictment or
have otherwise been brought to justice: Provided, That the
limitation in this paragraph shall not apply to the use of
funds made available by this Act for border security
purposes, for North Atlantic Treaty Organization or coalition
operations, or to enhance the protection of United States
officials and facilities in Turkey.
(2) Restriction on funds.--
(A) Not later than November 1, 2019, but no sooner than six
months after enactment of this Act, the Secretary of State,
in consultation with the Secretary of Defense, shall submit
an update to the report required by section 1282 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) regarding the purchase by the
Republic of Turkey of the S-400 missile defense system from
the Russian Federation: Provided, That such report shall
also include a detailed description of plans for the
imposition of sanctions, if appropriate, for such purchase
pursuant to section 231 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44).
(B) None of the funds appropriated by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be made
available to deliver F-35 aircraft to the territory of the
Republic of Turkey until the report in subparagraph (A) is
submitted to the Congress.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated
by this Act may be made available for assistance for the
central Government of the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian
Federation annexation of Crimea or other territory in
Ukraine: Provided, That except as otherwise provided in
subsection (a), the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to such Committees that to do so is in
the national interest of the United States, and includes a
justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea or other territory in
Ukraine under the control of Russian-backed separatists, if
such activity includes the participation of Russian
Government officials, or other Russian owned or controlled
financial entities; or
(C) assistance for Crimea or other territory in Ukraine
under the control of Russian-backed separatists, if such
assistance includes the participation of Russian Government
officials, or other Russian owned or controlled financial
entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such
institution (including any loan, credit, or guarantee) for
any program that violates the sovereignty or territorial
integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State
determines and reports to the Committees on Appropriations
that the Government of Ukraine has reestablished sovereignty
over Crimea and other territory in Ukraine under the control
of Russian-backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a
country that the Secretary of State determines and reports to
the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations
with, the Russian occupied Georgian territories of Abkhazia
and Tskhinvali Region/South Ossetia: Provided, That the
Secretary shall publish on the Department of State website a
list of any such central governments in a timely manner:
Provided further, That the Secretary may waive the
restriction on assistance required by this paragraph if the
Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of
the United States, and includes a justification for such
interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote
[[Page H1682]]
against any assistance by such institution (including any
loan, credit, or guarantee) for any program that violates the
sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Of the funds appropriated by this Act under the
headings ``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and
``Foreign Military Financing Program'', not less than
$275,000,000 shall be made available to carry out the
purposes of the Countering Russian Influence Fund, as
authorized by section 254 of the Countering Russian Influence
in Europe and Eurasia Act of 2017 (Public Law 115-44; 22
U.S.C. 9543) and notwithstanding the country limitation in
subsection (b) of such section, and programs to enhance the
capacity of law enforcement and security forces in countries
in Europe and Eurasia and strengthen security cooperation
between such countries and the United States and the North
Atlantic Treaty Organization, as appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be
made available to advance the implementation of Association
Agreements and trade agreements with the European Union, and
to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation, including to promote Internet freedom,
and shall also be made available to support the democracy and
rule of law strategy required by section 7071(d) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department
of Peacekeeping Operations), any United Nations agency, or
the Organization of American States, 15 percent may not be
obligated for such organization, department, or agency until
the Secretary of State determines and reports to the
Committees on Appropriations that the organization,
department, or agency is--
(A) posting on a publicly available website, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department, or
agency, and providing the United States Government with
necessary access to such financial and performance audits;
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(i) protection against retaliation for internal and lawful
public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies, including
external arbitration; and
(v) results that eliminate the effects of proven
retaliation; and
(C) effectively implementing and enforcing policies and
procedures on the appropriate use of travel funds, including
restrictions on first class and business class travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees
on Appropriations that such waiver is necessary to avert or
respond to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and
Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses
for any United States delegation to any specialized agency,
body, or commission of the United Nations if such agency,
body, or commission is chaired or presided over by a country,
the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C.
App. 2405(j)(1)), supports international terrorism.
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State
as a contribution to any organization, agency, commission, or
program within the United Nations system if such
organization, agency, commission, or program is chaired or
presided over by a country the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is
a government that has repeatedly provided support for acts of
international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so
is important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of
the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on
Appropriations that participation in the Council is important
to the national interest of the United States and that such
Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of
members to such Council: Provided, That such report shall
include a description of the national interest served and the
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council:
Provided further, That the Secretary of State shall report to
the Committees on Appropriations not later than September 30,
2019, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item and
ensure integrity in the election of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the
initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), the Secretary of State shall report to
the Committees on Appropriations, in writing, on whether
UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance
Act of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to
ensure they are only used for humanitarian or other
appropriate purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States
law, and is taking steps to improve the financial
transparency of the organization; and
(7) in compliance with the United Nations Board of
Auditors' biennial audit requirements and is implementing in
a timely fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961, the costs for participation of another country's
delegation at international conferences held under the
auspices of multilateral or international organizations.
(f) Capital Projects.--Any operating plan submitted
pursuant to this Act for funds made available under the
heading ``Contributions to International Organizations''
shall include information on capital projects, as described
under such heading in House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2019
for contributions to any organization, department, agency, or
program within the United Nations system or any international
program that are withheld from obligation or expenditure due
to any provision of law: Provided, That the Secretary shall
update such report each time additional funds are withheld by
operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such
report, including updates thereof, shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping
Operations.--
(1) In general.--Funds appropriated by this Act shall be
made available to implement section 301 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information
that such unit has engaged in sexual exploitation or abuse,
including while serving in a United Nations peacekeeping
operation, until the Secretary determines that the government
of such country is taking effective steps to hold the
responsible members of such unit accountable and to prevent
future incidents: Provided, That the Secretary shall
promptly notify the government of each country subject to any
withholding of assistance pursuant to this paragraph, and
shall notify the appropriate congressional committees of such
withholding not later than 10 days after a determination to
withhold such assistance is made: Provided further, That the
Secretary shall, to the maximum extent practicable, assist
such government in bringing the responsible members of such
unit to justice.
(i) Additional Availability.--Subject to the regular
notification procedures of the Committees on Appropriations,
funds appropriated by this Act which are returned or not made
available due to the implementation of subsection (a), the
second proviso under the heading ``Contributions for
International Peacekeeping Activities'' in title I of this
Act, or section 307(a) of
[[Page H1683]]
the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), shall
remain available for obligation until September 30, 2020:
Provided, That the requirement to withhold funds for programs
in Burma under section 307(a) of the Foreign Assistance Act
of 1961 shall not apply to funds appropriated by this Act.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the
heading ``Contributions to International Organizations'' for
a specialized agency or other entity of the United Nations if
the Secretary, in consultation with the United States
Ambassador to the United Nations, determines and reports to
the Committees on Appropriations that such agency or entity
has taken an official action that is against the national
security interest of the United States or an ally of the
United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1)
if the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding
the release of withheld funds, such funds may be reprogrammed
for other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines
that to do so in the national interest.
(k) Transfer of Funds.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', $25,000,000
shall be transferred to, and merged with, funds appropriated
under the heading ``International Organizations and
Programs'', of which $23,000,000 shall be for a contribution
to support the United Nations resident coordinator system and
$2,000,000 shall be for a contribution to the Montreal
Protocol Multilateral Fund.
law enforcement and security
Sec. 7049. (a) Assistance.--
(1) Community-based police assistance.--Funds made
available under titles III and IV of this Act to carry out
the provisions of chapter 1 of part I and chapters 4 and 6 of
part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights,
the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that
support democratic governance, including assistance for
programs to prevent conflict, respond to disasters, address
gender-based violence, and foster improved police relations
with the communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act, funds
appropriated by this Act under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'' shall
be made available for combat casualty training and equipment.
(B) The Secretary of State shall offer combat casualty care
training and equipment as a component of any package of
lethal assistance funded by this Act with funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign
Military Financing Program'': Provided, That the requirement
of this subparagraph shall apply to a country in conflict,
unless the Secretary determines that such country has in
place, to the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or exceeds
the standards recommended by the Committee on Tactical Combat
Casualty Care: Provided further, That any such training and
equipment for combat casualty care shall be made available
through an open and transparent process.
(3) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading Nonproliferation, Anti-
terrorism, Demining and Related Programs shall be made
available for the Counterterrorism Partnerships Fund for
programs in areas liberated from, under the influence of, or
adversely affected by, the Islamic State of Iraq and Syria or
other terrorist organizations: Provided, That such areas
shall include the Kurdistan Region of Iraq: Provided
further, That prior to the obligation of funds made available
pursuant to this paragraph, the Secretary of State shall take
all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds:
Provided further, That funds made available pursuant to this
paragraph shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(4) Training related to international humanitarian law.--
The Secretary of State shall offer training related to the
requirements of international humanitarian law as a component
of any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this paragraph shall not
apply to a country that is a member of the North Atlantic
Treaty Organization (NATO), is a major non-NATO ally
designated by section 517(b) of the Foreign Assistance Act of
1961, or is complying with international humanitarian law:
Provided further, That any such training shall be made
available through an open and transparent process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics
Control and Law Enforcement'' and ``Peacekeeping Operations''
shall be made available to increase the capacity of foreign
military and law enforcement personnel to operate in
accordance with appropriate standards relating to human
rights and the protection of civilians in the manner
specified under this section in the joint explanatory
statement accompanying this Act, following consultation with
the Committees on Appropriations: Provided, That funds made
available pursuant to this paragraph shall only be made
available on an open and competitive basis.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for
a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-
national entity emerging from instability, as well as a
nation emerging from instability.
(2) Disarmament, demobilization, and reintegration.--
Section 7034(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect
during fiscal year 2019.
(3) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$5,000,000 shall be made available for assistance to
eliminate inhumane conditions in foreign prisons and other
detention facilities, notwithstanding section 660 of the
Foreign Assistance Act of 1961: Provided, That the Secretary
of State and the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of such
funds prior to obligation and not later than 120 days after
enactment of this Act: Provided further, That such funds
shall be in addition to funds otherwise made available by
this Act for such purpose.
(4) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011)
is amended by striking ``of this section'' and all that
follows through the period at the end and inserting ``of this
section after September 30, 2020.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act of
1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and
2019'' and inserting ``2019, and 2020''.
(5) Commercial leasing of defense articles.--
Notwithstanding any other provision of law, and subject to
the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms
Export Control Act may be used to provide financing to
Israel, Egypt, the North Atlantic Treaty Organization (NATO),
and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense
articles from United States commercial suppliers, not
including Major Defense Equipment (other than helicopters and
other types of aircraft having possible civilian
application), if the President determines that there are
compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(6) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2021: Provided, That the
provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall
be subject to the concurrence of the Secretary of State.
(7) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary
of State, on a case-by-case basis, determines and reports to
the appropriate congressional committees that disclosure
would endanger the safety of human sources or reveal
sensitive intelligence sources and methods, or that non-
disclosure is in the national security interest of the United
States: Provided, That any such determination shall include
a detailed justification, and may be submitted in classified
form.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations
that include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and
used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a
grant basis in foreign countries, subject to such terms and
conditions as the Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license
for cluster munitions may be issued, and no cluster munitions
or cluster munitions technology shall be sold or transferred,
unless--
[[Page H1684]]
(i) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational
environments, and the agreement applicable to the assistance,
transfer, or sale of such cluster munitions or cluster
munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets
and will not be used where civilians are known to be present
or in areas normally inhabited by civilians; or
(ii) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
that the Secretary of State determines are undemocratic or
are undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall
submit to the Committees on Appropriations a report on funds
obligated and expended during fiscal year 2018, by country
and purpose of assistance, under the headings ``Peacekeeping
Operations'', ``International Military Education and
Training'', and ``Foreign Military Financing Program''.
(2) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-
629 (22 U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the Committees
on Appropriations a status report that contains the
information described under the heading ``Foreign Military
Financing Program'' in House Report 115-829.
(3) Vetting report.--
(A) In general.--Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M of
the Foreign Assistance Act of 1961 during the preceding
fiscal year, including--
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps taken
to assist the foreign government in taking effective measures
to bring the responsible members of the security forces to
justice, in accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) Form.--The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied by a
classified annex.
(4) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign
Assistance Act of 1961, the term ``military training provided
to foreign military personnel by the Department of Defense
and the Department of State'' shall be deemed to include all
military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department
of State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
arms trade treaty
Sec. 7050. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for
the Treaty.
international conferences
Sec. 7051. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of
more than 50 employees of agencies or departments of the
United States Government who are stationed in the United
States, at any single international conference occurring
outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days
in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the
term ``international conference'' shall mean a conference
attended by representatives of the United States Government
and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any
other provision of law or regulation, aircraft procured with
funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign
operations, and related programs under the headings
``Diplomatic Programs'', ``International Narcotics Control
and Law Enforcement'', ``Andean Counterdrug Initiative'', and
``Andean Counterdrug Programs'' may be used for any other
program and in any region.
(b) Property Disposal.--The authority provided in
subsection (a) shall apply only after the Secretary of State
determines and reports to the Committees on Appropriations
that the equipment is no longer required to meet programmatic
purposes in the designated country or region: Provided, That
any such transfer shall be subject to prior consultation
with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That notwithstanding section 7006(b) of
this Act, such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
funds received by the Department of State in connection with
the use of aircraft owned, leased, or chartered by the
Department of State may be credited to the Working Capital
Fund of the Department and shall be available for expenses
related to the purchase, lease, maintenance, chartering, or
operation of such aircraft.
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose
of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne
by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September
30, 2009'' in subsection (f)(2)(B) of such section shall be
deemed to be ``September 30, 2018''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of
sections 7086(b) (1) and (2) and 7090(a) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117)
shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall
instruct the United States Executive Director of the
International Monetary Fund (IMF) to seek to ensure that any
loan will be repaid to the IMF before other private or
multilateral creditors.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 22
U.S.C. 2151a note).
disability programs
Sec. 7056. (a) Assistance.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' shall be made
available for programs and activities administered by the
United States Agency for International Development to address
the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives
that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and
integration of individuals with disabilities, including for
the cost of translation.
(b) Management, Oversight, and Technical Support.--Of the
funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical
support.
united states agency for international development management
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to
carry out the provisions of part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be
used by the United States Agency for International
Development to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant
to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2020.
(c) Conditions.--The authority of subsection (a) should
only be used to the extent that an equivalent number of
positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated
with funds appropriated to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', are eliminated.
(d) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority
of this section shall be the account to which the
responsibilities of such individual primarily relate:
Provided, That funds made available to carry out this section
may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating
Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to
the authority of section 309 of the Foreign Service Act of
1980 (22 U.S.C. 3949), may be extended for a period of up to
4 years notwithstanding the limitation set forth in such
section.
[[Page H1685]]
(f) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under
the heading ``Assistance for Europe, Eurasia and Central
Asia'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to
natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961,
and title II of the Food for Peace Act (Public Law 83-480; 7
U.S.C. 1721 et seq.), may be used by USAID to employ up to 40
personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose
of providing direct, interim support for new or expanded
overseas programs and activities managed by the agency until
permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That
such funds appropriated to carry out title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be
made available only for personal services contractors
assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, USAID may provide an exception to the fair opportunity
process for placing task orders under such contracts when the
order is placed with any category of small or small
disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--
Individuals hired pursuant to the authority provided by
section 7059(o) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) may be assigned to or
support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles
III and IV of this Act that are made available for bilateral
assistance for child survival activities or disease programs
including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made
available notwithstanding any other provision of law except
for provisions under the heading ``Global Health Programs''
and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the
funds appropriated under title III of this Act, not less than
$575,000,000 should be made available for family planning/
reproductive health, including in areas where population
growth threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act
that are available for a contribution to the Global Fund to
Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the
Secretary of State determines and reports to the Committees
on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
website;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations
and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices
for--
(A) protection against retaliation for internal and lawful
public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven
retaliation:
Provided, That such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year
2019 pursuant to the application of any other provision
contained in this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is
sustained, severe, and is spreading internationally, or that
it is in the national interest to respond to a Public Health
Emergency of International Concern, funds appropriated by
this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Disaster
Assistance'', ``Complex Crises Fund'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia
and Central Asia'', ``Migration and Refugee Assistance'', and
``Millennium Challenge Corporation'' may be made available to
combat such infectious disease or public health emergency,
and may be transferred to, and merged with, funds
appropriated under such headings for the purposes of this
paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with
the appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(d) Repurposed Funds.--
(1) Uses.--Of the unobligated balances available under the
heading ``Bilateral Economic Assistance'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)--
(A) $38,000,000 shall be for programs to accelerate the
capabilities of targeted countries to prevent, detect, and
respond to infectious disease outbreaks; and
(B) $2,000,000 shall be made available for the Emergency
Reserve Fund established pursuant to section 7058(c)(1) of
the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law
115-31) and shall be made available under the same terms and
conditions of such section: Provided, That the second
proviso of such paragraph is amended by striking ``Secretary
of State'' and inserting in lieu thereof ``Administrator of
the United States Agency for International Development''.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
(3) Transfer between accounts.--Funds made available
pursuant to this subsection under the headings ``Global
Health Programs'' and ``International Disaster Assistance''
may be transferred to, and merged with, funds made available
under such headings: Provided, That such transfer authority
is in addition to any other transfer authority provided by
law.
(4) Clarification.--Funds made available pursuant to this
subsection are in addition to funds otherwise made available
for such purposes.
(5) Designation.--The amounts repurposed under this
subsection are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and
shall be available only if the President subsequently so
designates all such amounts and transmits such designations
to the Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this
Act shall be made available to promote gender equality in
United States Government diplomatic and development efforts
by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made
available for programs specifically designed to increase
leadership opportunities for women in countries where women
and girls suffer discrimination due to law, policy, or
practice, by strengthening protections for women's political
status, expanding women's participation in political parties
and elections, and increasing women's opportunities for
leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated under titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police
and other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-
based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this
Act under the headings ``Development Assistance'', ``Economic
Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'' should be made available to support a multi-
year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners
in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected
by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to
women and girls.
(e) Women and Girls at Risk From Extremism.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $15,000,000 shall be made available to
support women and girls who are at risk from extremism and
conflict, and for the activities described in section
7059(e)(1) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018 (division K of
Public Law 115-141): Provided, That such funds are in
addition to amounts otherwise made available by this Act for
such purposes, and shall be made available following
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
[[Page H1686]]
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of this Act,
not less than $800,000,000 shall be made available for
assistance for basic education, and such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries: Provided, That
such funds shall also be used for secondary education
activities: Provided further, That notifications submitted
for basic education programs should, as applicable, describe
activities conducted in support of non-state schools:
Provided further, That the Administrator of the United States
Agency for International Development, following consultation
with the Committees on Appropriations, may reprogram such
funds between countries.
(B) Not later than 30 days after enactment of this Act, the
USAID Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated
balances and obligated, but unexpended, balances in each
country where USAID provides basic education assistance and
such report shall also include details on the types of
contracts and grants provided and the goals and objectives of
such assistance: Provided, That the USAID Administrator
shall update such report on a quarterly basis until September
30, 2020: Provided further, That if the USAID Administrator
determines that any unobligated balances of funds
specifically designated for assistance for basic education in
prior Acts making appropriations for the Department of State,
foreign operations, and related programs are in excess of the
absorptive capacity of recipient countries, such funds may be
made available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961,
notwithstanding such funding designation: Provided further,
That the authority of the previous proviso shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this Act
for assistance for basic education programs, not less than
$90,000,000 shall be made available for a contribution to
multilateral partnerships that support education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided,
That such funds may be made available notwithstanding any
other provision of law that restricts assistance to foreign
countries, and shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of such amount, not less than $35,000,000 shall
be made available for human and institutional capacity
building partnerships between higher education institutions
in the United States and developing countries, of which not
less than $15,000,000 shall be for new partnerships:
Provided further, That not later than 45 days after enactment
of this Act, the USAID Administrator shall consult with the
Committees on Appropriations on the proposed uses of funds
for such partnerships.
(b) Development Programs.--Of the funds appropriated by
this Act under the heading ``Development Assistance'', not
less than $12,000,000 shall be made available for cooperative
development programs of USAID, and not less than $30,000,000
shall be made available for the American Schools and
Hospitals Abroad program: Provided, That any substantive
modifications from the prior fiscal year to the evaluation
methodology or criteria for selecting grantees for the
American Schools and Hospitals Abroad program shall be
subject to prior consultation with the Committees on
Appropriations.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, except for the
provisions of this subsection, to support environment
programs.
(B) Funds made available pursuant to this subsection shall
be subject to the regular notification procedures of the
Committees on Appropriations.
(C) None of the funds in this Act are appropriated or
otherwise made available for a contribution, grant, or any
other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of this Act,
not less than $285,000,000 shall be made available for
biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching and
trafficking.
(C) None of the funds appropriated under title IV of this
Act may be made available for training or other assistance
for any military unit or personnel that the Secretary of
State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless the
Secretary reports to the appropriate congressional committees
that to do so is in the national security interest of the
United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the Secretary
of the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI
that it is the policy of the United States to vote in
relation to any loan, grant, strategy, or policy of such
institution to support the construction of any large dam
consistent with the criteria set forth in Senate Report 114-
79, while also considering whether the project involves
important foreign policy objectives.
(4) Sustainable landscapes.--Of the funds appropriated
under title III of this Act, not less than $125,000,000 shall
be made available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the
funds appropriated by title III of this Act, not less than
$1,000,600,000 shall be made available for food security and
agricultural development programs to carry out the purposes
of the Global Food Security Act of 2016 (Public Law 114-195),
of which not less than $315,960,000 shall be made available
for the Bureau for Food Security, USAID, including not less
than $55,000,000 for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution
as authorized by section 3202 of the Food, Conservation, and
Energy Act of 2008 (Public Law 110-246), as amended by
section 3206 of the Agricultural Act of 2014 (Public Law 113-
79).
(e) Micro- and Small Enterprises.--Of the funds
appropriated by this Act, not less than $265,000,000 shall be
made available to support the development of, and access to
financing for, micro- and small enterprises that benefit the
poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the
funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'', not
less than $67,000,000 shall be made available for activities
to combat trafficking in persons internationally, of which
not less than $45,000,000 shall be from funds made available
under the heading ``International Narcotics Control and Law
Enforcement'': Provided, That funds appropriated by this Act
that are made available for programs to end modern slavery
shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Funds appropriated by this
Act under the headings ``Economic Support Fund'' and
``Development Assistance'' shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war: Provided,
That the USAID Administrator shall consult with the
Committees on Appropriations, prior to the initial obligation
of funds, on the uses of such funds, and such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That to the
maximum extent practicable, such funds shall be matched by
sources other than the United States Government: Provided
further, That such funds shall be administered by the Office
of Conflict Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by
this Act, not less than $435,000,000 shall be made available
for water supply and sanitation projects pursuant to section
136 of the Foreign Assistance Act of 1961, of which not less
than $195,000,000 shall be for programs in sub-Saharan
Africa, and of which not less than $15,000,000 shall be made
available to support initiatives by local communities in
developing countries to build and maintain safe latrines.
enterprise funds
Sec. 7061. (a) Notification.--None of the funds made
available under titles III through VI of this Act may be made
available for Enterprise Funds unless the appropriate
congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution
of any assets resulting from any liquidation, dissolution, or
winding up of an Enterprise Fund, in whole or in part, the
President shall submit to the appropriate congressional
committees a plan for the distribution of the assets of the
Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to
and operation of any private equity fund or other parallel
investment fund under an existing Enterprise Fund, the
President shall submit such transition or operating plan to
the appropriate congressional committees.
impact on jobs in the united states
Sec. 7062. None of the funds appropriated or otherwise
made available under titles III through VI of this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce
the number of employees of such business enterprise in the
United States because United States production is being
replaced by such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade
Act of 1974, of workers in the recipient country, including
any designated zone or area in that country: Provided, That
the application of section 507(4)(D) and (E) of such Act
should be commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and
small-scale enterprise, and smallholder agriculture;
[[Page H1687]]
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating
or transferring jobs from the United States to other
countries and adversely impacts the labor force in the United
States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117);
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation's
Environmental and Social Policy Statement relating to coal;
or
(C) the Supplemental Guidelines for High Carbon Intensity
Projects approved by the Export-Import Bank of the United
States on December 12, 2013,
when enforcement of such rule, regulation, policy, or
guidelines would prohibit, or have the effect of prohibiting,
any coal-fired or other power-generation project the purpose
of which is to: (i) provide affordable electricity in
International Development Association (IDA)-eligible
countries and IDA-blend countries; and (ii) increase exports
of goods and services from the United States or prevent the
loss of jobs from the United States.
overseas private investment corporation
Sec. 7063. (a) Transfer of Funds.--Whenever the President
determines that it is in furtherance of the purposes of the
Foreign Assistance Act of 1961, up to a total of $20,000,000
of the funds appropriated under title III of this Act may be
transferred to, and merged with, funds appropriated by this
Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available
for administrative expenses of the Overseas Private
Investment Corporation: Provided further, That designated
funding levels in this Act shall not be transferred pursuant
to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) Authority.--Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961, the authority of subsections
(a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2019.
inspectors general
Sec. 7064. (a) Prohibition on Use of Funds.--None of the
funds appropriated by this Act may be used to deny an
Inspector General funded under this Act timely access to any
records, documents, or other materials available to the
department or agency of the United States Government over
which such Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede the access of such Inspector General to such
records, documents, or other materials, under any provision
of law, except a provision of law that expressly refers to
such Inspector General and expressly limits the right of
access of such Inspector General.
(b) Timely Access.--A department or agency of the United
States Government covered by this section shall provide its
Inspector General access to all records, documents, and other
materials in a timely manner.
(c) Compliance.--Each Inspector General covered by this
section shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.).
(d) Report.--Each Inspector General covered by this section
shall report to the Committees on Appropriations within 5
calendar days of any failure by any department or agency of
the United States Government to provide its Inspector General
access to all requested records, documents, and other
materials.
global internet freedom
Sec. 7065. (a) Funding.--Of the funds available for
obligation during fiscal year 2019 under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Assistance for Europe,
Eurasia and Central Asia'', not less than $60,500,000 shall
be made available for programs to promote Internet freedom
globally: Provided, That such programs shall be prioritized
for countries whose governments restrict freedom of
expression on the Internet, and that are important to the
national interest of the United States: Provided further,
That funds made available pursuant to this section shall be
matched, to the maximum extent practicable, by sources other
than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
made available pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded by
this Act under such headings, and shall be incorporated into
country assistance and democracy promotion strategies, as
appropriate;
(B) for programs to implement the May 2011, International
Strategy for Cyberspace; the Department of State
International Cyberspace Policy Strategy required by section
402 of the Cybersecurity Act of 2015 (division N of Public
Law 114-113); and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations;
to combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists;
(D) made available for research of key threats to Internet
freedom; the continued development of technologies that
provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage
of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in
consultation with the Chief Executive Officer (CEO) of the
Broadcasting Board of Governors (BBG), shall coordinate any
such research and development programs with other relevant
United States Government departments and agencies in order to
share information, technologies, and best practices, and to
assess the effectiveness of such technologies; and
(E) made available only after the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State,
concurs that such funds are allocated consistent with--
(i) the strategies referenced in subparagraph (B) of this
paragraph;
(ii) best practices regarding security for, and oversight
of, Internet freedom programs; and
(iii) sufficient resources and support for the development
and maintenance of anti-censorship technology and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on websites that
are censored; coordinate the distribution of BBG digital
content to targeted regional audiences; and to promote and
distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act under the
heading ``International Broadcasting Operations'', and shall
be incorporated into country broadcasting strategies, as
appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries
that are strategic priorities for the BBG and in a manner
consistent with the BBG Internet freedom strategy; and
(D) made available for the research and development of new
tools or techniques authorized in paragraph (A) only after
the BBG CEO, in consultation with the Secretary of State and
other relevant United States Government departments and
agencies, evaluates the risks and benefits of such new tools
or techniques, and establishes safeguards to minimize the use
of such new tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among
the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after
enactment of this Act, the Secretary of State and the BBG CEO
shall submit to the Committees on Appropriations spend plans
for funds made available by this Act for programs to promote
Internet freedom globally, which shall include a description
of safeguards established by relevant agencies to ensure that
such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding
for all such programs for all relevant Department of State
and the United States Agency for International Development
offices and bureaus.
(d) Security Audits.--Funds made available pursuant to this
section to promote Internet freedom globally may only be made
available to support technologies that undergo comprehensive
security audits conducted by the Bureau of Democracy, Human
Rights, and Labor, Department of State to ensure that such
technology is secure and has not been compromised in a manner
detrimental to the interest of the United States or to
individuals and organizations benefiting from programs
supported by such funds: Provided, That the security
auditing procedures used by such Bureau shall be reviewed and
updated periodically to reflect current industry security
standards.
(e) Surge.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', up to $2,500,000 may be
made available to surge Internet freedom programs in closed
societies if the Secretary of State determines and reports to
the appropriate congressional committees that such use of
funds is in the national interest: Provided, That such funds
are in addition to amounts made available for such purposes:
Provided further, That such funds may be transferred to, and
merged with, funds appropriated by this Act under the heading
``International Broadcasting Operations'' following
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
multi-year pledges
Sec. 7066. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any
multilateral or bilateral program funded in titles III
through VI of this Act unless such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
[[Page H1688]]
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at
least 7 days in advance of the pledge.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7067. (a) Limitation.--None of the funds made
available by this Act may be used to support or justify the
use of torture and other cruel, inhuman, or degrading
treatment or punishment by any official or contract employee
of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available, notwithstanding section
660 of the Foreign Assistance Act of 1961 and following
consultation with the Committees on Appropriations, for
assistance to eliminate torture and other cruel, inhuman, or
degrading treatment or punishment by foreign police, military
or other security forces in countries receiving assistance
from funds appropriated by this Act.
extradition
Sec. 7068. (a) Limitation.--None of the funds appropriated
in this Act may be used to provide assistance (other than
funds provided under the headings ``International Disaster
Assistance'', ``Complex Crises Fund'', ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``United States Emergency Refugee and
Migration Assistance Fund'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Assistance'') for the central
government of a country which has notified the Department of
State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the
maximum penalty is life imprisonment without the possibility
of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the
central government of a country with which the United States
maintains diplomatic relations and with which the United
States has an extradition treaty and the government of that
country is in violation of the terms and conditions of the
treaty.
(c) Waiver.--The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that
such waiver is important to the national interest of the
United States.
war crimes tribunals
Sec. 7069. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals
or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided,
That the determination required under this section shall be
in lieu of any determinations otherwise required under
section 552(c): Provided further, That funds made available
pursuant to this section shall be made available subject to
the regular notification procedures of the Committees on
Appropriations.
budget documents
Sec. 7070. (a) Operating Plans.--Not later than 45 days
after the date of enactment of this Act, each department,
agency, or organization funded in titles I, II, and VI of
this Act, and the Department of the Treasury and Independent
Agencies funded in title III of this Act, including the
Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on
Appropriations an operating plan for funds appropriated to
such department, agency, or organization in such titles of
this Act, or funds otherwise available for obligation in
fiscal year 2019, that provides details of the uses of such
funds at the program, project, and activity level: Provided,
That such plans shall include, as applicable, a comparison
between the congressional budget justification funding
levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That if such
department, agency, or organization receives an additional
amount under the same heading in title VIII of this Act,
operating plans required by this subsection shall include
consolidated information on all such funds: Provided
further, That operating plans that include changes in levels
of funding for programs, projects, and activities specified
in the congressional budget justification, in this Act, or
amounts specifically designated in the respective tables
included in the joint explanatory statement accompanying this
Act, as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds but not later
than 120 days after enactment of this Act, the Secretary of
State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to
the Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan,
the West Bank and Gaza, Colombia, and countries in Central
America;
(B) assistance made available pursuant to section 7047(d)
of this Act to counter Russian influence and aggression,
except that such plan shall be on a country-by-country basis;
(C) assistance made available pursuant to section 7059 of
this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, programs to support
section 7071(a) of this Act, and sectors enumerated in
subsections (a), (c), (d), (e), (f), (g), and (h) of section
7060 of this Act; and
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for International
Organized Crime and for Cybercrime and Intellectual Property
Rights: Provided, That the spend plans shall include
bilateral and global programs funded under such heading along
with a brief description of the activities planned for each
country.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available
by this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection
may be obligated prior to the submission of such spend plan
if the Secretary of State or the USAID Administrator, as
appropriate, determines that the obligation of such funds is
necessary to avoid significant programmatic disruption:
Provided, That not less than seven days prior to such
obligation, the Secretary or Administrator, as appropriate,
shall consult with the Committees on Appropriations on the
justification for such obligation and the proposed uses of
such funds.
(c) Spending Report.--Not later than 45 days after
enactment of this Act, the USAID Administrator shall submit
to the Committees on Appropriations a detailed report on
spending of funds made available during fiscal year 2018
under the heading ``Development Credit Authority''.
(d) Clarification.--The spend plans referenced in
subsection (b) shall not be considered as meeting the
notification requirements in this Act or under section 634A
of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President's budget for fiscal year 2020:
Provided, That the appendices for such justification shall
be provided to the Committees on Appropriations not later
than 10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a
detailed justification for multi-year availability for any
funds requested under the headings ``Diplomatic Programs''
and ``Operating Expenses''.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7071. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of
this Act shall be made available for programs and activities
to counter and defeat violent extremism and foreign fighters
abroad, consistent with the strategy required by section
7073(a)(1) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31): Provided, That the Secretary of State
shall ensure such programs are coordinated with and
complement the efforts of other United States Government
agencies and international partners, and that information
gained through the conduct of such programs is shared in a
timely manner with relevant departments and agencies of the
United States Government, other international partners, and
the appropriate congressional committees, as appropriate.
(b) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds
appropriated by this Act under the headings ``Economic
Support Fund'', ``International Narcotics Control and Law
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Peacekeeping Operations'', and
``Foreign Military Financing Program'', not less than
$200,000,000 shall be made available for the Relief and
Recovery Fund for assistance for areas liberated or at risk
from, or under the control of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent extremist
organizations, including for stabilization assistance for
vulnerable ethnic and religious minority communities affected
by conflict: Provided, That such funds are in addition to
amounts otherwise made available for such purposes and to
amounts specifically designated in this Act or in the joint
explanatory statement accompanying this Act for assistance
for countries: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings:
Provided further, That such transfer authority is in addition
to any other transfer authority provided by this Act or any
other Act, and is subject to the regular notification
procedures of the Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by
this Act under the heading ``International Narcotics Control
and Law Enforcement'' that are made available for the Relief
and Recovery Fund, not less than $5,000,000 shall be made
available for programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes,
which shall be in addition to any other funds made available
by this Act for such purposes: Provided, That such programs
shall include components to develop local investigative and
judicial skills, and to collect and preserve evidence and
maintain the chain of custody of evidence, including for use
in prosecutions: Provided further, That such funds shall be
administered by
[[Page H1689]]
the Special Coordinator for the Office of Global Criminal
Justice, Department of State: Provided further, That funds
made available by this paragraph shall only be made available
on an open and competitive basis.
(3) Funds for jordan and tunisia.--Of the funds
appropriated in prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that are made available for the Relief and Recovery Fund, not
less than the following amounts shall be made available--
(A) $50,000,000 for assistance for Jordan; and
(B) $50,000,000 for assistance for Tunisia:
Provided, That such funds are in addition to amounts
otherwise made available by this Act for such countries.
(c) Prevention of Failed States Through Public-Private
Partnerships.--Of the funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made
available for the Relief and Recovery Fund, up to $10,000,000
shall be made available to implement the program described
under this section in the joint explanatory statement
accompanying this Act, which shall be apportioned to USAID
not later than 90 days after enactment of this Act:
Provided, That such funds shall be in addition to funds made
available for bilateral assistance for such countries, and
shall remain available until expended: Provided further,
That in addition to funds otherwise made available for such
purposes, up to $750,000 of the funds made available by this
paragraph may be used by USAID for administrative expenses
related to the design and implementation of such program.
(d) Counter Violent Extremism in Asia.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $2,500,000 shall be made available for
programs to counter violent extremism in Asia, including
within the Buddhist community: Provided, That such funds
shall be administered by the Mission Director of the Regional
Development Mission for Asia, USAID: Provided further, That
such funds are in addition to funds otherwise made available
for such purposes.
(e) Fragile States and Extremism.--Funds appropriated by
this Act shall be made available for the purposes of section
7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31), subject to the regular notification
procedures of the Committees on Appropriations.
(f) Global Concessional Financing Facility.--Funds
appropriated by this Act under the heading ``Economic Support
Fund'' may be made available for the Global Concessional
Financing Facility of the World Bank to provide financing to
support refugees and host communities: Provided, That such
funds shall be in addition to funds made available for
bilateral assistance in the report required by section 653(a)
of the Foreign Assistance Act of 1961, and may only be made
available subject to prior consultation with the Committees
on Appropriations.
united nations population fund
Sec. 7072. (a) Contribution.--Of the funds made available
under the heading ``International Organizations and
Programs'' in this Act for fiscal year 2019, $32,500,000
shall be made available for the United Nations Population
Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred
to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive
health activities, subject to the regular notification
procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may not be made available
unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds
that UNFPA is budgeting for the year in which the report is
submitted for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
reorganization and information technology
Sec. 7073. (a) Oversight.--
(1) Prior consultation and notification.--Funds
appropriated by this Act, prior Acts making appropriations
for the Department of State, foreign operations, and related
programs, or any other Act may not be used to implement a
reorganization, redesign, or other plan described in
paragraph (2) by the Department of State, the United States
Agency for International Development, or any other Federal
department, agency, or organization funded by this Act
without prior consultation by the head of such department,
agency, or organization with the appropriate congressional
committees: Provided, That such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action, including the
information specified under this section in the joint
explanatory statement accompanying this Act: Provided
further, That congressional notifications submitted during
the previous fiscal year pursuant to section 7081 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141)
may be deemed to meet the notification requirements of this
section.
(2) Description of activities.--Pursuant to paragraph (1),
a reorganization, redesign, or other plan shall include any
action to--
(A) expand, eliminate, consolidate, or downsize covered
departments, agencies, or organizations, including bureaus
and offices within or between such departments, agencies, or
organizations, including the transfer to other agencies of
the authorities and responsibilities of such bureaus and
offices;
(B) expand, eliminate, consolidate, or downsize the United
States official presence overseas including at bilateral,
regional, and multilateral diplomatic facilities and other
platforms; or
(C) expand or reduce the size of the Civil Service, Foreign
Service, eligible family member, and locally employed staff
workforce of the Department of State and USAID from the on-
board levels as of December 31, 2017.
(b) Additional Requirements and Limitations.--
(1) Personnel levels.--Funds made available by this Act are
made available to support the agency-wide on-board Foreign
Service and Civil Service staff levels of the Department of
State and USAID at not less than the levels as of December
31, 2017.
(2) Reports.--
(A) Not later than 30 days after enactment of this Act, and
quarterly thereafter until September 30, 2020, the USAID
Administrator shall submit a report to the appropriate
congressional committees on the status of USAID
reorganization as described in the joint explanatory
statement accompanying this Act: Provided, That the USAID
Administrator shall consult with the appropriate
congressional committees on the format of such reports.
(B) Not later than 60 days after enactment of this Act and
every 60 days thereafter until September 30, 2020, the
Secretary of State, in the case of the Department of State,
and the USAID Administrator, in the case of USAID, shall
report to the appropriate congressional committees on the on-
board personnel levels, hiring, and attrition of the Civil
Service, Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID, as appropriate, on an operating unit-by-operating unit
basis: Provided, That such report shall also include a
hiring plan, including timelines, for maintaining the agency-
wide, on-board Foreign Service and Civil Service at not less
than the December 31, 2017 level through fiscal year 2019.
(3) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(4) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee Assistance''
shall be administered by the Assistant Secretary for
Population, Refugees, and Migration, Department of State, and
this responsibility shall not be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United States
Ambassador-at-Large for Global Women's Issues, Department of
State, and this responsibility shall not be delegated.
(5) Information technology platform.--
(A) None of the funds appropriated in title I of this Act
under the heading ``Administration of Foreign Affairs'' may
be made available for a new major information technology (IT)
investment without the concurrence of the Chief Information
Officer, Department of State.
(B) In complying with the requirements of this paragraph,
the Chief Information Officer, Department of State, shall
consider whether a new major information technology
investment--
(i) is consistent with the Department Information
Technology Strategic Plan;
(ii) maintains consolidated control over enterprise IT
functions or improves operational maintenance;
(iii) improves Department of State resiliency to a cyber-
attack;
(iv) reduces Department of State IT costs over the long-
term; and
(v) is in accordance with the Federal Acquisition
Regulation (FAR), including FAR Part 6 regarding competition
requirements.
(6) Technology modernization fund limitation.--
(A) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to submit a project proposal to the Technology
Modernization Board for funding from the Technology
Modernization Fund unless, not later than 15 days in advance
of submitting the project proposal to the Board, the head of
the agency--
(i) notifies the Committees on Appropriations of the
proposed submission of the project proposal; and
(ii) submits to the Committees on Appropriations a copy of
the project proposal.
[[Page H1690]]
(B) None of the funds made available by this Act and prior
Acts making appropriations for the Department of State,
foreign operations, and related programs may be used by an
agency to carry out a project that is approved by the Board
unless the head of the agency--
(i) submits to the Committees on Appropriations a copy of
the approved project proposal, including the terms of
reimbursement of funding received for the project; and
(ii) agrees to submit to the Committees on Appropriations a
copy of each report relating to the project that the head of
the agency submits to the Board.
(7) Foreign assistance review.--Programmatic, funding, and
organizational changes resulting from implementation of the
Foreign Assistance Review shall be subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations: Provided, That such
notifications may be submitted in classified form, if
necessary.
rescissions
(including rescission of funds)
Sec. 7074. (a) Of the unobligated balances available under
the heading ``International Narcotics Control and Law
Enforcement'', as identified by Treasury Appropriation Fund
Symbol 11 X 1022, $12,420,000 are rescinded.
(b) Of the grant balances in the Foreign Military Sales
Trust Fund, identified by Treasury Appropriation Fund Symbol
97-11 X 8242, which are not currently applied to an active
FMS case and which were appropriated prior to fiscal year
2009, $11,000,000 shall be deobligated, as appropriate, and
shall be permanently rescinded.
john s. mccain scholars program
Sec. 7075. Funds appropriated by this Act under the
heading ``Educational and Cultural Exchange Programs'' that
are made available for the Benjamin Gilman International
Scholarships Program shall also be made available for the
John S. McCain Scholars Program, pursuant to section 303 of
the International Academic Opportunity Act of 2000 (Public
Law 106-309), to include the dependents of active United
States military personnel who are receiving any form of
Federal Financial Aid under title IV of the Higher Education
Act of 1965.
afghan special immigrant visas
Sec. 7076. (a) Afghan Allies.--Section 602(b)(3)(F) of the
Afghan Allies Protection Act of 2009 (division F of Public
Law 111-8), as amended, is further amended by substituting
``18,500'' for ``14,500'' in the matter preceding clause (i).
(b) Conditions.--None of the funds appropriated by this Act
may be made available for the additional special immigrant
visas made available under subsection (a) until the Secretary
of State--
(1) develops and implements a system to prioritize the
processing of Afghan applicants for special immigrant visas
under section 602 of the Afghan Allies Protection Act of 2009
(8 U.S.C. 1101 note); and
(2) submits to the appropriate congressional committees, as
defined in section 602(a) of the Afghan Allies Protection Act
of 2009 (8 U.S.C. 1101 note), the following reports:
(A) the report required under paragraph (12) of section
602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note), as amended by section 1222 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232);
(B) a report on the procedures and processes used by the
Chief of Mission to determine whether an Afghan applicant for
a special immigrant visa under section 602 of the Afghan
Allies Protection Act of 2009 (8 U.S.C. 1101 note) has
experienced, is experiencing, or may reasonably be expected
to experience an ongoing, serious threat as a result of the
qualifying service of the applicant; and
(C) a report on the procedures for background and security
checks on Afghan applicants for special immigrant visas under
such section.
saudi arabia
Sec. 7077. None of the funds appropriated by this Act
under the heading ``International Military Education and
Training'' may be made available for assistance for the
Government of Saudi Arabia.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
(including transfer of funds)
For an additional amount for ``Diplomatic Programs'',
$3,225,971,000, to remain available until September 30, 2020,
of which $2,626,122,000 is for Worldwide Security Protection
and shall remain available until expended: Provided, That
the Secretary of State may transfer up to $5,000,000 of the
total funds made available under this heading to any other
appropriation of any department or agency of the United
States, upon the concurrence of the head of such department
or agency, to support operations in, and assistance for,
Afghanistan and to carry out the provisions of the Foreign
Assistance Act of 1961: Provided further, That any such
transfer shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector
General'', $54,900,000, to remain available until September
30, 2020, which shall be for the Special Inspector General
for Afghanistan Reconstruction (SIGAR) for reconstruction
oversight: Provided, That printing and reproduction costs of
SIGAR shall not exceed amounts for such costs during fiscal
year 2018: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to
International Organizations'', $96,240,000: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for
International Peacekeeping Activities'', $988,656,000, to
remain available until September 30, 2020: Provided, That
such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'',
$158,067,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster
Assistance'', $584,278,000, to remain available until
expended: Provided, That such funds shall be apportioned to
the United States Agency for International Development not
later than 60 days after enactment of this Act: Provided
further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,172,336,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee
Assistance'' to respond to refugee crises, including in
Africa, the Near East, South and Central Asia, and Europe and
Eurasia, $1,404,124,000, to remain available until expended,
except that such funds shall not be made available for the
resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2020:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985: Provided further,
That funds available for obligation under this heading in
this Act may be used to pay assessed expenses of
international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds
appropriated under the heading ``Contributions for
International Peacekeeping Activities'' in this Act, subject
to the regular notification procedures of the Committees on
Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $229,372,000, to remain available until September
30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law,
funds appropriated in this title are
[[Page H1691]]
in addition to amounts appropriated or otherwise made
available in this Act for fiscal year 2019.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to
appropriations accounts in this Act shall be available under
the authorities and conditions applicable to such
appropriations accounts.
transfer of funds
Sec. 8003. (a) Transfer of Funds Between Accounts.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'' and ``Economic Support
Fund'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' may be transferred to, and merged with,
funds appropriated by this title under such headings.
(b) Global Security Contingency Fund.--Notwithstanding any
other provision of this section, up to $7,500,000 from funds
appropriated under the headings ``Peacekeeping Operations''
and ``Foreign Military Financing Program'' by this title in
this Act may be transferred to, and merged with, funds
previously made available under the heading ``Global Security
Contingency Fund''.
(c) Limitation.--The transfer authority provided in
subsection (a) may only be exercised to address
contingencies.
(d) Notification.--The transfer authority provided by this
section shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under
any other provision of law, including section 610 of the
Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
rescission
(including rescission of funds)
Sec. 8004. Of the unobligated balances from amounts
available under the heading ``Diplomatic and Consular
Programs'' in title II of the Security Assistance
Appropriations Act, 2017 (division B of Public Law 114-254),
$301,200,000 are rescinded: Provided, That such amount is
designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2019''.
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$113,910,000, of which not to exceed $3,065,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,000,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,428,000 shall be
available for the Office of the General Counsel; not to
exceed $10,331,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$14,300,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $16,814,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 7 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $8,471,000,
of which $2,218,000 shall remain available until September
30, 2021: Provided, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $900,000,000, to remain available through
September 30, 2021: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for
projects that will have a significant local or regional
impact: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited
to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible
under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the
Secretary may use an amount not to exceed $15,000,000 for the
planning, preparation or design of projects eligible for
funding under this heading: Provided further, That grants
awarded under the previous proviso shall not be subject to a
minimum grant size: Provided further, That the Secretary may
use up to 20 percent of the funds made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code,
or sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not
greater than $25,000,000: Provided further, That not more
than 10 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further,
That of the funds made available under this heading not more
than 50 percent shall be for projects located in a rural area
with a population equal to or less than 200,000: Provided
further, That for projects located in a rural area, the
minimum grant size shall be $1,000,000 and the Secretary may
increase the Federal share of costs above 80 percent:
Provided further, That of the funds made available under this
heading not more than 50 percent shall be for projects
located in an urbanized area with a population of more than
200,000: Provided further, That funds for an urbanized area
under the previous proviso may be obligated to projects in
the metropolitan area established under section 134 of title
23, United States Code, that encompasses such urbanized area:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may set aside not more than 3 percent of the funds
provided under this heading, and may transfer portions of
those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the
Federal Railroad Administration, and the Maritime
Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure
Investments program: Provided further, That the Secretary
shall consider and award projects based solely on the
selection criteria from the fiscal year 2017 Notice of
Funding Opportunity: Provided further, That, notwithstanding
the previous proviso, the Secretary shall not use the Federal
share or an applicant's ability to generate non-Federal
revenue as a selection criteria in awarding projects:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity no later than 60 days after enactment
of this Act: Provided further, That such Notice of Funding
Opportunity shall require application submissions 90 days
after the publishing of such Notice: Provided further, That
of the applications submitted under the previous two
provisos, the Secretary shall make grants no later than 270
days after enactment of this Act in such amounts that the
Secretary determines: Provided further, That such sums
provided for national infrastructure investments for
passenger rail transportation projects under title I of
division C of the Consolidated and Further Continuing
Appropriations Act, 2012 (Public Law 112-55; 125 Stat. 641),
shall remain available for expenditure through fiscal year
2019 for the liquidation of valid obligations of active
grants awarded with this funding: Provided further, That
such sums provided for national infrastructure investments
for port infrastructure projects under title VIII of division
F of the Consolidated and Further Continuing Appropriations
Act, 2013 (Public Law 113-6; 127 Stat. 432) shall remain
available through fiscal year 2020 for the liquidation of
valid obligations of active grants awarded with
[[Page H1692]]
this funding: Provided further, That the 2 preceding
provisos shall be applied as if they were in effect on
September 30, 2018.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $5,000,000, to remain available until
expended: Provided, That the Secretary shall notify the
House and Senate Committees on Appropriations no less than 15
days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain
available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2020.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $7,879,000, to remain
available until expended: Provided, That of such amount,
$1,000,000 shall be for necessary expenses of the Interagency
Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts
transferred from other Federal agencies for expenses incurred
under this heading for IIPIC activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$319,793,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Capital
Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource
Center, the provision of financial education outreach
activities to eligible transportation-related small
businesses, the monitoring of existing loans in the
guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $500,000, as
authorized by 49 U.S.C. 332; Provided, That notwithstanding
that section, these funds may be for business opportunities
related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $3,488,000, to remain
available until September 30, 2020: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $175,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public
Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency from available funds for the actual cost of
the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, in addition to amounts
made available by Public Law 112-95, $10,410,758,000, to
remain available until September 30, 2020, of which
$9,833,400,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,841,720,000 shall be
available for air traffic organization activities; not to
exceed $1,336,969,000 shall be available for aviation safety
activities; not to exceed $24,949,000 shall be available for
commercial space transportation activities; not to exceed
$816,398,000 shall be available for finance and management
activities; not to exceed $61,258,000 shall be available for
NextGen and operations planning activities; not to exceed
$114,165,000 shall be available for security and hazardous
materials safety; and not to exceed $215,299,000 shall be
available for staff offices: Provided, That not to exceed 5
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 5
percent: Provided further, That any transfer in excess of 5
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private
[[Page H1693]]
sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance,
renewal or modification of certificates, including airman,
aircraft, and repair station certificates, or for tests
related thereto, or for processing major repair or alteration
forms: Provided further, That of the funds appropriated
under this heading, not less than $168,000,000 shall be used
to fund direct operations of the current 254 air traffic
control towers in the contract tower program, including the
contract tower cost share program, and any airport that is
currently qualified or that will qualify for the program
during the fiscal year: Provided further, That none of the
funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated
through, the Working Capital Fund: Provided further, That
none of the funds appropriated or otherwise made available by
this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport: Provided
further, That of the amount appropriated under this heading,
up to $6,000,000 shall be used for providing matching funds
to qualified commercial entities seeking to demonstrate or
validate technologies that the Federal Aviation
Administration considers essential to the safe integration of
unmanned aircraft systems (UAS) in the National Airspace
System at Federal Aviation Administration designated UAS test
sites: Provided further, That not later than 60 days after
the date of enactment of this Act, the Administrator of the
Federal Aviation Administration shall identify essential
integration technologies that could be demonstrated or
validated at test sites designated in accordance with the
preceding proviso.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $3,000,000,000, of which $512,823,000 shall
remain available until September 30, 2020, $2,372,127,000
shall remain available until September 30, 2021, and
$115,050,000 shall remain available until expended:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no
later than March 31, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2020 through 2024, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$191,100,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2021:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development: Provided further,
That funds made available under this heading shall be used in
accordance with the joint explanatory statement accompanying
this Act: Provided further, That not to exceed 10 percent of
any funding level specified under this heading in the joint
explanatory statement accompanying this Act may be
transferred to any other funding level specified under this
heading in the joint explanatory statement accompanying this
Act: Provided further, That no transfer may increase or
decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be
treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2019,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $112,600,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $33,210,000 shall
be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title
49, United States Code, such program may include the
participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $500,000,000, to remain available through
September 30, 2021: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the
Secretary shall distribute funds provided under this heading
as discretionary grants to airports: Provided further, That
the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-
Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight
by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2019.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
[[Page H1694]]
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than eight political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants as long as the Federal Aviation Administration
has received an application from the airport, and as long as
the Administrator determines such tower is eligible using the
factors set forth in the Federal Aviation Administration
report, Establishment and Discontinuance Criteria for Airport
Traffic Control Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law,
none of the funds made available in this Act may be obligated
or expended to limit the use of an Organization Designation
Authorization's (ODA) delegated functions documented in its
procedures manual on a type certification project unless the
Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or
oversight that the safety of air commerce requires a
limitation with regard to a specific authorization or where
an ODA's capability has not been previously established in
terms of a new compliance method or design feature:
Provided, That in such cases FAA shall work with the ODA
holder if requested to develop the capability to execute that
function safely, efficiently and effectively: Provided
further, That this section does not limit the authority of
the Federal Aviation Administration to pursue emergency
actions on ODAs where specific safety issues are noted.
Sec. 119E. None of the funds made available by this Act
and apportioned under section 47114(d) of title 49, United
States Code, shall be made available for construction of a
storage building, or a portion of such building, to shelter
snow equipment in excess of equipment needs established by
standards issued by the Secretary of Transportation that is
owned by an airport categorized as a local general aviation
airport as indicated in Federal Aviation Administration 2017-
2021 National Plan of Integrated Airport Systems (NPIAS)
report unless such airport sponsor certifies conformity with
the following:
(1) The storage building, or portion thereof, to be
constructed will be used to store snow removal equipment
exclusively used for clearing airfield pavement of snow and
ice following a weather event.
(2) The 30-year annual snowfall normal of the nearest
weather station based on the National Oceanic and Atmospheric
Administration Summary of Monthly Normals 1981-2010 exceeds
26 inches.
(3) The airport serves as a base for a medical air
ambulance transport aircraft; (d)that the airport master
record (Form 5010-1) effective on September 14, 2017 for the
airport indicates 45 based aircraft consisting of single
engine, multiple engine, and jet engine aircraft.
(4) The airport sponsor will complete design of the storage
building not later than fiscal year 2018 and initiate
construction of the storage building not later than fiscal
year 2019.
(5) The area of the storage building, or portion thereof,
to be funded under this section shall not exceed 6,000 square
feet.
Sec. 119F. (a) Terminal Aerodrome Forecast.--The
Administrator shall permit an air carrier operation under
part 121 of title 14, Code of Federal Regulations, to operate
to a destination determined to be under visual flight rules
without a Terminal Aerodrome Forecast or Meteorological
Aerodrome Report if a current Area Forecast, supplemented by
other local weather observations or reports, is available,
and an alternate airport that has an available Terminal
Aerodrome Forecast and weather report is specified. The air
carrier shall have approved procedures for dispatch and en
route weather evaluation and shall operate under instrument
flight rules en route to the destination.
(b) Limitation.--Without a written finding of necessity,
based on objective and historical evidence of imminent threat
to safety, the Administrator shall not promulgate any
operation specification, policy, or guidance document that is
more restrictive than, or requires procedures that are not
expressly stated in, the regulations.
Sec. 119G. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services located at those airports
closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified
to be secured by the United States Secret Service, and for
direct and incremental financial losses incurred while such
airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or
distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support
services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of
law, or through fault or negligence, of such operators and
service providers or of third parties (including airports)
are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full
release of the United States Government for all claims for
financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $446,444,304, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act shall not exceed total obligations of $45,268,596,000 for
fiscal year 2019: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$46,007,596,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $3,250,000,000: Provided, That the amounts
made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for
fiscal year 2019 in this or any other Act for ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code,
and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That section
1101(b) of Public Law 114-94 shall apply to funds made
available under this heading: Provided further, That of the
funds made available under this heading, $2,729,000,000 shall
be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, and for the
elimination of hazards and the installation of protective
devices at railway-highway crossings, $16,000,000 shall be
set aside for activities eligible under the Puerto Rico
Highway Program as described in section 165(b)(2)(C) of such
title, $5,000,000 shall be set aside for activities eligible
under the Territorial Highway Program, as described in
section 165(c)(6) of such title, $25,000,000 shall be set
aside for the nationally significant Federal lands and tribal
projects program under section 1123 of the Fixing America's
Surface Transportation (FAST) Act (Public Law 114-94), and
$475,000,000 shall be set aside for a bridge replacement and
rehabilitation program for qualifying States: Provided
further, That for purposes of this heading, (1) the term
``State'' means any of the 50 States or the District of
Columbia and (2) the term ``qualifying State'' means a State
for which the percentage of total deck area of bridges
classified as in poor condition in such State is at least 7.5
percent: Provided further, That the funds made available
under this heading for activities eligible under section
133(b)(1)(A) of title 23, United States Code, and for the
elimination of hazards and the installation of protective
devices at railway-highway crossings, shall be suballocated
in the manner described in section 133(d) of such title,
except that the set-aside described in section 133(h) of such
title shall not apply to funds made available under this
heading: Provided further, That the funds made available
under
[[Page H1695]]
this heading for (1) activities eligible under section
133(b)(1)(A) of such title and for the elimination of hazards
and the installation of protective devices at railways-
highway crossings, and (2) a bridge replacement and
rehabilitation program shall be administered as if
apportioned under chapter 1 of such title and shall remain
available through September 30, 2022: Provided further, That
the funds made available under this heading for activities
eligible under section 133(b)(1)(A) of title 23, United
States Code, and for the elimination of hazards and the
installation of protective devices at railway-highway
crossings, shall be apportioned to the States in the same
ratio as the obligation limitation for fiscal year 2019 is
distributed among the States in section 120(a)(5) of this
Act: Provided further, That, except as provided in the
following proviso, the funds made available under this
heading for activities eligible under the Puerto Rico Highway
Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections
165(b) and 165(c), respectively, of such title and shall
remain available through September 30, 2022: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided
further, That the funds made available under this heading for
the nationally significant Federal lands and tribal projects
program under section 1123 of the FAST Act shall remain
available through September 30, 2022: Provided further, That
the Secretary shall distribute funds made available under
this heading for a bridge replacement and rehabilitation
program to each qualifying State by the proportion that the
percentage of total deck area of bridges classified as in
poor condition in each qualifying State bears to the sum of
the percentages of total deck area of bridges classified as
in poor condition in all qualifying States: Provided
further, That the funds made available under this heading for
a bridge replacement and rehabilitation program shall be used
for highway bridge replacement or rehabilitation projects on
public roads: Provided further, That except as provided in
the following proviso the funds made available under this
heading for a bridge replacement and rehabilitation program
shall be used in areas of a qualifying State that have a
population of 200,000 or fewer individuals: Provided
further, That if a qualifying State has no bridges located in
areas with a population of 200,000 or fewer individuals, or
if a qualifying State has insufficient bridge replacement or
rehabilitation needs in areas of the State with a population
of 200,000 or fewer individuals, the funds made available
under this heading for a bridge replacement and
rehabilitation program may be used for highway bridge
replacement or rehabilitation projects on public roads in any
area of the State: Provided further, That for purposes of
this heading for a bridge replacement and rehabilitation
program, the Secretary shall (1) calculate population based
on the latest available data from the decennial census
conducted under section 141(a) of title 13, United States
Code, and (2) calculate the percentages of total deck area of
bridges classified as in poor condition based on the National
Bridge Inventory as of December 31, 2017.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2019, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2019, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall
[[Page H1696]]
be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of
Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works
and the Committee on Banking, Housing and Urban Affairs of
the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a
direct loan, loan guarantee, or line of credit; and the
amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to
make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written
notification required in the previous proviso shall be made
no later than 180 days after enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $284,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $284,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2019, of which
$9,073,000, to remain available for obligation until
September 30, 2021, is for the research and technology
program, and of which $34,824,000, to remain available for
obligation until September 30, 2021, is for information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $382,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$382,800,000 in fiscal year 2019 for ``Motor Carrier Safety
Grants''; of which $304,300,000 shall be available for the
motor carrier safety assistance program, $32,500,000 shall be
available for the commercial driver's license program
implementation program, $44,000,000 shall be available for
the high priority activities program, and $2,000,000 shall be
made available for commercial motor vehicle operators grants,
of which $1,000,000 is to be made available from prior year
unobligated contract authority provided for Motor Carrier
Safety grants in the Transportation Equity Act for the 21st
Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or
any other Act may be obligated or expended to implement,
administer, or enforce the requirements of section 31137 of
title 49, United States Code, or any regulation issued by the
Secretary pursuant to such section, with respect to the use
of electronic logging devices by operators of commercial
motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C.
1471) or insects.
Sec. 132. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to
implement, enforce or in any other way make effective the
final rule published by the Federal Motor Carrier Safety
Administration on May 27, 2015, entitled ``Lease and
Interchange of Vehicles; Motor Carriers of Passengers''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $190,000,000, of which
$40,000,000 shall remain available through September 30,
2020.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, section 4011 of the Fixing
America's Surface Transportation Act (Public Law 114-94), and
chapter 303 of title 49, United States Code, $152,100,000, to
be derived from the Highway Trust Fund (other than the Mass
Transit Account) and to remain available until expended:
Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2019, are in excess of
$152,100,000, of which $146,700,000 shall be for programs
authorized under 23 U.S.C. 403 and section 4011 of the Fixing
America's Surface Transportation Act (Public Law 114-94) and
$5,400,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $152,100,000 obligation
limitation for operations and research, $20,000,000 shall
remain available until September 30, 2020, and shall be in
addition to the amount of any limitation imposed on
obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $610,208,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2019, are in excess of $610,208,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act, of which
$270,400,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $283,000,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $30,200,000 shall be
for the ``High Visibility Enforcement Program'' under 23
U.S.C. 404; $26,608,000 shall be for ``Administrative
Expenses'' under section 4001(a)(6) of the Fixing America's
Surface Transportation Act: Provided
[[Page H1697]]
further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for
office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National
Priority Safety Programs'' under 23 U.S.C. 405 for ``Impaired
Driving Countermeasures'' (as described in subsection (d) of
that section) shall be available for technical assistance to
the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any
amounts transferred to increase the amounts made available
under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of
any exercise of the authority granted under the previous
proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking
in private passenger motor vehicles without providing full
and appropriate consideration of privacy concerns under 5
U.S.C. chapter 5, subchapter II.
Sec. 143. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States Code, $14,000,000, to remain
available until September 30, 2020, shall be made available
to the National Highway Traffic Safety Administration from
the general fund, of which not to exceed $7,000,000 shall be
available to provide funding for grants, pilot program
activities, and innovative solutions to reduce impaired-
driving fatalities in collaboration with eligible entities
under section 403 of title 23, United States Code, and not to
exceed $7,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-
rail grade crossing safety in collaboration with the Federal
Railroad Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $221,698,000, of
which $18,000,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section
24911 of title 49, United States Code, $400,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses funds provided under this
heading in this Act and previously unawarded funds provided
under this heading in fiscal year 2017 by Public Law 115-31
and fiscal year 2018 by Public Law 115-141, no later than 30
days after enactment of this Act: Provided further, That the
Secretary shall announce the selection of projects to receive
awards for the funds in the previous proviso no later than
180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized
by section 24407 of title 49, United States Code,
$255,000,000, to remain available until expended: Provided,
That section 24405(f) of title 49, United States Code, shall
not apply to projects for the implementation of positive
train control systems otherwise eligible under section
24407(c)(1) of title 49, United States Code: Provided
further, That amounts available under this heading for
projects selected for commuter rail passenger transportation
may be transferred by the Secretary, after selection, to the
appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided
further, That the Secretary shall not limit eligible projects
from consideration for funding for planning, engineering,
environmental, construction, and design elements of the same
project in the same application: Provided further, That
unobligated balances remaining after 4 years from the date of
enactment may be used for any eligible project under section
24407(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24407 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses previously unawarded funds
provided under this heading in fiscal year 2018 by Public Law
115-141 and funds provided under this heading in this Act no
later than 30 days after enactment of this Act: Provided
further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous
proviso no later than 120 days after enactment of this Act.
restoration and enhancement
For necessary expenses related to Restoration and
Enhancement Grants, as authorized by section 24408 of title
49, United States Code, $5,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to
one percent of the funds provided under this heading to fund
the costs of award and project management and oversight:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity for funds provided under this heading
no later than 30 days after enactment of this Act: Provided
further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous
proviso no later than 120 days after enactment of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of
magnetic levitation transportation projects, consistent with
language in 1307(a) through (c) of Public Law 109-59, as
amended by section 102 of Public Law 110-244 (section 322 of
title 23, United States Code), $10,000,000, to remain
available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,291,600,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further,
That at least $50,000,000 of the amount provided under this
heading shall be available for the development, installation
and operation of railroad safety technology, including the
implementation of a positive train control system, on State-
supported routes as defined under section 24102(13) of title
49, United States Code, on which positive train control
systems are not required by law or regulation: Provided
further, That not less than $50,000,000 of the amount
provided under this heading shall be for capital expenses
related to safety improvements, maintenance, and the non-
Federal match for discretionary Federal grant programs to
enable continued passenger rail operations on long-distance
routes (as defined in section 24102 of title 49, United
States Code) on which Amtrak is the sole operator on a host
railroad's line and a positive train control system is not
required by law or regulation: Provided further, That none
of the funds provided under this heading shall be used by
Amtrak to give notice under subsection (a) or (b) of section
24706 of title 49, United States Code, with respect to long-
distance routes (as defined in section 24102 of title 49,
United States Code) on which Amtrak is the sole operator on a
host railroad's line and a positive train control system is
not required by law or regulation, or, except in an emergency
or during maintenance or construction outages impacting such
routes, to otherwise discontinue, reduce the frequency of,
suspend, or substantially alter the route of rail service on
any portion of such route operated in fiscal year 2018,
including implementation of service permitted by section
24305(a)(3)(A) of title 49, United States Code, in lieu of
rail service.
[[Page H1698]]
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations within
60 days of enactment of this Act, a summary of all overtime
payments incurred by the Corporation for 2018 and the three
prior calendar years: Provided further, That such summary
shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid
to those employees receiving waivers for each month for 2018
and for the three prior calendar years.
Sec. 151. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities
in 40 States and are particularly important in rural areas;
and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United
States Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $113,165,000, of which up to
$1,000,000 shall be available to carry out the provisions of
section 5326 of such title: Provided, That none of the funds
provided or limited in this Act may be used to create a
permanent office of transit security under this heading:
Provided further, That upon submission to the Congress of the
fiscal year 2020 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report
on New Starts, including proposed allocations for fiscal year
2020.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $9,900,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act, shall not
exceed total obligations of $9,939,380,030 in fiscal year
2019: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
state of good repair grants under section 5337 of such title,
formula grants for rural areas under section 5311 of such
title, high density state apportionments under section
5340(d) of such title, and the bus testing facilities under
sections 5312 and 5318 of such title, $700,000,000 to remain
available until expended: Provided, That $350,000,000 shall
be available for grants as authorized under section 5339 of
such title, of which $160,000,000 shall be available for the
buses and bus facilities formula grants as authorized under
section 5339(a) of such title, $160,000,000 shall be
available for the buses and bus facilities competitive grants
as authorized under section 5339(b) of such title, and
$30,000,000 shall be available for the low or no emission
grants as authorized under section 5339(c) of such title:
Provided further, That $263,000,000 shall be available for
the state of good repair grants as authorized under section
5337 of such title: Provided further, That $40,000,000 shall
be available for formula grants for rural areas as authorized
under section 5311 of such title: Provided further, That
$40,000,000 shall be available for the high density state
apportionments as authorized under section 5340(d) of such
title: Provided further, That $1,000,000 shall be available
for the bus testing facility as authorized under section 5318
of such title: Provided further, That notwithstanding
section 5318(a) of such title, $6,000,000 shall be available
for the operation and maintenance of bus testing facilities
by institutions of higher education selected pursuant to
section 5312(h) of such title: Provided further, That the
Secretary shall enter into a contract or cooperative
agreement with, or make a grant to, each institution of
higher education selected pursuant to section 5312(h) of such
title, to operate and maintain a facility to conduct the
testing of low or no emission vehicle new bus models using
the standards established pursuant to section 5318(e)(2) of
such title: Provided further, That the term ``low or no
emission vehicle'' has the meaning given the term in section
5312(e)(6) of such title: Provided further, That the
Secretary shall pay 80 percent of the cost of testing a low
or no emission vehicle new bus model at each selected
institution of higher education: Provided further, That the
entity having the vehicle tested shall pay 20 percent of the
cost of testing: Provided further, That a low or no emission
vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title: Provided further, That amounts made
available by this heading shall be derived from the general
fund: Provided further, That the amounts made available
under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000, of which not less than $1,500,000 shall be for a
cooperative agreement through which the Federal Transit
Administration assists small-urban, rural and tribal public
transit recipients and planning organizations with applied
innovation and capacity-building: Provided, That the
assistance provided under this heading not duplicate the
activities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act, $2,552,687,000, to remain
available until September 30, 2022: Provided, That of the
amounts made available under this heading, $2,169,783,950
shall be obligated by December 31, 2020: Provided further,
That of the amounts made available under this heading,
$1,265,670,000 shall be available for projects authorized
under section 5309(d) of title 49, United States Code,
$635,000,000 shall be available for projects authorized under
section 5309(e) of title 49, United States Code, $526,500,000
shall be available for projects authorized under section
5309(h) of title 49, United States Code, and $100,000,000
shall be available for projects authorized under section
3005(b) of the Fixing America's Surface Transportation Act:
Provided further, That the Secretary shall continue to
administer the capital investment grants program in
accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of
section 3005(b) of the Fixing America's Surface
Transportation Act.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary,
in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of division B of
Public Law 110-432.
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
September 30, 2022, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2018, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. Notwithstanding any other provision of law, none
of the funds made available in this Act shall be used to
enter into a full funding grant agreement for a project with
a New Starts share greater than 51 percent.
Sec. 164. Of the unobligated amounts made available for
fiscal years 2005 or prior fiscal years to ``Transit Formula
Grants'', a total of $46,560,000 is hereby permanently
rescinded.
Sec. 165. None of the funds made available under this Act
may be used for the implementation or furtherance of new
policies detailed in the ``Dear Colleague'' letter
distributed by the Federal Transit Administration to capital
investment grant program project sponsors on June 29, 2018.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such
[[Page H1699]]
expenditures, within the limits of funds and borrowing
authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without
regard to fiscal year limitations, as provided by section 104
of the Government Corporation Control Act, as amended, as may
be necessary in carrying out the programs set forth in the
Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities on those
portions of the Saint Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $36,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this
heading, not less than $16,000,000 shall be used on capital
asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training
activities authorized by law, $149,442,000, of which
$70,593,000 shall remain available until September 30, 2020
for the operations of the United States Merchant Marine
Academy, and of which $18,000,000 shall remain available
until expended for the maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine
Academy: Provided, That not later than January 12, 2019, the
Administrator of the Maritime Administration shall transmit
to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the
United States Merchant Marine Academy as required pursuant to
section 3507 of Public Law 110-417: Provided further, That
of the amounts made available under this heading, $3,000,000
shall remain available until September 30, 2020 for the
Maritime Environment and Technology Assistance program
authorized under section 50307 of title 46, United States
Code: Provided further, That of the amounts made available
under this heading, $7,000,000, shall remain available until
expended for the Short Sea Transportation Program (America's
Marine Highways) to make grants for the purposes authorized
under sections 55601(b)(1) and (3) of title 46, United States
Code: Provided further, That available balances under this
heading for the Short Sea Transportation Program (America's
Marine Highways) from prior year recoveries shall be
available to carry out activities authorized under sections
55601(b)(1) and (3) of title 46, United States Code:
Provided further, That from funds provided under the previous
two provisos, the Secretary of Transportation shall make
grants no later than 180 days after enactment of this Act in
such amounts as the Secretary determines: Provided further,
That any unobligated balances available from previous
appropriations for programs and activities supporting State
Maritime Academies shall be transferred to and merged with
the appropriations for ``Maritime Administration, State
Maritime Academy Operations'' and shall be made available for
the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000, of
which $25,000,000, to remain available until expended, shall
be for maintenance, repair, life extension, and capacity
improvement of National Defense Reserve Fleet training ships
in support of State Maritime Academies, of which $8,000,000,
to remain available until expended, shall be for expenses
related to training mariners for costs associated with
training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for
costs associated with mobilizing, operating and demobilizing
the vessel, including travel costs for students, faculty and
crew, the costs of the general agent, crew costs, fuel,
insurance, operational fees, and vessel hire costs, as
determined by the Secretary, of which $300,000,000, to remain
available until expended, shall be for the National Security
Multi-Mission Vessel Program, including funds for
construction, planning, administration, and design of school
ships, of which $2,400,000 shall remain available through
September 30, 2020, for the Student Incentive Program, of
which $3,800,000 shall remain available until expended for
training ship fuel assistance, and of which $6,000,000 shall
remain available until September 30, 2020, for direct
payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $20,000,000, to remain available until
expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Operations and
Training'', Maritime Administration.
port infrastructure development program
To make grants to improve port facilities as authorized
under section 50302 of title 46, United States Code,
$200,000,000 to remain available until expended: Provided,
That projects eligible for funding provided under this
heading shall be projects for coastal seaports: Provided
further, That in addition, $92,730,000, to remain available
until expended, shall be for grants to the 15 coastal
seaports that handled the greatest number of loaded foreign
and domestic twenty-foot equivalent units of containerized
cargo in 2016, as identified by the U.S. Army Corps of
Engineers: Provided further, That the Maritime
Administration shall distribute funds provided under this
heading as discretionary grants to port authorities or
commissions or their subdivisions and agents under existing
authority, as well as to a State or political subdivision of
a State or local government, a tribal government, a public
agency or publicly chartered authority established by one or
more States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of
entities, or a lead entity described above jointly with a
private entity or group of private entities: Provided
further, That projects eligible for funding provided under
this heading shall be either within the boundary of a port,
or outside the boundary of a port, and directly related to
port operations or to an intermodal connection to a port that
will improve the safety, efficiency, or reliability of the
movement of goods into, out of, around, or within a port, as
well as the unloading and loading of cargo at a port:
Provided further, That in awarding grants from funds made
available by the second proviso under this heading for the 15
coastal seaports referred to, the Maritime Administration
shall give priority consideration for proposed projects that
construct treatment facilities defined in section 305.1 of
title 7, Code of Federal Regulations, to meet the
phytosanitary treatment requirements of sections 305.5
through 305.8 of title 7, Code of Federal Regulations:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be up
to 80 percent: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration:
Provided further, That the proceeds of Federal credit
assistance under chapter 6 of title 23, United States Code or
sections 501 through 504 of the Railroad and Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, shall be considered to be part of the non-Federal
share of project costs if the loan is repayable from non-
Federal funds, unless otherwise requested by the project
sponsor.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,710,000:
Provided, That the Secretary of Transportation shall issue a
final rule to expand the applicability of comprehensive oil
spill response plans within 90 days of enactment of this Act:
Provided further, That the amounts appropriated under this
heading shall be reduced by $10,000 per day for each day that
such rule has not been issued following the expiration of the
period set forth in the previous proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $58,000,000, of which $7,570,000 shall
remain available until September 30, 2021: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge
the pipeline program responsibilities of the Oil Pollution
Act of 1990, $165,000,000, to remain available until
September 30, 2021, of which $23,000,000 shall be derived
from the Oil Spill Liability Trust Fund; of which
$134,000,000 shall be derived from the Pipeline Safety Fund;
and of which $8,000,000 shall be derived from fees collected
under 49 U.S.C. 60302 and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less
than $1,058,000 of the funds provided under this heading
shall be for the One-Call State grant program.
[[Page H1700]]
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency
Preparedness Grants program, not more than $28,318,000 shall
remain available until September 30, 2021, from amounts made
available by 49 U.S.C. 5116(h), and 5128(b) and (c):
Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not more
than 4 percent of the amounts made available from this
account shall be available to pay administrative costs:
Provided further, That notwithstanding 49 U.S.C. 5128(b) and
(c) and the current year obligation limitation, prior year
recoveries recognized in the current year shall be available
to develop a hazardous materials response training curriculum
for emergency responders, including response activities for
the transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(a)(1)(C) and
5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $92,600,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be
deemed authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 125 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties, municipalities, other public authorities,
and private sources for expenses incurred for training may be
credited respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before
such announcement: Provided, That the requirement to provide
a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended
by the Improper Payments Elimination and Recovery Act of 2010
and Improper Payments Elimination and Recovery Improvement
Act of 2012, and Fraud Reduction and Data Analytics Act of
2015: Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to depositing such recovery in
the Treasury, the Secretary shall notify the House and Senate
Committees on Appropriations of the amount and reasons for
such transfer: Provided further, That for purposes of this
section, the term ``improper payments'' has the same meaning
as that provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2019''.
[[Page H1701]]
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,900,000, to remain
available until September 30, 2020: Provided, That not to
exceed $25,000 of the amount made available under this
heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $541,500,000, to remain available until
September 30, 2020, of which $70,400,000 shall be available
for the Office of the Chief Financial Officer, (and of which
$20,000,000, to remain available until September 30, 2021,
shall be for the financial transformation initiative);
$97,800,000 shall be available for the Office of the General
Counsel, of which not less than $15,000,000 shall be for the
Departmental Enforcement Center; $206,300,000 shall be
available for the Office of Administration; $40,400,000 shall
be available for the Office of the Chief Human Capital
Officer; $54,300,000 shall be available for the Office of
Field Policy and Management; $19,100,000 shall be available
for the Office of the Chief Procurement Officer; $3,800,000
shall be available for the Office of Departmental Equal
Employment Opportunity; $4,700,000 shall be available for the
Office of Business Transformation; and $44,700,000 shall be
available for the Office of the Chief Information Officer:
Provided, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress:
Provided further, That not more than 10 percent of the funds
made available under this heading for the Office of Chief
Financial Officer for the financial transformation initiative
may be obligated until the Secretary submits to the House and
Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be
realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the
initiative.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $219,800,000, to remain available until
September 30, 2020.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $112,344,000, to remain
available until September 30, 2020.
housing
For necessary salaries and expenses of the Office of
Housing, $382,500,000, to remain available until September
30, 2020, of which not less than $12,000,000 shall be for the
Office of Recapitalization.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $26,000,000, to remain available
until September 30, 2020.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $72,900,000, to remain
available until September 30, 2020.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $8,600,000, to remain
available until September 30, 2020.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion
of any office or agency's printing, records management, space
renovation, furniture, or supply services as the Secretary
determines shall be derived from centralized sources made
available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and
``Government National Mortgage Association'', the Secretary
shall transfer to the Fund such amounts, to remain available
until expended, as are necessary to fund services, specified
in the matter preceding the first proviso, for which the
appropriation would otherwise have been available, and may
transfer not to exceed an additional $5,000,000, in
aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for any
purpose under this heading: Provided further, That amounts
in the Fund shall be the only amounts available to each
office or agency of the Department for the services, or
portion of services, specified in the matter preceding the
first proviso: Provided further, That with respect to the
Fund, the authorities and conditions under this heading shall
supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$18,598,000,000, to remain available until expended, shall be
available on October 1, 2018 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2018), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2019: Provided, That the amounts
made available under this heading are provided as follows:
(1) $20,313,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2019 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the
terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph (except
as otherwise modified under this paragraph), prorate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public
housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2019: Provided
further, That the Secretary may extend the notification
period with the prior written approval of the House and
Senate Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2019 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2018 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2019 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $100,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the previous 12-month period in
order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers; and (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental
[[Page H1702]]
assistance for families as a result of insufficient funding:
Provided further, That the Secretary shall allocate amounts
under the previous proviso based on need, as determined by
the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided,
That when a public housing development is submitted for
demolition or disposition under section 18 of the Act, the
Secretary may provide section 8 rental assistance when the
units pose an imminent health and safety risk to residents:
Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of
the Secretary prior to loan prepayment; (B) the expiration of
a rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
previous proviso may be provided under the authority of
section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the previous
provisos, including, but not limited to, requirements for
defining eligible at-risk households within 60 days of the
enactment of this Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-
Based Rental Assistance'' heading under this title where the
owner has received a Notice of Default and the units pose an
imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines
that such units are not feasible for continued rental
assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,886,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
HUD-VASH vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,856,000,000 of the
amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2019 funding
cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility
Act of 1998 (Public Law 105-276): Provided further, That if
the amounts made available under this paragraph are
insufficient to pay the amounts determined under the previous
proviso, the Secretary may decrease the amounts allocated to
agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $225,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
under this paragraph, shall be available only for incremental
tenant-based rental assistance contracts under such section
811 for non-elderly persons with disabilities, including
necessary administrative expenses: Provided further, That
upon turnover, section 811 special purpose vouchers funded
under this heading in this or prior Acts, or under any other
heading in prior Acts, shall be provided to non-elderly
persons with disabilities;
(5) $4,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of this title, of
which up to $5,000,000 shall be for new incremental voucher
assistance and the remainder of which shall be available to
provide mobility-related services to families with children,
including pre- and post-move counseling and rent deposits,
and to offset the administrative costs of operating the
mobility demonstration: Provided, That incremental voucher
assistance made available under this paragraph shall be for
families with children participating
[[Page H1703]]
in the mobility demonstration and shall continue to remain
available for families with children upon turnover: Provided
further, That for any public housing agency administering
voucher assistance under the mobility demonstration that
determines that it no longer has an identified need for such
assistance upon turnover, such agency shall notify the
Secretary, and the Secretary shall recapture such assistance
from the agency and reallocate it to any other public housing
agency or agencies based on need for voucher assistance in
connection with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2019 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,775,000,000, to remain available until September 30, 2022:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2019, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That of the total amount
made available under this heading, up to $14,000,000 shall be
to support ongoing public housing financial and physical
assessment activities: Provided further, That of the total
amount made available under this heading, up to $1,000,000
shall be to support the costs of administrative and judicial
receiverships: Provided further, That of the total amount
provided under this heading, not to exceed $30,000,000 shall
be available for the Secretary to make grants,
notwithstanding section 203 of this Act, to public housing
agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related
activity as well as needs resulting from unforeseen or
unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2019:
Provided further, That of the amount made available under the
previous proviso, not less than $10,000,000 shall be for
safety and security measures: Provided further, That in
addition to the amount in the previous proviso for such
safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2020, for emergency capital needs have been
processed, shall be allocated to public housing agencies for
such safety and security measures: Provided further, That of
the total amount provided under this heading, up to
$35,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section
34 of the Act (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided further, That of the total
amount made available under this heading, $15,000,000 shall
be for a Jobs-Plus initiative modeled after the Jobs-Plus
demonstration: Provided further, That funding provided under
the previous proviso shall be available for competitive
grants to partnerships between public housing authorities,
local workforce investment boards established under section
107 of the Workforce Innovation and Opportunity Act of 2014
(29 U.S.C. 3122), and other agencies and organizations that
provide support to help public housing residents obtain
employment and increase earnings: Provided further, That
applicants must demonstrate the ability to provide services
to residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under
sections 3 and 6 of the United States Housing Act of 1937 (42
U.S.C. 1437a and 1437d), as necessary to implement the Jobs-
Plus program, on such terms and conditions as the Secretary
may approve upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective implementation of the Jobs-Plus initiative as a
voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of
such notice: Provided further, That for funds provided under
this heading, the limitation in section 9(g)(1) of the Act
shall be 25 percent: Provided further, That the Secretary
may waive the limitation in the previous proviso to allow
public housing agencies to fund activities authorized under
section 9(e)(1)(C) of the Act: Provided further, That the
Secretary shall notify public housing agencies requesting
waivers under the previous proviso if the request is approved
or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal
year 2019 to public housing agencies that are designated high
performers: Provided further, That the Department shall
notify public housing agencies of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading,
$25,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the
activities of risk assessments, abatement, and interim
controls (as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851b)): Provided further, That for purposes of
environmental review, a grant under the previous proviso
shall be considered funds for projects or activities under
title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) for purposes of section 26 of such Act (42
U.S.C. 1437x) and shall be subject to the regulations
implementing such section.
public housing operating fund
For 2019 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,653,116,000, to remain available until
September 30, 2020.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $150,000,000, to
remain available until September 30, 2021: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may
include local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $75,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made
available under this heading no later than 60 days after
enactment of this Act: Provided further, That the Secretary
shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the United States Housing Act of 1937 (42 U.S.C.
1437v(o)), the Secretary may, until September 30, 2019,
obligate any available unobligated balances made available
under this heading in this, or any prior Act.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance
[[Page H1704]]
under sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $80,000,000, to remain
available until September 30, 2020: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections b(3), b(4), b(5),
or c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $655,000,000, to remain available until
September 30, 2023: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $7,000,000
shall be for providing training and technical assistance to
Indian housing authorities and tribally designated housing
entities, to support the inspection of Indian housing units,
contract expertise, and for training and technical assistance
related to funding provided under this heading and other
headings under this Act for the needs of Native American
families and Indian country: Provided further, That of the
funds made available under the previous proviso, not less
than $2,000,000 shall be made available for a national
organization as authorized under section 703 of NAHASDA (25
U.S.C. 4212): Provided further, That amounts made available
under the previous two provisos may be used, contracted, or
competed as determined by the Secretary: Provided further,
That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA:
Provided further, That such costs, including the costs of
modifying such notes and other obligations, shall be as
defined in section 502 of the Congressional Budget Act of
1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any
notes and other obligations, any part of which is to be
guaranteed, not to exceed $17,761,989: Provided further,
That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this
Act: Provided further, That for an additional amount for the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA, $100,000,000 to remain available
until September 30, 2023: Provided further, That the
Secretary shall obligate this additional amount for
competitive grants to eligible recipients authorized under
NAHASDA that apply for funds: Provided further, That in
awarding this additional amount, the Secretary shall consider
need and administrative capacity, and shall give priority to
projects that will spur construction and rehabilitation:
Provided further, That up to 1 percent of this additional
amount may be transferred, in aggregate, to ``Program Office
Salaries and Expenses--Public and Indian Housing'' for
necessary costs of administering and overseeing the
obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the
previous proviso shall remain available until September 30,
2024.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,440,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $553,846,154, to
remain available until expended: Provided further, That up
to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $2,000,000, to remain available until September 30,
2023: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest
grant amounts provided under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $393,000,000, to remain
available until September 30, 2020, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2021: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,365,000,000, to remain
available until September 30, 2021, unless otherwise
specified: Provided, That of the total amount provided,
$3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading,
$65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
203 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2019, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,250,000,000, to remain available
until September 30, 2022: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$54,000,000, to remain available until September 30, 2021:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That of the total amount
provided under this heading, $35,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments, and Indian Tribes serving high need rural
communities: Provided further, That of the total amount
provided under this heading, $4,000,000, shall be made
[[Page H1705]]
available for a program to rehabilitate and modify the homes
of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further, That
funds provided under the previous proviso shall be awarded
within 180 days of enactment of this Act: Provided further,
That funds provided for such program in fiscal years 2016,
2017, and 2018 shall be awarded within 60 days of enactment
of this Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,636,000,000, to
remain available until September 30, 2021: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $280,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $2,219,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That of the amounts made
available under this heading, up to $50,000,000 shall be made
available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, and stalking: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That up to
$7,000,000 of the funds appropriated under this heading shall
be available for the national homeless data analysis project:
Provided further, That all funds awarded for supportive
services under the Continuum of Care program and the Rural
Housing Stability Assistance program shall be matched by not
less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable
to funds made available under this heading for this fiscal
year and prior fiscal years, a grantee may use (or could have
used) as a source of match funds other funds administered by
the Secretary and other Federal agencies unless there is (or
was) a specific statutory prohibition on any such use of any
such funds: Provided further, That the Secretary shall
collect system performance measures for each continuum of
care, and that relative to fiscal year 2015, under the
Continuum of Care competition with respect to funds made
available under this heading, the Secretary shall base an
increasing share of the score on performance criteria:
Provided further, That none of the funds provided under this
heading shall be available to provide funding for new
projects, except for projects created through reallocation,
unless the Secretary determines that the continuum of care
has demonstrated that projects are evaluated and ranked based
on the degree to which they improve the continuum of care's
system performance: Provided further, That the Secretary
shall prioritize funding under the Continuum of Care program
to continuums of care that have demonstrated a capacity to
reallocate funding from lower performing projects to higher
performing projects: Provided further, That all awards of
assistance under this heading shall be required to coordinate
and integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible: Provided further, That any
unobligated amounts remaining from funds appropriated under
this heading in fiscal year 2012 and prior years for project-
based rental assistance for rehabilitation projects with 10-
year grant terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2019: Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further,
That up to $80,000,000 of the funds appropriated under this
heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities, including at least eight
communities with substantial rural populations, can
dramatically reduce youth homelessness: Provided further,
That of the amount made available under the previous proviso,
up to $5,000,000 shall be available to provide technical
assistance on youth homelessness, and collection, analysis,
and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That youth aged
24 and under seeking assistance under this heading shall not
be required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who
are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $11,347,000,000, to remain available until
expended, shall be available on October 1, 2018 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2018), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2019: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $245,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in
an interest-bearing residual receipts account and that are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That
amounts deposited pursuant to the previous proviso shall be
available in addition to the amount otherwise provided by
this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing,
$678,000,000, to remain available until September 30, 2022:
Provided, That of the amount provided under this heading, up
to $90,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further,
That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of
section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project
funds that are held in residual receipts accounts for any
project subject to a section 202 project rental assistance
contract and, upon termination of such contract, are in
excess of an amount to be determined by the Secretary shall
be remitted to the Department and deposited in this account,
to remain available until September 30, 2022: Provided
further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals in addition to the
purposes for which such funds originally were
[[Page H1706]]
appropriated: Provided further, That of the total amount
provided under this heading, $10,000,000, shall be for a
program to be established by the Secretary to make grants to
experienced non-profit organizations, States, local
governments, or public housing agencies for safety and
functional home modification repairs to meet the needs of
low-income elderly persons to enable them to remain in their
primary residence: Provided further, That of the total
amount made available under the previous proviso, no less
than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013), as
amended, for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such
Act, for project assistance contracts pursuant to section
202(h) of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667), including amendments to contracts for such
assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental
assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of
the Cranston-Gonzalez National Housing Act, and for
supportive services associated with the housing for persons
with disabilities as authorized by section 811(b)(1) of such
Act, $184,155,000, to remain available until September 30,
2022, of which $30,155,000 shall be for capital advance and
project rental assistance awards: Provided, That amounts
made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, upon the request of the Secretary, project
funds that are held in residual receipts accounts for any
project subject to a section 811 project rental assistance
contract and, upon termination of such contract, are in
excess of an amount to be determined by the Secretary shall
be remitted to the Department and deposited in this account,
to remain available until September 30, 2022: Provided
further, That amounts deposited in this account pursuant to
the previous proviso shall be available in addition to the
amounts otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
used for amendments and renewals in addition to the purposes
for which such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $50,000,000, to
remain available until September 30, 2020, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$5,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $12,000,000, to remain
available until expended, of which $12,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2019 so as to result in a
final fiscal year 2019 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2019 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2020: Provided, That during fiscal year 2019, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2020: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2019, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2019 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero: Provided further, That for fiscal year 2019, the
Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely
affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2020: Provided, That
during fiscal year 2019, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30,
2020: Provided, That $27,000,000, to remain available until
September 30, 2020, shall be for necessary salaries and
expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that
guaranteed loan commitments exceed $155,000,000,000 on or
before April 1, 2019, an additional $100 for necessary
salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $96,000,000, to remain available until
September 30, 2020: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal
agencies, State or local governments and their agencies, or
colleges or universities for research projects: Provided
further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in
[[Page H1707]]
lieu of compliance with section 102(a)(4)(C) with respect to
documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the
Secretary shall submit a plan, for approval, to the House and
Senate Committees on Appropriations on how it will allocate
funding for this activity: Provided further, That none of
the funds provided under this heading may be available for
the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2020: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses
and provide such training: Provided further, That no funds
made available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $279,000,000, to remain available
until September 30, 2020, of which $45,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, which
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That not less than $95,000,000 of
the amounts made available under this heading for the award
of grants pursuant to section 1011 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs:
Provided further, That $64,000,000 of the funds appropriated
under this heading shall be for the implementation of
projects to demonstrate how intensive, extended multi-year
interventions can dramatically reduce the presence of lead-
based paint hazards in communities containing high
concentrations of both pre-1940 housing and low-income
families by achieving economies of scale that substantially
reduce the cost of lead-based paint remediation activities
and administrative costs for grantees: Provided further,
That such projects in each of seven communities shall be for
five years and serve no more than four contiguous census
tracts in which there are high concentrations of housing
stock built before 1940, in which low-income families with
children make up a significantly higher proportion of the
population as compared to the State average, and that are
located in jurisdictions in which instances of elevated blood
lead levels reported to the State are significantly higher
than the State average: Provided further, That funding
awarded for such projects shall be made available for draw
down contingent upon the grantee meeting cost-savings,
productivity, and grant compliance benchmarks established by
the Secretary: Provided further, That each recipient of
funds for such projects shall contribute an amount not less
than 10 percent of the total award, and that the Secretary
shall give priority to applicants that secure commitments for
additional contributions from public and private sources:
Provided further, That grantees currently receiving grants
made under this heading shall be eligible to apply for such
projects, provided that they are deemed to be in compliance
with program requirements established by the Secretary:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts,
still remaining available, may be used for any purpose under
this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $280,000,000, of which
$260,000,000 shall remain available until September 30, 2020,
and of which $20,000,000 shall remain available until
September 30, 2021: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated:
Provided further, That not more than 10 percent of the funds
made available under this heading for development,
modernization and enhancement may be obligated until the
Secretary submits to the House and Senate Committees on
Appropriations, for approval, a plan for expenditure that--
(A) identifies for each modernization project: (i) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (ii) the estimated life-
cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i)
compliant with the Department's enterprise architecture, (ii)
being managed in accordance with applicable life-cycle
management policies and guidance, (iii) subject to the
Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed
project office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $128,082,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2019 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2019
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated,
[[Page H1708]]
recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit
additional, updated budget information to these Committees
upon request.
Sec. 208. The President's formal budget request for fiscal
year 2020, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2019 and 2020, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 212. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in
fiscal year 2019, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 214. The commitment authority funded by fees as
provided under the heading ``Community
[[Page H1709]]
Development Loan Guarantees Program Account'' may be used to
guarantee, or make commitments to guarantee, notes, or other
obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements
of section 108 of the Housing and Community Development Act
of 1974: Provided, That any State receiving such a guarantee
or commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 215. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 216. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 217. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
under the general heading ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--
Guarantees of Mortgage-Backed Securities Loan Guarantee
Program Account'', and ``Office of Inspector General'' within
the Department of Housing and Urban Development.
Sec. 218. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2019, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2019, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 219. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 220. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any account under
the general heading ``Program Office Salaries and Expenses''
to any other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 221. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a section 8 contract
or contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment
of this Act, and on the first business day of each Federal
fiscal year quarter thereafter while this section remains in
effect.
Sec. 222. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2019.
Sec. 223. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 224. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 225. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
[[Page H1710]]
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 226. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 227. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 228. None of the funds provided in this Act or any
other act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development subject to administrative
discipline (including suspension from work), in this or the
prior fiscal year, but this prohibition shall not be
effective prior to the effective date of any such
administrative discipline or after any final decision over-
turning such discipline.
Sec. 229. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76, section 524 of division G of Public Law 113-235, section
525 of division H of Public Law 114-113, and such authorities
as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums
of care and housing activities to improve outcomes for
disconnected youth.
Sec. 230. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015,
2016, 2017, 2018 and 2019 for the continuum of care (CoC)
program as authorized under subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act, costs paid by program
income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC
program.
Sec. 231. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) No more than 50 percent of each transition grant may be
used for costs of eligible activities of the program
component originally funded.
(c) Transition grants made under this section are eligible
for renewal in subsequent fiscal years for the eligible
activities of the new program component.
(d) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum
of Care and meet standards determined by the Secretary.
Sec. 232. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 233. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply
with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise expired or
would expire in 2016, 2017, 2018, 2019, 2020, or 2021 under
that section. Section 231(b) of such Act (42 U.S.C. 12771(b))
shall not apply to any uninvested funds that otherwise were
deducted or would be deducted from the line of credit in the
participating jurisdiction's HOME Investment Trust Fund in
2018, 2019, 2020, or 2021 under that section.
Sec. 234. Amounts made available in title II of division K
of the Consolidated Appropriations Resolution, 2003 (Public
Law 108-7) under the heading ``Indian Housing Loan Guarantee
Fund Program Account'' for necessary expenses of the Land
Title Report Commission are rescinded.
Sec. 235. (a) Authority.--The Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary'') may carry out a mobility demonstration program
to enable public housing agencies to administer housing
choice voucher assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in a manner
designed to encourage families receiving such voucher
assistance to move to lower-poverty areas and expand access
to opportunity areas.
(b) Selection of PHAs.--
(1) Requirements.--The Secretary shall establish
requirements for public housing agencies to participate in
the demonstration program under this section, which shall
provide that the following public housing agencies may
participate:
(A) Public housing agencies that together--
(i) serve areas with high concentrations of holders of
rental assistance vouchers under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)) in poor, low-
opportunity neighborhoods; and
(ii) have an adequate number of moderately priced rental
units in higher-opportunity areas.
(B) Planned consortia or partial consortia of public
housing agencies that--
(i) include at least one agency with a high-performing
Family Self-Sufficiency (FSS) program; and
(ii) will enable participating families to continue in such
program if they relocate to the jurisdiction served by any
other agency of the consortium.
(C) Planned consortia or partial consortia of public
housing agencies that--
(i) serve jurisdictions within a single region;
(ii) include one or more small agencies; and
(iii) will consolidate mobility focused operations.
(D) Such other public housing agencies as the Secretary
considers appropriate.
(2) Selection criteria.--The Secretary shall establish
competitive selection criteria for public housing agencies
eligible under paragraph (1) to participate in the
demonstration program under this section.
(3) Random selection of families.--The Secretary may
require participating agencies to use a randomized selection
process to select among the families eligible to receive
mobility assistance under the demonstration program.
(c) Regional Housing Mobility Plan.--The Secretary shall
require each public housing agency applying to participate in
the demonstration program under this section to submit a
Regional Housing Mobility Plan (in this section referred to
as a ``Plan''), which shall--
(1) identify the public housing agencies that will
participate under the Plan and the number of vouchers each
participating agency will make available out of their
existing programs in connection with the demonstration;
(2) identify any community-based organizations, nonprofit
organizations, businesses, and other entities that will
participate under the Plan and describe the commitments for
such participation made by each such entity;
(3) identify any waivers or alternative requirements under
subparagraph (e) requested for the execution of the Plan;
(4) identify any specific actions that the public housing
agencies and other entities will undertake to accomplish the
goals of the demonstration, which shall include a
comprehensive approach to enable a successful transition to
opportunity areas and may include counseling and continued
support for families;
(5) specify the criteria that the public housing agencies
would use to identify opportunity areas under the plan;
(6) provide for establishment of priority and preferences
for participating families, including a preference for
families with young children, as such term is defined by the
Secretary, based on regional housing needs and priorities;
and
(7) comply with any other requirements established by the
Secretary.
(d) Funding for Mobility-Related Services.--
(1) Use of administrative fees.--Public housing agencies
participating in the demonstration program under this section
may use administrative fees under section 8(q) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(q)), their
administrative fee reserves, and funding from private
entities to provide mobility-related services in connection
with the demonstration program, including services such as
counseling, portability coordination, landlord outreach,
security deposits, and administrative activities associated
with establishing and operating regional mobility programs.
(2) Use of housing assistance funds.--Public housing
agencies participating in the demonstration under this
section may use housing assistance payments funds under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) for security deposits if necessary to enable
families to lease units with vouchers in designated
opportunity areas.
(e) Waivers; Alternative Requirements.--
(1) Waivers.--To allow for public housing agencies to
implement and administer their Regional Housing Mobility
Plans, the Secretary may waive or specify alternative
requirements for the following provisions of the United
States Housing Act of 1937:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (relating to the
term of a lease and mobility requirements).
(B) Section 8(o)(13)(C)(i) (relating to the public housing
plan for an agency).
(C) Section 8(r)(2) (relating to the responsibility of a
public housing agency to administer ported assistance).
(2) Alternative requirements for consortia.--The Secretary
shall provide alternative administrative requirements for
public housing agencies in a selected region to--
(A) form a consortium that has a single housing choice
voucher funding contract; or
(B) enter into a partial consortium to operate all or
portions of the Regional Housing Mobility Plan, which may
include agencies participating in the Moving To Work
Demonstration program.
(3) Effective date.--Any waiver or alternative requirements
pursuant to this subsection shall not take effect before the
expiration of the 10-day period beginning upon publication of
notice of such waiver or alternative requirement in the
Federal Register.
(f) Implementation.--The Secretary may implement the
demonstration, including its terms, procedures, requirements,
and conditions, by notice.
(g) Evaluation.--Not later than five years after
implementation of the regional housing mobility programs
under the demonstration program under this section, the
Secretary shall submit to the Congress and publish in the
Federal
[[Page H1711]]
Register a report evaluating the effectiveness of the
strategies pursued under the demonstration, subject to the
availability of funding to conduct the evaluation. Through
official websites and other methods, the Secretary shall
disseminate interim findings as they become available, and
shall, if promising strategies are identified, notify the
Congress of the amount of funds that would be required to
expand the testing of these strategies in additional types of
public housing agencies and housing markets.
(h) Termination.--The demonstration program under this
section shall terminate on October 1, 2028.
Sec. 236. Section 221 of the Department of Housing and
Urban Development Appropriations Act, 2015 (42 U.S.C. 1437f-
1; Public Law 113-235; 128 Stat 2754) is repealed.
Sec. 237. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 238. None of the funds made available by this Act may
be used to establish and apply review criteria, including
rating factors or preference points, for participation in or
coordination with EnVision Centers, in the evaluation,
selection, and award of any funds made available and
requiring competitive selection under this Act, except with
respect to any such funds otherwise authorized for EnVision
Center purposes under this Act.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2019''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,400,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,274,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2020, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2020 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $150,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That an additional $2,000,000, to remain available
until September 30, 2023, shall be for the promotion and
development of shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2019, to result in a final appropriation from the
general fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That the first proviso in Public Law
115-141 under the heading ``United States Interagency Council
on Homelessness--Operating Expenses'' is amended by striking
``2020'' and inserting ``2028''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2019, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of
Representatives to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal
year: Provided further, That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
[[Page H1712]]
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in this Act, the
table accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix for
the respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount is
specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from
appropriations made available for salaries and expenses for
fiscal year 2019 in this Act, shall remain available through
September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
Sec. 420. For an additional amount for the ``Railroad
Rehabilitation and Improvement Financing Program'' account
for the cost of modifications, as defined by section 502 of
the Federal Credit Reform Act of 1990, of direct loans issued
pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended, and included in cohort 1, as defined by
the Department of Transportation's memorandum to the Office
of Management and Budget dated November 5, 2018, $17,000,000,
to remain available until expended: Provided, That, for a
direct loan included in cohort 1, as defined in the
memorandum described in the previous proviso, that has
satisfied all obligations attached to such loan, the
Secretary shall repay the credit risk premiums of such loan,
with interest accrued thereon, not later than 60 days after
the enactment of this Act or, for a direct loan included in
cohort 1 with obligations that have not yet been satisfied,
not later than 60 days after the date on which all
obligations attached to such loan have been satisfied.
Sec. 421. Section 127(l) of title 23, United States Code,
is amended by adding at the end the following:
``(3) Additional highway segments.--
``(A) In general.--If any segment of highway described in
clause (i) or (ii) of this subparagraph is designated as a
route of the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation
may continue to operate on that segment, without regard to
any requirement under subsection (a), except that such
vehicle shall not exceed a gross vehicle weight of 120,000
pounds. The highway segments referred to in this paragraph
are as follows:
``(i) The William H. Natcher Parkway (to be designated as a
spur of Interstate Route 65) from Interstate Route 65 in
Bowling Green, Kentucky, to United States Route 60 in
Owensboro, Kentucky.
``(ii) The Julian M. Carroll (Purchase) Parkway (to be
designated as Interstate Route 69) in Kentucky from the
Tennessee state line to the interchange with Interstate Route
24, near Calvert City.
``(B) Nondivisible load or vehicle.--Nothing in this
paragraph shall prohibit the State from issuing a permit for
a nondivisible load or vehicle with a gross vehicle weight
that exceeds 120,000 pounds.''.
Sec. 422. Section 127(s) of title 23, United States Code,
is amended--
(1) by striking the subsection heading and inserting the
following: ``(s) Natural Gas and Electric Battery Vehicles'';
(2) by inserting ``or powered primarily by means of
electric battery power'' after the first time ``natural gas''
appears;
(3) by striking ``any vehicle weight limit'' and inserting
``the weight limit on the power unit by up to 2,000 pounds'';
and
(4) by striking all that follows after ``under this
section'' and inserting a period after ``section''.
[[Page H1713]]
Sec. 423. Section 31112(c) of title 49, United States
Code, is amended--
(1) in the subsection heading by striking ``and Kansas''
and inserting ``Kansas, and Oregon'';
(2) in paragraph (4) by striking ``and'' at the end;
(3) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) Oregon may allow the operation of a truck tractor and
2 property-carrying units not in actual lawful operation on a
regular or periodic basis on June 1, 1991, if--
``(A) the length of the property-carrying units does not
exceed 82 feet 8 inches;
``(B) the combination is used only to transport sugar
beets; and
``(C) the operation occurs on United States Route 20,
United States Route 26, United States Route 30, or Oregon
Route 201 in the vicinity, or between any, of--
``(i) Vale, Oregon;
``(ii) Ontario, Oregon; or
``(iii) Nyssa, Oregon.''.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2019''.
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
TITLE I
IMMIGRATION EXTENSIONS
Sec. 101. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a
note) shall be applied by substituting ``September 30, 2019''
for ``September 30, 2015''.
Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) and (III) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2019'' for ``September 30,
2015''.
Sec. 103. Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) shall be applied by substituting ``September 30, 2019''
for ``September 30, 2015''.
Sec. 104. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be
applied by substituting ``September 30, 2019'' for
``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set
forth in section 214(g)(1)(B) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of
Homeland Security, after consultation with the Secretary of
Labor, and upon the determination that the needs of American
businesses cannot be satisfied in fiscal year 2019 with
United States workers who are willing, qualified, and able to
perform temporary nonagricultural labor, may increase the
total number of aliens who may receive a visa under section
101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such
limitation by not more than the highest number of H-2B
nonimmigrants who participated in the H-2B returning worker
program in any fiscal year in which returning workers were
exempt from such numerical limitation.
TITLE II
TECHNICAL CORRECTIONS
Sec. 201. (a) Section 3(20)(B) of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C.
2302(20)(B)), as amended by section 7 of the Strengthening
Career and Technical Education for the 21st Century Act
(Public Law 115-224), is amended by inserting ``, except
that, for the purpose of section 132, the term `recognized
postsecondary credential' as used in this subparagraph shall
not include a baccalaureate degree'' after ``associate
degree''.
(b) The amendment made by subsection (a) shall take effect
on July 1, 2019, as if included in the Strengthening Career
and Technical Education for the 21st Century Act (Public Law
115-224).
Sec. 202. Section 243 of title II of division C of Public
Law 115-244 is amended by inserting ``248'' after
``section''.
Sec. 203. Section 177 of division C of Public Law 114-223,
as amended by Public Law 114-254, is amended by inserting
``and the 116th Congress'' after ``the 115th Congress'' in
each instance it appears.
Sec. 204. (a) During fiscal year 2019 and each succeeding
fiscal year, amounts appropriated or otherwise made available
for the Architect of the Capitol under the heading ``House
Office Buildings'' may be transferred to the House of
Representatives and merged with and made available under the
heading ``Allowances and Expenses'', subject to the approval
of the Committee on Appropriations of the House of
Representatives.
(b) The period of availability of any amounts transferred
to the House of Representatives under this section shall be
the same period of availability applicable to such amounts as
appropriated for the Architect of the Capitol.
(c) The aggregate amount transferred under this section in
any fiscal year may not exceed $30,000,000.
Sec. 205. (a) Section 1781 of the Export Control Reform Act
of 2018 (50 U.S.C. 4851) is amended--
(1) by redesignating subsections (a), (b), and (c) as
subsections (b), (c), and (d), respectively;
(2) in subsection (b), as so redesignated, in the
subsection heading, by striking ``In General'' and inserting
``Reference''; and
(3) by inserting before subsection (b), as so redesignated,
the following:
``(a) Under Secretary of Commerce for Industry and
Security.--The President shall appoint, by and with the
advice and consent of the Senate, an Under Secretary of
Commerce for Industry and Security, who shall carry out--
``(1) all functions of the Secretary under this subtitle;
and
``(2) all functions delegated to the Under Secretary of
Commerce for Export Administration on the day before the date
of the enactment of this Act.''.
(b) Part III of the Export Control Reform Act of 2018 (50
U.S.C. 4851) is amended by adding at the end the following:
``SEC. 1782. ASSISTANT SECRETARIES OF COMMERCE.
``(a) In General.--The President shall appoint, by and with
the advice and consent of the Senate, two Assistant
Secretaries of Commerce to assist the Under Secretary of
Commerce for Industry and Security in carrying out the
functions described in paragraphs (1) and (2) of section
1781(a).
``(b) Continuation in Office of One Assistant Secretary.--
An individual appointed as an Assistant Secretary of Commerce
under section 15(a) of the Export Administration Act of 1979
(as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)) and
serving in that position on the day before the date of the
enactment of this Act may serve in one of the Assistant
Secretary positions established under subsection (a) on and
after that date without the need for renomination or
reappointment.''.
(c) The table of contents for title XVII of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended by inserting after the
item relating to section 1781 the following:
``Sec. 1782. Assistant Secretaries of Commerce.''.
(d) The amendments made by this section shall take effect
as if included in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
TITLE III
BUDGETARY EFFECTS
Sec. 301. (a) Statutory PAYGO Scorecards.--The budgetary
effects of this division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the
Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71
(115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference
accompanying Conference Report 105-217 and section 250(c)(8)
of the Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this division shall not be
estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
And the Senate agree to the same.
Nita Lowey,
Lucille Royal-Allard,
David E. Price,
Barbara Lee,
Henry Cuellar,
Pete Aguilar,
Kay Granger,
Charles Fleischmann,
Steven M. Palazzo,
Managers on the Part of the House
Richard Shelby,
Shelley Moore Capito,
John Hoeven,
Roy Blunt,
Patrick J. Leahy,
Richard J. Durbin
(Except for border patrol agent and detention bed funding),
John Tester,
Managers on the Part of the Senate
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY, CHAIRWOMAN OF THE HOUSE
COMMITTEE ON APPROPRIATIONS REGARDING H.J. RES. 31
Consolidated Appropriations Act, 2019
The following is an explanation of the Consolidated
Appropriations Act, 2019.
This Act includes 7 regular appropriations bills for fiscal
year 2019. The divisions contained in the Act are as follows:
Division A--Department of Homeland Security
Appropriations Act, 2019
Division B--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2019
Division C--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2019
Division D--Financial Services and General
Government Appropriations Act, 2019
Division E--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2019
Division F--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
Division G--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2019
Division H--Extensions, Technical Corrections, and
Other Matters
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act provides a statement of
appropriations.
[[Page H1714]]
Section 5 of the Act states that each amount designated by
Congress as being for Overseas Contingency Operations/Global
War on Terrorism (OCO/GWOT) is contingent on the President so
designating all such OCO/GWOT amounts and transmitting such
designations to Congress. The provision is consistent with
the requirements in the Budget Control Act of 2011.
Section 6 of the Act provides for adjustments to
compensation.
Section 7 of the Act makes a technical correction to amend
the heading and short title of Division O of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) to be cited as
the ``Stephen Sepp Wildfire Suppression Funding and Forest
Management Activities Act''.
The Act does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
The following is an explanation of Division A, which makes
appropriations for the Department of Homeland Security (DHS)
for fiscal year 2019. Funding provided in this conference
agreement not only sustains existing programs that protect
the nation from all manner of threats, it ensures DHS's
ability to improve preparedness at the federal, state, and
local levels, to prevent and respond to terrorist attacks,
and to hire, train, and equip DHS frontline forces protecting
the homeland.
The language set forth in Senate Report 115-283 carries the
same weight as language included in this joint explanatory
statement and should be complied with unless specifically
addressed to the contrary in the conference agreement or in
this joint explanatory statement. While the statement repeats
some language for emphasis, it does not negate any language
in the Senate report unless expressly stated. Direction
contained in Senate Report 115-283 related to the non-pay
component of ``Operations and Support'' appropriations may be
used by DHS as guidance. When this explanatory statement
refers to the Committees or the Committees on Appropriations,
these references are to the House Appropriations Subcommittee
on Homeland Security and the Senate Appropriations
Subcommittee on Homeland Security.
This explanatory statement refers to certain laws,
organizations, persons, funds, and documents as follows: the
Budget Control Act of 2011, Public Law 112-25, is referenced
as the BCA; the Implementing Recommendations of the 9/11
Commission Act of 2007, Public Law 110-53, is referenced as
the 9/11 Act; the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, Public Law 93-288, is referenced as
the Stafford Act; the Department of Homeland Security is
referenced as DHS or the Department; the Government
Accountability Office is referenced as GAO; and the Office of
Inspector General of the Department of Homeland Security is
referenced as OIG. In addition, ``full-time equivalents'' are
referred to as FTE; ``full-time positions'' are referred to
as FTP; ``Information Technology'' is referred to as IT; the
DHS ``Working Capital Fund'' is referred to as WCF;
``program, project, and activity'' is referred to as PPA; any
reference to ``the Secretary'' should be interpreted to mean
the Secretary of Homeland Security; ``component'' should be
interpreted to mean an agency, administration, or directorate
within the Department of Homeland Security; any reference to
CAS shall mean common appropriations Structure; any reference
to SLTT should be interpreted to mean State, Local, Tribal,
and territorial; and ``budget request'' or ``the request''
should be interpreted to mean the budget of the U.S.
Government for fiscal year 2019 that was submitted to
Congress on February 12, 2018.
Classified Programs
Recommended adjustments to classified programs are
addressed in a classified annex to this joint explanatory
statement.
TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND
OVERSIGHT
Office of the Secretary and Executive Management
Operations and Support
The conference agreement includes an increase for
Operations and Support of $12,521,000 above the budget
request, including increases of: $4,487,000 for the Office
for Civil Rights and Civil Liberties, of which $750,000 is
for the Compliance Branch; $2,120,000 for the Immigration
Data Integration Initiative; $1,638,000 for the Blue Campaign
to continue direct funding for personnel; $321,000 for the
Office of the Citizenship and Immigration Services Ombudsman;
and $1,261,000 for the Privacy Office. The conferees provide
$700,000 for the Office of General Counsel to support an
increase in staffing. The total also reflects increases above
the request of $4,111,000 to sustain fiscal year 2018
operational levels, $2,312,000 for increased rent, and
$1,177,000 for the 2019 pay raise.
The Secretary is directed to provide a monthly report, to
be made public on the Department's website, on family
separations, referrals for prosecution, family unit
detention, referral of minors to the Office of Refugee
Resettlement, and removals, as detailed in Senate Report 115-
283. The report shall also include data on the total number
of referrals for prosecution, as described in House Report
115-948.
The Office of Terrorism Prevention Partnerships is directed
to brief the Committees, within 90 days of the date of
enactment of this Act, on efforts to combat domestic
extremism and terrorist radicalization, as described in House
Report 115-948.
The Office of Civil Rights and Civil Liberties shall ensure
that complainants receive information within 30 days of the
completion of an investigation regarding its outcome, as
described in House Report 115-948.
The Department shall update the Committees on the
implementation and oversight of DHS Policy Directive 047-02,
related to cell site simulators by the Department and its
state and local partners.
The conference agreement includes a provision requiring the
continued submission and publication of the Department's
annual Visa Overstay Report and border security metrics. The
Department is also reminded of its requirement to submit
findings related to the Blue Campaign, as directed in House
Report 115-948.
As described in House Report 115-948, the Department is
directed to continue its semi-annual updates on the Public
Complaint and Feedback System Working Group. In addition, the
Department is directed to sustain the Blue Campaign at not
less than its total fiscal year 2016 level of $5,150,000 in
fiscal year 2019 using component contributions to cover non-
personnel program costs. The Department shall account for and
propose full, direct funding for the program in the
justification materials that accompany all future budget
submissions, as directed in the explanatory statement
accompanying Public Law 115-31.
In accordance with the explanatory statement accompanying
the Consolidated Appropriations Act, 2018 (Public Law 115-
141), the Department recently briefed the Committees on
efforts to understand the homeland security needs of rural
communities, and the Deputy Assistant Secretary for
Intergovernmental Affairs has been given the responsibility
for on-going stakeholder engagement. The Department is
directed to brief the Committees not later than 60 days after
the date of enactment of this Act on current priorities and
focus areas related to rural communities.
Management Directorate
Operations and Support
The conference agreement includes an increase for
Operations and Support of $249,133,000 above the budget
request, including increases of: $4,631,000 for the 2019 pay
raise; $2,500,000 for increased costs to support the National
Finance Center; $3,100,000 for the Cybersecurity Internship
Program within the Office of the Chief Information Officer
(OCIO); and $12,000,000 for Data Center Optimization. The
bill includes a reduction below the request of $879,000 for
the Joint Wireless Program Management Office to reflect
updated estimates for personnel.
Additionally, $230,808,000 is provided for the Office of
Biometric Identity Management (OBIM), which is funded within
the Management Directorate in accordance with the
Cybersecurity and Infrastructure Security Agency Act of 2018
(Public Law 115-278). The Department is directed to brief the
Committees, not later than 120 days after the date of
enactment of this Act, on the progress of OBIM's transition
to the Management Directorate, including an overall status
update on OBIM.
The Department is expected to continue working with the
Committees on the structure and content of budget
justification materials, and is directed to brief the
Committees within 90 days of the date of enactment of this
Act on plans for improving the presentation of the fiscal
year 2021 budget. The Department is expected to refrain from
initiating new programs, projects, or activities for which
funds have not been provided in an appropriations act, either
explicitly or based on a funding request, if such programs,
projects, or activities would have significant resource
requirements beyond the budget year. When emergent
circumstances otherwise require the initiation of significant
new programs or projects, the Department is directed to
provide advance notification to the Committees, along with a
justification for why such activities are required.
The Department shall continue to submit quarterly
obligation plans, which provide transparency to Congress and
departmental leadership on the status of activities and
programs. In lieu of the direction in House Report 115-948
regarding submission of obligation plans under a continuing
funding resolution, the Department is directed to report the
amounts actually executed in the first quarter against the
apportionment level for each component for the first quarter.
Beginning with the second quarter, the Department shall
submit plans showing planned and actual obligations by
quarter.
Section 101 of this Act requires the Department's
submission of a monthly budget and staffing report every 30
days after the last day of each month. In order to provide
flexibility at the end of the fiscal year, the Department is
directed to submit the October 2019 report to the Committees
not later than December 30, 2019. The Department is also
reminded that these reports are to be posted on the
Department's website.
OCIO and Office of the Chief Human Capital Officer are
directed to update the Committees on the status of their
cyber related initiatives as described in House Report 115-
948.
[[Page H1715]]
The Office of Chief Procurement Officer is directed to
support the newly created Countering Weapons of Mass
Destruction Office with procurement review and guidance as it
solidifies program consolidation from the legacy Office of
Health Affairs and Domestic Nuclear Detection Office. As
directed by House Report 115-948, the Department shall assess
the feasibility of establishing a unified headquarters for
U.S. Customs and Border Protection and U.S. Immigration and
Customs Enforcement operational components in South Texas;
provide a report, within 180 days of enactment, detailing
internal procedures to avoid the purchase of ``essentially
the same'' items in violation of the Javits Wagner O'Day Act;
brief the Committees on an implementation plan for field
efficiencies; explore firing range solutions for components;
provide quarterly briefings on summary ratings for all Level
1 and 2 acquisition programs; and direct components to report
to the Office of the Chief Financial Officer (OCFO) on
obligations and expenditures.
With the adoption of a common appropriations structure, the
Department is now poised to standardize its periods of
availability (POAs) to allow for more consistent planning,
programming, budgeting, and execution for three of the four
major appropriation account types: Operations and Support
(O&S); Procurement, Construction, and Improvements (PC&I);
and Research and Development (R&D). With limited exception,
the O&S accounts shall have one year of availability; the
PC&I accounts shall have five years of availability for
construction and three years for all other activities; and
the R&D accounts shall have two years of availability. As
part of future budget requests, the Department shall
thoroughly justify any necessary deviation from these POAs,
to include a description of the specific negative impacts
that would result from a shorter POA.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The conference agreement provides $120,000,000 for
headquarters consolidation at the St. Elizabeths campus. The
Office of the Chief Readiness Support Officer is directed to
brief the Committees on an updated consolidation schedule and
obligation plan as described in House Report 115-948.
Intelligence, Analysis, and Operations Coordination
OPERATIONS AND SUPPORT
The conference agreement provides a total of $253,253,000
for Intelligence, Analysis, and Operations Coordination
Operations and Support, of which $78,299,000 is available
until September 30, 2020.
Office of Inspector General
OPERATIONS AND SUPPORT
A total of $168,000,000 is provided for operations and
support for the Office of Inspector General (OIG), which is
in addition to $25,000,000 in supplemental funding provided
to the OIG in the Bipartisan Budget Act of 2018 (Public Law
115-123) for oversight of major disasters that occurred in
2017.
The OIG is directed to review ICE's implementation and
oversight of the 287(g) program, including training, data
collection, civil liberties protections, and complaint
processes. The OIG shall also continue its program of
unannounced inspections of immigration detention facilities
and publish the results of the inspections and other reports
related to custody operations activities on its public
website. As the OIG continues to conduct unannounced
inspections of detention facilities, it is directed to pay
particular attention to the health needs of detainees.
Within 90 days of the date of enactment of this Act, the
Inspector General shall report to the Committees on the
implementation of, and any interagency coordination
associated with, the previous policy of separating migrant
families; the Executive Order issued on June 20, 2018,
entitled ``Affording Congress an Opportunity to Address
Family Separation;'' and efforts made to reunify families
separated under the previous family separation policy.
The OIG is responsible for conducting annual audits of DHS
fleet management practices and shall make the results for
non-law enforcement sensitive components publicly available.
TITLE I--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 101. The conference agreement continues a provision
requiring the Chief Financial Officer to submit monthly
budget execution and staffing reports within 30 days after
the close of each month.
Section 102. The conference agreement continues a provision
requiring the Inspector General to review grants and
contracts awarded by means other than full and open
competition and report the results to the Committees.
Section 103. The conference agreement continues a provision
directing the Secretary to require contracts providing award
fees to link such fees to successful acquisition outcomes.
Section 104. The conference agreement continues a provision
requiring the Secretary, in conjunction with the Secretary of
the Treasury, to notify the Committees of any proposed
transfers from the Department of Treasury Forfeiture Fund to
any agency at DHS. No funds may be obligated prior to such
notification.
Section 105. The conference agreement continues a provision
related to official travel costs of the Secretary and Deputy
Secretary.
Section 106. The conference agreement continues a provision
requiring the Secretary to submit a report on visa overstay
data and to post border security metrics on the Department's
website.
TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
OPERATIONS AND SUPPORT
The conference agreement provides $12,179,729,000 for
Operations and Support of U.S. Customs and Border Protection
(CBP). This funding level includes an increase of $60,086,000
above the request to include the following: $58,710,000 to
hire 600 new CBP Officers (CBPOs) and encourages CBP to use
available fee funding to hire additional new CBPOs;
$1,000,000 for rescue beacons; $5,000,000 for innovative
technology; $5,797,000 for laboratory personnel for opioid
detection; $2,500,000 for equipment for field labs for opioid
detection; $5,000,000 for counter-network operations at the
National Targeting Center; $15,000,000 for port of entry
technology for opioid detection; $1,000,000 for Carrizo cane
control efforts; $23,492,000 to annualize the cost of CBP
officers hired in fiscal year 2018; $2,000,000 for canine
team personnel for opioid detection; $1,600,000 for support
staff for opioid detection; $10,000,000 for Air and Marine
Operations (AMO) unmanned UAS contracts and other activities
required to increase flying hours; $192,700,000 for improved
medical care, transportation, and consumables to better
ensure the health and safety of migrants who are temporarily
in CBP custody; $157,480,000 for denial of the proposed
travel processing fee changes; $2,000,000 for the Office of
Trade to enhance targeting activities; and $128,386,000 to
support the 2019 pay raise. Funding is provided to sustain
the current level of Border Patrol Agents. The agreement
provides $28,600,000 for CBP recruitment and applicant
processing, a reduction of $17,600,000 from the request, and
$20,000,000 for Border Patrol relocation and retention, a
reduction of $15,098,000 from the request. The conferees
provide an increase of $20,000,000 for the expansion of the
National Targeting Center, a decrease of $6,896,000 from the
request. Additionally, the agreement includes a decrease of
$35,000,000 from Border Patrol vehicle recapitalization.
Following the recent deaths of migrants in custody, CBP
promulgated new interim standard operating procedures to
improve the agency's awareness of migrant welfare and
response to emergency situations. CBP is directed to brief
the Committees, within 60 days of the date of enactment of
this Act, on its progress in establishing more permanent
plans, standards, and protocols, to include the following:
health assessment standards and response protocols for
medical emergencies, including transportation between CBP
locations and to hospitals or other medical response sites;
requirements for ensuring that CBP provides water, nutrition,
hygiene, and sanitation needs of migrants in temporary CBP
custody; standards for temporary holding facilities that
ensure such facilities are humane and used appropriately for
single adults, families, and unaccompanied children;
protocols for responding to surges in migrants crossing the
border; and a plan for providing training to federal and
contract personnel who interact with migrants in CBP custody.
As part of the briefing, CBP shall also present a schedule
for finalizing and implementing these plans, protocols, and
standards; estimates of the associated short-term and longer-
term funding requirements; and any changes to legal
authorities that might be necessary. To facilitate these
additional requirements, the conferees provide $192,700,000
above the request to include $128,000,000 for contract
medical professionals, $40,200,000 for increased consumable
commodities such as food, infant formula and diapers; and
$24,500,000 for increased transportation between CBP
facilities.
When CBP is responsible for the custody of siblings who are
unaccompanied alien children, the Commissioner shall, to the
extent practicable and when it is in the best interest of the
children, place such siblings in the same facility and keep
such siblings together before the Department of Health and
Human Services assumes custody pursuant to 8 U.S.C. 1232(b).
When considering whether a family should remain together
while in custody, the Commissioner should consider the
criminal history of the parent, safety and comfort of the
child, immigration history, and physical and mental health of
all members of the family. DHS is directed to ensure, when
appropriate and feasible, that separated family units are
reunited and transferred together prior to removal, release
from CBP custody, or transfer to Immigration and Customs
Enforcement custody.
As directed in the explanatory statement accompanying
Public Law 115-141, CBP shall continue to brief the
Committees quarterly on its progress toward the development
of a comprehensive assessment of CBP-wide capability gaps, to
include personnel, and directs CBP to brief monthly on
efforts to develop and utilize a Border Patrol workforce
staffing model and to continue these briefings until the
model is mature and used to allocate personnel.
Also as directed in the explanatory statement accompanying
Public Law 115-141, CBP shall continue to post to its website
a combined table of CBP interdictions of currency
[[Page H1716]]
and major categories of drugs, delineated by seizures at and
between the Ports of Entry (POEs), and at checkpoints.
As previously directed in House Report 115-239, CBP shall
continue to report to the Committees the following: the
number of detainees held by CBP for more than 48 and 72
hours, respectively; allegations related to employee
corruption and use of force abuses; and checkpoint,
transportation check, and roving patrol stop operations. This
information should be updated monthly and should include a
list of all CBP facilities used for temporarily detaining
aliens, including the year-to-date average daily population
and the daily population at these facilities at the time of
publication.
The conferees direct CBP to provide regular updates on the
implementation of the working group convened to improve
coordination between U.S. Border Patrol and AMO.
Within 90 days of the date of enactment of this Act, CBP
shall brief the Committees on its search and rescue efforts
for fiscal year 2018, as detailed in House Report 115-239,
with a particular emphasis on the Border Patrol's policies,
methodology, and oversight related to how migrant deaths are
counted. Additionally, CBP is directed to report the death of
any individual in CBP custody, in the temporary custody of
other law enforcement agencies on behalf of CBP, or
subsequent to the use of force by CBP personnel within 24
hours, including relevant details regarding the circumstances
of the fatality.
As directed in House Report 115-948, CBP shall provide a
briefing to the Committees on the results of the Incident-
Driven Video Recording Systems pilot upon its completion and
assessment, including details on lessons learned for policy,
privacy, and resource requirements.
The conferees direct CBP to provide the Committees with
data pertaining to the number and efficacy of roving patrol
stops and to release this data publicly on a semiannual
basis, including a description of CBP policies governing
enforcement actions of this nature; the total number of
roving patrol stops made by CBP personnel, including the
number resulting in arrest; and the date, location, duration,
type of, and reason for each roving patrol stop and each
resulting arrest. All personally identifiable information
about specific individuals shall be redacted from these
reports.
The conferees direct the Department to submit a report that
details its prioritization of POE infrastructure capital
investment projects, the methods and models used to determine
prioritization, and an overview of Public-Private Partnership
agreements. The conferees encourage CBP to work with the
General Services Administration and the Office of Management
and Budget on the annual 5-year Land POEs modernization plan,
which is based on CBP's operational priorities and should
include plans to complete the modernization of pre-9/11 POEs
along the northern border. Specific attention should be paid
to the health, safety, and welfare needs of CBPOs.
The conferees remain concerned with the duty drawback
program, including the Accelerated Payment privilege and
directs CBP to comply with the direction in House Report 115-
948.
To improve oversight on the execution of funding for
personnel, CBP is directed to submit a report not later than
15 days after the end of each month on staffing numbers, to
include gains and losses by pay period during the month.
The conferees direct GAO to conduct a study and report to
the Committees within 240 days of the date of enactment of
this Act, on the advantages and disadvantages of the current
retrospective duty system in comparison to those of a
prospective duty system, with the goal of minimizing
uncollected duties.
CBP and U.S. Citizenship and Immigration Services are
directed to jointly brief the Committees on current
challenges related to the implementation of section 289 of
the Immigration and Nationality Act, related to the right of
entry of American Indians into the United States from Canada.
The briefing shall include legislative options for how to
more equitably implement the intent of section 289 while also
addressing appropriate security concerns. The Department
shall also make this briefing available to the House
Judiciary Committee and the Senate Committee on the
Judiciary, upon request.
procurement, construction, and improvements
The conference agreement provides $2,515,878,000 for
procurement, construction, and improvements, an increase of
$674,330,000 above the request. Of the total, $870,656,000 is
available until September 30, 2021, and $1,645,222,000 is
available until September 30, 2023.
The agreement includes $1,375,000,000 for additional
pedestrian fencing to include $345,000,000 for approximately
11 miles of levee pedestrian fencing and $1,030,000,000 for
approximately 44 miles of primary pedestrian fencing in the
Rio Grande Valley Sector of Texas.
The conferees also provide $100,000,000 for border
surveillance technology to include technologies such as fixed
towers, remote video surveillance systems, mobile
surveillance capability on the northern border, and
innovative towers. The conferees note the significant amount
of carryover funding totaling over $200,000,000 provided in
fiscal year 2018 that has not been placed on contract which
include significant balances for cross border tunnel threat;
integrated fixed towers, linear ground detection including
fiber optics, mobile video surveillance systems; remote video
surveillance systems, and small unmanned aerial systems.
Not later than 30 days prior to any construction contract
award for physical barriers funded in this Act, CBP shall
submit a report to the Committees on the estimated amount of
private property necessary to be obtained, the estimated
associated cost, efforts to consult with stakeholders, and
timeline for acquisition.
The agreement includes $564,000,000 for non-intrusive
inspection equipment at land ports of entry. Additionally,
$6,000,000 has been included for outbound enforcement
equipment; $45,000,000 for inspection equipment at
international mail and express consignment facilities; and
$10,000,000 for automated commercial environment enhancements
to include post core development and collections.
The conferees include $112,612,000 for airframes and
sensors, including three multirole enforcement aircraft, and
$14,500,000 for watercraft, including coastal interceptor
vessels.
The conferees provide a total of $270,222,000 for
construction and facility improvements, an increase of
$222,000,000 above the request. The amount includes
$192,000,000 for a new central processing facility in El
Paso, Texas, $30,000,000 for renovations to the existing
McAllen Central Processing Center, $33,447,000 for a new
Border Patrol Station as requested, and $14,775,000 for
Office of Field Operations facilities as requested. The
conferees expect the new El Paso facility and renovations to
the existing processing center in McAllen, Texas, will make
them more appropriate for use as temporary holding sites for
individuals in CBP custody, particularly families and
unaccompanied children. At a minimum, these facilities should
be equipped with appropriate temperature controls and avoid
chain-link fence-type enclosures. CBP is also encouraged to
use a more appropriate blanket type than currently utilized.
The conferees provide $18,544,000 for revenue
modernization, as requested.
U.S. Immigration and Customs Enforcement
operations and support
The conference agreement provides $7,542,153,000 for
Operations and Support. Of the total amount provided,
$75,448,000 is made available until September 30, 2020, of
which $13,700,000 is for the Visa Security Program;
$26,498,000 is for wiretaps that are necessary to support
dismantling transnational criminal organizations that
threaten the national security and public safety of the
United States; $15,250,000 is for half of the increase
described below for family case management; and $20,000,000
is for half of the increase described below for ICE
management of immigration cases of enrollees in the
alternatives to detention program.
The conference agreement includes $47,250,000 for the 2019
pay raise and does not assume the use of $207,600,000 in
Immigration Examination User Fee revenue to partially offset
costs for eligible activities in this account due to concerns
with the impact to U.S. Citizenship and Immigration Services
(USCIS) operations and the growing backlog in applications
for immigration benefits. The conference agreement assumes a
net reduction below the request of $80,578,000 for salaries
and benefits based on updated payroll analyses provided by
U.S. Immigration and Customs Enforcement (ICE) in January of
2019 indicating that payroll costs to sustain staffing levels
achieved by the end of fiscal year 2018 would fall short of
the amounts proposed in the budget request.
The conferees direct the Department and ICE that while
Section 503 of this Act provides limited authority to address
unanticipated, unavoidable detention needs within the
Operations and Support appropriation, the budgetary impacts
of any detention and enforcement policy must be carefully
considered prior to implementation. Accordingly, within 60
days of the date of enactment of this Act, and monthly
thereafter, ICE shall provide a briefing to the Committees on
a detailed operational and spending plan to show how ICE will
execute its budget within the funding levels appropriated.
Such plan shall not assume the use of transfer or
reprogramming authorities, shall show anticipated budget
allocations at the field office level, and shall track actual
monthly obligations and updated projected obligations against
the original projections for each of the remaining months of
the fiscal year. In the event that ICE transfers or
reprograms funding, these plans shall be updated to accompany
any notification that is required by Section 503.
Within 90 days of the date of enactment of this Act, ICE is
directed to brief the Committees on its plan and schedule for
completing its ongoing evaluation of the potential use of
body worn cameras in its field enforcement activities. The
conferees note that CBP has evaluated the use of body worn
cameras in its operations and encourages ICE to coordinate
with CBP on lessons learned.
ICE shall continue to report and make public the following,
as detailed in House Report 115-239, and shall follow the
previously directed timeframes unless otherwise specified:
Semi-annual update on UACs who age out while in
Office of Refugee Resettlement custody;
Secure Communities report;
[[Page H1717]]
Requirements related to detention facility
inspections reports;
Death in custody reporting, with subsequent
reporting to be released within 90 days of the initial report
unless additional time is required for redacting personally
identifiable information;
Access to facilities;
Detainee locator information;
Changes to the current detention facility category
and inspection framework;
Compliance with the 2011 Performance Based
National Detention Standards (PBNDS 2011) and PREA
requirements; and
Weekly rate of operations for Custody Operations.
The Department shall continue to submit data on the
deportation of parents of U.S.-born children semiannually, as
in prior years, and shall also report semiannually on
removals of honorably discharged members of the armed
services.
The conferees direct ICE, in conjunction with CBP, USCIS,
and the Office of the Chief Financial Officer, to provide the
Committee with regular updates on apprehensions, the average
daily population (ADP) in ICE detention, asylum claims, the
number of prosecution referrals to the Department of Justice
(DOJ), and the number of referrals accepted by DOJ. These
updates should also include information on how the Department
is executing its current year and fiscal year 2019 funding
compared to the enacted appropriations levels.
Within 60 days of enactment of this Act, the Director shall
provide one or more national, nonprofit organizations that
have experience advising on legal resources available to
immigrants, asylum-seekers, and refugees with the location of
all over-72 hour detention facilities, including those owned
by ICE, by contractors, or by units of state or local
government in the event such organizations are willing to
identify pro bono immigration legal services providers in the
area of each facility. ICE shall also display this
information on an easily accessible area of its website, or
provide a link to the organizations' websites if such
information is provided there. To ensure the information is
up-to-date, the Director shall notify the organizations prior
to any change to the inventory or location of the above
mentioned detention facilities.
The conferees are concerned about the results of a recent
Office of Inspector General audit finding that ``[i]nstead of
holding facilities accountable through financial penalties,
ICE issued waivers to facilities with deficient conditions,
seeking to exempt them from complying with certain
standards.'' Further, the audit revealed that ``ICE has no
formal policies and procedures to govern the waiver process,
has allowed officials without clear authority to grant
waivers, and does not ensure key stakeholders have access to
approved waivers.'' To ensure appropriate oversight of waiver
authority, the ICE Director shall have sole authority to
approve waivers, and shall notify the Committees of such
waivers within 3 business days of such approval.
Homeland Security Investigations
Domestic Investigations.--The conferees include the
following increases above the request: $7,200,000 for
additional Computer Forensics Analysts, including for the
Child Victim Identification Program; $1,500,000 for paid
internships for the Human Exploitation Rescue Operative
Child-Rescue Corps program; $1,300,000 for an interoperable,
nationwide information sharing platform related to the
relationships of gang members, the identification of
trafficking routes, and federal coordination between ICE,
CBP, and DOJ; and $2,000,000 for upgrades to the Sexual
Offender Registration and Notification Act exchange portal.
The conference agreement also provides the requested
$6,498,000 for additional wiretaps to support dismantling
Transnational Criminal Organizations that threaten the
national security and public safety of the United States.
The conferees understand the importance of enhancing the
capacity of Homeland Security Investigations (HSI) and its
partners to investigate criminal activity on the Internet to
combat opioids/fentanyl. Accordingly, the conferees include
an increase of $31,605,000 above the request for up to 155
additional criminal investigators and 72 support personnel
dedicated to enhancing opioid/fentanyl-related
investigations. HSI shall brief the Committees not later than
30 days after the date of enactment of this Act on its plan
for executing these funds.
ICE plays a critical role in investigating criminal
organizations that traffic individuals into and within the
United States. The conferees encourage ICE to work with
appropriate nonprofit organizations and victim service
providers to improve the training of ICE officers in the
field to assist in the identification of human trafficking
victims and provide appropriate referrals to victim service
organizations.
The conferees include an increase of $7,500,000 above the
request for the HSI Victim Assistance Program for additional
Victim Assistance Specialists (VASs), Forensic Interview
Specialists, and related personnel. These additional
resources are intended to ensure that HSI's victim assistance
capability is commensurate with that of other federal law
enforcement agencies, with the goal of placing of a VAS with
every human trafficking task force in which HSI participates.
The total includes not less than $305,000 for promoting
public awareness of the child pornography tip line and not
less than $15,770,000 for investigations of forced labor law
violations, to include forced child labor. ICE is directed to
continue to submit an annual report on expenditures and
performance metrics associated with forced labor law
enforcement activities.
The conference agreement provides not less than $15,000,000
for intellectual property law enforcement through the work of
HSI and the National Intellectual Property Rights (IPR)
Coordination Center. ICE is directed to ensure that the
National IPR Center is properly staffed to facilitate
continued enforcement actions against the theft of U.S.
intellectual property, particularly online, as required in
Public Law 114-125. Based on a new wave of digital copyright
piracy involving devices and software that connect consumers'
televisions directly to copyright-theft sites, the conferees
direct ICE to increase investigations and enforcement to
thwart illicit streaming involving media boxes and
televisions.
International Investigations.--The conference agreement
provides an additional $4,780,000 over fiscal year 2018
levels for 12 additional special agents for international
investigations and 2 support staff, whose focus will be to
enhance opioid/fentanyl-related investigations. The
conference agreement annualizes growth to overseas operations
funded in fiscal year 2018, for continued efforts to
interrupt the illicit movement of people and goods prior to
their arrival in the United States.
Not later than 60 days after the date of enactment of this
Act, ICE shall brief the Committees on expansion plans and on
efforts to implement the recommendations in GAO-18-314,
Actions Needed to Strengthen Performance Management and
Planning for Expansion of DHS's Visa Security Program.
Intelligence.--The conferees provide an additional
$7,615,000 over fiscal year 2018 levels for 100 additional
intelligence analysts, whose focus will be to enhance opioid/
fentanyl-related investigations.
Enforcement and Removal Operations
Custody Operations.--The conference agreement includes
increases above the request of $12,450,000 for 112 additional
Health Service Corps staff assigned to detention facilities
and $4,000,000 to bring detention facility compliance with
Prison Rape Elimination Act (PREA) requirements up to 97
percent, from the current 86 percent.
In the execution of these activities, ICE is directed to
ensure that field personnel, including ERO officers, are
appropriately trained on all agency policies and procedures
involving detained parents and legal guardians, including
ICE's directive on the Detention and Removal of Alien Parents
or Legal Guardians and time of arrest protocols to minimize
harm to children.
ICE is directed to prioritize the use of ATD programs for
families, including family case management, for which the
bill provides significant additional resources. ICE should
continue working with the Executive Office for Immigration
Review at the Department of Justice to prioritize the
adjudication timeline for the cases of individuals enrolled
in ATD, particularly those of families and asylum seekers.
An administrative provision in the bill requires ICE to
provide weekly reports to the Committees and to the public on
the average daily population, average length of stay, and
total year-to-date book-ins of single adults and of members
of family units detained in ICE custody, delineated by
arresting agency; the daily counts of single adults and
family units in detention custody; the number of individuals
in detention custody with positive fear determinations and
the average and median post-determination length of stay for
such individuals; and the total number of enrollees in
Alternatives to Detention, including the Family Case
Management Program, along with the average length of
participation.
ICE is also directed to make public the following
statistics, to be updated monthly: the average bond amount
for detainees; the percentage of detainees released after
paying a bond; the average length of detention for
individuals who are released on bond; and the average length
of detention for individuals offered release on bond who
remain in detention because they do not pay the bond.
All forms required to be signed by a detained person must
be available in both English and Spanish. ICE is directed to
report to the Committees within 90 days of the date of
enactment of this Act on a plan and timeline for achieving
this goal.
Additionally, ICE is directed to provide a semi-annual
report to the Committees detailing the number of individuals,
by field office, who are detained by ICE for removal from the
United States but are subsequently determined to be U.S.
Citizens, along with the average and median lengths of stay
in detention for such individuals. The report should also
describe ICE's process for adjudicating claims of U.S.
citizenship by individuals it arrests for removal from the
United States; major impediments to more quickly resolving
such claims; and ICE's efforts to mitigate those impediments.
The first report is due within 90 days of the date of
enactment of this Act.
ICE shall provide a report to the Committees, not later
than 90 days after the date of enactment of this Act,
identifying for each detention contract, Inter-governmental
Service Agreement (IGSA), or Inter-governmental Agreement
(IGA), the detention standards under which it is inspected
and the status of its compliance with PREA standards; all
fiscal year 2018 costs by category, as
[[Page H1718]]
appropriate; and the number of authorized and average number
of on-board medical and mental health personnel, if any,
during the fiscal year. In addition, the ICE Director shall
continue to report to the Committees at least 30 days in
advance of entering into any new or significantly modified
detention contract or other detention agreement that does not
meet or exceed the Performance-Based National Detention
Standards 2011, as revised in 2016. Each report shall include
a justification for why such contract or agreement requires
different standards.
Within 30 days of the date of enactment of this Act, ICE is
directed to brief the Committees on its progress in
implementing the five recommendations made by OIG in its
recent report on detention standards (OIG-18-67). In
addition, GAO is directed to follow-up on the OIG report by
examining ICE's management and oversight of detention
facilities, including the extent to which DHS has:
(1) effective mechanisms in place to monitor compliance
with applicable detention facility standards, including
implementation of corrective actions; and
(2) effective processes in place for obtaining and
addressing complaints from aliens in detention facilities.
GAO shall provide a preliminary briefing to the Committees
on its findings within 180 days of the date of enactment of
this Act.
Individuals detained in ICE detention facilities can
voluntarily participate in work programs at those facilities,
doing jobs such as cooking, laundry, and providing janitorial
services. OIG is directed to review ICE policies and
oversight of contract detention facilities related to
detainee work programs, with a particular focus on how ICE
can ensure that such work is strictly voluntary.
ICE should ensure that operators of family detention
facilities do not prevent co-sleeping by parents and their
young children, which can be a source of comfort to children
in unfamiliar circumstances.
Within 30 days of the date of enactment of this Act and
monthly thereafter, ICE shall report to the Committees on the
fiscal year-to-date criminality breakdown of the individuals
in its custody, as well as the estimated criminality
breakdown associated with its fiscal year-to-date average
daily population, and the criminality breakdown of its daily
population as of the date of the report.
Criminal Alien Program.--ICE is directed to ensure that
every 287(g) jurisdiction has established, and routinely and
formally meets with, steering committees of external
stakeholders to discuss the performance and oversight of
287(g)-designated officers. ICE shall continue to provide an
annual 287(g) report, as detailed in House Report 115-239,
which should also describe any plans for future expansion of
or changes to the use of its 287(g) authority.
The conferees also expect ICE, the Office of Inspector
General (OIG), and the Office for Civil Rights and Civil
Liberties to continue providing rigorous oversight of the
287(g) program, and directs ICE to notify the Committees
prior to implementing any significant changes to the program,
including any changes to training requirements, data
collection, or selection criteria.
Alternatives to Detention.--The conferees include increases
above the request of $28,000,000 to increase the number of
participants in Alternatives to Detention (ATD) programs to
100,000, up from 82,000 assumed in the request; $40,000,000
for additional ICE staffing dedicated to the management of
ATD immigration cases, particularly those of asylum
applicants; and $30,500,000 for the Family Case Management
Program (FCMP), which can help improve compliance with
immigration court obligations by helping families' access
community-based support for basic housing, healthcare, legal,
and educational needs. Within 90 days of the date of
enactment of this Act, ICE shall brief the Committees on a
plan for a program within the FCMP managed by non-profit
organizations that have experience in connecting families
with community-based services.
ICE is directed to continue to provide performance reports
to the Committees on the ATD program, as described in House
Report 114-668. The analysis should also include ATD
enrollment by field office, type of supervision, and
arresting agency, as well as the average length of enrollment
by type of supervision. In addition, the report shall include
ICE guidance for referral, placement, escalation, and de-
escalation decisions in ATD programs.
ICE is directed to ensure that access to ``know your
rights'' presentations is available at the point of
enrollment for all ATD programming, and to explore
opportunities to work with community based organizations that
directly provide case management services, including
referrals to services already available in the community that
are associated with higher ATD compliance rates. ICE shall
brief the Committees not later than 60 days after the date of
enactment of this Act on any challenges it encounters to
achieving this requirement.
Further, ICE is directed to continue exploring the use of
available ATD models on an ongoing basis, prioritize the use
of such detention alternatives for immigrant children and
their families, where appropriate, and release individuals
and their family members who pass credible fear screening and
do not present a public safety or flight risk.
Within 60 days of the date of enactment of this Act, ICE is
directed to brief the Committees on an analysis of each
active Alternatives to Detention program within the last 5
years. This report shall include compliance with court
appearances, immigration appointments, and removal orders,
cost per individual served, response times to requests for
legal counsel, family contact, and medical treatment
(including mental health services). This report shall also
provide data on whether noncompliant ATD participants were
actively in the ATD program, such as whether participants
were expected to be wearing monitors at the time of
noncompliance.
Within the total, not less than $3,000,000 is included to
continue to enable certain aliens on the non-detained docket
to check-in with ICE via self-service kiosks at ERO field
offices. The goal of the program is to reduce the time and
resources that deportation officers devote to managing
encounters and check-ins with applicable aliens, and allowing
those officer resources to devote more time and effort to
improving attendance at immigration hearings and compliance
with removal orders.
Transportation and Removal Program.--In recent months, ICE
has collaborated with organizations that provide temporary
shelter to migrants released from ICE custody. Within the
$114,147,000 increase above the fiscal year 2018 funding
level for the Transportation and Removal Program, ICE is
directed to provide for the transportation of migrants to
such shelters based on where collaborating organizations have
open sheltering capacity, including during surge periods. ICE
shall immediately notify the Committees in advance of any
decision to deny such transportation.
Mission Support
The conferees provide an increase above the request of
$6,975,000 for staffing at the Office of Detention Oversight
within the Office of Professional Responsibility. ICE is
directed to increase the number of inspections of over-72
hour detention facilities from once every three years to
twice per year not later than the end of fiscal year 2019.
Office of the Principal Legal Advisor
The conferees provide an additional $7,397,000 for
additional attorneys and for courtroom expansion to assist in
the backlog of immigration cases currently in the system.
Procurement, Construction, and Improvements
The conferees include $45,559,000 for procurement,
construction, and improvements, consisting of $4,700,000 for
the Consolidated Financial Solution; $30,859,000 for tactical
communications; and $10,000,000 for critical repairs to ICE
facilities.
Transportation Security Administration
Operations and Support
The conference agreement provides an increase of
$73,635,000 above the request for the 2019 pay raise.
The conferees provide an increase of $222,210,000 above the
request for Aviation Screening Operations, including:
$77,000,000 to maintain existing Transportation Security
Administration (TSA) staffing at airport exit lanes in
accordance with section 603 of Public Law 113-67; $44,596,000
for additional transportation security officers and
associated training and support costs to address the
continued growth in passenger volume at airports. The
conferees also provide increases of $15,660,000 to fully fund
fiscal year 2019 Screening Partnership Program requirements;
$2,410,000 for increased field rent; $12,885,000 to hire,
train, certify, and deploy 50 new canine teams to support
increased passenger screening requirements; $10,440,000 for
additional program management staffing to support new
technology acquisitions; and $4,280,000 for the procurement
of additional Credential Authentication Technology units.
The conferees also provide $94,220,000 above the request
for Other Operations and Enforcement, including: $3,000,000
to establish additional training capacity for the Federal
Flight Deck Officer (FFDO) and Flight Crew Training Program
at a location that is more conducive to pilot participation;
$46,280,000 to sustain the Law Enforcement Officer
Reimbursement Program; and $55,637,000 to maintain 31 Visible
Intermodal Prevention and Response (VIPR) teams.
The conference agreement directs TSA to brief the
Committees on a plan for a new FFDO training center not later
than 60 days after the date of enactment of this Act.
The conferees provide an additional $17,699,000 above the
request for mission support for costs associated with added
transportation security officers and canines.
Within 90 days of the date of enactment of this Act, TSA
shall provide a classified briefing to the Committees on the
agency's plans for identifying 3D-printed guns at passenger
screening checkpoints.
The conferees direct TSA to brief the Committees on the
status of the third party canine program not later than 90
days after the date of enactment of this Act.
The funding level for the Federal Air Marshals Service
(FAMS) reflects the fiscal year 2019 requirement, given the
restoration of funds for VIPR teams. In lieu of the direction
in the Senate Report 115-283, TSA shall submit semiannual
reports on FAMS mission coverage, staffing levels, and hiring
rates.
As directed in House Report 115-948, TSA shall make
available a framework for establishing operations centers to
promote interagency response and coordination at federalized
airports.
As directed in House Report 115-948, TSA shall provide a
report on airport compliance
[[Page H1719]]
with subsection (a) of section 3 of the Gerardo Hernandez
Airport Security Act related to security plans.
Procurement, Construction, and Improvements
The conference agreement provides an increase of
$31,160,000 above the request to include an increase of
$20,000,000 to accelerate the procurement and deployment of
computed tomography equipment to enhance detection
capabilities for carry-on baggage and $40,000,000 for TSA to
continue reimbursement of airports that incurred costs
associated with the development of a partial or completed in-
line baggage system prior to August 3, 2007.
In light of the Department's recent decision to discontinue
further development efforts for the Technology Infrastructure
Modernization (TIM) system, no funding is provided to
continue TIM system development in fiscal year 2019.
The conferees note that the purchases of equipment with a
unit cost of less than $250,000 will continue to be made with
Operations & Support funds.
Within 60 days of the date of enactment of this Act, TSA
shall brief the Committees on its investment plans for
checkpoint security and explosives detection systems
refurbishment, procurement, and installation on an airport-
by-airport basis in fiscal year 2019, and shall provide
quarterly updates on any deviations from this plan.
Coast Guard
Operations and Support
The conference agreement provides an increase of
$215,063,000 above the request, including: $15,000,000 for an
additional 250 military personnel; $12,948,000 for the 2019
pay raise; $2,000,000 to increase child care benefits; as
well as increases to address rising costs for fuel and rent.
Within the total amount provided, $11,000,000 is available
until September 30, 2021, including $6,000,000 to continue
the Fishing Safety Training Grants and Fishing Safety
Research Grants programs, and $5,000,000 for the National
Coast Guard Museum. Additionally, within the total amount
provided, $13,429,000 is available until September 30, 2023
for environmental compliance and restoration.
The Coast Guard is directed to continue to provide an
annual report within 90 days after the date of enactment of
this Act, on the number of expedited requests for transfer
made by victims of sexual assault during the prior fiscal
year, as described on page 40 of House Report 115-948.
Illegal, unreported, and unregulated (IUU) fishing leads to
billions in losses for the global fishing industry and is a
source of financing for illicit activity such as piracy, drug
trafficking, human trafficking, and slavery. The Coast Guard
is directed to submit a plan for a one-year pilot program to
address this issue, not later than 120 days after the date of
enactment of this Act, as described on pages 40 and 41 of
House Report 115-948.
The conferees are concerned about the risks posed by
natural disasters, including tsunamis, to Coast Guard
stations. The Coast Guard is directed to identify natural
disaster risks and develop a plan to mitigate the identified
risks and improve the resiliency of stations.
The Coast Guard is urged to use up to $1,000,000 to expand
existing Partnership in Education programs, as described on
page 41 of House Report 115-948.
Within 180 days of the date of enactment of this Act, the
Coast Guard shall provide a briefing to the Committees with
an assessment of the Coast Guard's ability to conduct
maritime law enforcement activities in the high seas in
support of international partners, as specified in Senate
Report 115-283.
Procurement, Construction, and Improvements
The conference agreement provides an increase of
$361,510,000 above the request, including increases of:
$5,000,000 for post-delivery activities for the tenth
National Security Cutter; $2,600,000 for post-delivery
activities for an eleventh National Security Cutter;
$5,000,000 for survey and design work to support the
acquisition of a Great Lakes icebreaker; $105,000,000 for the
HC-130J aircraft program; $95,000,000 to recapitalize MH-60T
aircraft; $8,000,000 to fund both the planned avionics
upgrades and the costs associated with the service life
extension project for HH-65 aircraft; $100,000,000 for
additional Fast Response Cutters as described on page 43 of
House Report 115-948; $39,510,000 for the top two priorities
on the Coast Guard's Unfunded Priority List (UPL) that
support operational assets and maritime commerce and the top
priority on the Coast Guard's UPL for addressing facility
deficiencies; and $74,510,000 for the three highest priority
MASI projects on the Coast Guard's UPL and $5,000,000 for
survey and design work associated with the Coast Guard's top
UPL aircraft facility priority. The agreement includes
$655,000,000 for production of the first Polar Security
Cutter (PSC) and $20,000,000 for long lead time materials for
a second PSC.
RESEARCH AND DEVELOPMENT
The Coast Guard's Research and Development account's bill
language has been revised to be consistent with the Research
and Development appropriations language provided for all
other DHS components funding research and development
activities. The conferees intention is that the Coast Guard's
appropriations and corresponding authorities in the new
Research and Development account remain the same in scope as
those included in the Coast Guard's legacy Research,
Development, Testing, and Evaluation account.
The conference agreement includes $1,000,000 to evaluate
bromine-free systems in cutters, as described on page 71 of
Senate Report 115-283.
United States Secret Service
OPERATIONS AND SUPPORT
The conference agreement provides an increase above the
request of $64,220,000, including increases of: up to
$9,500,000 for overtime pay for agents and officers in
calendar year 2018; $20,171,000 for the 2019 pay raise;
$14,400,000 to annualize funding for additional personnel
hired in fiscal year 2018; $3,729,000 for increased hiring in
fiscal year 2019; $11,900,000 for additional retention
initiatives; $594,000 for audio countermeasures; $784,000 to
sustain fiscal year 2018 funding levels for forensic and
investigative support related to missing and exploited
children; $6,000,000 for grants related to investigations of
missing and exploited children; $21,022,000 for basic and
advanced computer forensics training for state and local law
enforcement officers, judges, and prosecutors in support of
the Secret Service mission. The increases above the request
accelerate the Secret Service's long-term hiring plan to
rebuild law enforcement and mission critical support staffing
and will enable the Secret Service to reach 7,650 personnel
in fiscal year 2019.
Within the total amount provided, $40,036,000 is made
available until September 30, 2020, including $6,782,000 for
the James J. Rowley Training Center; $10,754,000 for
Operational Mission Support; $18,000,000 for protective
travel; and $4,500,000 for National Special Security Events
(NSSE).
In addition, the conference agreement provides $19,000,000
to defray costs specific to the Secret Service execution of
its statutory responsibilities to direct the planning and
coordination of NSSEs. This amount includes a realignment of
$14,500,000 from the Protection of Persons and Facilities PPA
to the Presidential Campaigns and NSSE PPA, in light of
Secretary's designation of recurring significant events as
NSSEs on an ongoing basis.
Procurement, Construction, and Improvements
The conference agreement provides an increase above the
request of $8,000,000 to complete construction of vehicle
checkpoints and an increase of $6,475,000 for deferred
maintenance and investments in audio countermeasures at the
White House complex.
Additionally, the conference agreement provides $40,800,000
for the Fully Armored Vehicle Program within the Procurement,
Construction, and Improvements appropriation, including
$17,840,000 that was requested under Operations and Support.
RESEARCH AND DEVELOPMENT
The conference agreement provides $2,500,000 for Research
and Development.
TITLE II--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 201. The conference agreement continues a provision
regarding overtime compensation.
Section 202. The conference agreement continues a provision
allowing CBP to sustain or increase operations in Puerto Rico
with appropriated funds.
Section 203. The conference agreement continues a provision
regarding the availability of passenger fees collected from
certain countries.
Section 204. The conference agreement continues a provision
allowing CBP access to certain reimbursements for
preclearance activities.
Section 205. The conference agreement continues a provision
prohibiting individuals from importing prescription drugs
from Canada.
Section 206. The conference agreement continues a provision
regarding the waiver of certain navigation and vessel-
inspection laws.
Section 207. The conference agreement continues a provision
preventing the establishment of new border crossing fees at
land ports of entry.
Section 208. The conference agreement continues a provision
allowing the Secretary to reprogram and transfer funds within
and into ``U.S. Immigration and Customs Enforcement--
Operations and Support'' to ensure the detention of aliens
prioritized for removal.
Section 209. The conference agreement continues a provision
prohibiting the use of funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to continue a delegation of authority under the
287(g) program if the terms of an agreement governing such
delegation have been materially violated.
Section 210. The conference agreement continues a provision
prohibiting the use of funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' to contract with a facility for detention services
if the facility receives less than ``adequate'' ratings in
two consecutive performance evaluations.
Section 211. The conference agreement continues a provision
clarifying that certain elected and appointed officials are
not exempt from federal passenger and baggage screening.
Section 212. The conference agreement continues a provision
directing TSA to deploy explosives detection systems based on
risk and other factors.
[[Page H1720]]
Section 213. The conference agreement continues a provision
authorizing TSA to use funds from the Aviation Security
Capital Fund for the procurement and installation of
explosives detection systems or for other purposes authorized
by law.
Section 214. The conference agreement continues a provision
prohibiting the use of funds in abrogation of the statutory
requirement for TSA to monitor certain airport exit points.
Section 215. The conference agreement continues a provision
prohibiting funds made available by this Act for recreational
vessel expenses, except to the extent fees are collected from
owners of yachts and credited to this appropriation.
Section 216. The conference agreement continues a provision
under the heading ``Coast Guard--Operating Expenses''
allowing up to $10,000,000 to be reprogrammed to or from
Military Pay and Allowances.
Section 217. The conference agreement continues a provision
requiring the Commandant of the Coast Guard to submit a
future-years capital investment plan.
Section 218. The conference agreement continues a provision
allowing the Secret Service to obligate funds in anticipation
of reimbursement for personnel receiving training.
Section 219. The conference agreement continues a provision
prohibiting the use of funds by the Secret Service to protect
the head of a federal agency other than the Secretary of
Homeland Security, except when the Director has entered into
a reimbursable agreement for such protection services.
Section 220. The conference agreement continues a provision
allowing the reprogramming of funds within ``United States
Secret Service--Operations and Support''.
Section 221. The conference agreement continues a provision
allowing funds made available within ``United States Secret
Service--Operations and Support'' to be available for travel
of employees on protective missions without regard to the
limitations on such expenditures.
Section 222. The conference agreement includes a provision
requiring the Secretary to submit an expenditure plan for
funds made available under ``U.S. Customs and Border
Protection--Procurement, Construction, and Improvements''
Section 223. The conference agreement continues a provision
related to the allocation of funds for Overseas Contingency
Operations/Global War on Terrorism.
Section 224. The conference agreement includes a provision
prohibiting ICE from removing sponsors or potential sponsors
of unaccompanied children based on information provided by
the Office of Refugee Resettlement as part of the sponsor's
application to accept custody of an unaccompanied child,
except when that information meets specified criteria.
Section 225. The conference agreement includes a new
provision authorizing a three-year pilot program through
which TSA could enter into reimbursable agreements with up to
eight TSA-regulated entities for screening services provided
by Transportation Security Officers at locations other than
primary passenger terminal screening areas.
Section 226. The conference agreement includes a new
provision that requires ICE to provide statistics about its
detention population.
Section 227. The conference agreement continues a provision
prohibiting the use of funds to reduce the Coast Guard's
Operations Systems Center mission or staff.
Section 228. The conference agreement continues a provision
prohibiting the use of funds to conduct a competition for
activities related to the Coast Guard National Vessel
Documentation Center.
Section 229. The conference agreement continues a provision
allowing the use of funds to alter, but not reduce,
operations within the Civil Engineering program of the Coast
Guard.
Section 230. The conference agreement includes a provision
allocating funds within CBP's Procurement, Construction, and
Improvements account for specific purposes.
Section 231. The conference agreement includes a provision
limiting construction in specified areas.
Section 232. The conference agreement includes a provision
requiring consultation and a public comment period prior to
construction in certain jurisdictions.
TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity And Infrastructure Security Agency
Public Law 115-278 authorized the reorganization of the
National Protection and Programs Directorate into a new
Cybersecurity and Infrastructure Security Agency (CISA). In
concert with that authorization, appropriations for the
Office of Biometric Identity Management (OBIM) have been
realigned to the Management Directorate. While the Secretary
determines an organizational placement for the Federal
Protective Service (FPS), as directed by Public Law 115-278,
funding for FPS is provided within CISA.
CISA is directed to provide a briefing, not later than 90
days of the date of enactment of this Act and semiannually
thereafter, on the updated timelines and acquisition
strategies for the National Cybersecurity Protection System
(NCPS) program and the Continuous Diagnostics and Mitigation
(CDM) program, including the accelerated deployment of CDM
Phase 4 data protection management (Digital Rights
Management, Data Masking, Micro-Segmentation, Enhanced
Encryption, Mobile Device Management, etc.) across all
``.gov'' civilian agencies.
Advanced persistent threats targeting critical
infrastructure sectors in the United States is cause for
concern. Not later than 60 days of the date of enactment of
this Act, the Department is directed to brief the Committees
on the status of implementing the recommendations of the 2017
report of the National Infrastructure Advisory Council,
Securing Cyber Assets: Addressing Urgent Cyber Threats to
Critical Infrastructure.
To provide greater flexibility, CISA PPAs are included in
the control table for purposes of reprograming and transfer
thresholds at the second level PPA. It is expected that CISA
will include in its budget request greater detail, to at
least the third level PPA, so Congress can continue fiscal
oversight and not have to return to a greater level of
specificity in the control table.
OPERATIONS AND SUPPORT
A total of $1,345,802,000 is provided for Operations and
Support, of which $18,650,000 is made available until
September 30, 2020, for the National Infrastructure
Simulation Analysis Center (NISAC). The conferees include a
total of $33,000,000 for the Election Infrastructure Security
Initiative (EISI) and $7,397,000 for the 2019 pay raise as
described through CISA PPAs.
CYBERSECURITY
The Department has a significant role in assisting state
and local election officials as they prepare for federal
elections. While an OIG investigation on the status of the
Department's assistance to States continues, to further aid
the Committees' oversight, the GAO shall examine how the
Department is implementing its key responsibilities in
overseeing protection of the elections critical
infrastructure subsector and the reported benefits and
challenges of such efforts. GAO shall provide a report not
later than 180 days after the date of the enactment of this
Act.
CISA is directed to explore opportunities for facilitating
partnerships, such as those described in House report 115-
948, between and among federal, state, local, and private
entities on the use of testing and modeling to evaluate cyber
vulnerabilities in critical infrastructure and work with the
Chief of the National Guard Bureau and other stakeholders to
identify best practices for such testing and modeling. CISA
shall brief the Committee not later than 180 days after the
date of enactment of this Act on how CISA, the National
Guard, and other stakeholders could play a larger role in
facilitating such partnerships.
CISA is directed to brief the Committees, not later than 90
days after the date of enactment of this Act, on the
feasibility of establishing a pilot for a hacking competition
that would allow independent cyber experts to identify
cybersecurity vulnerabilities in election systems across the
country, with participants potentially eligible to receive
rewards, as determined by the Secretary, based upon their
findings. The participation of state and local election
officials, including any access to their networks, should be
completely voluntary. State and local election officials, as
well as election service providers, should be appropriately
notified about relevant cybersecurity vulnerabilities
discovered through the competition.
Cyber Readiness and Response.--The conferees include an
increase above the request of $29,379,000 for EISI;
$3,000,000 to increase cybersecurity services for the non-
election critical infrastructure sectors; and $11,400,000 to
continue enhanced training, malware analysis, safety systems
vulnerability analysis, incident response, and assessments of
Industrial Control Systems in emerging sectors and
subsectors.
The conferees also include $3,000,000 for the establishment
of pilot programs to explore and evaluate the most effective
methods for cybersecurity information sharing, focusing on
regional information sharing; communications and outreach;
training and education; and research and development for the
improvement of State, local, tribal, and territorial (SLTT)
government capabilities and capacity.
Cyber Infrastructure Resilience.--The conferees include an
increase above the request of $7,971,000 to fully fund
cybersecurity advisors; $4,300,000 to sustain fiscal year
2018 funding levels for the Cybersecurity Education and
Training Assistance Program (CETAP); and $4,100,000 to hire
subject matter experts for training systems and for
instructional system design, develop consolidated
cybersecurity training curricula and a course catalog, and
create marketing materials to engage customers.
Federal Cybersecurity.--The conferees include an increase
above the request of $3,600,000 to accelerate deployment of
CDM to federal departments and agencies.
INFRASTRUCTURE PROTECTION
Infrastructure Capacity Building.--The conferees include an
increase of $1,121,000 above the request for EISI and
includes an increase of $4,650,000 above the request, as well
as a realignment of $2,750,000, to support regionalization
efforts to improve service delivery to the field. The
conferees also include a total of $17,277,000 for the Office
of Bombing Prevention (OBP), of which $2,090,000, above the
request is to provide needed training, information sharing,
and awareness programs for SLTT and private sector entities
related to trends in terrorist utilization of explosives. The
funding will also provide for analysis of current counter-
explosives capabilities and identification of capability
gaps.
[[Page H1721]]
Also included, as requested, is $11,800,000 for the proposed
soft target program.
Infrastructure Security Compliance.--The conferees include
a realignment of $3,148,000 from this PPA for salaries and
benefits to support regionalization efforts.
EMERGENCY COMMUNICATIONS
Emergency Communications Preparedness.--The conferees
include an increase of $2,000,000 above the request for EISI.
INTEGRATED OPERATIONS
Cyber and Infrastructure Analysis.--The conferees include
an increase of $9,738,000 above the request to restore the
proposed reduction to the NISAC and an increase of $500,000
for EISI.
In July 2018, the Secretary announced the redesignation of
the Office of Cyber and Infrastructure Analysis (OCIA) as the
National Risk Management Center (NRMC) in an effort to
refocus risk management efforts across the various critical
infrastructure sectors. As part of the effort, CISA aims to
improve security and resiliency outcomes by focusing more on
sector-wide and cross-sector risks and dependencies. The
conferees include a realignment of $17,216,000 into this PPA
for such activities. Not later than 90 days after the date of
the enactment of this Act, the NRMC is directed to provide a
detailed spend plan for its fiscal year 2019 activities. This
spend plan should highlight the operational change in
strategy from prior years, to include the anticipated outcome
resulting from these efforts.
The conferees include an increase of $4,962,000 above the
request for risk analyses of industrial control systems. The
conferees also encourage CISA to use commercial, human-led
threat behavioral analysis and technology. NRMC is also
encouraged to employ private sector, industry-specific threat
intelligence and best practices to better characterize
potential consequences to other critical infrastructure
sectors during a systemic cyber event.
Critical Infrastructure Situational Awareness.--The
conferees include an increase of $3,000,000 above the request
to improve and enhance capabilities for near-real-time
monitoring of the inter-connected dependencies of the
electric power subsector and other critical infrastructure
sectors. The conferees also include an increase of $775,000
to support regionalization efforts to improve service
delivery to the field.
Stakeholder Engagement and Requirements.--The conferees
include an increase of $1,700,000 above the request for the
software assurance program and $2,000,000 to continue efforts
to ensure the integrity of supply chains.
FEDERAL PROTECTIVE SERVICE
A total of $1,527,110,000 is made available for the FPS.
This funding is generated by collections of security fees
from federal agencies based on security services provided by
FPS.
Not later than 90 days of the date of enactment of this
Act, FPS shall provide a briefing to the Committees as
described in Senate Report 115-283. In addition, FPS is
directed to provide an expenditure plan to the Committees,
not later than 90 days after the date of enactment of this
Act, detailing planned obligations for operating expenses and
countermeasures by region and facility.
A new revenue model study completed by the Administration
and FPS, which proposed a method to more accurately assign
security costs to users, is currently scheduled for
implementation in fiscal year 2020. A provision is included
requiring FPS to evaluate alternative approaches and methods
to fund ``Countermeasures'' security costs and provide a
report to the Committees on its conclusions not later than
180 days after the date of enactment of this Act. These
approaches and methods should demonstrate efficiency,
focusing on innovative countermeasures which are planned for
in advance, and solutions that take into consideration a
federal agency's own investments in security.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
CYBERSECURITY
The conferees include an increase of $34,452,000 above the
request to support evolving requirements of CDM capabilities.
A reduction of $15,000,000 to the NCPS acquisition program
is included due to contract delays. Such unused contract
funds are redirected to facility construction, expansion, and
renovations necessary to support CISA's growing cybersecurity
workforce; expanding operations, laboratory, and logistics
support activities; and Continuity of Operations functions at
the agency's existing support facility. In fiscal year 2018,
$500,000 was appropriated for facility design purposes.
INFRASTRUCTURE PROTECTION
The conferees include an increase of $5,000,000 to
modernize IP Gateway infrastructure technology, as described
in House Report 115-948, as requested.
INTEGRATED OPERATIONS
The conferees include a realignment of $413,000 into this
appropriation from the Operations and Support appropriation
for the Modeling Capability Transition Environment (MCTE)
program.
RESEARCH AND DEVELOPMENT
CYBERSECURITY
As described in both House Report 115-948 and Senate Report
115-283, the conferees support funding for cybersecurity
research and development; however, the request's proposal to
realign these efforts from the Science and Technology
Directorate into CISA is rejected.
INFRASTRUCTURE PROTECTION
An increase of $2,000,000 is provided above the amount
requested for the Technology Development and Deployment
Program to define agency needs, identify requirements for
community level critical infrastructure protection and
resilience, and rapidly develop, test, and transition to use
technologies that address these needs and requirements.
INTEGRATED OPERATIONS
The conferees include a realignment of $1,215,000 from the
Infrastructure Protection PPA as part of the new NRMC
refocusing efforts.
Federal Emergency Management Agency
OPERATIONS AND SUPPORT
The conference agreement provides an increase above the
request of $29,976,000, including an increase of: $17,817,000
for Urban Search and Rescue teams, of which $10,150,000 is to
recapitalize critical equipment necessary to conduct life-
saving search and rescue operations; $5,840,000 for the 2019
pay raise; up to $1,800,000 is to administer predisaster
mitigation programs in conjunction with funds made available
through the Disaster Relief Fund; $2,500,000 to utilize
existing enhanced communications platforms that integrate
telephone, mobile, and web communications to provide real-
time feedback, as described in House Report 115-948; and
$1,000,000 to support FEMA's ongoing efforts to deploy the
Interoperable Gateway System throughout the continental U.S.
and the Caribbean, as described in House Report 115-948.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
The conference agreement provides an increase of
$30,481,000 above the request, including an increase of:
$20,000,000 for design work and renovation of facilities at
the Center for Domestic Preparedness; $5,000,000 for capital
improvements at the Mount Weather Emergency Operations
Center; and up to $10,000,000 for the Grants Management
Modernization program.
FEDERAL ASSISTANCE
The conference agreement provides an increase of
$449,447,000 above the request. The amount provided for this
appropriation by PPA is as follows:
----------------------------------------------------------------------------------------------------------------
Budget Estimate Conference Agreement
----------------------------------------------------------------------------------------------------------------
Federal Assistance
Grants
State Homeland Security Grant Program................ $349,362,000 $525,000,000
(Operation Stonegarden).......................... - - - (90,000,000)
(Nonprofit Security)............................. - - - (10,000,000)
Urban Area Security Initiative....................... 448,844,000 640,000,000
(Nonprofit Security)............................. - - - (50,000,000)
Public Transportation Security Assistance............ 36,358,000 100,000,000
(Amtrak Security)................................ - - - (10,000,000)
(Over-the-Road Bus Security)..................... - - - (2,000,000)
Port Security Grants................................. 36,358,000 100,000,000
Assistance to Firefighter Grants..................... 344,344,000 350,000,000
Staffing for Adequate Fire and Emergency Response 344,344,000 350,000,000
(SAFER) Grants.......................................
Emergency Management Performance Grants.............. 279,335,000 350,000,000
Predisaster Mitigation Fund.......................... 39,016,000 - - - 1
Flood Hazard Mapping and Risk Analysis Program 100,000,000 262,531,000
(RiskMAP)............................................
Regional Catastrophic Preparedness Grants............ - - - 10,000,000
High Hazard Potential Dams............................ - - - 10,000,000
Emergency Food and Shelter............................ - - - 120,000,000
-------------------------------------------------
Subtotal, Grants............................. $2,499,961,000 $2,817,531,000
Education, Training, and Exercises
Center for Domestic Preparedness..................... 63,756,000 66,057,000
Center for Homeland Defense and Security............. - - - 18,000,000
Emergency Management Institute....................... 18,876,000 20,741,000
U.S. Fire Administration............................. 43,493,000 44,179,000
National Domestic Preparedness Consortium............. - - - 101,000,000
Continuing Training Grants............................ - - - 8,000,000
[[Page H1722]]
National Exercise Program............................. 18,647,000 18,702,000
-------------------------------------------------
Subtotal, Education, Training, and Exercises. $144,772,000 $276,679,000
-------------------------------------------------
Subtotal, Federal Assistance..................... $2,644,733,000 $3,094,210,000
----------------------------------------------------------------------------------------------------------------
1 The conference agreement provides $250,000,000, from the Disaster Relief Fund, for the National Predisaster
Mitigation Fund which can be combined with the recently authorized National Public Infrastructure Predisaster
Mitigation Assistance, consistent with the Disaster Recovery Reform Act, Public Law 115-254.
The conference agreement includes $472,000 for the 2019 pay
raise. The conference agreement does not provide funding for
the proposed Competitive Preparedness Grants Program.
The conference agreement includes a general provision in
Title V of this division providing an increase above the
budget request of $41,000,000 to reimburse state and local
law enforcement agencies for extraordinary costs associated
with the protection of the President in jurisdictions where
the President maintains a residence.
The total under this heading includes $8,000,000 for
Continuing Training Grants to support competitively-awarded
training programs to address specific national preparedness
gaps, such as cybersecurity, economic recovery, housing, and
rural and tribal preparedness. Of this amount, not less than
$3,000,000 shall be prioritized to be competitively awarded
for FEMA-certified rural and tribal training.
Consistent with the 9/11 Act, the conference agreement
requires FEMA to conduct risk assessments for the 100 most
populous metropolitan statistical areas prior to making UASI
grant awards. The conferees expect that UASI funding will be
limited to urban areas representing up to 85 percent of the
cumulative national terrorism risk to urban areas and that
resources will continue to be allocated in proportion to
risk.
DISASTER RELIEF FUND
The conference agreement provides $12,558,000,000,
including $12,000,000,000 as a budget cap adjustment for
major disaster response and recovery activities and
$558,000,000 for base Disaster Relief Fund activities. Of the
amount provided for base activities, $300,000,000 is derived
from recoveries of prior year appropriations. Of the amount
provided for major disasters, $3,000,000 is available to be
transferred to the Disaster Assistance Direct Loan Program.
Of amounts set aside for the new National Public
Infrastructure Predisaster Mitigation Assistance,
$250,000,000 shall be used for Predisaster Mitigation. Once
the recently authorized National Public Infrastructure
Predisaster Mitigation Assistance is implemented, any amounts
remaining may be used for that new program consistent with
the Disaster Recovery Reform Act, Public Law 115-254.
NATIONAL FLOOD INSURANCE FUND
The conference agreement provides $462,000 above the
request for the 2019 pay raise.
TITLE III--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 301. The conference agreement includes a provision
requiring the Federal Protective Service, in conjunction with
the Office of Management and Budget, to provide a report to
the conferees providing no fewer than three options for a
revised method to assess and allocate costs for
countermeasures.
Section 302. The conference agreement continues a provision
limiting expenses for administration of grants.
Section 303. The conference agreement continues a provision
specifying timeframes for certain grant applications and
awards.
Section 304. The conference agreement continues a provision
specifying timeframes for information on certain grant
awards.
Section 305. The conference agreement continues a provision
that addresses the availability of certain grant funds for
the installation of communications towers.
Section 306. The conference agreement continues a provision
requiring a report on the expenditures of the DRF.
Section 307. The conference agreement includes a provision
permitting certain waivers to SAFER grant program
requirements.
Section 308. The conference agreement continues a provision
providing for the receipt and expenditure of fees collected
for the Radiological Emergency Preparedness Program, as
authorized by Public Law 105-276.
Section 309. The conference agreement includes a provision
for an adjusted federal share for the cost of debris removal
and emergency protective measures, including direct federal
assistance, for major disasters declared for wildfires in
calendar year 2018.
TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
United States Citizenship and Immigration Services
operations and support
The conference agreement provides an increase of $607,000
above the request for the 2019 pay raise.
The conferees direct the Department, in consultation with
the Department of Labor to review options for addressing the
problem of unavailability of H-2B visas for employers that
need workers to start work late in a semiannual period of
availability and to report to the Committees on these options
not later than 120 days after the date of enactment of this
Act.
The conferees also direct U.S. Citizen and Immigration
Services (USCIS) to conduct a benefit fraud assessment
regarding the Special Immigrant Juvenile program and brief
the Committees on the results of such assessment not later
than one year after the date of enactment of this Act.
USCIS is expected to continue the use of fee waivers for
applicants who can demonstrate an inability to pay the
naturalization fee. USCIS is also encouraged to consider
whether the current naturalization fee is a barrier to
naturalization for those earning between 150 percent and 200
percent of the federal poverty guidelines, who are not
currently eligible for a fee waiver.
The conferees encourage USCIS to maintain naturalization
fees at an affordable level while also focusing on reducing
the backlog of applicants. As USCIS undertakes its next
biennial fee study, the conferees urge the agency to include
in its final report an estimate of the resources required to
clear the backlog of applications for temporary status,
adjustment of status, and naturalization, as well as reduce
future wait times from the submission to initial adjudication
to no more than one year for all petitions processed by the
agency. Additionally, USCIS is directed to brief the
Committees on specific actions, if any, that the agency is
taking to reduce the backlog of asylum applications while
ensuring that asylum applicants are properly reviewed for
eligibility and for security purposes.
The conferees urge USCIS to dedicate more resources to U
visa adjudication, specifically increasing trained U visa
adjudicators by at least 60 additional agents, and provide
adequate resources to hire staff and train adjudicators for
the purpose of reviewing applications within six months of
receipt.
procurement, construction, and improvements
The Procurement, Construction, and Improvements account
provides funds for the acquisition and deployment of the E-
Verify program, which is funded at the request level of
$22,838,000.
federal assistance
The conference agreement provides $10,000,000 above the
request for the Citizenship and Integration Grant program. In
addition, USCIS continues to have the authority to accept
private donations to support this program. The Conferees
direct USCIS to provide an update on its planned use of this
authority not later than 30 days after the date of enactment
of this Act, to include efforts undertaken to solicit private
donations.
Federal Law Enforcement Training Centers
operations and support
The conference agreement provides an increase of $2,210,000
for the 2019 pay raise.
procurement, construction, and improvements
A total of $50,943,000 is provided for modular dormitories,
modular classrooms, tactical venues, and a tactical awareness
training center.
Science and Technology Directorate
OPERATIONS AND SUPPORT
A total of $308,520,000 is provided for Operations and
Support
laboratory facilities
The total fully restores funding for laboratories,
including operational costs of $1,900,000 for the Chemical
Security Analysis Center (CSAC); $3,400,000 for the National
Urban Security Technology Laboratory (NUSTL); and $28,689,000
for the National Biodefense Analysis and Countermeasures
Center (NBACC).
The conferees support the proposal to expand the Work for
Others (WFO) program within NBACC and direct the Science and
Technology Directorate (S&T) to provide a briefing within 30
days after the date of enactment of this Act, on the process
established to document, streamline and approve WFO projects
to include the following performance metrics: number of
projects and total revenue generated for each of the next 5
fiscal years.
The conference agreement supports the transfer of National
Bio and Agro-defense Facility operations funding and some
personnel to the Agriculture Research Service within the
Department of Agriculture. The agreement also aligns with the
budget proposal for S&T to share funding responsibility for
NBACC with the Federal Bureau of Investigation.
acquisition and operations analysis
The total includes $48,510,000 for Acquisition and
Operations Analysis including: $5,000,000 for the Office of
Standards; $10,000,000 for the SAFETY Act program; $5,364,000
for Systems Engineering; and $1,152,000 for the 2019 pay
raise.
[[Page H1723]]
mission support
The total includes $19,326,000 above the request for
mission support activities to restore funding for the
proposed Compliance Assessment Program Office and proposed
information technology reductions, and to support the most
recent personnel projections. This includes $8,541,000 for
financial systems modernization.
The agreement includes an increase for official reception
and representation expenses. Funds provided in excess of the
amount provided in fiscal year 2018 for this purpose are to
accommodate S&Ts increasing engagement with international
partners.
research and development
A total of $511,265,000 is provided for Research and
Development (R&D).
research, development, and innovation
Funding is provided to continue prior-year research and
development activities at S&T laboratories, including for
Bio-Threat Characterization, which is funded at $18,427,000;
Bio-Forensics R&D, which is funded at $5,682,000; CSAC R&D,
which is funded at $4,393,000; Multifunction Detectors, which
is funded at $3,099,000; and Explosives and Radiation/Nuclear
Attack Resiliency, which is funded at $5,000,000. The
agreement rejects the budget request's proposal to realign
significant amounts of cybersecurity research to CISA and
instead provides $89,062,000 for cybersecurity research at
S&T. S&T should consider direction related to cybersecurity
research associated with Senate Amendment 5 of the 116th
Congress. S&T should consider allocating not less than
$3,000,000 for the establishment of a cyber testbed
consistent with direction contained in House Report 115-948.
Funding is also provided for new and other prior-year
research and development activities, including for the
Biometrics Technology Engine, which is funded at $4,500,000;
the Data Analytics Engine, which is funded at $5,211,337; the
Apex Next Generation Cyber Infrastructure Program, which is
funded at $8,000,000; Apex Flood, which is funded at
$10,000,000; Cargo and Port-of-Entry Security, which is
funded at $31,705,000; Air Based Technologies, which is
funded at $12,878,963; Port and Coastal Surveillance, which
is funded at $16,750,000. Opioids/Fentanyl, which is funded
at $8,500,000; Detection Canine, which is funded at
$12,269,000. Soft Target and Crowded Places ,which is funded
at $7,000,000; Explosives Threat Assessment, which is funded
at $18,700,000; Counter-Unmanned Aerial Systems, which is
funded at $13,000,000; Enabling Unmanned Aerial Systems,
which is funded at $4,000,000; Software Assurance, which is
funded at $7,295,286; Cyber Physical Systems, which is funded
at $6,165,127; the Silicon Valley Innovation Program, which
is funded at $10,000,000; First Responder Technologies, which
is funded at $16,000,000; Partnership Intermediary
Agreements, which is funded at $7,000,000; and Binational
Cooperative Pilot, which is funded at $2,000,000.
S&T is directed to brief the Committees not later than 60
days after the date of enactment of this Act on the proposed
allocation of Research, Development, and Innovation funds.
The briefing shall address the planned use of funding
provided.
The conference agreement restores the proposed cuts to
University Programs to ensure S&T's ability to maintain 10
Centers of Excellence (COEs). S&T shall notify the Committees
of any plan or proposal to reduce funding for, diminish the
role of, or eliminate COEs prior to taking any action to do
so. S&T is directed to provide a report on COEs within 90
days of the date of enactment of this Act as described on
pages 67 and 68 of House Report 115-948.
Countering Weapons of Mass Destruction Office
Consistent with Public Law 115-387, the Countering Weapons
of Mass Destruction (CWMD) Act of 2018, the conference
agreement provides funding for the newly authorized CWMD
Office, which consolidates the operations of the Domestic
Nuclear Detection Office (DNDO), the Office of Health Affairs
(OHA), and certain related activities and personnel from
other components of the Department.
operations and support
Within the total amount provided, not less than $500,000 is
to continue implementation of the voluntary anthrax vaccine
program for emergency responders. The CWMD Office shall brief
the Committees not later than 45 days after the date of
enactment of this Act on the status of implementation of this
program, including any plans for expansion beyond the initial
pilot in the first community and associated costs.
The conferees understand the CWMD Office is in the process
of completing an integrated biosurveillance program. However,
it is unclear whether the requested funding will fully
support the capabilities currently delivered by the National
Biosurveillance Integration Center (NBIC) and the Joint
Analysis Center. Therefore, within the amount provided,
$5,000,000 above the request is to continue supporting the
capabilities provided by NBIC and the Joint Analysis Center
in order to provide situational awareness of biological
threats for the Department, as well as federal, state, local,
and private sectors partners.
The conferees encourage the CWMD Office to continue its
engagement in support of a visualization tool that
incorporates data from state and local entities that can
serve as a bio-preparedness tool for emergency response,
emergency management, and law enforcement at all levels of
government.
The $25,200,000 requested under this heading for the
acquisition of portable detection systems is instead provided
under Procurement, Construction, and Improvements.
In lieu of direction regarding the non-pay level of
funding, the CWMD Office shall provide a report on the non-
pay funding level.
procurement, construction, and improvements
The conferees provide $100,096,000 for the acquisition and
deployment of large scale and portable detection systems to
detect radiological, nuclear, biological, and chemical
threats.
research and development
The conferees provide $83,043,000, as requested.
federal assistance
Of the total amount provided, $1,500,000 is for research
and development of an active neutron interrogation system as
described in Senate report 115-283.
The CWMD Office is directed to continue funding for
research and development of new generation semiconductor
materials.
TITLE IV--ADMINISTRATIVE PROVISIONS--THIS ACT
Section 401. The conference agreement continues a provision
allowing USCIS to acquire, operate, equip, and dispose of up
to five vehicles under certain scenarios.
Section 402. The conference agreement continues a provision
prohibiting USCIS from granting immigration benefits unless
the results of background checks are completed prior to the
granting of the benefits and the results do not preclude the
granting of the benefits.
Section 403. The conference agreement continues a provision
limiting the use of A-76 competitions by USCIS.
Section 404. The conference agreement continues a provision
authorizing the Director of the Federal Law Enforcement
Training Centers (FLETC) to distribute funds for incurred
training expenses.
Section 405. The conference agreement continues a provision
directing the FLETC Accreditation Board to lead the federal
law enforcement training accreditation process to measure and
assess federal law enforcement training programs, facilities,
and instructors.
Section 406. The conference agreement continues a provision
allowing the acceptance of transfers from government agencies
into ``Federal Law Enforcement Training Center--Procurement,
Construction, and Improvements''.
Section 407. The conference agreement continues a provision
classifying FLETC instructor staff as inherently governmental
for certain considerations.
Section 408. The conference agreement includes a provision
to allow for unexpended balances from S&T to be transferred
to the Department of Agriculture to support the operations of
the National Bio and Agro-defense Facility.
TITLE V--GENERAL PROVISIONS
(including rescissions and transfer of funds)
Section 501. The conference agreement continues a provision
directing that no part of any appropriation shall remain
available for obligation beyond the current year unless
expressly provided.
Section 502. The conference agreement continues a provision
providing authority to merge unexpended balances of prior
appropriations with new appropriation accounts, to be used
for the same purpose, subject to reprogramming guidelines.
Section 503. The conference agreement continues a provision
limiting reprogramming authority for funds within an
appropriation and providing limited authority for transfers
between appropriations. All components funded by the
Department of Homeland Security Appropriations Act, 2019,
must comply with these transfer and reprogramming
requirements.
The Department must notify the Committees on Appropriations
prior to each reprogramming of funds that would reduce
programs, projects, activities, or personnel by ten percent
or more. Notifications are also required for each
reprogramming of funds that would increase a program,
project, or activity by more than $5,000,000 or ten percent,
whichever is less. The Department must submit these
notifications to the Committees on Appropriations at least 15
days in advance of any such reprogramming.
For purposes of reprogramming notifications, ``program,
project, or activity'' is defined as an amount identified in
the detailed funding table located at the end of this
statement or an amount directed for a specific purpose in
this statement. Also for purposes of reprogramming
notifications, the creation of a new program, project, or
activity is defined as any significant new activity that has
not been explicitly justified to the Congress in budget
justification material and for which funds have not been
appropriated by the Congress. For further guidance when
determining which movements of funds are subject to section
503, the Department is reminded to follow GAO's definition of
``program, project, or activity'' as detailed in the GAO's A
Glossary of Terms Used in the Federal Budget Process. Within
30 days of the date of enactment of this Act, the Department
shall submit to the Committees a table delineating PPAs
subject to section 503 notification requirements, as defined
in this paragraph.
[[Page H1724]]
Limited transfer authority is provided to give the
Department flexibility in responding to emerging requirements
and significant changes in circumstances, but is not
primarily intended to facilitate the implementation of new
programs, projects, or activities that were not proposed in a
formal budget submission. Transfers may not reduce accounts
by more than five percent or increase accounts by more than
ten percent. The Committees on Appropriations must be
notified 30 days in advance of any transfer.
To avoid violations of the Anti-Deficiency Act, the
Secretary shall ensure that any transfer of funds is carried
out in compliance with the limitations and requirements of
section 503(b). In particular, the Secretary should ensure
that any such transfers adhere to the opinion of the
Comptroller General's decision in the Matter of: John D.
Webster, Director, Financial Services, Library of Congress,
dated November 7, 1997, with regard to the definition of an
appropriation subject to transfer limitations.
The Department shall submit notifications on a timely basis
and provide complete explanations of the proposed
reallocations, including detailed justifications for the
increases and offsets, and any specific impact the proposed
changes would have on the budget request for the following
fiscal year and future-year appropriations requirements. Each
notification submitted to the Committees should include a
detailed table showing the proposed revisions to funding and
FTE--at the account, program, project, and activity level--
for the current fiscal year, along with any funding and FTE
impacts on the budget year.
The Department shall manage its programs, projects, and
activities within the levels appropriated, and should only
submit reprogramming or transfer notifications in cases of
unforeseeable and compelling circumstances that could not
have been predicted when formulating the budget request for
the current fiscal year. When the Department submits a
reprogramming or transfer notification and does not receive
identical responses from the House and Senate Committees, it
is expected to reconcile the differences before proceeding.
The Department is not to submit a reprogramming or transfer
notification after June 30 except in extraordinary
circumstances that imminently threaten the safety of human
life or the protection of property. If an above-threshold
reprogramming or a transfer is needed after June 30, the
notification should contain sufficient documentation as to
why it meets this statutory exception.
Deobligated funds are also subject to the reprogramming and
transfer limitations and requirements set forth in section
503.
Section 503(f) authorizes the Secretary to transfer up to
$20,000,000 to address immigration emergencies after
notifying the Committees of such transfer at least five days
in advance.
Section 504. The conference agreement continues a provision
by reference, prohibiting funds appropriated or otherwise
made available to the Department to make payment to the
Working Capital Fund (WCF), except for activities and amounts
allowed in the President's fiscal year 2019 budget request.
Funds provided to the WCF are available until expended. The
Department can only charge components for direct usage of the
WCF and these funds may be used only for the purposes
consistent with the contributing component. Any funds paid in
advance or for reimbursement must reflect the full cost of
each service. The Department shall submit a notification
prior to adding a new activity to the fund or eliminating an
existing activity from the fund. For activities added to the
fund, such notifications shall detail the source of funds by
PPA. In addition, the Department shall submit quarterly WCF
execution reports to the Committees that include activity
level detail.
Section 505. The conference agreement continues a provision
providing that not to exceed 50 percent of unobligated
balances from prior-year appropriations for each Operations
and Support appropriation, shall remain available through
fiscal year 2020, subject to section 503 reprogramming
requirements.
Section 506. The conference agreement continues a provision
that deems intelligence activities to be specifically
authorized during fiscal year 2019 until the enactment of an
Act authorizing intelligence activities for fiscal year 2019.
Section 507. The conference agreement continues a provision
requiring notification to the Committees at least three days
before DHS executes or announces grant allocations; grant
awards; contract awards, including contracts covered by the
Federal Acquisition Regulation; other transaction agreements;
letters of intent; task or delivery orders on multiple
contract awards totaling $1,000,000 or more; a task or
delivery orders greater than $10,000,000 from multi-year
funds; or sole-source grant awards. Notifications shall
include a description of the project or projects or
activities to be funded and the location, including city,
county, and state. If the Secretary determines that
compliance would pose substantial risk to health, human life,
or safety, an award may be made without prior notification
but the Committees shall be notified within 5 full business
days after such award or letter is issued.
Section 508. The conference agreement continues a provision
prohibiting all agencies from purchasing, constructing, or
leasing additional facilities for federal law enforcement
training without advance notification to the Committees.
Section 509. The conference agreement continues a provision
prohibiting the use of funds for any construction, repair,
alteration, or acquisition project for which a prospectus, if
required under chapter 33 of title 40, United States Code,
has not been approved.
Section 510. The conference agreement continues a provision
that includes and consolidates by reference prior-year
statutory provisions related to a contracting officer's
technical representative training; sensitive security
information; and the use of funds in conformance with section
303 of the Energy Policy Act of 1992.
Section 511. The conference agreement continues a provision
prohibiting the use of funds in contravention of the Buy
American Act.
Section 512. The conference agreement continues a provision
regarding the oath of allegiance required by section 337 of
the Immigration and Nationality Act.
Section 513. The conference agreement continues a provision
that precludes DHS from using funds in this Act to carry out
reorganization authority. This prohibition is not intended to
prevent the Department from carrying out routine or small
reallocations of personnel or functions within components,
subject to section 503 of this Act. This section prevents
large-scale reorganization of the Department, which should be
acted on legislatively by the relevant congressional
committees of jurisdiction. Any DHS proposal to reorganize
components that is included as part of a budget request will
be considered by the Committees.
Section 514. The conference agreement continues a provision
prohibiting funds for planning, testing, piloting, or
developing a national identification card.
Section 515. The conference agreement continues a provision
directing that any official required by this Act to report or
certify to the Committees on Appropriations may not delegate
such authority unless expressly authorized to do so in this
Act.
Section 516. The conference agreement continues a provision
prohibiting the use of funds for the transfer or release of
individuals detained at United States Naval Station,
Guantanamo Bay, Cuba into or within the United States.
Section 517. The conference agreement continues a provision
prohibiting funds in this Act to be used for first-class
travel.
Section 518. The conference agreement continues a provision
prohibiting the use of funds to employ illegal workers as
described in Section 274A(h)(3) of the Immigration and
Nationality Act.
Section 519. The conference agreement continues a provision
prohibiting funds appropriated or otherwise made available by
this Act to pay for award or incentive fees for contractors
with below satisfactory performance or performance that fails
to meet the basic requirements of the contract.
Section 520. The conference agreement continues a provision
prohibiting the use of funds to enter into a federal contract
unless the contract meets requirements of the Federal
Property and Administrative Services Act of 1949 or chapter
137 of title 10 U.S.C., and the Federal Acquisition
Regulation, unless the contract is otherwise authorized by
statute without regard to this section.
Section 521. The conference agreement continues and
modifies a provision providing $51,000,000 for financial
systems modernization activities, which the Secretary may
transfer between appropriations for the same purpose after
notifying the Committees at least 15 days in advance.
Section 522. The conference agreement includes a provision
requiring the Secretary to reduce administrative expenses
from certain accounts.
Section 523. The conference agreement continues a provision
requiring DHS computer systems to block electronic access to
pornography, except for law enforcement purposes.
Section 524. The conference agreement continues a provision
regarding the transfer of firearms by federal law enforcement
personnel.
Section 525. The conference agreement continues a provision
regarding funding restrictions and reporting requirements
related to conferences occurring outside of the United
States.
Section 526. The conference agreement continues a provision
prohibiting funds to reimburse any federal department or
agency for its participation in a National Special Security
Event.
Section 527. The conference agreement continues a provision
requiring a notification, including justification materials,
prior to implementing any structural pay reform that affects
more than 100 full-time positions or costs more than
$5,000,000.
Section 528. The conference agreement continues a provision
directing the Department to post on a public website reports
required by the Committees on Appropriations unless public
posting compromises homeland or national security or contains
proprietary information.
Section 529. The conference agreement continues and
modifies a provision authorizing minor procurement,
construction, and improvements under Operations and Support
accounts.
Section 530. The conference agreement continues a provision
to authorize discretionary funding for primary and secondary
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schooling of dependents in areas in territories that meet
certain criteria. The provision provides limitations on the
type of eligible funding sources.
Section 531. The conference agreement continues a provision
providing $41,000,000 for ``Federal Emergency Management
Agency--Federal Assistance'' to reimburse extraordinary law
enforcement personnel overtime costs for protection
activities directly and demonstrably associated with a
residence of the President that is designated for protection.
Section 532. The conference agreement includes a provision
regarding congressional visits to detention facilities.
Section 533. The conference agreement includes a provision
prohibiting the use of funds to use restraints on pregnant
detainees in DHS custody except in certain circumstances.
Section 534. The conference agreement includes a provision
prohibiting the use of funds for the destruction of records
related to the sexual abuse or assault of detainees in
custody.
Section 535. The conference agreement continues a provision
prohibiting funds for the Principal Federal Official during a
Stafford Act declared disaster or emergency, with certain
exceptions.
Section 536. The conference agreement continues a provision
related to the Arms Trade Treaty.
Section 537. The conference agreement continues a provision
requiring the Department to provide specific reductions in
proposed discretionary budget authority commensurate with
revenue assumed in the budget request from fees that have not
been authorized prior to the beginning of the budget year.
Section 538. The conference agreement includes a provision
rescinding lapsed balances pursuant to Section 505 of this
bill.
Section 539. The conference agreement includes a provision
rescinding unobligated balances from specified sources.
Section 540. The conference agreement continues and
modifies a provision rescinding specified funds from the
Treasury Forfeiture Fund.
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DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
CONGRESSIONAL DIRECTIVES
The explanatory statement is silent on provisions that were
in both the House Report (H.Rpt. 115-706) and Senate Report
(S.Rpt. 115-259) that remain unchanged by this conference
agreement, except as noted in this explanatory statement.
The conference agreement restates that executive branch
wishes cannot substitute for Congress's own statements as to
the best evidence of congressional intentions, which are the
official reports of the Congress. The conference agreement
further points out that funds in this Act must be used for
the purposes for which appropriated, as required by section
1301 of title 31 of the United States Code, which provides:
``Appropriations shall be applied only to the objects for
which the appropriations were made except as otherwise
provided by law.''
The House and Senate report language that is not changed by
the explanatory statement is approved and indicates
congressional intentions. The explanatory statement, while
repeating some report language for emphasis, does not intend
to negate the language referred to above unless expressly
provided herein.
In cases in which the House or the Senate have directed the
submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations no
later than 60 days after enactment of this Act, unless
otherwise directed. Hereafter, in division B of this
statement, the term `he Committees' refers to the Committees
on Appropriations of the House of Representatives and the
Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this conference
agreement are reminded that the Committees use the
definitions for transfer, reprogramming, and program,
project, and activity as defined by the Government
Accountability Office (GAO) in GAO-04-261SP Appropriations
Law--Vol. I and GAO-05-734SP Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2019, accompanying Committee
reports, explanatory statements, the Statement of Managers,
and budget justifications. Program activity structures are
intended to provide a meaningful representation of the
operations financed by a specific budget account by project,
activity, or organization.
For fiscal year 2019, the Committees continue to include
bill language requiring advanced notification of certain
agency actions. Notification will be required at least 30
days in advance of any action if (1) a major capital
investment is modified; (2) an office is realigned or
reorganized; and (3) activities are carried out that were not
described in the budget request.
The conference agreement directs the Office of Budget and
Program Analysis (OBPA) of the U.S. Department of Agriculture
(USDA) to provide an organizational chart for each agency
funded by this Act to the division and subdivision level, as
appropriate, by March 1, 2019. The conference agreement also
directs the Food and Drug Administration (FDA) and the Farm
Credit Administration (FCA) to provide an organizational
chart of each agency respectively to the division and
subdivision level, as appropriate, by March 1, 2019.
Further, USDA and FDA should be mindful of Congressional
authority to determine and set final funding levels for
fiscal year 2020. Therefore, the agencies should not
presuppose program funding outcomes and prematurely initiate
action to redirect staffing prior to knowing final outcomes
on fiscal year 2020 program funding. The conference agreement
directs OBPA to provide the Committees with the number of
staff years and employees on board for each agency funded by
this Act on a quarterly basis.
Not later than 60 days after the date of the enactment of
this Act, the Secretary of Agriculture and the Commissioner
of Food and Drugs shall enter into a formal agreement
delineating the responsibilities of the two agencies for the
regulation of cell-cultured food products derived from
livestock and poultry. Such agreement shall be made public on
the USDA and FDA websites within one day of the completion of
the agreement.
TITLE I--AGRICULTURAL PROGRAMS
Processing, Research and Marketing Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $46,603,000 for the
Office of the Secretary.
In addition to updates provided to the Committees, the
Department is directed to include in its fiscal year 2020
Congressional Justification, as a single exhibit, a table
listing all deliverables, with a column for due dates if
applicable.
The conference agreement includes continued investment
towards providing access to high-speed broadband
infrastructure and services to rural areas of the United
States. The conference agreement continues to provide
resources for broadband deployment through the Broadband Loan
program, Community Connect grant program, Distance Learning
and Telemedicine program and an additional $550,000,000 for
the broadband pilot program established in section 779 of
division A of the Consolidated Appropriations Act, 2018
(Public Law 115-141). To ensure these investments are
maximized, the conference agreement reminds the Department to
avoid efforts that could duplicate existing networks built by
private investment or those built leveraging and utilizing
other federal programs and directs the Secretary of
Agriculture to coordinate with the Federal Communications
Commission (FCC) and the National Telecommunications
Information Administration (NTIA) to ensure wherever possible
that broadband loans and grants issued under the broadband
programs are targeted to areas that are currently unserved.
In particular, the conference agreement directs USDA to
utilize the NTIA's assessment of the current state of
broadband access nationwide, which includes the
identification of existing infrastructure, gaps, and
opportunities for more efficient deployment. In implementing
a strategy for broadband deployment to unserved communities,
the Department shall explore utilizing all technologies,
including but not limited to, fiber, cable modem, fixed
wireless, and television white space as a means of building
sustainable rural infrastructure for the modern economy. The
amounts made available for the broadband pilot program, as
with the Rural Economic Development Loan Program shall remain
available until expended.
The conferees encourage the Secretary to work with
stakeholders to develop accepted remediation protocols that
will allow for the repurposing of poultry growing facilities
into controlled environment agriculture facilities safe for
food production.
The conferees are concerned about the unknown costs
associated with the proposed move of the National Institutes
of Food and Agriculture and the Economic Research Service to
a new location outside of the National Capital Region. In
submitting the fiscal year 2020 budget justification, the
Department is directed to include all cost estimates for the
proposed move of the two agencies, as well as a detailed
analysis of any research benefits of their relocation. There
is an expectation that this process will be followed in the
future for any other potential proposed agency relocations by
the Department.
The conferees support an indefinite delay in the proposed
transfer of ERS to the Office of the Chief Economist. At this
time, the conferees find it appropriate for ERS to remain
under the Research, Education and Economics mission area. The
conferees take this position as several questions remain
about the merits of the proposed transfer as well as the
proposed relocation of ERS outside of the National Capital
Region. Insufficient information and justification relating
to the reorganization and relocation make moving forward on
these proposals premature at this time.
The conferees await the cost-benefit analysis of the
National Finance Center and accompanying sufficiency review
by the Comptroller General of the United States as directed
in P.L. 115-141. The conferees remind the Department of
enacted language prohibiting the initiating, planning,
developing, implementing, or making of any changes to remove
or relocate any systems, missions, or functions of the
offices of the Chief Financial Officer or any personnel from
the National Finance Center prior to written notification to
and prior approval of the Committee on Appropriations of both
Houses of Congress.
The following table reflects the conference agreement:
OFFICE OF THE SECRETARY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.............................. $5,051
Assistant to the Secretary for Rural Development..... 800
Office of Homeland Security.......................... 1,496
Office of Partnerships and Public Engagement......... 4,711
Office of Assistant Secretary for Administration..... 875
Departmental Administration.......................... 22,301
Office of Assistant Secretary for Congressional 3,869
Relations...........................................
Office of Communications............................. 7,500
------------------
Total, Office of the Secretary................... $46,603
------------------------------------------------------------------------
Executive Operations
Office of the Chief Economist
The conference agreement provides $21,286,000 for the
Office of the Chief Economist.
The conferees provide an increase of $1,000,000 for policy
research under 7 U.S.C. 3155 as well as an increase of
$500,000 to support the growing needs of economic and policy
analysis required for multilateral and bilateral trade
initiatives.
The amount includes $2,869,000 for the Office of Pest
Management Policy.
Office of Hearings and Appeals
The conference agreement provides $15,222,000 for the
Office of Hearings and Appeals.
[[Page H1768]]
Office of Budget and Program Analysis
The conference agreement provides $9,525,000 for the Office
of Budget and Program Analysis.
Office of the Chief Information Officer
The conference agreement provides $55,630,000 for the
Office of the Chief Information Officer, including
$38,000,000 for cybersecurity activities.
Office of the Chief Financial Officer
The conference agreement provides $6,028,000 for the Office
of the Chief Financial Officer.
Office of the Assistant Secretary for Civil Rights
The conference agreement provides $901,000 for the Office
of the Assistant Secretary for Civil Rights.
Office of Civil Rights
The conference agreement provides $24,206,000 for the
Office of Civil Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $59,967,000 for
Agriculture Buildings and Facilities.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $3,503,000 for Hazardous
Materials Management.
Office of Inspector General
The conference agreement provides $98,208,000 for the
Office of Inspector General.
Office of the General Counsel
The conference agreement provides $45,146,000 for the
Office of General Counsel.
The conference agreement provides an increase of $600,000
for international trade activities.
Office of Ethics
The conference agreement provides $4,136,000 for the Office
of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The conference agreement provides $800,000 for the Office
of the Under Secretary for Research, Education, and
Economics.
Economic Research Service
The conference agreement provides $86,757,000 for the
Economic Research Service.
National Agricultural Statistics Service
The conference agreement provides $174,517,000 for the
National Agricultural Statistics Service, including up to
$45,300,000 for the Census of Agriculture.
The conferees provide an additional $600,000 for the
Geospatial Improvement Initiative and an increase of $500,000
for the Floriculture Crops Report.
Agricultural Research Service
SALARIES AND EXPENSES
The conference agreement provides $1,303,266,000 for the
Agricultural Research Service (ARS), Salaries and Expenses.
The conferees do not accept the President's budget request
regarding the termination of research programs, redirections
of research programs, or closure of research locations. The
conferees expect extramural research to be funded at no less
than the fiscal year 2018 levels. The conferees provide
funding increases for cotton ginning, alfalfa, small grains
genomics, postharvest dairy research, marine aquaculture
seedstock, sugarcane, high performance computing, sugar
beets, salmonella, the Pollinator Center, warmwater
aquaculture, poultry, fruit fly and exotic pest control,
chronic wasting disease, the Pulse Crop Health Initiative,
coffee germplasm, citrus germplasm, feed enhancement, food
systems at land-grant institutions, greenhouse technology,
long-term agro-ecosystem research, hops research, resilient
dryland research, wheat and sorghum, shellfish genetics,
sudden oak death, industrial hemp, oats, cranberry and
blueberry research, whitefly research, and human nutrition.
The conferees recognize that the Department proposes to
transfer the responsibility for operational planning, and
future operations of the National Bio and Agro-Defense
Facility (NBAF) to USDA and support the fiscal year 2019
funding request to allow NBAF to be fully operational by
December 31, 2022. The conferees appreciate the joint DHS/
USDA transition team working to identify and outline
transition activities to address all requirements for the
timely operational stand-up of NBAF. The conferees provide
$10,600,000 to address one-time costs associated with the
transfer of the science program from the Plum Island Animal
Disease Center to NBAF and $42,000,000 to address stand-up
activities and other initial costs to operate and maintain
the facility.
NBAF will provide the U.S. with expanded capacity to
implement a comprehensive biodefense research program to
protect against foreign animal diseases that pose the
greatest threats to animal agriculture and public health. The
conferees provide an additional $5,000,000 for ARS to
increase research efforts on foreign animal diseases and
emerging diseases with high consequence to animal and public
health.
The Committees have read the quarterly reports on animal
welfare issues submitted by ARS. While providing helpful
information, on some issues, ARS did not report a single
specific negative finding by APHIS inspectors, despite the
fact that numerous violations have been found involving the
death of numerous animals and serious health issues of many
more. The failure to report these problems to the Committees
is unacceptable. The conferees direct ARS to submit a single
report covering all violations found by APHIS to date and the
specific actions taken to prevent them from recurring within
60 days of enactment. They also direct ARS to continue to
submit quarterly reports that include all violations found by
APHIS during that quarter and the specific actions that will
be taken to prevent their recurrence. The quarterly reports
shall also include each issue found by APHIS inspectors at
the pre-compliance inspections of newly-covered research
activities and the remedial actions taken.
The conferees recognize the need for advancements in
dryland production practices, cropping, and equipment to
increase profitability, conserve the soil, enhance soil water
storage, promote soil health, and decrease reliance on
herbicides. The conferees provide an additional $2,000,000
to expand research focused on resilient dryland farming.
BUILDINGS AND FACILITIES
The conference agreement provides $381,200,000 for ARS
Buildings and Facilities for the next highest priorities
identified on the 2012 USDA ARS Capital Investment Strategy
and 2015 ARS Co-located Cooperator Facility Report.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The conference agreement provides $927,649,000 for the
National Institute of Food and Agriculture, Research and
Education Activities.
The conferees include bill language providing $5,000,000
for grants to the three Centers of Excellence established at
the 1890 Land Grant Universities on the occasion of the 125th
anniversary of the Second Morrill Act of 1890.
The following table reflects the conference agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $259,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 58,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 3,439
Education Grants for 1890 7 U.S.C. 3152(b)...... 19,336
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 9,219
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 3,194
and Native Hawaiian-Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 3,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 450i(b)...... 415,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,000
Continuing Animal Health and 7 U.S.C. 3195......... 4,000
Disease Research Program.
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 1,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 37,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,000
Alfalfa and Forage Research Program 7 U.S.C. 5925......... 3,000
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(c)...... 11,913
Special Research Grants:........... 7 U.S.C. 450i(c)......
Global Change/UV Monitoring.... ...................... 1,405
Potato Research................ ...................... 2,750
Aquaculture Research........... ...................... 2,000
Total, Special Research ...................... 6,155
Grants.
------------
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,830
Federal Administration--Other ...................... 11,862
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.. ...................... 19,692
------------
Total, Research and ...................... $927,649
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The conference agreement provides $11,880,000 for the
Native American Institutions Endowment Fund.
EXTENSION ACTIVITIES
The conference agreement provides $505,692,000 for the
National Institute of Food and Agriculture, Extension
Activities.
The conferees provide $3,000,000 for the Rural Health and
Safety Education Program
[[Page H1769]]
to address the opioid abuse epidemic and to combat opioid
abuse in rural communities.
The following table reflects the conference agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $315,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 48,620
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 6,446
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 19,730
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 3,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 400
Food Safety Outreach Program....... 7 U.S.C. 7625......... 8,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000
Farmer Stress Assistance Network... ...................... 2,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d).......
Food and Nutrition Education... ...................... 69,000
Farm Safety and Youth Farm ...................... 4,610
Safety Education Programs.
New Technologies for ...................... 1,550
Agricultural Extension.
Children, Youth, and Families ...................... 8,395
at Risk.
Federally Recognized Tribes ...................... 3,039
Extension Program.
Total, Section 3(d)........ ...................... 86,594
------------
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 552
Federal Administration--Other ...................... 7,790
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses.. ...................... 8,342
------------
Total, Extension Activities ...................... $505,692
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The conference agreement provides $38,000,000 for the
National Institute of Food and Agriculture, Integrated
Activities.
The following table reflects the amounts provided by the
conference agreement:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 6,000
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000
Program.
------------
Total, Integrated Activities... ...................... $38,000
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The conference agreement provides $901,000 for the Office
of the Under Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
Salaries and Expenses
(Including Transfers of Funds)
The conference agreement provides $1,011,136,000 for the
Animal and Plant Health Inspection Service (APHIS), Salaries
and Expenses.
The conferees provide a net increase of $34,243,000 for
high priority initiatives in order to protect the plant and
animal resources of the Nation from pests and diseases.
Within the increase total, the conferees include the
following: $800,000 for the Equine, Cervid, and Small
Ruminant Health program to help address chronic wasting
disease and support for the National Scrapie Eradication
Program; $10,600,000 for the Veterinary Diagnostics program
to carry out the science program at the National Bio- and
Agro-defense Facility program; $1,000,000 for Agricultural
Quarantine Inspection in support of pre-departure and
interline inspection efforts; $2,500,000 for Field Crop and
Rangeland Ecosystems Pests in order to control or eradicate
pests destroying Roseau cane in wetlands near the Mississippi
River Delta as well as funds for APHIS to partner with states
in the control and eradication of the cogongrass weed;
$12,843,000 for Specialty Crop Pests, including $12,000,000
for the control or eradication of the spotted lanternfly;
$4,000,000 for Tree and Wood Pests; $500,000 for Animal
Welfare; and, $2,000,000 for the Overseas Technical and Trade
Operations Program to assist U.S. producers whose
agricultural exports are blocked due to unfair sanitary and
phytosanitary issues.
The conferees direct APHIS to send copies of all inspection
reports for current ARS facilities and newly covered ARS
facilities, including pre-compliance reports, to the
Committees.
The conferees include no less than $4,000,000 for cervid
health activities. Within the funds provided, APHIS should
give consideration to indemnity payments if warranted.
The conferees support efforts to address potential gaps in
farm-specific antimicrobial resistance data. At the same
time, the agency is reminded that any information collected
on-farm should be done through the National Animal Health
Monitoring System (NAHMS), keeping respondents anonymous and
ensuring that all information collected is protected from
release or distribution in a manner that could identify an
individual respondent.
The conferees remain concerned with the invasive species
scale insect pest that is destroying Roseau cane in the
Mississippi River's Delta region along the Gulf of Mexico.
The conferees direct APHIS to continue work with the
Agricultural Research Service (ARS) and stakeholders and
provide an additional $500,000 to further develop an
integrated management program for control of the Roseau cane
scale insect pest infestation.
The conferees include $28,000,000 under Wildlife Damage
Management for national rabies management, surveillance, and
eradication efforts and $2,000,000 for Wildlife Services
education and training. The conference agreement also
provides $1,600,000 for combatting wildlife depredation to
catfish production and maintain fiscal year 2018 funding
levels for feral swine surveillance. Additionally, no less
than $250,000 should be available for the agency to reduce
blackbird depredation in the Northern Great Plains.
The conferees provide $2,000,000 for APHIS to partner with
state departments of agriculture and forestry commissions in
states considered to be the epicenter of infestations, to
assist with control and treatment of cogongrass in order to
slow the advancing front of this invasive plant-pest species
and its impact on forest productivity, wildlife habitat, and
private landowners.
The following table reflects the conference agreement:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................ $37,857
Aquatic Animal Health................................... 2,253
Avian Health............................................ 62,840
Cattle Health........................................... 96,500
Equine, Cervid & Small Ruminant Health.................. 20,800
National Veterinary Stockpile........................... 5,725
Swine Health............................................ 24,800
Veterinary Biologics.................................... 16,417
Veterinary Diagnostics.................................. 50,140
Zoonotic Disease Management............................. 16,523
---------------
Subtotal, Animal Health............................. 333,855
Agricultural Quarantine Inspection (Appropriated) 32,330
Cotton Pests............................................ 11,520
Field Crop & Rangeland Ecosystems Pests................. 11,826
Pest Detection.......................................... 27,446
Plant Protection Methods Development.................... 20,686
Specialty Crop Pests.................................... 186,013
Tree & Wood Pests....................................... 60,000
---------------
Subtotal, Plant Health.............................. 349,821
Wildlife Damage Management.............................. 108,376
Wildlife Services Methods Development................... 18,856
---------------
Subtotal, Wildlife Services......................... 127,232
Animal & Plant Health Regulatory Enforcement............ 16,224
Biotechnology Regulatory Services....................... 18,875
---------------
Subtotal, Regulatory Services....................... 35,099
Contingency Fund........................................ 470
Emergency Preparedness & Response....................... 40,966
Subtotal, Emergency Management...................... 41,436
Agriculture Import/Export............................... 15,599
Overseas Technical & Trade Operations................... 24,115
---------------
Subtotal, Safe Trade................................ 39,714
Animal Welfare.......................................... 31,310
Horse Protection........................................ 705
---------------
Subtotal, Animal Welfare............................ 32,015
APHIS Information Technology Infrastructure............. 4,251
Physical/Operational Security........................... 5,146
Rent and DHS Security Payments.......................... 42,567
Subtotal, Agency Management......................... 51,964
---------------
Total, Direct Appropriation............................. $1,011,136
------------------------------------------------------------------------
Buildings and Facilities
The conference agreement provides $3,175,000 for APHIS
Buildings and Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The conference agreement provides $159,095,000 for
Agricultural Marketing Service.
[[Page H1770]]
The conference agreement includes $4,000,000 for the Acer
Access and Development Program; $1,500,000 for marketing
activities relating to dairy products; $2,000,000 for the
continued implementation of the National Bioengineered Food
Disclosure Standard; an increase of $2,000,000 for the
National Organic Program; and $1,000,000 for rural
infrastructure.
LIMITATION ON ADMINISTRATIVE EXPENSES
The conference agreement includes a limitation on
administrative expenses of $61,227,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The conference agreement provides $20,705,000 for Funds for
Strengthening Markets, Income, and Supply.
The following table reflects the status of this fund for
fiscal year 2019:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)............... $10,624,198
Less Transfers:
Food and Nutrition Service........................ -9,092,218
Commerce Department............................... -157,980
Total, Transfers.................................. -9,250,198
Budget Authority, Farm Bill....................... 1,374,000
Appropriations Temporarily Reduced--Sequestration..... -74,400
Budget Authority, Appropriations Act.............. 1,299,600
Less Obligations:
Child Nutrition Programs (Entitlement Commodities) 485,000
State Option Contract............................. 5,000
Removal of Defective Commodities.................. 2,500
Disaster Relief................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases 206,000
Fresh Fruit and Vegetable Program................. 174,000
Estimated Future Needs............................ 365,542
Total, Commodity Procurement.......................... 1,243,042
Administrative Funds:
Commodity Purchase Support........................ 35,853
Marketing Agreements and Orders................... 20,705
Total, Administrative Funds................... 56,558
-----------------
Total Obligations..................................... $1,299,600
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The conference agreement provides $1,235,000 for Payments
to States and Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The conference agreement includes a limitation on
inspection and weighing services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The conference agreement provides $800,000 for the Office
of the Under Secretary for Food Safety.
Food Safety and Inspection Service
The conference agreement provides $1,049,344,000 for the
Food Safety and Inspection Service (FSIS).
The following table reflects the conference agreement:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal............................................... $936,324
State................................................. 61,682
International......................................... 16,758
Public Health Data Communications Infrastructure 34,580
System...............................................
-----------------
Total, Food Safety and Inspection Service......... $1,049,344
------------------------------------------------------------------------
TITLE II
Farm Production and Conservation Programs
Office of the Under Secretary for Farm Production and Conservation
The conference agreement provides $901,000 for the Office
of the Under Secretary for Farm Production and Conservation.
Farm Production and Conservation Business Center
Salaries and Expenses
(Including Transfers of Funds)
The conference agreement provides $216,350,000 for the Farm
Production and Conservation (FPAC) Business Center. In
addition, $16,081,000 is transferred from the Agricultural
Credit Insurance Fund and $60,228,000 is transferred from the
Commodity Credit Corporation.
The conferees support the streamlined efficiencies of the
Farm Production and Conservation (FPAC) mission area and
appreciate the Department's submission of a detailed plan on
August 28, 2018, that illustrates the consolidated services
and human resources under the FPAC Business Center. As such,
the conferees provide the requested funding for the FPAC
Business Center with corresponding reductions in
administrative funding for each of the three agencies under
the FPAC mission area. Funding shifts are as follows:
$128,491,000 from the Farm Service Agency, $70,801,000 from
the Natural Resources and Conservation Service, and
$17,058,000 from the Risk Management Agency. In order to
maintain equity of service across the respective agencies and
demonstrate improved performance of services, the conferees
direct FPAC to establish results-oriented performance
agreements with each of the three agencies.
Farm Service Agency
Salaries and Expenses
(Including Transfers of Funds)
The conference agreement provides $1,081,655,000 for Farm
Service Agency, Salaries and Expenses.
The conferees provide shifts in funding for the FSA
Salaries and Expenses account as reflected by the President's
Budget request to fund the FPAC Business Center. The
conferees provide funding for the FPAC Information Portal.
Additionally, the conferees require not less than $20,000,000
be dedicated for the hiring of farm loan officers, county
office trainees, and county office staff. Not less than
$8,000,000 shall be for the hiring of farm loan officers.
The following table reflects the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,081,655
Transfer from P.L. 480................................. 142
Transfer from export loans............................. 2,463
Transfer from ACIF..................................... 290,917
------------
Total, FSA Salaries and expenses................... $1,375,177
------------------------------------------------------------------------
State Mediation Grants
The conference agreement provides $3,904,000 for State
Mediation Grants.
Grassroots Source Water Protection Program
The conference agreement provides $6,500,000 for the
Grassroots Source Water Protection Program.
Dairy Indemnity Program
(Including Transfer of Funds)
The conference agreement provides $500,000 for the Dairy
Indemnity Program.
Agricultural Credit Insurance Fund Program Account
(Including Transfers of Funds)
The conference agreement provides $7,987,668,000 for the
ACIF program account.
The following table reflects the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................. $1,500,000
Guaranteed............................................. 2,750,000
Subtotal, Farm Ownership Loans......................... 4,250,000
------------
Farm Operating Loans:
Direct................................................. 1,530,000
Unsubsidized Guaranteed................................ 1,960,000
------------
Subtotal, Farm Operating Loans..................... 3,490,000
Emergency Loans............................................ 37,668
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Indian Highly Fractionated Land............................ 10,000
Boll Weevil Eradication.................................... 30,000
------------
Total, Loan Authorizations..................... 7,987,668
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................. 59,670
Unsubsidized Guaranteed................................ 21,168
------------
Subtotal, Farm Operating Subsidies................. 80,838
Emergency Loans............................................ 1,567
Indian Highly Fractionated Land............................ 2,134
------------
Total, Loan Subsidies...................................... 84,539
ACIF Expenses:
Salaries and Expenses.................................. 290,917
Administrative Expenses................................ 10,070
Transfer to FPAC Business Center....................... 16,081
------------
Total, ACIF Expenses............................... $317,068
------------------------------------------------------------------------
Risk Management Agency
Salaries and Expenses
The conference agreement provides $58,361,000 for the Risk
Management Agency (RMA), Salaries and Expenses.
Natural Resources Conservation Service
Conservation Operations
The conference agreement provides $819,492,000 for
Conservation Operations.
The conferees provide $9,400,000 for the Snow Survey and
Water Forecasting Program; $9,481,000 for the Plant Materials
Centers; $74,685,000 for the Soil Surveys Program; and
$725,926,000 for Conservation Technical Assistance.
The conferees support NRCS' ongoing work to prevent soil
erosion leading to harmful algal blooms through the
introduction of cover crops and encourages continued
targeting of watersheds where harmful algal blooms pose a
threat. In addition, no less than $5,000,000 shall be
provided to support cooperative agreements focused on
innovative phosphorus removal strategies where agricultural
runoff has contributed nutrients to a waterbody. Such work
shall be conducted in consultation with the National
Institute for Food and Agriculture and the Agricultural
Research Service.
In carrying out the programs under section 524(b) of the
Federal Crop Insurance Act, the Secretary is encouraged to
establish multi-year pilot projects to provide financial and
technical assistance to farms regulated under the FSMA
Produce Safety Rule for capital improvements to address on-
farm agricultural water concerns, including irrigation
systems and other conservation practices to improve water
quality and soil health. Payment limits and other provisions
of the AMA program will apply.
The conferees are concerned about the number of staff
vacancies at NRCS, as unfilled state-level positions are
creating delays in application approval and the deployment of
important conservation funding. NRCS is directed to provide a
report no later than 90 days after enactment of this Act
updating the Committees on staffing levels at each NRCS
office across the country, by location, including vacancies
that have remained unfilled for more than 6 months, plans to
fill those vacancies, and the workload analysis that
demonstrates the total number of employees needed compared to
the national staffing cap.
The conferees reiterate their support for irrigation
agriculture and encourage NRCS to leverage all possible
funding streams to
[[Page H1771]]
support the expansion of on-farm irrigation in regions that
have previously not had widespread irrigation systems,
specifically in the Southeastern United States. The conferees
direct NRCS to focus efforts on the development of
conservation and irrigation techniques to reduce water usage
in agriculture production while maintaining crop quality and
yield in rural America.
Watershed and Flood Prevention Operations
The conference agreement provides $150,000,000 for
Watershed and Flood Prevention Operations.
Watershed Rehabilitation Program
The conference agreement provides $10,000,000 for the
Watershed Rehabilitation Program.
Corporations
Federal Crop Insurance Corporation Fund
The conference agreement provides such sums as may be
necessary for the Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
Reimbursement for Net Realized Losses
(Including Transfers of Funds)
The conference agreement provides such sums as may be
necessary for Reimbursement for Net Realized Losses of the
Commodity Credit Corporation.
Hazardous Waste Management
(Limitation on Expenses)
The conference agreement provides a limitation of
$5,000,000 for Hazardous Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
Salaries and Expenses
(Including Transfers of Funds)
The conference agreement provides $236,835,000 for Rural
Development, Salaries and Expenses, including $6,000,000 for
information technology investments.
Rural Housing Service
Rural Housing Insurance Fund Program Account
(Including Transfers of Funds)
The conference agreement provides a total subsidy of
$510,317,000 for activities under the Rural Housing Insurance
Fund Program Account.
The following table indicates loan, subsidy, and grant
levels provided by the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502):
Direct.............................................. $1,000,000
Unsubsidized guaranteed............................. 24,000,000
Housing repair (sec. 504)............................... 28,000
Rental housing (sec. 515)............................... 40,000
Multi-family guaranteed (sec. 538)...................... 230,000
Site development loans (sec. 524)....................... 5,000
Credit sales of acquired property....................... 10,000
Self-help housing land development (sec. 523)........... 5,000
Farm labor housing...................................... 27,500
---------------
Total, Loan authorizations...................... $25,345,500
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502):
Direct.............................................. $67,700
Housing repair (sec. 504)............................... 3,419
Rental housing (sec. 515)............................... 9,484
Farm labor housing (sec. 514)........................... 6,853
Site development loans (sec. 524)....................... 176
Self-help land development (sec. 523)................... 431
---------------
Total, loan subsidies........................... 88,063
Farm labor housing grants............................... 10,000
---------------
Total, loan subsidies and grants................ 98,063
Administrative expenses (transfer to RD)................ 412,254
---------------
Total, Loan subsidies, grants, and $510,317
administrative expenses........................
------------------------------------------------------------------------
Rental Assistance Program
The conference agreement provides $1,331,400,000 for the
Rental Assistance Program.
Multi-Family Housing Revitalization Program Account
The conference agreement provides $51,500,000 for the
Multi-Family Housing Revitalization Program Account.
Mutual and Self-Help Housing Grants
The conference agreement provides $30,000,000 for Mutual
and Self-Help Housing Grants.
Rural Housing Assistance Grants
The conference agreement provides $45,000,000 for Rural
Housing Assistance Grants.
The following table reflects the grant levels provided by
the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants................... $30,000
Housing preservation grants............................. 15,000
---------------
Total, grant program................................ $45,000
------------------------------------------------------------------------
Rural Community Facilities Program Account
(Including Transfers of Funds)
The conference agreement provides $50,063,000 for the Rural
Community Facilities Program Account.
The following table reflects the loan, subsidy, and grant
amounts provided by the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans..................................... $2,800,000
CF guaranteed loans................................. 148,287
Loan subsidies and grants:
CF guaranteed loans................................. 4,285
CF grants........................................... 30,000
Rural Community Development Initiative.............. 6,000
Economic Impact Initiative.......................... 5,778
Tribal college grants............................... 4,000
---------------
Total, subsidy and grants....................... $50,063
------------------------------------------------------------------------
Rural Business--Cooperative Service
Rural Business Program Account
(Including Transfers of Funds)
The conference agreement provides $65,040,000 for the Rural
Business Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans.............. $950,000
Loan subsidy and grants:
Business and industry guaranteed loans.............. 22,040
Rural business development grants................... 35,000
Delta Regional Authority/Appalachian Regional 8,000
Commission/Northern Border Regional Commission.....
---------------
Total, Rural Business Program subsidy and grants $65,040
------------------------------------------------------------------------
Intermediary Relending Program Fund Account
(Including Transfer of Funds)
The conference agreement provides $8,625,000 for the
Intermediary Relending Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level................................ $18,889
Subsidies and administrative expenses:
Direct loan subsidy level........................... 4,157
Administrative expenses............................. 4,468
---------------
Subtotal, subsidies and administrative expenses..... $8,625
------------------------------------------------------------------------
Rural Economic Development Loans Program Account
The conference agreement provides $50,000,000 for the Rural
Economic Development Loans Program Account.
Rural Cooperative Development Grants
The conference agreement provides $29,100,000 for Rural
Cooperative Development Grants.
Rural Energy for America Program
The conference agreement provides $334,500 for the Rural
Energy for America Program.
Rural Utilities Service
Rural Water and Waste Disposal Program Account
(Including Transfers of Funds)
The conference agreement provides $548,690,000 for the
Rural Utilities Service Rural Water and Waste Disposal
Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans........................ $1,400,000
Water and waste guaranteed loans.................... 50,000
Subsidies and grants:
Guaranteed loan subsidy............................. 190
Water and waste revolving fund...................... 1,000
Water well system grants............................ 1,500
Grants for Colonias, Native Americans, and Alaska... 68,000
Water and waste technical assistance grants......... 30,000
Circuit Rider program............................... 19,000
Solid waste management grants....................... 4,000
High energy cost grants............................. 10,000
Water and waste disposal grants..................... 400,000
306A(i)(2) grants................................... 15,000
---------------
Total, subsidies and grants..................... $548,690
------------------------------------------------------------------------
[[Page H1772]]
Rural Electrification and Telecommunications Loans Program Account
(Including Transfer of Funds)
The conference agreement provides $34,995,000 for
activities under the Rural Electrification and
Telecommunications Loans Program Account.
The following table indicates loan levels provided by the
conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB......................................... $5,500,000
Guaranteed underwriting............................. 750,000
---------------
Subtotal, electric.................................. 6,250,000
Telecommunications:
Direct, treasury rate............................... 345,000
Direct, FFB......................................... 345,000
Subtotal, telecommunications........................ 690,000
---------------
Loan subsidy:
Direct, treasury rate............................... 1,725
---------------
Total, loan authorizations...................... 6,940,000
Administrative expenses................................. 33,270
---------------
Total, budget authority......................... $34,995
------------------------------------------------------------------------
Distance Learning, Telemedicine, and Broadband Program
The conference agreement provides $69,830,000 for the
Distance Learning, Telemedicine, and Broadband Program.
The following table indicates loan levels provided by the
conference agreement:
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization:
Broadband telecommunications........................ $29,851
---------------
Total, loan authorization....................... 29,851
Subsidy and grants:
Distance learning and telemedicine grants........... 34,000
Broadband telecommunications program:
Direct (treasury rate loans)........................ 5,830
Grants.............................................. 30,000
---------------
Total, subsidies and grants..................... $69,830
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The conference agreement provides $800,000 for the Office
of the Under Secretary for Food, Nutrition, and Consumer
Services.
The marketplace continues to develop innovative
technologies, such as third-party mobile applications, which
can assist nutrition program participants in managing their
benefits. The conferees encourage USDA to ensure that these
new technologies have a secure system in place to protect
personal account information; do not sell, distribute or make
available personal account information for commercial
marketing purposes; and that participants have consistent
access to their account information regardless of the
means in which they choose to access it.
Retailer SNAP sales data could contain proprietary and
confidential information. Should such information be made
publicly available, USDA is directed to make every effort to
protect confidential business information likely to cause
harm to the competitive position in the retail industry,
especially small grocery stores and small grocery stores in
rural areas. Personal information about individual SNAP
participants should also remain confidential.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
The conference agreement provides $23,140,781,000 for Child
Nutrition Programs.
The conference agreement provides the following for Child
Nutrition Programs:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program.................................... $12,091,834
School breakfast program................................ 4,816,238
Child and adult care food program....................... 3,815,328
Summer food service program............................. 519,456
Special milk program.................................... 8,065
State administrative expenses........................... 302,571
Commodity procurement................................... 1,436,458
Food safety education................................... 2,929
Coordinated review...................................... 10,000
Computer support and processing......................... 12,124
CACFP training and technical assistance................. 13,935
Child Nutrition Program studies and evaluations......... 21,639
Child Nutrition payment accuracy........................ 11,203
Farm to school tactical team............................ 3,997
Team Nutrition.......................................... 17,004
School meals equipment grants........................... 30,000
Summer EBT demonstration................................ 28,000
---------------
Total............................................... $23,140,781
------------------------------------------------------------------------
special supplemental nutrition program for women, infants, and children
(wic)
The conference agreement provides $6,075,000,000 for the
Special Supplemental Nutrition Program for Women, Infants,
and Children.
The conference agreement recommends full funding for WIC
that will meet estimated participation in fiscal year 2019.
The recommendation includes $60,000,000 for breastfeeding
support initiatives and $19,000,000 for infrastructure. The
conferees recognize new technologies, including telemedicine,
that support breastfeeding mothers through access to
professional breastfeeding and nutrition consultants. The
conferees provide $5,000,000 for telehealth competitive
grants to supplement the nutrition education and
breastfeeding support offered in the WIC clinic, and to
decrease barriers to access to WIC services, particularly in
rural communities. Funding can be used to support a variety
of telehealth interventions, including but not limited to the
use of telehealth tools by WIC staff as well as clinical
services and technologies provided by third-party vendors.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. The conferees note, however, that while all
revised packages now allow some fish, the amounts remain low
compared to the recommendations of other authoritative health
agencies. The conferees strongly encourage the Department to
consider the health and cultural benefits of fish consumption
as the NAS recommendations are reviewed and used to inform
the Department's next course of action. The conferees also
strongly encourage the Department to continue to allow states
to submit cultural food package proposals to respond to the
cultural preferences of WIC participants in states like
Alaska.
supplemental nutrition assistance program
The conference agreement provides $73,476,921,000 for the
Supplemental Nutrition Assistance Program (SNAP).
The conference agreement provides the following for SNAP:
TOTAL OBLIGATION AUTHORITY
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................ $62,299,422
Contingency reserve..................................... 3,000,000
Administrative costs:
State administrative costs.......................... 4,617,913
Nutrition Education and Obesity Prevention Grant 433,000
Program............................................
Employment and Training............................. 487,707
Mandatory other program costs....................... 190,504
Discretionary other program costs................... 998
---------------
Administrative subtotal......................... 5,730,122
Nutrition Assistance for Puerto Rico (NAP).............. 1,965,834
American Samoa.......................................... 7,895
Food Distribution Program on Indian Reservations........ 153,000
TEFAP commodities....................................... 294,500
Commonwealth of the Northern Mariana Islands............ 12,148
Community Food Projects................................. 9,000
Program access.......................................... 5,000
---------------
Subtotal............................................ 2,447,377
===============
Total........................................... $73,476,921
------------------------------------------------------------------------
commodity assistance program
The conference agreement provides $322,139,000 for the
Commodity Assistance Program.
The conferees include $222,891,000 for the Commodity
Supplemental Food Program to fully fund existing caseload in
fiscal year 2019 and to begin service to new state agencies
with approved plans; $18,548,000 for the Farmers' Market
Nutrition Program; and $79,630,000 for administrative funds
for the Emergency Food Assistance Program.
nutrition programs administration
The conference agreement provides $164,688,000 for
Nutrition Programs Administration.
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The conference agreement provides $875,000 for the Office
of the Under Secretary for Trade and Foreign Agricultural
Affairs.
Office of Codex Alimentarius
The conference agreement provides $3,976,000 for the Office
of Codex Alimentarius.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
The conference agreement provides $213,890,000 for the
Foreign Agricultural Service, Salaries and Expenses and a
transfer of $6,382,000.
The conference agreement includes increases of $3,187,000
for Capital Security Cost Sharing; $1,537,000 for
International Cooperative Administrative Support Services;
$1,500,000 for pay costs for locally employed staff;
$3,000,000 for the Country Strategy Support Fund; $10,000,000
for trade activities; and a decrease of $5,000,000 for
administrative support services.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
The conference agreement provides $142,000 for
administrative expenses for the Food for Peace Title I Direct
Credit and Food for Progress Program Account to be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
The conferees provide a one-time, $16,000,000 increase in
funding for the Food for Progress program as authorized. This
increase is a restoration of funding from reductions
occurring in prior years and does not indicate support for
expanding or continuing the practice of monetization in food
aid programs.
food for peace title ii grants
The conference agreement provides $1,500,000,000 for Food
for Peace Title II Grants.
The conferees direct the Administrator of the U.S. Agency
for International Development to maintain the funding level
for the non-emergency set-aside in the Food for
[[Page H1773]]
Peace Act (7 U.S.C. 1736f(e)(2). If the Administrator deems
it necessary to notwithstand such provision as provided in 7
U.S.C. 1722(a) to meet emergency food aid needs, the
Administrator shall notify the Committees within 15 days of
such action.
mcgovern-dole international food for education and child nutrition
program grants
The conference agreement provides $210,255,000 for the
McGovern-Dole International Food for Education and Child
Nutrition Program.
commodity credit corporation export (loans)
credit guarantee program account
(including transfers of funds)
The conference agreement provides $8,845,000 for the
Commodity Credit Corporation Export Loans Credit Guarantee
Program Account.
TITLE VI--RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
The conference agreement provides specific amounts by Food
and Drug Administration activity as reflected in the
following table:
FOOD AND DRUG ADMINISTRATION
Salaries & Expenses
(Dollars in thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods............................................... $1,059,980
Center for Food Safety and Applied Nutrition........ 327,962
Field Activities................................ 732,018
Human Drugs......................................... 662,907
Center for Drug Evaluation and Research............. 524,738
Field Activities................................ 138,169
Biologics........................................... 240,138
Center for Biologics Evaluation and Research........ 198,132
Field Activities................................ 42,006
Animal Drugs and Feeds.............................. 178,934
Center for Veterinary Medicine...................... 113,419
Field Activities................................ 65,515
Devices and Radiological Products................... 386,743
Center for Devices and Radiological Health.......... 301,738
Field Activities................................ 85,005
National Center for Toxicological Research.............. 66,712
Other Activities/Office of the Commissioner............. 188,069
White Oak Consolidation................................. 43,044
Other Rent and Rent Related Activities.................. 71,943
GSA Rent................................................ 170,208
---------------
Subtotal, Budget Authority.............................. 3,068,678
User Fees:
Prescription Drug User Fee Act.......................... 1,010,323
Medical Device User Fee and Modernization Act........... 204,730
Human Generic Drug User Fee Act......................... 501,721
Biosimilar User Fee Act................................. 38,847
Animal Drug User Fee Act................................ 30,331
Animal Generic Drug User Fee Act........................ 18,335
Tobacco Product User Fees............................... 712,000
---------------
Subtotal, User Fees..................................... 2,516,287
---------------
Total, FDA Program Level................................ $5,584,965
------------------------------------------------------------------------
The conferees provide $3,068,678,000 in discretionary
budget authority and $2,516,287,000 in definite user fees for
a total of $5,584,965,000 for Food and Drug Administration,
Salaries and Expenses. This total does not include permanent,
indefinite user fees for: the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority
Review Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Medical
Countermeasure Priority Review Vouchers.
The conferees expect the FDA to continue all projects,
activities, laboratories, and programs as included in fiscal
year 2018 unless otherwise specified, and does not accept the
proposed funding reductions for: Consumer Education and
outreach regarding biotechnology; Foreign High Risk
Inspections; the funds made available to the Health and Human
Services' Inspector General for its audit and oversight work
involving the FDA; the produce safety cooperative agreement
funds with states; the Critical Path Initiative; and
compounding bulk drug substances.
The conferees provide an increase of $271,400,000 for
medical product and food safety activities, and accepts
$2,800,000 in proposed savings, resulting in a net increase
of $268,600,000.
Within the increases provided for medical products safety,
the conferees provide $47,000,000 to combat the Opioid
Epidemic, $38,500,000 to Promote Domestic Manufacturing;
$12,000,000 for a New Domestic Drug Industry; $6,000,000 for
MedTech Manufacturing; $50,700,000 for New Medical Data
Enterprise; $25,000,000 for the Growth and Transformation of
Digital Health; $43,300,000 for New Platform for Drug
Development, including a $5,000,000 increase to fully fund
FDA's Oncology Center for Excellence; $25,100,000 for
Modernizing Generic Drug Development and Review; and
$10,000,000 for Investment and Innovation for Rare Diseases.
Within the increases provided for food safety activities,
the conferees provide $2,000,000 for FSMA Cooperative
Agreements, $2,800,000 for Food Import safety, $5,000,000 to
address Food Safety Outbreaks; $500,000 to test Antibiotic
Resistance in Imported Seafood, $2,000,000 for Standard of
Identity and Product labeling; and a $1,500,000 increase for
consumer education and outreach regarding biotechnology.
The additional funding provided to combat the opioid
epidemic should be used for regulatory science, enforcement,
and innovation activities. Within these funds, the conferees
provide $20,000,000 to create a large-scale data warehouse
and perform data analytics to better assess vulnerability
points in the population, anticipate changes in the crisis,
and target regulatory changes required.
The conferees expect the Center for Food Safety and Applied
Nutrition to fund, at least at the 2018 level, those
agreements on outreach to farmers that are continued in 2019.
The conferees direct the FDA to submit a report no later
than 180 days after enactment of this Act, that includes the
number of enforcement actions FDA brought against dietary
supplement manufacturers and marketers, as well as
manufacturers and marketers of products claiming to be
dietary supplements, the number of dietary supplement good
manufacturing practice inspections FDA conducted in 2018 and
the number of FTEs dedicated to dietary supplement
inspections and the number of serious adverse events that
were reported to FDA from 2015 to 2018.
The conferees support FDA's commitment to complete a
separate section of regulations for medical gas current good
manufacturing practices. Therefore, the FDA shall issue final
regulations required by the fiscal year 2017 Consolidated
Appropriations Act no later than March 31, 2019.
buildings and facilities
The conference agreement provides $11,788,000 for the Food
and Drug Administration Buildings and Facilities.
FDA Innovation Account, Cures Act
(including transfer of funds)
The conference agreement provides $70,000,000 for the FDA
as authorized in the 21st Century Cures Act.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
The conference agreement includes a limitation of
$74,600,000 on administrative expenses of the Farm Credit
Administration.
TITLE VII
General Provisions
(including rescissions and transfers of funds)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working
Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding
nonprofit institutions.
Section 705.--The bill includes language regarding Rural
Development programs.
Section 706.--The bill includes language regarding
information technology systems.
Section 707.--The bill includes language regarding fund
availability.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding IT
system regulations.
Section 714.--The bill includes language regarding Section
32 activities.
Section 715.--The bill includes language regarding user fee
proposals without offsets.
Section 716.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 717.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 718.--The bill includes language regarding the
appropriations hearing process.
Section 719.--The bill includes language regarding
government-sponsored news stories.
Section 720.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 721.--The bill includes language regarding Rural
Development programs.
Section 722.--The bill includes language requiring spend
plans.
Section 723.--The bill includes language regarding
nutrition programs.
Section 724.--The bill includes language regarding Rural
Development programs.
Section 725.--The bill includes language regarding USDA
loan programs.
Section 726.--The bill includes language regarding the
Working Capital Fund.
Section 727.--The bill includes language regarding SNAP
variety.
Section 728.--The bill includes language regarding
industrial hemp.
Section 729.--The bill includes language regarding loan
programs.
Section 730.--The bill includes language regarding consumer
information.
Section 731.--The bill includes language regarding FDA
regulations.
Section 732.--The bill includes language regarding FDA
regulations.
Section 733.--The bill includes language regarding Food for
Peace.
Section 734.--The bill includes language regarding research
programs.
Section 735.--The bill includes language regarding Rural
Development programs.
Section 736.--The bill includes language regarding USDA
regulations.
Section 737.--The bill includes language regarding FDA
regulations.
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Section 738.--The bill includes language regarding research
facilities.
Section 739.--The bill includes language regarding
conservation programs.
Section 740.--The bill includes language regarding the
Water Bank Act.
Section 741.--The bill includes language regarding
geographically disadvantaged farmers.
Section 742.--The bill includes language regarding animal
welfare.
Section 743.--The bill includes language regarding Food for
Progress.
Section 744.--The bill includes language regarding United
States iron and steel products.
Section 745.--The bill includes language regarding Rural
Development program assistance.
Section 746.--The bill includes language regarding multi-
family housing programs.
Section 747.--The bill includes language regarding
lobbying.
Section 748.--The bill includes language regarding the
Agriculture Risk Coverage program.
Section 749.--The bill includes language regarding poultry
products.
Section 750.--The bill includes language regarding certain
inspection activities.
Section 751.--The bill includes language regarding water
supplies.
Section 752.--The bill includes language regarding Rural
Development programs.
Section 753.--The bill includes language regarding poultry
products.
Section 754.--The bill includes language regarding child
nutrition programs.
Section 755.--The bill includes language regarding
nutritional guidelines.
Section 756.--The bill includes language regarding low-
income communities.
Section 757.--The bill includes language regarding citrus
greening.
Section 758.--The bill includes language regarding grape
varietals.
Section 759.--The bill includes language regarding grain
inspection agreements.
Section 760.--The bill includes language regarding school
lunch programs.
Section 761.--The bill includes language regarding opioids.
Section 762.--The bill includes language regarding rural
broadband.
Section 763.--The bill includes language regarding water
and waste programs.
Section 764.--The bill includes language regarding the
National Institute of Food and Agriculture.
Section 765.--The bill includes language regarding FDA
regulations.
Section 766.--The bill includes language regarding dietary
guidelines.
Section 767.--The bill includes language regarding added
sugars.
Section 768.--The bill includes language regarding school
breakfast programs.
Section 769.--The bill includes language regarding
emergency assistance.
Section 770.--The bill includes language regarding research
programs.
Section 771.--The bill includes language regarding
conservation programs.
Section 772.--The bill includes language regarding rural
housing programs.
Section 773.--The bill includes language regarding FDA
regulations.
Section 774.--The bill includes language regarding Centers
of Excellence.
Section 775.--The bill includes language regarding child
nutrition programs.
Section 776.--The bill includes language regarding FDA
regulations.
Section 777.--The bill includes language regarding Food for
Peace.
Section 778.--The bill includes language regarding the Farm
Service Agency.
Section 779.--The bill includes language regarding rural
broadband.
Section 780.--The bill includes language regarding Rural
Development programs.
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DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Report language included in House Report 115-704 (``the
House report'') or Senate Report 115-275 (``the Senate
report'') that is not changed by this explanatory statement
or the Act is approved. The explanatory statement, while
repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly
provided herein. In cases where both the House report and the
Senate report address a particular issue not specifically
addressed in the explanatory statement, the House report and
the Senate report should be read as consistent and are to be
interpreted accordingly. In cases where the House report or
the Senate report directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement, and shall not reallocate resources or
reorganize activities except as provided herein.
Reprogramming procedures shall apply to: funds provided in
this Act; unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in
fiscal year 2019; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2019. These procedures are specified in section
505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or
in the House report or the Senate report and not changed by
this Act, shall be construed as the position of the Congress
and shall not be subject to reductions or reprogramming
without prior approval of the Committees. Further, any
department or agency funded in this Act that plans a
reduction-in-force shall notify the Committees by letter no
later than 30 days in advance of the date of any such planned
personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile
the differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2019, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 533 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment.
TITLE I--DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $495,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $11,000,000 in estimated fee collections, resulting
in a direct appropriation of $484,000,000. The agreement
provides no less than $88,500,000 for Enforcement and
Compliance and no less than $320,000,000 for Global Markets.
The agreement adopts Senate report language regarding
SelectUSA.
U.S. and Foreign Commercial Service (US&FCS).--The
agreement rejects the proposed cuts to the US&FCS and
provides no less than the amount provided in fiscal year
2018. ITA shall submit quarterly reports to the Committees,
due not later than 30 days after the end of each quarter,
detailing staffing levels within the US&FCS, including a
breakout of Foreign Service Officers, Locally Engaged Staff,
and U.S. field staff. These reports shall also include
obligations by object class for the US&FCS for the given
quarter, and shall include a comparison of staffing and
obligation levels for the same quarter in the past three
fiscal years along with an explanation of any significant
variances compared to the prior year quarters. The first such
report shall include a discussion of the reasons for ITA not
maintaining Foreign Service Officer staffing within the
funding provided for the US&FCS over the last three fiscal
years.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $118,050,000 for the Bureau of
Industry and Security (BIS).
The agreement does not adopt House report language relating
to the division of funds between Export Administration,
Export Enforcement, and Management and Policy Coordination.
Instead, the agreement includes bill language to ensure that
the additional resources above enacted for BIS are devoted to
an effective Section 232 exclusion process. The Department
shall provide quarterly reports to the Committees, due not
later than 15 days after the end of each quarter, on the
implementation of the exclusion process, which shall include:
(a) the number of exclusion requests received; (b) the number
of exclusion requests approved and denied; (c) the status of
efforts to assist small- and medium-sized businesses in
navigating the exclusion process; (d) Department-wide
staffing levels for the exclusion process, including
information on any staff detailed to complete this task; and
(e) Department-wide funding by source appropriation and
object class for costs undertaken to process the exclusions.
Economic Development Administration
The agreement includes $304,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA). Section 523 of the agreement includes a
rescission of $10,000,000 in Economic Development Assistance
Program balances. The funds shall be derived from recoveries
and unobligated grant funds that were not appropriated with
emergency or disaster relief designations.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $265,000,000 for Economic
Development Assistance Programs. Funds are to be distributed
as follows; any deviation of funds shall be subject to the
procedures set forth in section 505 of this Act:
Public Works......................................... $117,500,000
Partnership Planning................................. 33,000,000
Technical Assistance................................. 9,500,000
Research and Evaluation.............................. 1,500,000
Trade Adjustment Assistance.......................... 13,000,000
Economic Adjustment Assistance....................... 37,000,000
Assistance to Coal Communities....................... 30,000,000
Section 27 Regional Innovation Program Grants........ 23,500,000
-----------------
Total............................................ $265,000,000
SALARIES AND EXPENSES
The agreement includes $39,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $40,000,000 for the Minority
Business Development Agency (MBDA), an increase of $1,000,000
above fiscal year 2018. MBDA is directed to allocate the
majority of its total appropriation, including the entire
increase above fiscal year 2018, toward cooperative
agreements, external awards, and grants, including not less
than $10,400,000 to continue MBDA's traditional Business
Center program and Specialty Project Center program. The
agreement does not approve of the Department's recent
proposal to transform MBDA's service delivery model, but
transformation proposals can be considered if proposed as
part of the Department's fiscal year 2020 budget request.
While the agreement is supportive of MBDA and its programs,
MBDA is encouraged to obtain an independent external
evaluation of its various programs.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $101,000,000 for Economic and
Statistical Analysis. Senate and House language regarding the
Outdoor Recreation Satellite Account is adopted, and the
agreement provides $1,500,000 to continue this work in fiscal
year 2019.
Income Growth Indicators.--The Bureau of Economic Analysis
(BEA) is encouraged to work with the relevant additional
agencies to develop and begin reporting on income growth
indicators. In these indicators, BEA is encouraged to report
at least annually on how incomes grow in each decile of the
income distribution, no later than 2020. BEA is encouraged to
include the latest available estimates of these measures with
each report or update issued by the agency on the Gross
Domestic Product of the United States.
Bureau of the Census
The agreement includes $3,821,388,000 for the Bureau of the
Census.
CURRENT SURVEYS AND PROGRAMS
The agreement includes $270,000,000 for the Current Surveys
and Programs account of the Bureau of the Census.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $3,551,388,000 for the Periodic
Censuses and Programs account of the Bureau of the Census.
In October 2017, the Secretary of Commerce delivered a new
life-cycle cost estimate for the 2020 Decennial Census
totaling $15,625,000,000. In addition to reliance on a new
independent cost estimate, the Secretary's estimate includes
additional assumptions to enhance the robustness and
reliability of the program. For example, the new estimate
assumes the need for additional in-person follow-up visits
due to fewer households expected to initially respond to the
Census. In addition, the Census Bureau is directed to provide
the Committees with notification 15 days before any spending
it intends to incur in fiscal year 2019 that is above the
amounts included in the October 2017 life-cycle cost estimate
for fiscal year 2019.
2020 Census Partnership and Communications Activities.--The
agreement reiterates House and Senate language regarding the
Bureau's partnership and communications efforts aimed at
maximizing self-response to the 2020 Decennial Census.
Additionally, the Bureau shall devote funding to expand
targeted communications activities as well as to open local
questionnaire assistance centers in hard-to-count
communities.
[[Page H1806]]
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $39,500,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The agreement provides up to
$7,500,000 to continue the broadband mapping effort started
in fiscal year 2018 and adopts Senate report language
regarding rural and tribal communities. The agreement
modifies Senate language regarding a standardized process, to
direct NTIA to work with the Federal Communications
Commission to improve the collection of broadband data.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$3,370,000,000, the full amount of offsetting fee collections
estimated for fiscal year 2019 by the Congressional Budget
Office. The agreement transfers $1,500,000 to the Office of
Inspector General to continue oversight and audits of USPTO
operations and budget transparency.
National Institute of Standards and Technology
The agreement includes $985,500,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $724,500,000 for NIST's Scientific
and Technical Research and Services (STRS) account. The
agreement rejects the proposed terminations and reductions
for all STRS programs and provides not less than fiscal year
2018 funding for: Cybersecurity and Privacy; Advanced
Manufacturing and Material Measurements; Quantum Science;
Advanced Communications, Networks, and Scientific Data
Systems; Biological Science and Health Measurements;
Environmental Measurements; Time and Fundamental Measurement
Dissemination; Physical Infrastructure and Resilience; the
Special Programs Office; the Standards Coordination Office;
the Baldrige Performance Excellence Program; NIST Center of
Excellence Program; and NIST User Facilities. The Senate
report language regarding forensic sciences is adopted by
reference.
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $155,000,000 in total for Industrial
Technology Services, including $140,000,000 for the Hollings
Manufacturing Extension Partnership and $15,000,000 for the
National Network for Manufacturing Innovation, to include
funding for center establishment and up to $5,000,000 for
coordination activities.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement includes $106,000,000 for Construction of
Research Facilities.
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).--
Within the amount provided for Construction of Research
Facilities, the agreement includes no less than $75,000,000
for NIST to address its most pressing SCMMR projects.
National Oceanic and Atmospheric Administration
Judgment Fund Repayment.--The agreement does not provide
funding for the National Oceanic and Atmospheric
Administration (NOAA) to make payments to the Department of
Treasury Judgment Fund. NOAA is directed to request all
future Judgment Fund payments through the regular budget
process.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$3,772,477,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of NOAA. This
total funding level includes $3,596,997,000 in direct
appropriations; a transfer of $157,980,000 from balances in
the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' fund; and $17,500,000
derived from recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service (NOS).--$581,567,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning:
Navigation, Observations and Positioning................. $156,467
Integrated Ocean Observing System Regional Observations.. 38,500
Hydrographic Survey Priorities/Contracts................. 32,000
------------
Navigation, Observations and Positioning................... 226,967
============
Coastal Science and Assessment:
Coastal Science, Assessment, Response and Restoration.... 77,500
Competitive External Research............................ 18,000
------------
Coastal Science and Assessment............................. 95,500
============
Ocean and Coastal Management and Services:
Coastal Zone Management and Services..................... 43,500
Coastal Zone Management Grants........................... 75,500
Title IX Fund............................................ 30,000
Coral Reef Program....................................... 27,600
Sanctuaries and Marine Protected Areas................... 55,500
National Estuarine Research Reserve System............... 27,000
------------
Ocean and Coastal Management and Services.................. 259,100
============
Total, National Ocean Service, Operations, 581,567
Research, and Facilities..........................
------------------------------------------------------------------------
Coastal Science, Assessment, Response and Restoration.--The
agreement provides $2,372,000 for the operations and staffing
of the Gulf of Mexico Disaster Response Center. Additionally,
in lieu of Senate language regarding emergency preparedness
training, the agreement supports the requested increase for
the Disaster Preparedness Program to bolster NOS's emergency
response to coastal storms and other disasters.
National Geodetic Survey.--The agreement provides $500,000
above the request to support continued development and
advancement of geospatial analytical and mapping techniques
to precisely update shorelines in a common data format.
Regional Data Portals.--Within funding for Integrated Ocean
Observing System (IOOS) Regional Observations, $1,500,000 is
for the regional ocean partnerships, or their equivalent, to
enhance their capacity for sharing and integration of Federal
and non-Federal data to support regional coastal, ocean, and
Great Lakes management priorities as outlined in Executive
Order 13840. The IOOS Program Office shall coordinate with
the Office of Coastal Management on the implementation of
these funds. This effort is not intended to detract from the
existing work of IOOS, but to enhance collaboration and
coordination in the regions. Additionally, Senate language
regarding IOOS is adopted.
Harmful Algal Blooms.--The agreement adopts House and
Senate language regarding Harmful Algal Blooms. Within the
funds available for Coastal Science and Assessment, a
$5,000,000 increase is for additional Competitive External
Research to determine and mitigate the impact of Harmful
Algal Blooms in marine and freshwater habitats.
Hydrographic Surveys and Contracts.--The agreement adopts
House and Senate report language regarding the backlog in
hydrographic survey work and charting in the Arctic. In
addition, NOAA is directed to make navigationally significant
waters impacted by disasters a priority.
Marine Debris.--The agreement adopts Senate report language
regarding Marine Debris and provides the program $500,000
above the enacted level.
Coastal Observing Assets.--The agreement includes
$1,500,000 within Navigation, Observation and Positioning to
replace or repair degraded or unreliable coastal, ocean, and
Great Lakes observing assets.
National Marine Fisheries Service (NMFS).--$908,832,000 is
for NMFS Operations, Research, and Facilities.
[[Page H1807]]
NATIONAL MARINE FISHERIES SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management:
Marine Mammals, Sea Turtles and Other Species............ $118,348
Species Recovery Grants.................................. 7,000
Atlantic Salmon.......................................... 6,500
Pacific Salmon........................................... 65,000
------------
Protected Resources Science and Management................. 196,848
============
Fisheries Science and Management:
Fisheries and Ecosystem Science Programs and Services.... 147,107
Fisheries Data Collections, Surveys and Assessments...... 168,086
Observers and Training................................... 53,955
Fisheries Management Programs and Services............... 121,116
Aquaculture.............................................. 15,000
Salmon Management Activities............................. 37,000
3Regional Councils and Fisheries Commissions............. 40,175
Interjurisdictional Fisheries Grants..................... 3,365
------------
Fisheries Science and Management........................... 585,804
============
Enforcement................................................ 69,796
============
Habitat Conservation and Restoration....................... 56,384
============
Total, National Marine Fisheries Service, $908,832
Operations, Research, and Facilities..............
------------------------------------------------------------------------
Consultation and Permitting Capacity.--Senate guidance
under NMFS for addressing Endangered Species Act and
Essential Fish Habitat consultation backlogs is adopted. The
agreement provides increases of $3,000,000 in Protected
Resources Science and Management, and $3,000,000 in Habitat
Conservation and Restoration for these purposes.
Economic Impact of Turtle Excluder Devices (TEDs).--The
agreement adopts House and Senate language regarding the
economic impact of TEDs but clarifies that the House and
Senate require only a single report on the specific steps
NMFS would consider taking to eliminate the negative economic
impact of any rule requiring TEDs. NMFS is directed to
deliver the report as soon as possible, but not later than 90
days prior to the release of any rule.
Gulf of Mexico Red Snapper.--Senate guidance on stock
assessments used for management of reef fish in the Gulf of
Mexico is adopted. Within the level of funding provided for
Fisheries Data Collections, Surveys and Assessments, NMFS
shall work on development, implementation, and validation of
electronic logbooks for the Federally permitted charter-for-
hire sector, as described in the House report, and continue
to provide technical support to the Gulf States, as described
in the Senate report.
Oyster Restoration.--The agreement provides $1,500,000
within Habitat Conservation and Restoration for oyster
restoration, as described in House report language.
Salmon Management Activities.--The agreement recognizes the
importance of implementing the newly renewed Pacific Salmon
Treaty Agreement and includes up to $1,500,000 above the
fiscal year 2018 level for these purposes.
Offshore Wind.--The agreement does not adopt House or
Senate language regarding offshore wind.
Highly Migratory Species.--In lieu of House and Senate
language, direction is provided for this activity under
Oceanic and Atmospheric Research, National Sea Grant College
Program.
California operations.--House report language regarding
California operations is not adopted.
Biological Opinion Prioritization.--House report language
regarding Biological Opinion Prioritization is not adopted.
Office of Oceanic and Atmospheric Research (OAR).--
$525,060,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research:
Laboratories and Cooperative Institutes.................. $61,000
Regional Climate Data and Information.................... 38,000
Climate Competitive Research, Sustained Observations and 60,000
Regional Information....................................
------------
Climate Research........................................... 159,000
============
Weather and Air Chemistry Research:
Laboratories and Cooperative Institutes.................. 85,758
U.S. Weather Research Program............................ 17,000
Tornado Severe Storm Research/Phased Array Radar......... 12,622
Joint Technology Transfer Initiative..................... 20,000
------------
Weather and Air Chemistry Research......................... 135,380
============
Ocean, Coastal and Great Lakes Research:
Laboratories and Cooperative Institutes.................. 36,000
National Sea Grant College Program....................... 68,000
Marine Aquaculture Program............................... 12,000
Ocean Exploration and Research........................... 42,000
Integrated Ocean Acidification........................... 12,000
Sustained Ocean Observations and Monitoring.............. 43,000
Oceanographic Research Partnership Program............... 5,500
------------
Ocean, Coastal and Great Lakes Research.................... 218,500
============
High Performance Computing Initiatives..................... 12,180
============
Total, Office of Oceanic and Atmospheric Research, $525,060
Operations, Research, and Facilities..............
------------------------------------------------------------------------
National Integrated Drought Information System (NIDIS).--
The agreement provides $13,500,000 for NIDIS activities.
Ocean Exploration and Research.--The agreement adopts House
and Senate report language regarding ocean exploration and
research. The agreement supports the use of existing tele-
presence technology, and applied exploration, to map
critically important mineral deposits within America's
exclusive economic zone and sites of submerged human history,
particularly in the Pacific.
Multi-Function Phased Array Radar (MPAR) Program.--The
fiscal year 2018 appropriations Act directed NOAA to maintain
its leadership in the Spectrum Efficient National
Surveillance Radar (SENSR) Program. There is frustration with
the decision to de-scope the SENSR program by removing the
high-resolution weather sensing requirements, and concern
that NOAA is unprepared to execute a weather radar follow-on
program. In lieu of Senate language, the agreement directs
OAR, in coordination with the National Weather Service, to
develop and submit to the Committees, within 90 days of
enactment of this Act, a weather radar follow-on research-to-
operations transition plan, in accordance with the
requirements for agency
[[Page H1808]]
transition plans set forth under NOAA Administrative Order
216-105B, section 3.06.
Oceanographic Research Partnership Program.--$5,500,000 is
for NOAA to advance ocean science research through the
program established under 10 U.S.C. 7901. Senate guidance for
this funding and support for Ocean Joint Technology Transfer
Initiative projects funded in fiscal year 2018 is adopted.
Joint Technology Transfer Initiative (JTTI).--House
language regarding JTTI is adopted. Of the amount provided
for JTTI, up to $5,000,000 shall be available to pursue
innovative, modern techniques to accelerate the transition of
weather research to operations.
Highly Migratory Species.--In lieu of House and Senate
language under NMFS, the agreement provides up to $2,000,000
within OAR for the Sea Grant program to partner with State
agencies, academia, and the fishing industry to research
highly migratory fish species in the Gulf of Mexico and the
Atlantic. This should include examining the impact of
offshore oil platforms on the biology of highly migratory
species, such as yellow fin tuna. Highly migratory species,
and the coastal communities that rely on the health of these
stocks, could greatly benefit from improved, science-based
management and conservation.
National Weather Service (NWS).--$1,020,719,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations.................................. $224,363
Central Processing............................ 97,890
Analyze, Forecast and Support................. 505,438
Dissemination................................. 50,028
Science and Technology Integration............ 143,300
========================
Total, National Weather Service, $1,020,719
Operations, Research, and Facilities......
------------------------------------------------------------------------
Quarterly Briefings.--The fiscal year 2018 appropriations
Act directed the NWS to provide quarterly briefings to the
Committees on all NWS management and budget issues. The
agreement adopts House and Senate language regarding such
reporting. However, there is frustration and disappointment
that the NWS was unable to provide any quarterly briefings
during fiscal year 2018. The American people entrust the NWS
with more than $1,000,000,000 each year to provide accurate
weather forecasting. It is unacceptable that the NWS is
unwilling or unable to report to the Committees on its
operations. The leadership of the Department of Commerce and
NOAA shall ensure NWS improves the transparency of its
operations and provides quarterly briefings on management and
budget issues to the Committees.
National Mesonet Program.--The agreement adopts Senate
report language on the National Mesonet Program and provides
$19,000,000 for these activities.
Advanced Weather Interactive Processing System (AWIPS).--
Within the increased funding for Central Processing, the
agreement fully funds the request for the AWIPS Cyclical
Refreshment.
Facilities Maintenance.--Within funding for Analyze,
Forecast, and Support, the agreement provides $8,000,000 for
the National Weather Service's highest priority facilities
repair and deferred maintenance requirements at Weather
Forecast Offices. Thirty days prior to obligating any of
these additional facilities repair and deferred maintenance
funds, NWS shall submit a report providing: (1) a prioritized
list of NWS deferred facilities maintenance needs, based on
the facilities condition assessment; and (2) an estimate of
the total amount and composition of deferred facilities
maintenance. In subsequent fiscal years, NOAA shall request
resources in line with the September 2017 NWS Facilities
Strategic Plan.
Dissemination.--House report language regarding the
Integrated Dissemination Program system is not adopted.
National Water Center (NWC) Operations.--The agreement
adopts Senate language under NWS for the NWC and provides an
additional $1,500,000 within Analyze, Forecast, and Support
to expedite hiring within the NWC Water Prediction
Operations Division. The increasing prevalence and
severity of flooding events results in loss of life and
billions of dollars of property damage. While NOAA has
made progress in developing next-generation water modeling
capabilities, such as the National Water Model, it is
imperative that these technologies be transitioned into
operations to enable more accurate and longer range flood
forecasts. Objective 3.3 of the Department of Commerce's
Strategic Plan directs NOAA to begin demonstrating these
capabilities. Therefore, NWS should also simultaneously be
preparing to operationalize these capabilities. NWS is
directed to develop and make public, by the end of fiscal
year 2019, an operations and services policy directive
that defines national instructions on operations at the
NWC, and the content and provision of NWC products and
services. Further, such policy should establish the NWC as
the operational center of excellence for water prediction
and related decision support services within NOAA.
National Environmental Satellite, Data and Information
Service (NESDIS).--$242,666,000 is for National Environmental
Satellite, Data and Information Service Operations, Research,
and Facilities.
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Satellite and Production Operations.............. 146,924
============
Product Development, Readiness and Application............. 31,000
============
Commercial Remote Sensing Regulatory Affairs............. 1,800
Office of Space Commerce................................. 1,800
Group on Earth Observations.............................. 500
------------
Environmental Satellite Observing Systems.................. 182,024
============
National Centers for Environmental Information............. 60,642
============
Total, National Environmental Satellite, Data and 242,666
Information Service, Operations, Research, and Facilities.
------------------------------------------------------------------------
Mission Support.--$267,213,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership..................................... $27,078
Mission Services and Management.......................... 148,000
IT Security.............................................. 10,050
Payment to DOC Working Capital Fund...................... 53,585
------------
Mission Support Services................................... 238,713
============
Offices of Education
BWET Regional Programs................................... 7,500
Education Partnership Program/Minority Serving 16,000
Institutions............................................
NOAA Education Program Base.............................. 5,000
------------
Office of Education........................................ 28,500
============
Total, Mission Support, Operations, Research and Facilities $267,213
------------------------------------------------------------------------
Office of Marine and Aviation Operations (OMAO).--
$226,420,000 is for OMAO Operations, Research, and
Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance........................ $190,670
Aviation Operations and Aircraft Services................ 35,750
============
Total, Office of Marine and Aviation Operations............ $226,420
------------------------------------------------------------------------
Monitoring of Atmospheric Rivers.--Improving understanding
of atmospheric rivers is critical to preparing for
concentrated rain storms and flooding along the U.S. West
Coast. Therefore, the agreement provides $1,000,000 for use
of airborne assets to conduct increased winter storm
observations to better observe and predict these extreme
weather events.
Fleet Deferred Maintenance.--The agreement provides
$9,500,000 above the request in OMAO's Operations, Research,
and Facilities account, and $11,500,000 above the request in
OMAO's Procurement, Acquisition and Construction account to
address deferred maintenance and technological refresh of
NOAA's fleet. Within 120 days of enactment of this Act,
NOAA shall update the Committees on the remaining deferred
maintenance needs and the fleet maintenance strategy going
forward.
Procurement, Acquisition and Construction
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,768,349,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,755,349,000
is appropriated from the general fund and $13,000,000 is
derived from recoveries of prior year obligations. The
following narrative and table identify the specific
activities and funding levels included in this Act:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
Natonal Estuarine Research Reserve Construction....... $1,900
Marine Sanctuaries Construction....................... 2,000
---------------
Total, NOS--PAC......................................... 3,900
===============
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI............................ 41,000
===============
National Weather Service Systems Acquisition
Observations.......................................... 21,129
Central Processing.................................... 66,761
Dissemination......................................... 35,000
---------------
Subtotal, NWS, Systems Acquisition.................... 122,890
---------------
Weather Forecast Office Construction.................. 19,000
---------------
Total, NWS--PAC......................................... 141,890
===============
National Environmental Satellite, Data and Information
Service
GOES R................................................ 408,380
Space Weather Follow-on............................... 27,000
Joint Polar Satellite System.......................... 548,035
Polar Follow-on....................................... 329,956
CDARS................................................. 26,539
COSMIC 2/GNSS RO...................................... 5,892
Satellite Ground Services............................. 58,000
System Architecture and Advanced Planning............. 4,929
Projects, Planning, and Analysis...................... 40,000
Commercial Weather Data Pilot......................... 6,000
---------------
Subtotal, NESDIS Systems Acquisition.................. 1,454,731
---------------
Satellite CDA Facility................................ 2,450
---------------
Total, NESDIS--PAC...................................... 1,475,181
===============
Mission Support
NOAA Construction..................................... 25,000
===============
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.... 24,378
3New Vessel Construction.............................. 75,000
---------------
Total, OMAO--PAC........................................ 99,378
===============
[[Page H1809]]
Total, Procurement, Acquisition, and Construction....... $1,768,349
------------------------------------------------------------------------
NWS Construction and Major Repair.--The agreement includes
$19,000,000 for NWS Facilities Construction and Major Repair,
and, within the amount provided, not less than $11,000,000 is
to address NWS's most pressing major construction needs among
the Weather Forecast Offices.
Polar Weather Satellites.--Senate language regarding Polar
Weather Satellites is not adopted. The agreement maintains
separate funding for the Joint Polar Satellite System (JPSS)
and the Polar Weather Follow-on (PFO) Program and includes
$548,035,000 and $329,956,000 for those programs,
respectively. NOAA's proposal to combine the JPSS and PFO
programs will continue to be considered, and NOAA is
encouraged to provide the Committees, concurrent with the
submission of its fiscal year 2020 budget request, a revised
proposal that clearly identifies the cost and programmatic
efficiencies that would be gained by combining these programs
into one funding line.
NOAA Construction.--House and Senate reporting requirements
regarding deferred facilities maintenance needs are adopted.
Additionally, the agreement retains Senate language regarding
Mission Support, facilities initiative.
Space Weather Follow-on.--The agreement includes
$27,000,000 for Space Weather Follow-on. NOAA shall continue
development and construction of two compact coronagraphs.
Further, NOAA shall begin preparations to integrate a compact
coronagraph on Geostationary Operational Environmental
Satellite-U and coordinate with the National Aeronautics and
Space Administration to launch a compact coronagraph as a
ride-share with the Interstellar Mapping and Acceleration
Program mission to ensure continuation of Federal space
weather sentinel and forecasting capabilities.
NOAA Marine Operations Facilities.--As a result of the
submission of the report required in fiscal year 2018
regarding the facility to accommodate the NOAA fisheries
research vessel Henry B. Bigelow, the agreement does not
adopt the Senate report language withholding certain funding.
NOAA Construction funding may be used to implement the
recommendations of the report. In the future, the NOAA is
expected to meet its reporting deadlines.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for Pacific Coastal
Salmon Recovery. The agreement adopts the House approach to
the allocation of funds to eligible grantees.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERY DISASTER ASSISTANCE
The agreement includes $15,000,000 for fishery disaster
assistance.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $63,000,000 for Departmental
Management salaries and expenses.
Space Commerce.--The Department transmitted a legislative
proposal to create, within the Department, a Bureau of Space
Commerce in response to Presidential Space Directive-2,
Streamlining Regulations on Commercial Use of Space. The
mission of the proposed Bureau of Space Commerce would be to
encourage commercial space activity, streamline regulations,
and consolidate Department of Commerce space commerce
functions. The Department shall work with appropriations and
authorizing committees on any future implementation of this
legislative proposal. Until such time that a Bureau of Space
Commerce is established in law, the agreement provides
sufficient funds to support the Office of Space Commerce,
within NOAA NESDIS, and directs the Department to fully
utilize its current offices and authorities to encourage the
commercial use of space.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $41,102,000 for the
Office of Inspector General. This amount includes $32,744,000
in direct appropriations, a $1,500,000 transfer from USPTO, a
transfer of $3,556,000 from the Bureau of the Census,
Periodic Censuses and Programs, and $1,302,000 from NOAA PAC
for audits and reviews of those programs. In addition,
$2,000,000 is derived from the Public Safety Trust Fund for
oversight of FirstNet.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department salaries
and expenses available for hire of passenger motor vehicles,
for services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other unlawful
activity over their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 provides for certain joint enforcement
agreement activities.
Section 112 amends Public Law 115-123 regarding NOAA
facilities.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
The agreement includes $113,000,000 for General
Administration, Salaries and Expenses. This reduction of
$1,000,000 from the fiscal year 2018 level reflects
dissatisfaction with continued poor responsiveness to
congressional inquiries. The Department shall comply with
Senate Report 114-239 direction regarding timely responses to
the Committees.
Fighting the Opioid Epidemic.--The agreement includes
significant increases in both law enforcement and grant
resources for the Department of Justice (DOJ) to continue
combating the rising threat to public health and safety from
opioid and heroin use and drug trafficking. This includes a
total of $468,000,000, an increase of $21,500,000 more than
fiscal year 2018, in DOJ grant funding to help State, local,
and tribal communities respond to the opioid crisis. The Drug
Enforcement Administration (DEA) is also funded at
$2,687,703,000, an increase of $77,803,000 more than fiscal
year 2018, to help fight drug trafficking, including heroin
and fentanyl. Funding for DEA will also expand interdiction
and intervention programs including the addition of at least
four new heroin enforcement teams and DEA 360 Strategy
programming.
Working Capital Fund and Non-appropriated Fund Budget
Requests and Expenditure Plans.--DOJ shall include a detailed
breakout of its non-appropriated funding sources in its
future budget requests, as specified in the House report. DOJ
shall include in its fiscal year 2019 spending plans for DOJ
components details on non-appropriated funds with regard to
the Working Capital Fund, retained earnings and unobligated
transfers, and civil debt collection proceeds, as specified
in the House and Senate reports.
The spending plans should include reports specified in the
Senate report regarding Working Capital Fund carryover funds
and Three Percent Fund collections and expenditures. In
addition, DOJ shall continue to provide the Committees
quarterly reports on the collections, balances, and
obligations of these funds, as specified in the House and
Senate reports.
The agreement does not adopt section 539 of the House
reported bill regarding civil settlement agreements. The
Attorney General's June 5, 2017, memorandum, ``Prohibition on
Settlement Payments to Third Parties'' addresses the
treatment of such settlements.
justice information sharing technology
(including transfer of funds)
The agreement includes $32,000,000 for Justice Information
Sharing Technology.
executive office for immigration review
(including transfer of funds)
The agreement includes $563,407,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
derived by transfer from fee collection. Within the funding
provided, $11,400,000 is provided for the Legal Orientation
Program (LOP). Senate report language regarding LOP and
technology improvements is adopted.
In fiscal year 2018, Congress provided funding for 484
Immigration Judge (IJ) teams. Despite Departmental actions to
accelerate the recruitment and hiring of immigration judges,
only 395 IJ teams were on-board at the end of fiscal year
2018. The agreement provides funding for 534 IJ teams,
including associated space and technology requirements.
Immigration Adjudication Performance and Reducing Case
Backlog.--The Department shall continue efforts to accelerate
the hiring and deployment of IJ teams, giving priority to the
highest workload areas, and improving coordination with the
Department of
[[Page H1810]]
Homeland Security to institute fair and efficient court
proceedings in detention facilities and ensure court
appearances by non-detained individuals. The Department
should continue to hire the most qualified IJs from a diverse
pool of candidates to ensure the adjudication process is
impartial and consistent with due process.
EOIR shall continue to submit monthly reports on
performance and IJ hiring in the format and detail provided
in fiscal year 2018, to include statistics available on the
number of cases where visa overstay is a relevant factor and
the median days pending for both detained and non-detained
cases. The reports shall also list IJs who are temporarily
deployed away from their permanent courtrooms, noting the
permanent and temporary duty stations of each IJ and the
length of such temporary duty assignments. To the extent EOIR
has adopted new performance measures related to the efficient
and timely completion of cases and motions, statistics
reflecting those measures should be included in the report.
office of inspector general
The agreement includes $101,000,000 for the Office of
Inspector General.
United States Parole Commission
salaries and expenses
The agreement includes $13,000,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
salaries and expenses, general legal activities
The agreement includes $904,000,000 for General Legal
Activities, which supports the Department's full request for
the Criminal Division (CRM) to sustain the Mutual Legal
Assistance Treaty reform process, and provides increased
funding for CRM and its Office of International Affairs for
this purpose.
vaccine injury compensation trust fund
The agreement includes a reimbursement of $10,000,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
salaries and expenses, antitrust division
The agreement includes $164,977,000 for the Antitrust
Division. This appropriation is offset by an estimated
$136,000,000 in pre-merger filing fee collections, resulting
in a direct appropriation of $28,977,000.
salaries and expenses, united states attorneys
The agreement includes $2,212,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain
available until expended.
united states trustee system fund
The agreement includes $226,000,000 for the United States
Trustee Program.
salaries and expenses, foreign claims settlement commission
The agreement includes $2,409,000 for the Foreign Claims
Settlement Commission.
fees and expenses of witnesses
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
salaries and expenses, community relations service
(including transfer of funds)
The agreement includes $15,500,000 for the Community
Relations Service.
assets forfeiture fund
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
salaries and expenses
The agreement includes $1,358,000,000 for the salaries and
expenses of the United States Marshals Service (USMS).
construction
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized
by the USMS for prisoner holding and related support.
federal prisoner detention
The agreement includes $1,552,397,000 for Federal Prisoner
Detention.
National Security Division
salaries and expenses
(including transfer of funds)
The agreement includes $101,369,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
interagency crime and drug enforcement
The agreement includes $560,000,000 for the Organized Crime
and Drug Enforcement Task Forces, of which $389,000,000 is
for investigations and $171,000,000 is for prosecutions.
Federal Bureau of Investigation
salaries and expenses
The agreement includes $9,192,137,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI),
including $1,771,000,000 for Intelligence, $3,750,000,000 for
Counterterrorism and Counterintelligence, $3,122,000,000 for
Criminal Enterprises and Federal Crimes, and $549,137,000 for
Criminal Justice Services. Within funding provided, the FBI
is expected to enhance its efforts regarding human
trafficking investigations.
Terrorist Explosive Device Analytical Center (TEDAC).--The
Terrorist Explosive Device Analytical Center laboratory at
Redstone Arsenal has been accredited for forensic testing,
including explosives, by the American National Standards
Institute-American Society for Quality (ANSI-ASQ) National
Accreditation Board. Accreditation represents a significant
milestone for TEDAC and its staff and further cements the
laboratory's role in performing forensic and technical
exploitation of terrorist IEDs and explosives, both
nationally and internationally.
Cyber-stalking and threat crimes investigations and
prosecutions.--The FBI is expected to submit to the
Committees the report as directed in House Report 115-231,
and codified in Public Law 115-141, regarding increased
instances of cyber-stalking and threats, including the need
for additional resources. Both the FBI and US Attorneys are
directed to investigate and prosecute cyber-stalking and
other internet threat crimes to the fullest extent of the
law.
construction
The agreement includes $385,000,000 for FBI construction,
which supports the Senate's language on 21st Century
Facilities and provides additional funding above the
requested level for the FBI to address its highest priorities
outside of the immediate national capital area.
Drug Enforcement Administration
salaries and expenses
The agreement includes a direct appropriation of
$2,267,000,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $420,703,000 from fees
deposited in the Diversion Control Fund to carry out the
Diversion Control Program, resulting in $2,687,703,000 in
total spending authority for DEA. Funding flexibility is
provided to DEA to make improvements at its training academy.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
The agreement includes $1,316,678,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
Federal Prison System
salaries and expenses
(including transfer of funds)
The agreement includes $7,250,000,000 for the salaries and
expenses of the Federal Prison System. House and Senate
report language on treatment programming is adopted.
Residential Reentry Centers (RRCs).--Senate report language
on RRCs is adopted for RRCs in compliance with Federal law.
buildings and facilities
The agreement includes $264,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, of which
$175,000,000 is included for construction of new facilities.
The Bureau of Prisons shall provide a list of planned
Maintenance and Repair (M&R) projects to be carried out, with
estimated costs and completion dates, with the fiscal year
2019 spending plan provided to the Committees, as well as an
updated listing of remaining unfunded M&R projects.
limitation on administrative expenses, federal prison industries,
incorporated
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $3,019,800,000 for State
and local law enforcement and crime prevention programs. This
amount includes $2,915,800,000 in discretionary budget
authority, of which $497,500,000 is derived by transfer from
the Crime Victims Fund. This amount also includes
$104,000,000 scored as mandatory for Public Safety Officer
Benefits.
House and Senate report language regarding management and
administration expenses is adopted by reference, and it is
clarified that the Department's methodology for assessing
these costs should be both fair and equitable across all
grant programs.
The agreement does not adopt House language regarding
streamlining of grant administration.
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
The agreement includes $497,500,000 for the Office on
Violence Against Women. These funds are distributed as
follows:
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants.................................................. $215,000
Transitional Housing Assistance.............................. 36,000
Research and Evaluation on Violence Against Women............ 3,000
Consolidated Youth-Oriented Program.......................... 11,000
Grants to Encourage Arrest Policies.......................... 53,000
Homicide Reduction Initiative............................ (4,000)
Sexual Assault Victims Services.............................. 37,500
Rural Domestic Violence and Child Abuse Enforcement.......... 42,000
Violence on College Campuses................................. 20,000
Civil Legal Assistance....................................... 45,000
Elder Abuse Grant Program.................................... 5,000
FAmily Civil Justice......................................... 16,000
Education and Training for Disabled Female Victims........... 6,000
National Resource Center on Workplace Responses.............. 1,000
Research on Violence Against Indian Women.................... 1,000
Indian Country--Sexual Assault Clearinghouse................. 500
Tribal Special Domestic Violence Criminal Jurisdiction....... 4,000
Rape Survivor Child Custody Act.............................. 1,500
==========
[[Page H1811]]
TOTAL, Violence Against Women Prevention and Prosecution 497,500
Programs................................................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $80,000,000 for the Research,
Evaluation and Statistics account. These funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.................. $43,000
NCS-X Implementation Program................ (5,000)
National Institute of Justice................. 37,000
Domestic Radicalization Research............. (4,000)
Research on School Safety.................... (1,000)
Juvenile Online Victimization Survey......... (1,000)
National Center for Restorative Justice...... (3,000)
========================
TOTAL, Research, Evaluation and Statistics.. $80,000
------------------------------------------------------------------------
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,723,000,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants....... $423,500
Officer Robert Wilson III VALOR Initiative... (12,000)
Smart Policing............................... (7,500)
Smart Prosecution............................ (8,000)
Juvenile Indigent Defense.................... (2,000)
NamUS........................................ (2,400)
Academic Based Training Program to Improve (2,500)
Police-Based Responses to People with Mental
Illness.....................................
Project Safe Neighborhoods................... (20,000)
John R. Justice Grant Program................ (2,000)
Capital Litigation and Wrongful Conviction (5,000)
Review......................................
Prison Rape Prevention and Prosecution....... (15,500)
Emergency Federal Law Enforcement Assistance. (2,000)
Managed access systems....................... (2,000)
Kevin and Avonte's Law....................... (2,000)
Regional Law Enforcement Technology (3,000)
Initiative..................................
Community Based Violence Prevention.......... (8,000)
State Criminal Alien Assistance Program....... 243,500
Victims of Trafficking Grants................. 85,000
Economic, High-tech, White Collar and 14,000
Cybercrime Prevention.........................
Intellectual Property Enforcement Program.... (2,500)
Digital Investigation Education Program...... (2,000)
Adam Walsh Act Implementation................. 20,000
Bulletproof Vests Partnerships................ 25,000
Transfer to NIST/OLES........................ (1,500)
National Sex Offender Public Website.......... 1,000
National Instant Criminal Background Check 75,000
System (NICS) Initiative......................
NICS Act Record Improvement Program.......... (25,000)
Paul Coverdell Forensic Science............... 30,000
DNA Initiative................................ 130,000
Debbie Smith DNA Backlog Grants.............. (120,000)
Kirk Bloodsworth Post-Conviction DNA Testing (6,000)
Grants......................................
Sexual Assault Forensic Exam Program Grants.. (4,000)
Community Teams to Reduce the Sexual Assault 48,000
Kit (SAK) Backlog.............................
CASA--Special Advocates....................... 12,000
Tribal Assistance............................. 37,500
Second Chance Act/Offender Reentry............ 87,500
Smart Probation.............................. (6,000)
Children of Incarcerated Parents Demo Grants. (5,000)
Pay for Success.............................. (7,500)
Pay for Success (Permanent Supportive Housing (5,000)
Model)......................................
Project HOPE Opportunity Probation with (4,000)
Enforcement.................................
STOP School Violence Act...................... 75,000
Community trust initiative.................... 66,500
Body Worn Camera Partnership Program......... (22,500)
Justice Reinvestment Initiative.............. (27,000)
Byrne Criminal Justice Innovation Program.... (17,000)
Opioid initiative............................. 347,000
Drug Courts.................................. (77,000)
Veterans Treatment Courts.................... (22,000)
Residential Substance Abuse Treatment........ (30,000)
Prescription Drug Monitoring................. (30,000)
Mentally Ill Offender Act.................... (31,000)
Comprehensive Opioid Abuse Program (COAP).... (157,000)
Keep Young Athletes Safe Act of 2018.......... 2,500
========================
TOTAL, State and Local Law Enforcement $1,723,000
Assistance..................................
------------------------------------------------------------------------
Comprehensive Addiction and Recovery Act (CATA) programs.--
The agreement provides a total of $347,000,000 for DOJ's CARA
programs, an increase of $17,000,000 above the fiscal year
2018 level, including $12,000,000 above the fiscal year 2018
level for the Comprehensive Opioid Abuse Program (COAP). It
is expected that the Bureau of Justice Assistance will be
able to continue to make additional site-based program awards
under the existing COAP structure including no less than:
$5,000,000 for Law Enforcement Assisted Diversion (LEAD)
programs; $10,000,000 for drug collection programs as
described under Chapter 6 of Public Law 115-271; $3,000,000
for forensics services for rural law enforcement to address
drug court backlogs; $5,000,000 for education and prevention
programs to connect law enforcement agencies with K-12
students; and $10,000,000 for embedding social services with
law enforcement to respond to opioid overdoses where children
are impacted.
The agreement does not adopt House report language on
extreme risk protection orders.
Emergency Federal Law Enforcement Assistance.--In addition
to the funding provided in the agreement, as of the end of
fiscal year 2018 the Emergency Federal Law Enforcement
Assistance Program had unobligated balances of $11,800,000.
These funds remain available to address exigent law
enforcement needs in fiscal year 2019.
JUVENILE JUSTICE PROGRAMS
The agreement includes $287,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants......................... $60,000
Emergency Planning--Juvenile Detention Facilities (500)
Youth Mentoring Grants............................... 95,000
Title V--Delinquency Prevention Incentive Grants..... 24,500
Tribal Youth....................................... (5,000)
Children of Incarcerated Parents Web Portal........ (500)
Girls in the Justice System........................ (2,000)
Opioid Affected Youth Initiative................... (9,000)
Children Exposed to Violence....................... (8,000)
Victims of Child Abuse Programs...................... 22,500
Missing and Exploited Children Programs.............. 82,000
Training for Judicial Personnel...................... 3,000
==================
TOTAL, Juvenile Justice............................ $287,000
------------------------------------------------------------------------
Missing and Exploited Children Programs.--The Department is
directed that the increased amount provided above the fiscal
year 2018 level shall be divided proportionally among Missing
and Exploited Children Programs excluding research and
technical assistance activities.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $128,800,000 for the Public Safety
Officer Benefits program for fiscal year 2019. Within the
funds provided, $104,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping
purposes. In addition, $24,800,000 is provided for disability
benefits for public safety officers permanently and totally
disabled as a result of a catastrophic injury and for
education benefits for the spouses and children of officers
killed in the line of duty or permanently and totally
disabled as a result of a catastrophic injury sustained in
the line of duty.
Community Oriented Policing Services
Community Oriented Policing Services Programs
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $303,500,000 for Community Oriented
Policing Services (COPS) programs, as follows:
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants................................... $228,500
Tribal Resources Grant Program..................... (27,000)
Tribal Access Program.............................. (3,000)
Community Policing Development/Training and (6,500)
Technical Assistance..............................
Regional Information Sharing Activities............ (37,000)
Law Enforcement Mental Health and Wellness Act..... (2,000)
Police Act........................................... 10,000
Anti-Methamphetamine Task Forces..................... 8,000
Anti-Heroin Task Forces.............................. 32,000
STOP School Violence Act............................. 25,000
==================
TOTAL, Community Oriented Policing Services........ $303,500
------------------------------------------------------------------------
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational
purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or
Federal Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
[[Page H1812]]
assistance, and permits up to 2.5 percent of grant funds made
available to that office to be used for criminal justice
research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, Tribal, and
local reentry courts; and drug treatment programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
TITLE III--SCIENCE
Office of Science and Technology Policy
The agreement includes $5,544,000 for the Office of Science
and Technology Policy (OSTP).
Emerging Contaminants.--OSTP submitted the ``Plan for
Addressing Critical Research Gaps Related to Emerging
Contaminants in Drinking Water'' in October 2018. Within 90
days of the enactment of this agreement, OSTP shall update
the implementation plan included in that report, including
identifying budgetary resources required, by agency, for
fiscal years 2019, 2020, and 2021.
National Space Council
The agreement includes $1,965,000 for the activities of the
National Space Council.
Execution of Space Programs.--Under Executive Order 13803,
the National Space Council (the Council) is directed to,
among other duties, ``develop recommendations for the
President on space policy and space-related issues'' and
``foster close coordination, cooperation, and technology and
information exchange among the civil, national security, and
commercial space sectors.'' In executing these duties, the
Council is reminded that, in recent years, poor workmanship,
poor oversight, and poor performance (e.g., flawed welding
techniques, component tube contamination, incorrect cleaning
methods, using the wrong voltage in testing, unreliable
launch vehicle bolt cutter assembly, mishandling of rocket
stages during transport, and substandard strut components)
have led to costly delays and even loss of mission. Overly
ambitious technology development, optimistic scheduling, and
poor cost estimation have become common. No type of contract
vehicle seems immune, whether traditional cost-plus contracts
or firm, fixed-price contracts are used. These are inherent,
systemic problems that cannot continue. National security,
technology development, scientific discoveries, and improved
weather forecasting are too important to the future of the
Nation and require the Council to address these issues.
National Aeronautics and Space Administration
The agreement includes $21,500,000,000 for the National
Aeronautics and Space Administration (NASA). The agreement
includes substantial new resources for activities related to
Moon exploration and retains language regarding submission of
a detailed report prior to obligating certain funds. As noted
elsewhere in this statement, the lack of progress across
science and exploration programs despite continued
significant and sustained investments in these programs is
dismaying. Reports by the NASA Inspector General (IG), the
Government Accountability Office (GAO), and independent
experts point to a number of deficiencies that NASA and its
private sector partners must address. During fiscal year
2019, NASA is expected to show marked success in addressing
the myriad deficiencies identified by oversight bodies.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(In thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science....................................... $1,931,000
Planetary Science................................... 2,758,500
Astrophysics........................................ 1,191,600
James Webb Space Telescope.......................... 304,600
Heliophysics........................................ 720,000
---------------
Total, Science.................................. 6,905,700
===============
Aeronautics............................................. 725,000
===============
Space Technology........................................ 926,900
===============
Exploration:
Orion Multi-purpose Crew Vehicle.................... 1,350,000
Space Launch System (SLS) Vehicle Development....... 2,150,000
Exploration Ground Systems.......................... 592,800
Exploration R&D..................................... 958,000
---------------
Total, Exploration.............................. 5,050,800
===============
Space Operations........................................ 4,639,100
===============
STEM Engagement......................................... 110,000
===============
Safety, Security and Mission Services................... 2,755,000
===============
Construction and Environmental Compliance and 348,200
Restoration............................................
===============
Office of Inspector General............................. 39,300
===============
Total, NASA..................................... 21,500,000
------------------------------------------------------------------------
science
The agreement includes $6,905,700,000 for Science.
Earth Science.--The agreement includes $1,931,000,000 for
Earth Science and adopts all funding levels designated by the
House and the Senate.
Planetary Science.--The agreement includes $2,758,500,000
for Planetary Science. The agreement adopts House language
regarding the Europa Clipper and Lander missions modified to
reflect launch dates of 2023 for the Clipper and 2025 for the
Lander. The agreement includes $97,000,000 for the Double
Asteroid Redirection Test and no less than the fiscal year
2018 level for NEOcam. The agreement includes up to
$218,000,000 for the Lunar Discovery and Exploration program,
including $21,000,000 for the Lunar Reconnaissance Orbiter.
The agreement adopts Senate language regarding the helicopter
technology demonstration planned for Mars 2020.
Astrophysics.--The agreement includes $1,191,600,000 for
Astrophysics, including $98,300,000 for Hubble Space
Telescope operations and $45,000,000 for Education and Public
Outreach activities. The agreement does not adopt House
language regarding certain work with private sector or
philanthropic organizations.
Wide-Field Infrared Survey Telescope (WFIRST).--The
agreement includes no less than $312,200,000 for WFIRST. The
agreement emphasizes and reiterates House and Senate language
regarding cost overruns, schedule delays, and adherence to
the $3,200,000,000 cost cap. The agreement also includes
$10,000,000 for starshade technology development and
$10,000,000 for search for life technology development.
James Webb Space Telescope (JWST).--The agreement includes
$304,600,000 for JWST. There is profound disappointment with
both NASA and its contractors regarding mismanagement,
complete lack of careful oversight, and overall poor basic
workmanship on JWST, which has undergone two significant
reviews because of failures on the part of NASA and its
commercial sector partner. NASA and its commercial partners
seem to believe that congressional funding for this project
and other development efforts is an entitlement, unaffected
by failures to stay on schedule or within budget. This
attitude ignores the opportunity cost to other NASA
activities that must be sacrificed or delayed. The agreement
includes a general provision to adjust the cap for JWST to
$8,802,700,000, an increase of $802,700,000 above the
previous cap. NASA should strictly adhere to this cap or,
under this agreement, JWST will have to find cost savings or
cancel the mission. NASA and its contractors are expected to
implement the recommendations of both the most recent
independent review and the previous Casani report and to
continue cooperation with JWST's standing review board. The
agreement does not adopt the reorganization of JWST into
Astrophysics, and the JWST Program Office shall continue the
reporting structure adopted after the Casani report and
reiterated by the recent Webb Independent Review Board.
Heliophysics.--The agreement includes $720,000,000 for
Heliophysics, including $15,000,000 for a Space Weather
Science Applications Project.
aeronautics
The agreement includes $725,000,000 for Aeronautics,
including no less than $35,000,000 for hypersonic research
activities as directed by the House. The agreement modifies
House language regarding air mobility and automation and
directs that this report be submitted within 90 days of
enactment of this agreement.
space technology
The agreement includes $926,900,000 for Space Technology.
The agreement reiterates House and Senate language regarding
the need to maintain an independent research and technology
portfolio to support both science and human exploration
programs. It is understood that NASA has further refined
internal oversight responsibility for programs within this
account and the Exploration account and directs NASA to
make adjustments as necessary in the fiscal year 2019
spending plan. The agreement includes $180,000,000 for
RESTORE-L; $20,000,000 for the Flight Opportunities
Program; $35,000,000 for additive manufacturing;
$48,100,000 for solar electric propulsion activities;
$5,000,000 for NASA's regional economic development
program; $5,000,000 for innovative use of nanomaterials;
$2,000,000 to address challenges associated with high-
speed crosslink and downlink communications for low Earth
orbit small satellite constellations; and not less than
$100,000,000 for the development of nuclear thermal
propulsion, of which not less than $70,000,000 shall be
for the design of a flight demonstration by 2024 for which
a multi-year plan is required by both the House and the
Senate within 180 days of enactment of this agreement.
exploration
The agreement includes $5,050,800,000 for Exploration. The
recommendation includes $2,150,000,000 for the Space Launch
System, including no less than $150,000,000 to ensure
continued work developing the Exploration Upper Stage (EUS).
The bill also provides $48,000,000 for launch capabilities
and infrastructure associated with constructing a second
mobile launch platform. There is strong
[[Page H1813]]
support for the development of the EUS in order to ensure
that NASA has sufficient heavy lift capabilities to support a
regular cadence of heavy lift science and human exploration
missions. NASA shall allocate sufficient funding to ensure
that both the EUS and the second mobile launch platform will
be ready for flight no later than 2024. The agreement
provides not less than $145,000,000 for the Human Research
Program; $176,200,000 for habitation, airlock for docking
vehicles and other logistics activities as requested; adopts
House and Senate direction regarding lunar lander-related
language and provides up to $116,500,000 for Advanced
Cislunar and Surface Capabilities; and $450,000,000 for the
Lunar Orbital Platform.
space operations
The agreement provides $4,639,100,000 for Space Operations,
and includes $40,000,000 for commercial low Earth orbit (LEO)
development, as recommended by the Senate, for LEO port
implementation analysis and other activities to enable future
commercial activities at the International Space Station. The
agreement maintains 21st Century Space Launch Complex
language as directed by the Senate. The agreement includes up
to $60,000,000 for test facilities as directed by the House.
In lieu of House or Senate direction regarding launch
vehicles for small payloads, the agreement encourages NASA to
work as appropriate to increase opportunities for improved
access to space.
science, technology, engineering, and mathematics engagement
The agreement includes $110,000,000 for Science,
Technology, Engineering, and Mathematics Engagement,
including $21,000,000 for the Established Program to
Stimulate Competitive Research; $44,000,000 for Space Grant;
$33,000,000 for the Minority University Research and
Education Project; and no less than $5,000,000 for the
Competitive Program for Science Museums, Planetariums, and
NASA Visitor Centers within the STEM Education and
Accountability Projects. The agreement reiterates House and
Senate direction regarding administrative costs.
safety, security and mission services
The agreement includes $2,755,000,000 for Safety, Security
and Mission Services. The agreement modifies House language
regarding submission of reports from NASA pursuant to
National Academy of Public Administration, GAO, and NASA IG
reviews of NASA security compliance protocols and foreign
national access management and directs that these reports be
provided annually. The agreement adopts House language in
this account and Senate language from the Science account
regarding cloud computing services and directs that this
report be submitted within 90 days of enactment of this
agreement.
construction and environmental compliance and restoration
The agreement includes $348,200,000 for Construction and
Environmental Compliance and Restoration. NASA is expected to
continue to work with communities to resolve water
contamination issues. The agreement adopts Senate report
language regarding access to Kennedy Space Center and
clarifies that in-kind contributions be directly related to
bridge repairs.
office of inspector general
The agreement includes $39,300,000 for the Office of
Inspector General.
administrative provisions
(including transfers of funds)
The agreement includes the following administrative
provisions for NASA: a provision that makes funds for
announced prizes available without fiscal year limitation
until the prize is claimed or the offer is withdrawn; a
provision that establishes terms and conditions for the
transfer of funds; a provision that subjects the NASA
spending plan and specified changes to that spending plan to
the reprogramming procedures under section 505 of this
agreement; a provision regarding remaining balances in the
``Education'' account; and a provision regarding the
obligation of certain lunar program funds.
National Science Foundation
The agreement includes $8,075,000,000 for the National
Science Foundation (NSF).
research and related activities
The agreement includes $6,520,000,000 for Research and
Related Activities (R&RA), including $175,689,000 for the
Established Program to Stimulate Competitive Research. The
agreement reiterates House and Senate language regarding
support for existing NSF research infrastructure and
clarifies that this language excludes funding allocated in
fiscal year 2018 for one-time upgrades or refurbishments. The
agreement includes no less than the fiscal year 2018 level
for the Innovation Corps program.
major research equipment and facilities construction
The agreement includes $295,740,000 for Major Research
Equipment and Facilities Construction (MREFC), including
$127,090,000 for continuing construction of three Regional
Class Research Vessels; $16,130,000 for the Daniel K. Inouye
Solar Telescope; $48,820,000 for the Large Synoptic Survey
Telescope; and $103,700,000 for the Antarctic Infrastructure
Modernization for Science (AIMS) project. It is noted that
the request and the House bill provided funds for AIMS under
the R&RA account. The agreement adopts the Senate approach to
fund this activity under the MREFC account. The agreement
also includes $1,000,000 for enhanced oversight of MREFC
projects.
EDUCATION AND HUMAN RESOURCES
The agreement includes $910,000,000 for Education and Human
Resources, including no less than $66,000,000 for the
Advanced Technological Education program; no less than
$35,000,000 for the Historically Black Colleges and
Universities Undergraduate Program; $46,000,000 for Louis
Stokes Alliance for Minority Participation; $15,000,000 for
the Tribal Colleges and Universities Program; and $64,500,000
for the Robert Noyce Teacher Scholarship Program.
Hispanic-Serving Institutions (HSIs).--The agreement
provides $40,000,000 for the HSI program and adopts Senate
language regarding capacity building at institutions of
higher education that typically do not receive high levels of
NSF funding.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $329,540,000 for Agency Operations
and Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,370,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $15,350,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision that describes terms and
conditions for the transfer of funds and a provision
requiring notification at least 30 days in advance of the
divestment of certain assets.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $10,065,000 for the Commission on
Civil Rights.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $379,500,000 for the Equal
Employment Opportunity Commission (EEOC). Up to $29,500,000
shall be for payments to State and local enforcement agencies
to ensure that the EEOC provides adequate resources to its
State and local partners.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $95,000,000 for the International
Trade Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $415,000,000 for the Legal Services
Corporation.
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $3,516,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $68,000,000 for the
Office of the U.S. Trade Representative (USTR).
SALARIES AND EXPENSES
The agreement includes $53,000,000 for the salaries and
expenses of USTR.
Section 301 Exclusion Process.--USTR has finalized tariffs
on goods from China under Section 301 of the Trade Act of
1974 in three separate rounds, and provided an exclusion
process that allows U.S. businesses to obtain relief from the
Section 301 tariffs for goods subject to tariffs in rounds 1
and 2. It is concerning that there is no exclusion process
for goods subject to tariffs in round 3 of the Section 301
proceedings, as was done in the first two rounds. USTR shall
establish an exclusion process for tariffs imposed on goods
subject to Section 301 tariffs in round 3. This process
should be initiated no later than 30 days after the enactment
of this Act, following the same procedures as those in rounds
1 and 2, allowing stakeholders to request that particular
products classified within a tariff subheading subject to new
round 3 tariffs be excluded from the Section 301 tariffs.
USTR shall consult with the Committees on Appropriations, the
House Committee on Ways and Means, and the Senate Committee
on Finance regarding the nature and timing of the exclusion
process. USTR shall also report to such committees no later
than 30 days after enactment of this Act on the status of the
exclusion process.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $5,971,000 for the State Justice
Institute. The additional funding above the enacted level
shall be for addressing the opioid epidemic as described in
the House and Senate reports.
TITLE V--GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
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Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts 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 existing
Executive order issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this Act
and the application of other provisions shall not be
affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employee; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs, projects
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent; or (8) results from any general savings, including
savings from a reduction in personnel, which would result in
a change in existing programs, projects or activities as
approved by Congress; unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this Act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this Act shall be used to purchase items manufactured,
produced, or assembled in the United States or its
territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of
foreign restrictions on the marketing of tobacco products,
except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type. This provision
is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of
the United States Government, except for transfers made by,
or pursuant to authorities provided in, this agreement or any
other appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds in this Act to
require certain export licenses.
Section 517 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds to include certain
language in trade agreements.
Section 519 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
Section 520 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal
year 2019.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(RESCISSIONS)
Section 523 provides for rescissions of unobligated
balances. Subsection (c) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations.
Section 524 provides for rescission from defunct NASA
accounts.
Section 525 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees,
who are stationed in the United States, at any single
conference outside the United States, unless the conference
is a law enforcement training or operational event where the
majority of Federal attendees are law enforcement personnel
stationed outside the United States.
Section 527 includes language regarding detainees held at
Guantanamo Bay.
Section 528 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 529 requires any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track and report on
undisbursed balances in expired grant accounts.
Section 530 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at
certain facilities unless the activities are authorized by
subsequent legislation or NASA, OSTP, or NSC have made a
certification pursuant to subsections (c) and (d) of this
section.
Section 531 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Section 532 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 533 requires the departments and agencies funded in
this Act to submit spending plans.
Section 534 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 535 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 536 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in
contravention of a certain section of the Agricultural Act of
2014.
Section 537 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 538 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation of travel
to China.
Section 539 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 540 limits formulation and development costs for
the James Webb Space Telescope.
Section 541 prohibits funds to prepare for the shutdown of
the Stratospheric Observatory for Infrared Astronomy.
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DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
The joint explanatory statement accompanying this division
is approved and indicates congressional intent. Unless
otherwise noted, the language set forth in House Report 115-
792 and Senate Report 115-281 carries the same weight as
language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this joint explanatory statement. While some
language is repeated for emphasis, it is not intended to
negate the language referred to above unless expressly
provided herein.
Reports.--Where the House or Senate has directed submission
of a report, that report is to be submitted to the Committees
on Appropriations of the House and Senate. Agencies funded by
this Act that currently provide separate copies of periodic
reports and correspondence to the chairs and ranking members
of the House and Senate Appropriations Committees and
Subcommittees on Financial Services and General Government
are directed to use a single cover letter jointly addressed
to the chairs and ranking members of the Committees and
Subcommittees of both the House and the Senate. To the
greatest extent feasible, agencies should include in the
cover letter a reference or hyperlink to facilitate
electronic access to the report and provide the documents by
electronic mail delivery. These measures will help reduce
costs, conserve paper, expedite agency processing, and ensure
that consistent information is conveyed concurrently to the
majority and minority committee offices of both chambers of
Congress.
TITLE I--DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The agreement provides $214,576,000 for departmental
offices salaries and expenses.
Puerto Rico.--Within 90 days of the date of enactment of
this Act, the Department is directed to provide a report to
the Committees on Appropriations of the House and Senate
describing how the Department has used its authority to
provide technical assistance to Puerto Rico in fiscal year
2018 and how it plans to use its authority for such purpose
in fiscal year 2019.
Pyrrhotite Study.--The Comptroller General of the United
States, in consultation with relevant regulators, is directed
to conduct a study that examines the financial impact of the
mineral pyrrhotite in concrete home foundations. The study
shall provide recommendations on the regulatory and
legislative actions needed to help mitigate the impact on
banks, mortgage lenders, homeowners, and tax revenue.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The agreement provides $159,000,000 for the Office of
Terrorism and Financial Intelligence (TFI).
Opioids.--Beginning in 2013, the number of deaths involving
synthetic opioids, dominated by fentanyl, rose precipitously.
According to the Drug Enforcement Administration, most
illicit fentanyl that reached the United States was produced
in China. The agreement includes funds for TFI to investigate
the illicit trade of synthetic opioids, particularly
fentanyl, originating from China.
CYBERSECURITY ENHANCEMENT ACCOUNT
The agreement provides $25,208,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $4,000,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The agreement provides $37,044,000 for salaries and
expenses of the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The agreement provides $170,250,000 for salaries and
expenses of the Treasury Inspector General for Tax
Administration.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The agreement provides $23,000,000 for salaries and
expenses of the Office of the Special Inspector General for
the Troubled Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The agreement includes $117,800,000 for salaries and
expenses for the Financial Crimes Enforcement Network
(FinCEN).
Geographic Targeting Orders.--Not later than 180 days after
the date of enactment of this Act, FinCEN and the appropriate
divisions of the Department of the Treasury are directed to
submit to the Committees on Appropriations of the House and
Senate a report on any Geographic Targeting Orders issued
since 2016, including (1) the type of data collected; (2) how
FinCEN uses the data; (3) whether FinCEN needs more authority
to combat money laundering through high-end real estate; and
(4) how a record of beneficial ownership would improve and
assist law enforcement efforts to investigate and prosecute
criminal activity and prevent the use of shell companies to
facilitate money laundering, tax evasion, terrorism
financing, election fraud, and other illegal activity.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The agreement provides $338,280,000 for salaries and
expenses of the Bureau of the Fiscal Service.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The agreement provides $119,600,000 for salaries and
expenses of the Alcohol and Tobacco Tax and Trade Bureau.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The agreement specifies that not more than $30,000,000 in
new liabilities and obligations may be incurred during fiscal
year 2019 for circulating coinage and protective service
capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The agreement provides $250,000,000 for the Community
Development Financial Institutions (CDFI) Fund program.
Within this amount, not less than $160,000,000 is for
financial and technical assistance grants, of which up to
$3,000,000 may be used to provide technical and financial
assistance to CDFIs that fund projects to help individuals
with disabilities; not less than $16,000,000 is for technical
assistance and other purposes for Native American, Native
Hawaiian, and Alaska Native communities; not less than
$25,000,000 is for the Bank Enterprise Award program; not
less than $22,000,000 is for the Healthy Food Financing
Initiative; and up to $27,000,000 is for administrative
expenses, of which $1,000,000 is for the development of
information technology tools to better measure and assess
CDFI investment performance, improve data quality, and enable
more efficient allocation of CDFI Fund resources. The
agreement limits the total loan principal for the Bond
Guarantee program to $500,000,000.
Capacity Building.--The agreement provides funds to offer
training to CDFIs and other organizations dedicated to
serving distressed and underserved communities to increase
their expertise and capacity to undertake community
development finance activities. The CDFI Fund is directed to
submit a report not later than the end of calendar year 2019
to the Committees on Appropriations of the House and Senate
to include expenditures on capacity building initiatives,
parameters of the CDFI Fund's capacity building initiatives,
metrics used to track the outcomes of trainings, and measures
to assess participating CDFIs and non-CDFIs increased impact
on serving distressed and underserved communities.
CDFI Program Integration for Individuals with
Disabilities.--In lieu of the direction included in the House
and Senate reports on individuals with disabilities, the CDFI
Fund is directed to summarize the progress made toward
developing a competitive application pool of CDFIs to compete
for funds for individuals with disabilities. Additionally,
the CDFI Fund is directed to submit a report every six months
until all the funds are obligated with the first report due
six months after enactment of this Act to the Committees on
Appropriations of the House and Senate. The report should
include the number of awards, amount of each award, types of
programs, impact the funding has made on the number of CDFIs
serving the disability community, and findings and
recommendations to improve upon the implementation of these
activities.
The agreement does not adopt Senate report language on
tribal activities. The CDFI Fund is expected to ensure
funding is not allocated to entities that support activities
in contradiction of the Controlled Substances Act (21 U.S.C.
801 et seq.) and report to the Committees on any CDFI award
recipient who uses Federal funds in contradiction of the
Controlled Substances Act.
Internal Revenue Service
TAXPAYER SERVICES
The agreement provides $2,491,554,000 for Internal Revenue
Service (IRS) Taxpayer Services. Within the overall amount,
not less than $9,890,000 is for the Tax Counseling for the
Elderly Program, not less than $12,000,000 is for low-income
taxpayer clinic grants, and not less than $207,000,000 is
provided for operating expenses of the IRS Taxpayer Advocate
Service, of which not less than $5,500,000 is for identity
theft casework.
Inaddition, within the overall amount provided, not less
than $18,000,000 is available until September 30, 2020, for
the Community Volunteer Income Tax Assistance matching grants
program.
ENFORCEMENT
The agreement provides $4,860,000,000 for Enforcement.
OPERATIONS SUPPORT
The agreement provides $3,724,000,000 for Operations
Support.
BUSINESS SYSTEMS MODERNIZATION
The agreement provides $150,000,000 for Business Systems
Modernization.
Administrative Provisions--Internal Revenue Service
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes the following provisions:
[[Page H1832]]
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special
consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS
policies issued as a result of Treasury Inspector General for
Tax Administration recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the
Internal Revenue Code of 1986 related to the confidentiality
and disclosure of returns and return information.
Section 111 prohibits funds for pre-populated returns.
Section 112 provides $77,000,000 to be used solely for
carrying out Public Law 115-97. The IRS is directed to
provide the Committees on Appropriations of the House and
Senate no later than 30 days after the enactment of this Act
a detailed spending plan by account and object class for the
funds provided. Additionally, the IRS is directed to submit
quarterly spending plans broken out by account, and include,
at minimum, quarterly obligations and total obligations to
date, actual and projected staffing levels, and updated
timetables.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 113 allows Treasury to use funds for certain
specified expenses.
Section 114 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 115 allows for the transfer of up to 2 percent from
the IRS accounts to the Treasury Inspector General for Tax
Administration.
Section 116 prohibits funding to redesign the $1 note.
Section 117 allows for the transfer of funds from the
Bureau of the Fiscal Service-Salaries and Expenses to the
Debt Collection Fund conditional on future reimbursement.
Section 118 prohibits funds to build a United States Mint
museum without the approval of the Committees on
Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 119 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the Committees
on Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 120 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2019 Intelligence Authorization
Act.
Section 121 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 122 requires the Secretary to submit a Capital
Investment Plan.
Section 123 requires a Franchise Fund report.
Section 124 prohibits the Department from finalizing any
regulation related to the standards used to determine the
tax-exempt status of a 501(c)(4) organization.
Section 125 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 126 provides for the reimbursement of certain
expenses in fiscal year 2019.
Section 127 allows the Bureau of Engraving and Printing to
utilize its revolving fund to construct a replacement
currency production facility.
Title II--Executive Office of the President and Funds Appropriated to
the President
The White House
SALARIES AND EXPENSES
The agreement provides $55,000,000 for the salaries and
expenses of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The agreement provides $13,081,000 for the Executive
Residence at the White House.
White House Repair and Restoration
The agreement provides $750,000 for repair, alteration and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The agreement provides $4,187,000 for salaries and expenses
of the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The agreement provides $12,000,000 for salaries and
expenses of the National Security Council and Homeland
Security Council.
Office of Administration
SALARIES AND EXPENSES
The agreement provides $100,000,000 for salaries and
expenses of the Office of Administration, of which not more
than $12,800,000 is for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The agreement provides $102,000,000 for the salaries and
expenses of the Office of Management and Budget (OMB). In
addition to the amount provided, $1,000,000 is provided to
increase the base funding for the Office of Information and
Regulatory Affairs (OIRA). The additional funds may not be
used to backfill vacancies and are to be in addition to the
fiscal year 2018 base level for OIRA.
Conferences.--OMB is directed to ensure agencies report on
conferences in a manner consistent with the terms of section
738 of this Act.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The agreement provides $18,400,000 for salaries and
expenses of the Office of National Drug Control Policy.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $280,000,000 for the High Intensity
Drug Trafficking Areas (HIDTA) Program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides $118,327,000 for other Federal drug
control programs. The agreement allocates funds among
specific programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program......................... $100,000,000
(Training)........................................ (2,000,000)
Drug court training and technical assistance.......... 2,000,000
Anti-Doping activities................................ 9,500,000
World Anti-Doping Agency (U.S. membership dues)....... 2,577,000
Discretionary Grants as authorized by P.L. 109-469, 1,250,000
section 1105.........................................
Activities authorized by Section 103 of P.L. 114-198, 3,000,000
section 103..........................................
------------------------------------------------------------------------
Unanticipated Needs
The agreement provides $1,000,000 for unanticipated needs
of the President. Within 180 days of enactment of this Act,
the Office of Administration is directed to report to the
House and Senate Committees on Appropriations on the use of
funds appropriated under this heading.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $28,500,000 for information
technology oversight and reform activities.
OMB is expected to utilize the funding provided to continue
oversight of Federal IT activities and investments, including
the management of the IT Dashboard, the OMB Policy Library,
and IT policy compliance tracking.
Special Assistance to the President
SALARIES AND EXPENSES
The agreement provides $4,288,000 for salaries and expenses
to enable the Vice President to provide special assistance to
the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $302,000 for operating expenses for
the official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB to include a
statement of budgetary impact with any Executive Order issued
or revoked during fiscal year 2019 and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
TITLE III--THE JUDICIARY
Supreme Court of the United States
Salaries and Expenses
The agreement provides $84,703,000 for salaries and
expenses of the Supreme Court. In addition, the agreement
provides mandatory costs as authorized by current law for the
salaries of the chief justice and associate justices of the
court.
Care of the Building and Grounds
The agreement provides $15,999,000 for the care of the
Supreme Court building and grounds.
United States Court of Appeals for the Federal Circuit
Salaries and Expenses
The agreement provides $32,016,000 for salaries and
expenses of the United States Court of Appeals for the
Federal Circuit. In addition, the agreement provides
mandatory
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costs as authorized by current law for the salaries of the
chief judge and judges of the court.
United States Court of International Trade
Salaries and Expenses
The agreement provides $18,882,000 for salaries and
expenses of the United States Court of International Trade.
In addition, the agreement provides mandatory costs as
authorized by 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
The agreement provides $5,144,383,000 for salaries and
expenses of the Courts of Appeals, District Courts, and Other
Judicial Services. In addition, the agreement provides
mandatory costs as authorized by 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. The agreement also provides $8,475,000 from
the Vaccine Injury Compensation Trust Fund.
Defender Services
The agreement provides $1,150,450,000 for Defender
Services. The agreement includes a $6 increase to the hourly
non-capital panel attorney rate above the COLA-adjusted
level.
Fees of Jurors and Commissioners
The agreement provides $49,750,000 for Fees of Jurors and
Commissioners.
Court Security
(Including Transfer of Funds)
The agreement provides $607,110,000 for Court Security.
Administrative Office of the United States Courts
Salaries and Expenses
The agreement provides $92,413,000 for salaries and
expenses of the Administrative Office of the United States
Courts.
Federal Judicial Center
Salaries and Expenses
The agreement provides $29,819,000 for salaries and
expenses of the Federal Judicial Center.
United States Sentencing Commission
Salaries and Expenses
The agreement provides $18,953,000 for salaries and
expenses of the United States Sentencing Commission.
Administrative Provisions--The Judiciary
(Including Transfer of Funds)
The agreement includes the following administrative
provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2019 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district
of California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of
North Carolina, the eastern district of Texas, and Hawaii.
TITLE IV--DISTRICT OF COLUMBIA
Federal Funds
Individual Mandate.--As a part of the Health Insurance
Requirement Act of 2018 (subtitle A of title V of the Fiscal
Year 2019 Budget Support Act of 2018; D.C. Law 22-753), the
District of Columbia moves forward with the requirement for
District of Columbia residents to purchase medical insurance.
The local Act sets forth penalties for not complying with the
individual mandate, including property seizure to satisfy
fines. The District of Columbia Chief Financial Officer is
directed to notify annually the House and Senate Committees
on Appropriations on the number of instances where the local
government seized property to satisfy a penalty as a result
of non-compliance with the individual mandate and the type of
property seized. The District must not include personally
identifiable information in the report.
Federal Payment for Resident Tuition Support
The agreement provides $40,000,000 for District of Columbia
resident tuition support.
Federal Payment for Emergency Planning and Security Costs in the
District of Columbia
The agreement provides $12,000,000 for emergency planning
and security costs in the District of Columbia to remain
available until expended.
Federal Payment to the District of Columbia Courts
The agreement provides $258,394,000 for the District of
Columbia courts, of which $14,594,000 is for the D.C. Court
of Appeals, $124,400,000 is for the Superior Court,
$74,400,000 is for the D.C. Court System, and $45,000,000 is
for capital improvements to courthouse facilities. The
agreement provides sufficient funds to complete the Moultrie
Courthouse addition.
Federal Payment for Defender Services in District of Columbia Courts
(Including Transfer of Funds)
The agreement provides $46,005,000 for defender services in
the District of Columbia.
Federal Payment to the Court Services and Offender Supervision Agency
for the District of Columbia
The agreement provides $256,724,000 for court services and
offender supervision in the District of Columbia.
Federal Payment to the District of Columbia Public Defender Service
The agreement provides $45,858,000 for public defender
services in the District of Columbia.
Federal Payment to the Criminal Justice Coordinating Council
The agreement provides $2,150,000 for the Criminal Justice
Coordinating Council.
Federal Payment for Judicial Commissions
The agreement provides $565,000 for Judicial Commissions.
Within the amount provided, $295,000 is for the Commission on
Judicial Disabilities and Tenure and $270,000 is for the
Judicial Nomination Commission.
Federal Payment for School Improvement
The agreement provides $52,500,000 for school improvement
in the District of Columbia to be distributed in accordance
with the provisions of the Scholarships for Opportunity and
Results Act (SOAR Act). The funds are to be allocated evenly
between District of Columbia public schools, charter schools,
and opportunity scholarships as authorized by law. Of the
funds allocated for the SOAR Act, $1,200,000 is for
administrative expenses and $500,000 is for evaluation costs.
Federal Payment for the District of Columbia National Guard
The agreement provides $435,000 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
The agreement provides $3,000,000 for the purpose of HIV/
AIDS testing and treatment.
District of Columbia Funds
The agreement provides authority for the District of
Columbia to spend its local funds in accordance with the
Fiscal Year 2019 Budget Request Act of 2018.
Federal Payment to the District of Columbia Water and Sewer Authority
The agreement provides $8,000,000 for the District of
Columbia Water and Sewer Authority.
TITLE V--INDEPENDENT AGENCIES
Administrative Conference of the United States
Salaries and Expenses
The agreement provides $3,100,000, to remain available
until September 30, 2020, for the Administrative Conference
of the United States.
Commodity Futures Trading Commission
The agreement provides $268,000,000 for the Commodity
Futures Trading Commission. Within the amount provided,
$50,000,000 is available until September 30, 2020, for the
purchase of information technology.
Consumer Product Safety Commission
Salaries and Expenses
The agreement includes $127,000,000 for the Consumer
Product Safety Commission. Within the amount provided,
$800,000 is available until expended, for the pool and spa
safety grants program established by the Virginia Graeme
Baker Pool and Spa Safety Act.
Administrative Provision--Consumer Product Safety Commission
Section 501 prohibits the use of Federal funds in fiscal
year 2019 for the adoption or implementation of the proposed
rule on Recreational Off-Highway Vehicles (ROVs) until a
study by the National Academy of Sciences is completed.
Election Assistance Commission
Salaries and Expenses
(Including Transfer of Funds)
The agreement provides $9,200,000 for salaries and expenses
of the Election Assistance Commission. This includes
$1,250,000 to be transferred to the National Institute of
Standards and Technology.
Federal Communications Commission
Salaries and Expenses
The agreement provides $339,000,000 for salaries and
expenses of the Federal Communications Commission (FCC). The
agreement provides that $339,000,000 be derived from
offsetting collections, resulting in no net appropriation.
Oversight Monitoring and Rating System.--In lieu of Senate
report language on oversight monitoring and rating system,
the FCC is directed to report to the Committees on
Appropriations of the House and Senate within 90 days of
enactment of this Act on the extent to which the rating
system matches the video content that is being shown and the
ability of the TV Parental Guidelines Oversight Monitoring
Board to address public concerns.
Transmissions of Local Television Programming.--In lieu of
House report language, the
[[Page H1834]]
conferees note that the bipartisan Satellite Television
Extension and Localism Reauthorization (STELAR) Act of 2014
was enacted to promote consumers' access to television
broadcast station signals that originate in their state of
residence, with an emphasis on localism and the cultural and
economic importance of local programming. Congress's intent
was to ensure Americans have access to local broadcast and
media content. The conferees note that many broadcast
stations do not neatly conform to Nielsen-measured designated
market area boundaries, preventing many satellite television
viewers from accessing local news, politics, sports, and
emergency programming. The conferees note that despite the
reforms made in STELAR, many communities continue to struggle
with market modification petitions. The FCC should provide a
full analysis to ensure decisions on market modification are
comprehensively reviewed and STELAR's intent to promote
localism is retained. The FCC is directed to adhere to
statutory requirements and congressional intent when taking
administrative action under STELAR.
Administrative Provision--Federal Communications Commission
Section 510 prohibits the FCC from changing rules governing
the Universal Service Fund regarding single connection or
primary line restrictions.
Federal Deposit Insurance Corporation
Office of the Inspector General
The agreement provides a transfer of $42,982,000 to fund
the Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
Salaries and Expenses
The agreement provides $71,250,000 for salaries and
expenses of the Federal Election Commission.
Online Campaign Advertisements.--In lieu of the House
report language, the Commission is directed to brief the
House and Senate Committees on Appropriations on its
rulemaking proposals related to disclaimers on public
communications on the internet within 90 days of enactment of
this Act.
Federal Labor Relations Authority
Salaries and Expenses
The agreement provides $26,200,000 for the Federal Labor
Relations Authority.
Federal Trade Commission
Salaries and Expenses
The agreement provides $309,700,000 for salaries and
expenses of the Federal Trade Commission (FTC). This
appropriation is partially offset by premerger filing and
Telemarketing Sales Rule fees estimated at $136,000,000 and
$17,000,000, respectively.
Contact Lenses.--In lieu of the Senate report language on
the FTC's draft contact lens rule, the FTC is directed to
keep the Committees informed on its progress in reviewing
public comments and providing a recommendation on the rule by
the beginning of 2019.
General Services Administration
Real Property Activities
Federal Buildings Fund
Limitations on Availability of Revenue
(Including Transfers of Funds)
The agreement provides resources from the General Services
Administration
(GSA) Federal Buildings Fund totaling $9,285,082,000.
Rental Rates.--GSA is directed to provide the Committees on
Appropriations of the House and Senate a report describing
GSA's methodology for calculating rental rates for
Congressional offices located in Federal Courthouses within
90 days of the date of enactment of this Act.
Energy Efficiency.--The Administrator is directed to
report, no later than 60 days after enactment of this Act, on
the number and value of Energy Savings Performance Contracts
entered into by GSA annually for 2014-2018 and their
projections for 2019 and 2020.
FBI Headquarters.--Due to concerns about the FBI
Headquarters Revised Nationally-Focused Consolidation Plan
which was submitted to Congress by GSA on February 12, 2018,
the Consolidated Appropriations Act, 2018 (Public Law 115-
141) included no funding for this project. No funds were
requested for the project for fiscal year 2019 and no funds
are provided in this agreement.
There is reluctance to appropriate any additional funds for
this project due to the unanswered questions regarding the
new plan, including the revision of longstanding mission and
security requirements. GSA is encouraged to work with the FBI
to submit a prospectus for a new, fully-consolidated
headquarters building, including at one of the three
previously vetted sites, that complies with prior
Congressional directives and actions and meets Interagency
Security Committee Level V security standards.
Construction and Acquisition.--The agreement provides
$958,900,000 for construction and acquisition.
Construction and Acquisition
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
DC................................ Washington, $767,900,000
Department of
Transportation
Lease, Exercise of
Purchase Option.
CA................................ Calexico, United $191,000,000
States Land Port of
Entry.
------------------------------------------------------------------------
Repairs and Alterations.--The agreement provides
$663,219,000 for repairs and alterations. Funds are provided
in the amounts indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations.................. $276,837,000
Basic Repairs and Alterations.................. $356,382,000
Fire and Life Safety Program................... $30,000,000
------------------------------------------------------------------------
For Major Repairs and Alterations, GSA is directed to
submit a spending plan, by project, as specified in Section
526 of this Act to the Committees on Appropriations of the
House and Senate (Committees) and to provide notification to
the Committees no less than 15 days prior to any changes in
the use of these funds.
Rental of Space.--The agreement provides $5,418,845,000 for
rental of space.
Building Operations.--The agreement provides $2,244,118,000
for building operations.
General Activities
Government-Wide Policy
The agreement provides $60,000,000 for GSA government-wide
policy activities.
Operating Expenses
The agreement provides $49,440,000 for operating expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
The agreement provides $9,301,000 for the Civilian Board
of Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The agreement provides $65,000,000 for the Office of
Inspector General. The conferees note that no-year funds
remain available for fiscal year 2019 needs, including
funding to strengthen capabilities in data analysis and IT
audits.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The agreement provides $4,796,000 for allowances and
office staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $55,000,000 for deposit into the
Federal Citizen Services Fund (the Fund) and authorizes use
of appropriations, revenues and collections in the Fund in an
aggregate amount not to exceed $100,000,000.
TECHNOLOGY MODERNIZATION FUND
The agreement provides $25,000,000 for the Technology
Modernization Fund.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The agreement provides $25,000,000 for the Asset Proceeds
and Space Management Fund.
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The agreement provides $6,070,000 for the Environmental
Review Improvement Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations of the House and Senate.
Section 522 requires transmittal of a fiscal year 2020
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial
Conference's 5-year construction plan, and includes a
standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-
related claims against the Federal Government from savings
achieved in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 requires a spending plan for certain accounts
and programs.
Section 527 requires the Administrator to submit a report
on the implementation of Section 846 of the National Defense
Authorization Act for fiscal year 2018.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The agreement provides $1,000,000 for payment to the Harry
S Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $46,835,000, to remain available
until September 30, 2020, for the salaries and expenses of
the Merit Systems Protection Board. Within the amount
provided, $44,490,000 is a direct appropriation and
$2,345,000 is a transfer from the Civil Service Retirement
and Disability Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $1,875,000 for payment to the
Morris K. Udall and Stewart L. Udall Trust Fund, of which
$200,000 is transferred to the Office of Inspector General of
the Department of the Interior to conduct audits and
investigations.
[[Page H1835]]
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The agreement provides $3,200,000 for payment to the
Environmental Dispute Resolution Fund.
National Archives and Records Administration
OPERATING EXPENSES
The agreement provides $373,000,000 for the operating
expenses of the National Archives and Records Administration.
OFFICE OF INSPECTOR GENERAL
The agreement provides $4,823,000 for the Office of
Inspector General of the National Archives and Records
Administration.
REPAIRS AND RESTORATION
The agreement provides $7,500,000 for repairs and
restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The agreement provides $6,000,000 for the National
Historical Publications and Records Commission grants
program.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The agreement provides $2,000,000 for the Community
Development Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The agreement provides $17,019,000 for salaries and
expenses of the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The agreement provides $265,655,000 for salaries and
expenses of the Office of Personnel Management (OPM). Within
the amount provided, $132,172,000 is a direct appropriation
and $133,483,000 is a transfer from OPM trust funds.
The agreement provides $14,000,000 for OPM to improve
information technology (IT) security and infrastructure.
Relocation of Human Resources Solutions (HRS).--OPM is
directed to submit a report to the Committees on
Appropriations of the House and Senate (Committees) no later
than 30 days after enactment of this Act that includes the
budgetary implications of moving HRS to GSA and the legal
authority under which it proposes to transfer the HRS
function within the OPM Revolving Fund established by 5
U.S.C. 1304(e)(1) to GSA. Further, OPM is directed to provide
quarterly updates to the Committees on the status of the HRS
program relocation and any other OPM program and office
relocations.
Office of Inspector General
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The agreement provides $30,265,000 for salaries and
expenses of the Office of Inspector General. Within the
amount provided, $5,000,000 is a direct appropriation and
$25,265,000 is a transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The agreement includes $26,535,000 for salaries and
expenses of the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $15,200,000 for the salaries and
expenses of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The agreement provides $5,000,000 for salaries and
expenses of the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
salaries and expenses
The conferees support the Public Buildings Reform Board's
efforts to reduce Federal real property costs by
consolidating and selling underutilized and vacant Federal
buildings and other civilian real property. The fiscal year
2018 budget request for the Board was $2,000,000, while the
Consolidated Appropriations Act of 2018 provided $5,000,000.
As a result, the Board has sufficient resources to meet
expected obligations in fiscal year 2019. The President has
announced his intent to appoint individuals to the Board, and
the Committees on Appropriations of the House and Senate will
continue to monitor steps being taken to stand up the Board
to ensure sufficient resources are available to meet program
needs.
Securities and Exchange Commission
salaries and expenses
The agreement provides $1,674,902,000 for the Securities
and Exchange Commission (SEC). Of that amount, the agreement
allocates $75,081,000 for the Division of Economic and Risk
Analysis, and no less than $15,206,000 for the SEC Office of
Inspector General. In addition, another $37,189,000 is
provided for costs associated with relocating the New York
regional office. All funds are derived from $1,712,091,000 in
offsetting collections, resulting in no net appropriation.
Selective Service System
salaries and expenses
The agreement provides $26,000,000 for the salaries and
expenses of the Selective Service System.
Small Business Administration
salaries and expenses
The agreement provides $267,500,000 for salaries and
expenses of the Small Business Administration (SBA).
North American Industry Classification System (NAICS).--In
lieu of the direction included in the House and Senate
reports on the NAICS, SBA is directed to report to the
Committees on Appropriations of the House and Senate on the
impact and feasibility of using the preceding five years of
receipts to determine the average for purposes of size
determination, instead of the current three years.
Federal and State Technology Partnership Program.--The
agreement provides $3,000,000 for the Federal and State
Technology (FAST) Partnership Program in fiscal year 2019.
The conferees support the FAST program's efforts to reach
innovative, technology-driven small businesses and to
leverage the Small Business Innovation Research and Small
Business Technology Transfer program to stimulate economic
development. Of the amount provided, $1,000,000 shall be for
FAST awards to Small Business and Technology Development
Centers fully accredited for technology designation as of
December 31, 2018.
Office of Small and Disadvantaged Business Utilization's
Compliance Efforts.--SBA is directed to work with Federal
agencies to review each Office of Small and Disadvantaged
Business Utilization's efforts to comply with the
requirements under section 15(k) of the Small Business Act
(15 U.S.C. 644(k)). SBA is directed, not later than 180 days
after the date of enactment of this Act, to submit to the
Committees on Appropriations of the House and Senate, the
Committee on Small Business and Entrepreneurship of the
Senate, and the Committee on Small Business of the House, a
report on Federal agency compliance with the requirements
under such section 15(k) and a report detailing the status of
issuance by the SBA of detailed guidance for the peer review
process of the Small Business Procurement Advisory Council in
order to facilitate a more in depth review of Federal agency
compliance with the requirements under such section 15(k).
entrepreneurial development programs
The agreement provides $247,700,000 for SBA Entrepreneurial
Development Programs. The SBA shall not reduce these amounts
and shall not merge any of the entrepreneurial development
programs without the advance written approval from the
Committees on Appropriations of the House and Senate.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting Assistance) 2,800
Entrepreneurship Education................................. 3,500
Growth Accelerators........................................ 2,000
HUBZone Program............................................ 3,000
Microloan Technical Assistance............................. 31,000
National Women's Business Council.......................... 1,500
Native American Outreach................................... 2,000
PRIME Technical Assistance................................. 5,000
Regional Innovation Clusters............................... 5,000
SCORE...................................................... 11,700
Small Business Development Centers (SBDC).................. 131,000
State Trade Expansion Program (STEP)....................... 18,000
Veterans Outreach.......................................... 12,700
Women's Business Centers (WBC)............................. 18,500
------------
Total, Entrepreneurial Development Programs............ 247,700
------------------------------------------------------------------------
Veteran Entrepreneurs.--SBA is directed, not later than 180
days after the date of enactment of this Act, to conduct a
study on whether the provision of matchmaking services that,
using data collected through outside entities such as local
chambers of commerce, link veteran entrepreneurs to business
leads in given industry sectors or geographic regions would
enhance the existing veterans entrepreneurship programs of
the Administration.
office of inspector general
The agreement provides $21,900,000 for the Office of
Inspector General of the Small Business Administration.
office of advocacy
The agreement provides $9,120,000 for the Office of
Advocacy.
business loans program account
(including transfer of funds)
The agreement provides $159,150,000 for the Business Loans
Program Account. Of the amount provided, $4,000,000 is for
the cost of direct loans in the microloan program, and
$155,150,000 is for administrative expenses to carry out the
direct and guaranteed loan programs, which may be transferred
to and merged with Salaries and Expenses. The agreement
provides a $30,000,000,000 cap for SBA 7(a) loans and
$7,500,000,000 for 504 refinance authority.
disaster loans program account
(including transfers of funds)
The agreement provides $10,000,000 for the administrative
costs of the Disaster Loans Program Account.
administrative provisions--small business administration
(including rescission and transfer of funds)
Section 530 provides transfer authority and availability of
funds.
Section 531 rescinds $50,000,000 in prior year unobligated
balances from the Business Loans Program Account.
Section 532 repeals section 12085 of Public Law 110-246,
Expedited Disaster Loan Program.
[[Page H1836]]
Section 533 establishes an SBA Information Technology
System Modernization and Working Capital Fund (IT WCF) that
would allow not more than 3 percent of SBA funding under the
Salaries and Expenses and the Business Loans Program Accounts
to be transferred to the IT WCF.
United States Postal Service
payment to the postal service fund
The agreement provides $55,235,000 for a payment to the
Postal Service Fund.
office of inspector general
salaries and expenses
(including transfer of funds)
The agreement provides $250,000,000 for the Office of
Inspector General.
United States Tax Court
salaries and expenses
The agreement provides $51,515,000 for salaries and
expenses of the United States Tax Court.
TITLE VI--GENERAL PROVISIONS--THIS ACT
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts where such expenditures are a
matter of public record and available for public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background
reports from the Federal Bureau of Investigation without the
written consent of the individual who is the subject of the
report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost of living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 is a provision on the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity
(or their representative) that engages in activities
regulated by such agencies or commissions.
Section 617 permits the Securities and Exchange Commission
and the Commodity Futures Trading Commission to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 618 requires agencies covered by this Act with
independent leasing authority to consult with the General
Services Administration before seeking new office space or
making alterations to existing office space.
Section 619 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund,
Judicial Survivors' Annuities Fund, and the United States
Court of Federal Claims Judges' Retirement Fund), the
Government Payment for Annuitants for Employee Health
Benefits and Employee Life Insurance, and the Payment to the
Civil Service Retirement and Disability Fund. In addition,
language is included for certain retirement, healthcare and
survivor benefits required by 3 U.S.C. 102 note.
Section 620 allows the Public Company Accounting Oversight
Board to obligate funds collected in fiscal year 2019 from
monetary penalties for the purpose of funding scholarships
for accounting students, as authorized by the Sarbanes-Oxley
Act of 2002 (Public Law 107-204).
Section 621 prohibits funds for the Federal Trade
Commission to complete the draft report on food marketed to
children unless certain requirements are met.
Section 622 addresses conflicts of interest by preventing
contractor security clearance-related background
investigators from undertaking final Federal reviews of their
own work.
Section 623 provides authority for Chief Information
Officers over information technology spending.
Section 624 prohibits funds from being used in
contravention of the Federal Records Act.
Section 625 relates to electronic communications.
Section 626 relates to Universal Service Fund payments for
wireless providers.
Section 627 relates to inspectors general.
Section 628 relates to pornography and computer networks.
Section 629 prohibits funds for the Securities and Exchange
Commission (SEC) to finalize, issue, or implement any rule,
regulation, or order requiring the disclosure of political
contributions, contributions to tax-exempt organizations, or
dues paid to trade associations in SEC filings.
Section 630 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 631 relates to conference expenditures.
Section 632 relates to Federal travel.
Section 633 provides $2,000,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that all of its workplaces are free from
the illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay the General Services Administration for space renovation
and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the
District of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives, which benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to
labor organizations, absent employee authorization or court
order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees on Appropriations.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the General
Services Administration to finance an appropriate share of
various Government-wide boards and councils under certain
conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council and requires an Office of
Management and Budget report on the budget and resources of
the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and
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the amount provided for all proposals, solicitations, grant
applications, forms, notifications, press releases, or other
publications related to the distribution of funding to a
State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal Internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of the Olympic, Pan American, and
Paralympic athletes, and supports the strict adherence to
anti-doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees to the legislative branch and
placing certain limitations on the Coast Guard Congressional
Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are
broadcast or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code or
section 522.224 of title 48 of the Code of Federal
Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national
security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the Office
of Personnel Management's (OPM) average unit cost of
processing a retirement claim for the preceding fiscal year
to be available to the OPM for the cost of processing
retirements of employees who separate under Voluntary Early
Retirement Authority or who receive Voluntary Separation
Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of
the legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change
is made pursuant to reprogramming or transfer provisions.
Section 740 prohibits the Office of Personnel Management or
any other agency from using funds to implement regulations
changing the competitive areas under reductions-in-force for
Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function
performed by civilian Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure
policies unless certain provisions are included in the
policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has
considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an 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.
Section 746 relates to the Consumer Financial Protection
Bureau (CFPB). Given the need for transparency and
accountability in the Federal budgeting process, the CFPB is
directed to provide an informal, nonpublic full briefing at
least annually before the relevant Appropriations
subcommittee on the CFPB's finances and expenditures.
Section 747 addresses possible technical scorekeeping
differences for fiscal year 2019 between the Office of
Management and Budget and the Congressional Budget Office.
Section 748 provides adjustments in rates of basic pay for
Federal employees, to be paid for by appropriations.
Section 749 limits pay increases for the Vice President and
certain senior political appointees to 1.9 percent.
Section 750 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use or distribution of any
schedule I substance under the Controlled Substances Act or
any tetrahydrocannabinols derivative. In addition, section
809 prohibits Federal and local funds to enact any law, rule,
or regulation to legalize or reduce penalties associated with
the possession, use or distribution of any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, which
aligns schools budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency and the
District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2020 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2019.
Section 817 reduces the income threshold for the District
of Columbia Tuition Assistance Grant Program to $500,000 for
individuals who begin a course of study in or after school
year 2019-2020. The income threshold is adjusted for
inflation thereafter.
Section 818 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2019.''
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DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
The following statement is an explanation of the effects of
Division E, which provides appropriations for the Department
of the Interior, the Environmental Protection Agency (EPA),
the Forest Service, the Indian Health Service, and related
agencies for fiscal year 2019.
The joint explanatory statement accompanying this Act is
approved and indicates congressional intent. Report language
contained in House Report 115-765 and Senate Report 115-276
providing specific guidance to agencies regarding the
administration of appropriated funds and any corresponding
reporting requirements carries the same emphasis as the
language included in this explanatory statement and should be
complied with unless specifically addressed to the contrary
herein. This explanatory statement, while repeating some
language for emphasis, is not intended to negate the language
referred to above unless expressly provided herein.
In cases where the House report, Senate report, or this
explanatory statement direct the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Interior, Environment, and Related
Agencies and the Senate Subcommittee on Interior,
Environment, and Related Agencies.
The Conferees direct each department and agency funded in
this Act to follow the directions set forth in this Act and
the accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this
explanatory statement. This explanatory statement addresses
only those agencies and accounts for which there is a need
for greater explanation than provided in the Act itself.
Funding levels for appropriations by account, program, and
activity, with comparisons to the fiscal year 2018 enacted
level and the fiscal year 2019 budget request, can be found
in the table at the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Arts and Humanities Advocacy.--The Conferees acknowledge
and appreciate the decades of arts and humanities advocacy by
the late Rep. Louise M. Slaughter. In her memory, the
Conferees encourage the National Endowment for the Arts and
the National Endowment for the Humanities to expand grant-
making activities in a manner that honors her advocacy,
especially in rural and under-served areas, so more Americans
are able to benefit from the economic, social, and
educational effects of the arts and humanities.
Delivery of Reports and Correspondence.--All reports,
correspondence, and reprogramming requests from the agencies
to the Committees shall be provided in both physical and
electronic formats.
Directives.--The Department of the Interior and Forest
Service are directed to continue the directions included in
the explanatory statement accompanying the Consolidated
Appropriations Act, 2017 (P.L. 115-31) relating to Vacant
Grazing Allotments; State Wildlife Data; Bighorn Sheep; Land
Grants, Acequias, and Community Ditches; and Public Access.
Harassment-Free Workplace.--The Conferees reiterate their
expectation that all Federal employees, especially those in
leadership positions, at the agencies funded by this Act will
create and maintain harassment-free workplaces and remind the
agencies of the directives in House Report 115-765 and Senate
Report 115-276.
Making Litigation Costs Transparent.--The Department of the
Interior, EPA, and the Forest Service are directed to provide
to the House and Senate Committees on Appropriations, and to
make publicly available no later than 60 days after enactment
of this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in the explanatory statement
accompanying Division G of the Consolidated Appropriations
Act, 2017 (Public Law 115-31).
Multi-Agency Transparency.--The Conferees support
increasing transparency within all agencies of the Department
of the Interior, the Forest Service, and EPA. These agencies
are encouraged to disclose costs associated with analyses
required by the National Environmental Policy Act.
Paper Reduction Efforts.--The Conferees urge the Department
of the Interior, EPA, Forest Service, and Indian Health
Service to work with the Office of Management and Budget to
reduce printing and reproduction costs and direct each agency
to report to the Committees within 90 days of enactment of
this Act on steps being undertaken to achieve this goal and
how much each agency expects to save by implementing these
measures.
Recreation Fee Authority.--A one-year extension of
recreation fee authority for the Department of the Interior
and the Forest Service is included in Section 427.
Twenty-first Century Conservation Service Corps.--
Consistent with the direction in House Report 115-765 and
Senate Report 115-276, the Conferees expect the Department of
the Interior and the Forest Service to continue conservation
partnerships with the 21st Century Conservation Service Corps
and Public Lands Corps.
Water Rights.--The Conferees remind the Department of the
Interior and the Forest Service of the States' jurisdiction
over water law and expect that all applicable laws will be
followed when considering a request for a permit or permit
renewal.
White Nose Syndrome.--The Conferees remind the agencies
funded by this Act of the directive included in Senate Report
115-276.
Land and Water Conservation Fund.--The agreement includes
$435,000,000 derived from the Land and Water Conservation
Fund (LWCF) for programs consistent with chapter 2003 of
title 54 of the United States Code, as identified in the
table below.
----------------------------------------------------------------------------------------------------------------
FY 2018 Enacted Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Land and Water Conservation Fund....................... $425,000,000 -$12,867,000 $435,000,000
State, Local and Forest Legacy Programs............ 224,731,000 0 247,293,000
National Park Service State Assistance......... 124,006,000 0 124,006,000
Coop. Endangered Species Conservation Fund..... 19,638,000 0 30,800,000
American Battlefield Protection Act............ 10,000,000 0 10,000,000
Highlands Conservation Act..................... 10,000,000 0 20,000,000
Forest Legacy Program.............................. 67,025,000 0 63,990,000
Rescission..................................... -5,938,000 -4,000,000 -1,503,000
Federal Land Acquisition........................... 200,269,000 -8,867,000 187,707,000
Bureau of Land Management...................... 24,916,000 3,392,000 28,316,000
Fish and Wildlife Service...................... 53,839,000 11,953,000 45,189,000
National Park Service.......................... 46,935,000 8,788,000 34,438,000
Forest Service................................. 64,337,000 0 72,564,000
Department of the Interior Valuation Services.. 10,242,000 9,000,000 9,000,000
Rescissions.................................... 0 -42,000,000 -1,800,000
----------------------------------------------------------------------------------------------------------------
The Conferees expect the agencies to move forward with all
projects specifically identified and funded through this
agreement; to utilize funding in a timely manner; and to seek
congressional approval for reprogramming unobligated balances
if applicable. The Conferees expect the agencies to provide
timely information on project status and available balances.
Agencies are directed to continue their longstanding process
of identifying and prioritizing potential Federal land
acquisition projects in anticipation of program
appropriations as consistent with previous years. Within 30
days of the submission of the fiscal year 2020 budget or by
March 1, 2019, whichever comes first, each agency is directed
to submit to the Committees a prioritized list of projects
for fiscal year 2020 consideration.
The Conferees believe increasing access to our public lands
for hunting, fishing, and other recreational activities is
important and again include funding for these projects. The
agencies are expected to work with their respective regions,
State offices, and/or management units to identify potential
recreation access projects and to inform the Committees on
project selections prior to proceeding.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The Conferees remind the agencies funded
in this Act that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area, to
another within any appropriation funded in this Act. In cases
where either the House or Senate Committee report displays an
allocation of an appropriation below that level, that more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
[[Page H1856]]
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
The Conferees are aware that agencies funded by this Act
are currently working to implement Executive Order 13781, a
Comprehensive Plan for Reorganizing the Executive Branch, and
have included in the fiscal year 2019 budget request a number
of significant reorganization proposals for the Committees'
consideration. The Conferees are also aware of reports that
agencies funded by this Act may be weighing additional
organizational changes during the remainder of this fiscal
year. Agencies are reminded that this agreement continues
longstanding General Guidelines for Reprogramming that
require agencies funded by this Act to submit reorganization
proposals for Committee review prior to their implementation.
It is noted that such reprogramming guidelines apply to
proposed reorganizations, workforce restructure, reshaping or
transfer of functions presented in the budget justifications,
or bureau-wide downsizing, especially those of significant
national or regional importance, and include closures,
consolidations, and relocations of offices, facilities, and
laboratories presented in the budget justifications. In
addition, no agency shall implement any part of a
reorganization that modifies regional or State boundaries for
agencies or bureaus that were in effect as of the date of
enactment of this Act unless approved consistent with the
General Guidelines for Reprogramming procedures specified
herein. Any such reprogramming request submitted to the
Committees on Appropriations shall include a description of
anticipated benefits, including anticipated efficiencies and
cost-savings, as well as a description of anticipated
personnel impacts and funding changes anticipated to
implement the proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, the Conferees do not require
reprogramming requests associated with the States and Tribes
Partnership Grants, or up to a cumulative total of
$30,000,000 from carryover balances among the individual
program areas delineated in the Environmental Programs and
Management account. No funds, however, shall be reallocated
from individual Geographic Programs.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) The Conferees direct that each agency or bureau which
utilizes assessments shall submit an annual report to the
Committees which provides details on the use of all funds
assessed from any other budget activity, line item,
subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this agreement, including
those below the monetary thresholds established above, shall
be reported to the Committees within 60 days of the end of
each quarter and shall include cumulative totals for each
budget activity, budget line item, or construction, land
acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Management Of Lands And Resources
Bureau of Land Management Directives.--The Bureau is
reminded of the importance of the directives included in
House Report 115-765 and Senate Report 115-276 not addressed
herein, as well as the new directives in this explanatory
statement, including the front matter. The Conferees support
the innovative use of technology to improve the timeliness
and accuracy of permitting decisions and direct the Bureau to
provide a report within 90 days of enactment as directed by
House Report 115-765. The Conferees reiterate the direction
related to Chaco Canyon included in Senate Report 115-276.
Management of Lands and Resources (MLR).--The agreement
provides $1,198,000,000 for MLR. Within this amount, the
Colorado Basin Salinity Control Program is funded at
$2,000,000. Unless noted herein, the Conferees do not accept
the proposed funding decreases; specific funding allocation
information is located at the end of this explanatory
statement.
MLR Budget Restructuring.--The Conferees accept the
Bureau's request to restructure several budget line items to
increase efficiency in the delivery of programs. In fiscal
year 2019, Soil, Water and Air Management moves into
Rangeland Management. Riparian Management moves into Wildlife
and Aquatic Habitat Management. Within the new Wildlife and
Aquatic Management budget line item, the Conferees maintain
specific funding for Threatened and Endangered Species to
ensure transparency of funding for these activities and
expect these changes will improve the Bureau's ability to
report expenditures and performance as required by the
Endangered Species Act (ESA). The Conferees also accept the
proposal to consolidate Hazardous Materials and Abandoned
Mine Lands.
Budget Restructuring Report Requirement.--The Conferees
expect restructuring will improve program delivery and
provide better on-the-ground results for Bureau-managed lands
and direct the Bureau to provide a report with evidence of
this improvement within 180 days of enactment of this Act.
Wild Horse and Burro Management.--The agreement provides
$80,555,000 for wild horse and burro management. The
Conferees fully recognize the financial and political
challenges of controlling wild horse and burro populations
and note that significant management changes need to be made
within the near future in order to control costs, improve
range conditions, and humanely manage wild horse and burro
populations. As such, the Conferees reiterate their
appreciation for the Bureau's April 26, 2018, report titled
``Management Options for a Sustainable Wild Horse and Burro
Program'' but believe additional analysis is needed as
directed by House Report 115-765. This analysis should be
provided to Congress no later than 180 days after enactment
of this Act. The Bureau is expected to continue evaluating
its internal policies, procedures, and regulations to reduce
costs and administrative burdens, as well as researching and
developing appropriate, humane protocols for fertility
control methods, including sterilization, and improve its
contracting for off-range holdings. It is incumbent upon the
Bureau to request the funding necessary to address this
growing problem; better management of this program now will
result in fewer dollars necessary in the future to restore
the lands that
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wild horses, burros, and other wildlife depend upon.
Therefore, the Conferees expect that the Bureau will include
in its fiscal year 2020 budget request a proposal that
outlines its proposed strategy and the funding necessary for
implementation, including anticipated out-year estimates. The
Conferees continue the current prohibitions on destruction
and sale authority contained in the bill.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $28,316,000 for Land Acquisition and
includes a rescission of $1,800,000 from previously
appropriated Emergencies, Hardships, and Inholdings funding.
The amounts provided by this bill for projects are shown in
the table below, listed in priority order pursuant to the
project list received for fiscal year 2019. The Conferees
understand that projects on that list, such as the Upper
Snake/South Fork River Special Recreation Management Area,
meet the criteria for recreational access funding and should
receive full consideration from the amounts included for
recreational access. Further instructions are contained under
the Land and Water Conservation Fund heading in the front of
this explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
ID........................................... Little Salmon River Recreation $800,000
Area.
MT........................................... Everson Bench.................. 400,000
CO........................................... Gold Belt Access............... 2,400,000
CA........................................... Headwaters National Forest 1,500,000
Reserve.
WY........................................... Fortification Creek Wilderness 100,000
Study Area.
AL........................................... Rebel Road..................... 400,000
UT........................................... Red Cliffs National 4,000,000
Conservation Area.
ID........................................... Ridge to Rivers................ 300,000
NM........................................... Sabinoso Area of Critical 600,000
Environmental Concern.
CA........................................... Sand to Snow National Monument. 1,000,000
NM........................................... Fort Stanton-Snowy River Cave 1,900,000
National Conservation Area.
CA........................................... Elkhorn Ridge.................. 400,000
WY........................................... Sheep Mountain ACEC............ 1,500,000
CO........................................... Dolores River.................. 400,000
----------------
Subtotal, Line Item 15,700,000
Projects.
Budget Request This Bill
Acquisition Management......... 1,996,000 2,000,000
Recreational Access............ 0 9,000,000
Emergencies, Hardships, and 1,396,000 1,616,000
Inholdings.
Rescission of Funds............ -10,000,000 -1,800,000
---------------------------------
Total, BLM Land Acquisition -6,608,000 26,516,000
----------------------------------------------------------------------------------------------------------------
OREGON AND CALIFORNIA GRANT LANDS
The agreement provides $106,985,000 for Oregon and
California Grant Lands to be distributed as displayed in the
funding allocation table at the end of this explanatory
statement.
RANGE IMPROVEMENTS
The agreement provides $10,000,000 to be derived from
public lands receipts and Bankhead-Jones Farm Tenant Act
lands grazing receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The agreement provides an indefinite appropriation
estimated to be $25,850,000 for Service Charges, Deposits,
and Forfeitures.
MISCELLANEOUS TRUST FUNDS
The agreement provides an indefinite appropriation
estimated to be $24,000,000 for Miscellaneous Trust Funds.
UNITED STATES FISH AND WILDLIFE SERVICE RESOURCE MANAGEMENT
The bill provides $1,292,078,000 for Resource Management.
All programs, projects, and activities are maintained at
fiscal year 2018 enacted levels unless otherwise specified
below or in the table at the end of this explanatory
statement. For this and all other Service accounts funded in
this bill, the Service is expected to comply with the
instructions and requirements at the beginning of this
division and in House Report 115-765 and Senate Report 115-
276, unless otherwise specified below. Additional details,
instructions, and requirements follow below and in the table
at the end of this division.
Planning and Consultation.--The agreement includes
$3,000,000 to avoid permitting delays and to achieve
compliance with other statutes, which should be apportioned
in accordance with workload needs nationwide rather than by
region. In addition, $4,000,000 is provided for Gulf Coast
Restoration activities to ensure that the Service has the
resources necessary to avoid delays in projects related to
the Deepwater Horizon incident. This is consistent with the
amount provided in fiscal year 2018. Because the Conferees
have provided the Service with substantial resources for Gulf
Coast Restoration, they expect the Service to move forward
with project reviews in a timely manner.
Lesser Prairie Chicken.--The Conferees are concerned that
by listing the lesser prairie chicken (LPC) under the ESA in
spite of the unprecedented level of voluntary conservation
efforts in the habitat area, the Service significantly
reduced the incentive for stakeholders to pursue future
initiatives to preserve the LPC and other species. The
Conferees note that if the listing of a species is viewed as
inevitable, stakeholders lose the incentive to invest in
private, voluntary conservation efforts. Therefore, the
Conferees direct the Service to collaborate with local and
regional stakeholders on improving voluntary solutions to
conserve the species with the goal of avoiding the necessity
of listing the LPC under the ESA.
Recovery.--The agreement includes: a $2,000,000 general
program increase; $1,000,000 to implement the Prescott Grant
Program as authorized by section 408(e) of the Marine Mammal
Protection Act (16 U.S.C. 1421f-1(e)); and $6,000,000 for
Recovery Challenge matching grants to enhance and increase
partnerships with agencies and organizations implementing
highest priority recovery actions as prescribed in recovery
plans, and in particular for genetically-sound breeding,
rearing, and reintroduction programs. Longstanding
partnerships, including for the northern aplomado falcon,
California condor, and Steller's eider, should be funded at
not less than $2,500,000, and partner contributions should be
not less than their current amounts. The remaining funds
should be dedicated to new partnerships and should require a
50:50 match, which may include in-kind services. Unless an
affected State is a partner on the project, none of the funds
may be awarded to a project until the project partners have
consulted with such State. The Service is expected to explore
entering into an agreement with the National Fish and
Wildlife Foundation (NFWF) for the purpose of administering
the program and leveraging the funds with corporate and
nonprofit contributions, in full consultation with the
Service, and to brief the Committee within 60 days of
enactment of this Act. None of the funds may be used for
indirect costs.
Five-Year Reviews.--The Service is directed to complete all
five-year reviews within the period required by law, and, for
any determination on the basis of such review whether a
species should be delisted, downlisted, or uplisted,
promulgate an associated regulation and complete the
rulemaking process prior to initiating the next status review
for such species.
Gray Wolf.--The Conferees recognize the Service's recent
commitment to work closely with Federal, State, Tribal and
local partners to assess the currently listed gray wolf
entities in the Lower 48 States using the best available
scientific information, and if appropriate, publish a
proposal to revise the wolf's status in the Federal Register
by the end of the calendar year.
Grizzly Bear.--The Conferees direct the Service to work
with ranchers, conservation groups, local governments, and
other local partners to reduce conflicts between grizzly
bears and livestock. These efforts should draw upon lessons
learned with the Wolf Livestock Loss Demonstration Program to
improve conservation outcomes while limiting effects to
agricultural producers. Not less than 30 days after the date
of enactment of this Act, and for a duration of not less than
90 days, the Service and the National Park Service are
directed to re-open the public comment period regarding the
draft environmental impact statement with proposed
alternatives for the restoration of grizzly bears to the
North Cascades Ecosystem. Any member of the public in
attendance at any of the associated public forums and wishing
to voice their opinion must be afforded the opportunity to do
so.
Preble's Meadow Jumping Mouse.--The Service is urged to
address consultations and permitting of public and private
projects related to the Preble's meadow jumping mouse as one
of the highest priorities.
Marbled Murrelet.--The Conferees are concerned that the
draft Long Term Conservation Strategy for the marbled
murrelet is focused primarily on inland nesting habitat when
more than 90 percent of the life cycle of this species is
spent in the marine environment. The Conferees also recognize
that while the relationship between nesting habitat and
marbled murrelet abundance is well documented, there is
comparatively little known about factors linked to the marine
environment, including environmental conditions, prey
availability and bycatch mortality, that may be contributing
to recent population declines in Washington, Oregon, and
California. Therefore, the Conferees urge the Service to
partner with the National Oceanic and Atmospheric
Administration to pursue additional studies to determine the
full range of factors linked to the marine environment that
may affect marbled murrelet populations and to develop a
comprehensive set of recommendations to address those
factors. In addition, the Service is directed to work
collaboratively with local communities, elected officials,
and other stakeholders in the development of the final Long
Term Conservation Strategy for the marbled murrelet.
National Wildlife Refuge System.--The agreement includes a
general program increase of $1,000,000 for Wildlife and
Habitat Management, and the Conferees encourage the Service
to prioritize invasive species eradication activities. The
subsistence program is continued at $2,835,000. In addition,
$55,000,000 is provided for Refuge Maintenance Support.
Refuge Law Enforcement.--Adequate refuge law enforcement is
critical to protect our natural resources, staff, and more
than 53 million visitors at refuges. The Service should
request adequate funding so no refuge is without law
enforcement at any time.
Trapping on Refuges.--The Service website includes
information on trapping on refuges at https://www.fws.gov/
refuges/visitors/trapping.html and has instituted signage at
those refuges. Trapping information for individual refuges
can be found on their web pages under Resource Management.
Alaska Maritime National Wildlife Refuge.--The Service is
expected to follow the directive from fiscal year 2018 that
prohibits a caribou hunt on Kagalaska Island and efforts to
remove cattle on Chirikof and Wosnesenski Islands in the
State of Alaska.
Urban Wildlife Refuges.--Funding has been provided to
continue the Urban Wildlife Refuge Partnership program at the
fiscal year
[[Page H1858]]
2018 enacted level and to support efforts to promote
conservation in urban areas.
Green River National Wildlife Refuge.--The Service is
reminded of the direction included in Senate Report 115-276
to establish the Green River National Wildlife Refuge.
Rio Mora National Wildlife Refuge.--The Conferees expect
the Service to continue to support staffing and educational
programming at Rio Mora National Wildlife Refuge and to
continue dialogue with nonprofit and Tribal partners on the
Service's plan for long-term operations of the refuge. The
Service shall brief the Committees within 60 days of
enactment of this Act on the status of the operations plan.
Migratory Bird Management.--The agreement provides
$3,237,000 as requested for aviation management, which is
transferred to the General Operations activity to more
accurately reflect the program's responsibilities across the
Service.
Law Enforcement.--The agreement includes $2,000,000 for
combating violations of the Indian Arts and Crafts Act, and
the Service is directed to brief the Committees within 60
days of enactment of this Act on the proposed distribution of
the funds.
International Affairs.--The agreement provides $15,816,000
for International Affairs with the expectation that the
Service will spend above the fiscal year 2018 enacted funding
level for Wildlife Trafficking. Arctic Council Support is
continued at $550,000.
National Fish Hatchery System Operations.--The agreement
provides $4,000,000 for Klamath Basin Restoration Agreement
activities, of which at least $3,500,000 is to support
rearing and population monitoring, and of which $3,000,000 is
transferred from Habitat Assessment and Restoration. None of
the funds may be used to terminate operations or to close any
facility of the National Fish Hatchery System. None of the
production programs listed in the March 2013 National Fish
Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Tribes.
Aquatic Habitat and Species Conservation.--The agreement
includes $6,000,000 to implement the Delaware River Basin
Conservation Act, $9,554,000 for the subsistence program, and
$500,000 for the Lake Champlain sea lamprey program.
Asian Carp.--The Conferees recognize the importance of the
work conducted by the Service to combat the serious threat of
Asian carp and provide $11,000,000 for Asian carp activities,
of which $2,000,000 is for contract fishing and deterrents to
extirpate Asian carp, including grass carp. Funding should be
used to control Asian carp in the Mississippi and Ohio River
Basins, including in Kentucky Lake, Lake Barkley, Tennessee
river systems, and the Ohio River, and to prevent Asian carp
from entering and establishing in the Great Lakes. The
Service should consider the utility of creating a dedicated
funding source to increase the intensity and geographic scope
of efforts to prevent entry into the Great Lakes.
Cooperative Landscape Conservation.--The agreement provides
$12,500,000 for Cooperative Landscape Conservation to support
partnerships of Federal, State, Tribal, and other
organizations to develop shared conservation priorities as
outlined in the congressional budget justifications provided
to the Committees on Appropriations. Any deviation from that
justification must be transparent and officially presented to
the Committees on Appropriations, and there must be
opportunities for public review and comment before any
changes are instituted. Funding for Gulf Coast Restoration is
continued at $1,000,000.
General Operations.--The agreement includes $5,516,000 for
annual maintenance needs of the National Conservation
Training Center (NCTC).
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $55,613,000 for Construction, including
$39,873,000 for the backlog of deferred maintenance
principally at national fish hatcheries and national wildlife
refuges, and rescinds $1,500,000 from prior year unobligated
balances, of which $300,000 was made available by Public Law
111-8. The Service is directed to provide a spend plan to the
Committees within 120 days of enactment of this Act for the
deferred maintenance funding. The detailed allocation of
funding by activity is included in the table at the end of
this explanatory statement. For line-item construction, the
Service is expected to follow the project priority list in
the table below. When a construction project is completed or
terminated and appropriated funds remain, the Service may use
those balances to respond to unforeseen reconstruction,
replacement, or repair of facilities or equipment damaged or
destroyed by storms, floods, fires, and similar unanticipated
events.
----------------------------------------------------------------------------------------------------------------
State Refuge, Hatchery, or Other Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
IL........................................... Crab Orchard National Wildlife $1,000,000 $1,000,000
Refuge (NWR).
AK........................................... Alaska Maritime NWR............ 2,675,000 2,675,000
NM........................................... Valle de Oro NWR............... 1,000,000 1,000,000
MI........................................... Pendills Creek National Fish 700,000 700,000
Hatchery (NFH).
N/A.......................................... Branch of Dam Safety (Newly 250,000 250,000
acquired dams).
N/A.......................................... Branch of Dam Safety (Seismic 200,000 200,000
safety).
TX........................................... San Marcos Aquatic Resources 1,608,000 1,608,000
Center.
AZ........................................... Alchesay NFH................... 150,000 150,000
N/A.......................................... Information Resources & 250,000 250,000
Technology Management.
AK........................................... Yukon Delta NWR................ 400,000 400,000
MI........................................... Sullivan Creek NFH............. 60,000 60,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION
The bill provides $65,189,000 for Land Acquisition. The
amounts provided by this bill for projects are shown in the
table below, listed in priority order pursuant to the project
list received for fiscal year 2019. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
In a time when budgetary constraints allow for only a
limited number of new land acquisition projects, the
Conferees are encouraged by programs that leverage public/
private partnerships for land conservation like the Highlands
Conservation Act, which has a record of more than a 2 to 1
ratio in non-Federal matching funds. Therefore, the Conferees
include $20,000,000 for the Highlands Conservation Act Grants
and direct the Service to work with the Highlands States
regarding priority projects for fiscal year 2019.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
MT............................................. Montana National Wildlife Refuges $4,000,000
and Conservation Areas.
FL............................................. Everglades Headwaters NWR and CA. 2,000,000
SD............................................. Dakota Grassland Conservation 4,000,000
Area.
AR............................................. Cache River NWR.................. 3,100,000
MD............................................. Blackwater NWR................... 1,000,000
IA/MN.......................................... Northern Tallgrass Prairie NWR... 500,000
FL ID/UT/WY.................................... St. Marks NWR.................... 2,000,000
Bear River Watershed CA.......... 1,500,000
TX............................................. Laguna Atascosa NWR.............. 1,000,000
CO/NM.......................................... San Luis Valley CA............... 2,000,000
CT/MA/NH/VT.................................... Silvio O. Conte NF&WR............ 1,000,000
NJ............................................. Edwin B. Forsythe NWR............ 500,000
------------
Subtotal, Line Item Projects. 22,600,000
Budget Request This Bill
Acquisition Management........... 9,615,000 12,773,000
Recreational Access.............. 0 2,500,000
Emergencies, Hardships, and 1,641,000 5,351,000
Inholdings.
Exchanges........................ 697,000 1,500,000
Land Protection Planning......... 0 465,000
Highlands Conservation Act Grants 0 20,000,000
Rescission of Funds.............. -5,000,000 0
-----------------------------
Total, FWS Land Acquisition.. 6,953,000 65,189,000
----------------------------------------------------------------------------------------------------------------
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $53,495,000 to carry out section 6 of the
Endangered Species Act of 1973, of which $22,695,000 is to be
derived from the Cooperative Endangered Species Conservation
Fund and $30,800,000 is to be derived from the Land and Water
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement. In addition, the bill includes a
rescission of $7,500,000 from unobligated balances of
appropriations made prior to fiscal year 2014 for HCP
Planning Assistance and Grants to States.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $42,000,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $3,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $11,561,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $64,571,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,502,711,000 for the Operation of the
National Park System. All programs, projects, and activities
are maintained at fiscal year 2018 levels, unless otherwise
specified below.
For this and all other Service accounts funded in this
bill, the Service is expected to comply with the instructions
and requirements at the beginning of this division and in
House Report 115-765 and Senate Report 115-276, unless
otherwise specified below. The Service is directed to submit
to the House and Senate Committees on Appropriations, within
60 days of enactment of this Act, an operating plan for the
Operation of the National Park System appropriation that
includes any necessary adjustments to the amounts provided to
maintain park operations of all units budgeted in the fiscal
year 2019 request. Such plan shall be subject to the
reprogramming guidelines contained in this explanatory
statement. Additional details, instructions, and requirements
follow below and in the table at the end of this division.
Resource Stewardship.--The agreement includes: $3,000,000
for zebra mussel and quagga
[[Page H1859]]
mussel containment, prevention, and enforcement; $10,032,000
for Everglades restoration; $1,500,000 to continue landscape
restoration at newly authorized national parks, as provided
by Public Law 114-113; and a total of $800,000 to continue
cave and karst ecosystem research.
Visitor Services.--The agreement rejects all of the
reductions proposed in the budget request. The Service is
reminded of the directive in House Report 115-765 with regard
to maintaining fiscal year 2018 funding levels.
Park Protection.--The agreement does not include a one-time
increase provided in fiscal year 2018 for the replacement of
Park Police aircraft. Annual funding related to new aircraft
is provided under Park Support and includes a program
increase of $1,200,000 to return the Service to a standard
aircraft replacement cycle.
Facility Operations and Maintenance.--The agreement
includes $135,980,000 for repair and rehabilitation projects
and $151,575,000 for cyclic maintenance.
Park Support.--The agreement includes $10,535,000 of
increases requested in the budget addendum, including:
$6,225,000 for additional park rangers; $830,000 for
increased law enforcement training costs; $1,200,000 for the
U.S. Park Police helicopter replacement; $1,300,000 for
public health officers; $150,000 for unmanned aircraft
services expertise; $400,000 for Katahdin Woods and Waters;
$965,000 for new parks such as Ste. Genevieve, Birmingham
Civil Rights, and Freedom Riders; and $400,000 for Captain
John Smith National Heritage Trail to manage the new land
acquisition of Werowocomoco. The agreement also includes
$500,000 for the Semiquincentennial Commission to be expended
in accordance with the United States Semiquincentennial
Commission Act of 2016. Funding for the Roosevelt-Campobello
International Park is maintained at the fiscal year 2018
level. Funding requested for the agency's reorganization
efforts is provided subject to the guidance included at the
front of this explanatory statement.
The Conferees note there are concerns regarding the
Service's current inventory of hand-held equipment supporting
global positioning systems. These systems are at end-of-life
and have operating systems that are no longer supported by
the developer. The Service is directed to brief the
Committees on these issues within 90 days of enactment of
this Act.
External Administrative Costs.--The agreement includes
$184,925,000 for external administrative costs, including
required fixed costs.
Quagga and Zebra Mussel Control.--The Conferees remain
concerned about the spread of quagga and zebra mussels in the
West and have provided $3,000,000 for continued containment,
prevention, and enforcement efforts, equal to the fiscal year
2018 enacted level.
Blackstone River Valley National Historical Park.--The
agreement includes requested funding for the Blackstone River
Valley National Historical Park with the expectation that the
Service will continue to make funds available to the local
coordinating entity to maintain staffing and capacity to
assist in management of the park as authorized in Public Law
113-291.
Captain John Smith National Historic Trail.--The Conferees
strongly disagree with the Service's decision to proceed with
management changes that affect the Service's Chesapeake Bay
Office, the Captain John Smith Chesapeake National Historic
Trail, and the Werowocomoco site despite congressional
concerns. The Service is directed to produce the report
required by Senate Report 115-276 that details the Service's
legal authorities to make the change and the steps it plans
to take to ensure that the management changes do not weaken
the Service's commitment to Chesapeake Bay Program
partnerships.
Denali National Park Road.--The Conferees are particularly
concerned about the condition of the Denali National Park
road and direct the Service to follow the guidance contained
in Senate Report 115-276 concerning the road.
Everglades Restoration.--The Conferees note the progress
made toward restoration of the Everglades ecosystem and
continue to support this multi-year effort to preserve one of
the great ecological treasures of the United States.
Oklahoma City National Memorial & Museum.--The Conferees
acknowledge the Service's submission of the report required
by the Consolidated Appropriations Act, 2018 concerning
Federal funds allocated for the Oklahoma City Memorial. The
Service should continue to work with all interested
stakeholders to determine options for providing the fully
authorized level of $5,000,000 for the memorial.
Point Reyes National Seashore.--The Conferees note that
multi-generational ranching and dairying is important both
ecologically and economically for the Point Reyes National
Seashore and the surrounding community. These historic
activities are also fully consistent with Congress's intent
for the management of Point Reyes National Seashore. The
Conferees are aware that the Service is conducting a public
process to comply with a multi-party settlement agreement
that includes the preparation of an environmental impact
statement to study the effects of dairying and ranching on
the park. The Conferees strongly support the inclusion of
alternatives that continue ranching and dairying, including
the Service's Initial Proposal to allow existing ranch
families to continue ranching and dairying operations under
agricultural lease/permits with 20-year terms, and expect the
Service to make every effort to finalize a General Management
Plan Amendment that continues these historic activities.
Trestles Historic District.--The Conferees recognize that
Trestles Beach plays a vital role in the training and
readiness of the United States Marine Corps and note that
amendments to the National Historic Preservation Act included
in National Park Service Centennial Act (P.L. 114-289)
modified the nomination and approval process for the listing
of Federal properties on the National Register of Historic
Places. The Conferees also note the Department has taken the
position that it does not have jurisdiction to hear an appeal
alleging a failure of the Department of the Navy to nominate
the Trestles Historic District to the National Register and
do not expect the Department to take any further action on
this issue.
National Recreation and Preservation
The bill provides $64,138,000 for national recreation and
preservation programs and includes the following additional
instructions.
Heritage Partnership Program.--The agreement includes
$20,321,000 for the Heritage Partnership Program. The
Conferees continue to encourage individual heritage areas to
develop plans for long-term sufficiency. The Conferees
commend the Alliance of National Heritage Areas, in response
to congressional direction, for developing an allocation
model that maintains core services of more established areas
while proposing additional resources to newer areas. The
Conferees note this progress and direct the Service to work
with heritage areas to further develop consensus toward a
sustainable funding distribution. As this effort continues,
the Conferees expect the Service to distribute funds in the
same manner as fiscal year 2017 with the increase above the
enacted level to be equally distributed to Tier I areas or
Tier 2 areas currently receiving the minimum funding levels
of $150,000 and $300,000 respectively.
Natural Programs.--The Conferees maintain funding for
Natural Programs, including the Chesapeake Gateways and
Trails program and Rivers, Trails, and Conservation, at the
fiscal year 2018 enacted level.
Cultural Programs.--The agreement includes $25,562,000 for
cultural programs, an increase of $500,000 above the enacted
level. The increase above the enacted level is provided
pursuant to 20 U.S.C. 4451(b) for grants to nonprofit
organizations or institutions for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and
arts development at a total program level of $1,000,000 to be
utilized consistent with the direction outlined in the
explanatory statement accompanying Public Law 115-141. This
program is a good example of a multi-state, multi-
organizational collaboration as envisioned under the American
Indian, Alaska Native, and Native Hawaiian Culture and Art
Development Act. Other cultural programs, including grants to
preserve and interpret Japanese American Confinement Sites,
are continued at their fiscal year 2018 levels.
Grants Administration.--The agreement does not include the
proposed transfer of grants administration to cultural
programs as proposed in the request.
Native American Graves Protection and Repatriation
Grants.--The agreement supports the Native American Graves
Protection and Repatriation Grant Program and maintains
funding at the fiscal year 2018 enacted level.
American Battlefield Protection Program Assistance
Grants.--Funding is provided at the fiscal year 2018 enacted
level. The Conferees recognize the importance of public-
private partnerships to maintain the preservation of
America's battlefields and urge the Service to give priority
to projects with broad partner support. The Conferees
continue to encourage the timely review and processing of
grants.
HISTORIC PRESERVATION FUND
The bill provides $102,660,000 for the Historic
Preservation Fund. Within this amount, $49,675,000 is
provided for grants to States and $11,735,000 is provided for
grants to Tribes. The bill also includes $15,250,000 for
competitive grants, of which $750,000 is for grants to
underserved communities and $14,500,000 is for competitive
grants to document, interpret, and preserve historical sites
associated with the Civil Rights Movement. The agreement also
includes $8,000,000 for competitive grants to Historically
Black Colleges and Universities and $13,000,000 for the Save
America's Treasures competitive grant program for the
preservation of nationally significant sites, structures, and
artifacts.
The agreement continues $5,000,000 for preservation grants
to revitalize historic properties of national, State, and
local significance in order to restore, protect, and foster
economic development of rural villages and downtown areas.
Grants shall be made available to States, local governments,
Tribes, or community or statewide non-profit organizations
for the purpose of making sub-grants to eligible projects.
Priority shall be given to applicants with a demonstrated
capacity for allocating similar awards for preservation of
such sites. To ensure that limited funds are targeted in the
most effective manner, the Conferees recommend that the
Service give priority to applicants that cap their
administrative costs at no more than five percent. The
Service shall confer with the House and Senate Committees on
[[Page H1860]]
Appropriations prior to finalizing a grant announcement for
these funds and shall distribute grants expeditiously.
CONSTRUCTION
The bill provides $364,704,000 for Construction and
includes a general program increase of $127,151,000 above the
request to address longstanding deferred maintenance and
major construction related requirements of the Service. The
Service is directed to provide, no later than 60 days after
enactment of this Act, an operating plan for the allocation
of funds, including Line Item Construction projects. Requests
for reprogramming will be considered pursuant to the
guidelines included at the beginning of this explanatory
statement. No funds are provided for project number 16,
entitled ``Rehabilitate Historic Main Parade Ground
Barracks'' at the Fort Vancouver National Historic Site. The
Conferees have become aware that the proposed project is
intended as part of a future plan to relocate the Service's
Pacific West Regional Office from its current location in
California. However, the budget request does not indicate any
such plans, and the Department subsequently implemented new
regional boundaries for the Service as of August, 2018.
Therefore, it is premature to fund this project during fiscal
year 2019. The Conferees further note with concern that the
Service decided to move the current regional office without
first consulting stakeholders and Congress. The Service is
reminded that major organizational proposals like this should
be disclosed as part of the annual budget proposal so that
Congress and the public have opportunity to vet them.
Gustavus Intertie, Glacier NP.--The Conferees direct the
Service to consult regularly with the City of Gustavus as it
issues the RFP, prospectus, and design/build contracts for
the intertie at Glacier Bay National Park.
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $168,444,000 for Land Acquisition and
State Assistance. The amounts provided by this bill for
projects are shown in the table below, listed in priority
order pursuant to the project list received for fiscal year
2019. Further instructions are contained under the Land
and Water Conservation Fund heading in the front of this
explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
LA........................................... Jean Lafitte National Historical $1,456,000
Park and Preserve.
AL........................................... Little River Canyon National 985,000
Preserve.
WY........................................... Grand Teton National Park....... 5,250,000
VA........................................... Cedar Creek and Belle Grove 1,556,000
National Historical Park.
TN........................................... Obed Wild and Scenic River...... 962,000
NC/SC/TN/VA................................... Overmountain Victory National 185,000
Historic Trail.
AR........................................... Buffalo National River.......... 246,000
MI........................................... Sleeping Bear Dunes National 2,308,000
Lakeshore.
KY, TN....................................... Big South Fork National River & 398,000
Recreation Area.
MD........................................... Antietam National Battlefield... 557,000
------------------------------
............................................ Subtotal, Line Item Projects.... 13,903,000
............................................ ............................... Budget Request This Bill
------------------------------
............................................ Acquisition Management.......... 8,788,000 9,679,000
............................................ Recreational Access............. 0 2,000,000
............................................ Emergencies, Hardships, 0 3,928,000
Relocations, and Deficiencies.
............................................ Inholdings, Donations, and 0 4,928,000
Exchanges.
............................................ American Battlefield Protection 0 10,000,000
Program.
............................................ Rescission of Funds............. -10,000,000 0
==============================
............................................ Total, NPS Land Acquisition..... -1,212,000 44,438,000
Assistance to States:
............................................ State conservation grants 0 100,000,00
(formula). 0
............................................ State conservation grants 0 20,000,000
(competitive).
............................................ Administrative expenses......... 0 4,006,000
==============================
............................................ Total, Assistance to States..... 0 124,006,00
0
==============================
............................................ Total, NPS Land Acquisition and -1,212,000 168,444,00
State Assistance. 0
----------------------------------------------------------------------------------------------------------------
Centennial Challenge
The bill provides $20,000,000 for the Centennial Challenge
matching grant program. The program provides dedicated
Federal funding to leverage partnerships for signature
projects and programs for the national park system. The
Conferees expect these funds to be used by the Service to
address projects that have a deferred maintenance component
in order to alleviate the sizeable deferred maintenance
backlog within the national park system. A one-to-one match
is required for projects to qualify for these funds. The
Service is urged to give preference to projects that
demonstrate additional leveraging capacity from its partners.
From amounts in the Centennial Challenge account, the
Conferees encourage the Department to make $5,000,000
available for critical programs and projects, pursuant to 54
U.S.C. 1011 Subchapter II, subject to terms and conditions
outlined in Title VI of Public Law 114-289. The Conferees
note that amounts appropriated for the Centennial Challenge
are now supplemented by additional mandatory revenues from
sales of Federal Recreational Lands Senior Passes, as
authorized by the National Park Service Centennial Act (P.L.
114-289).
United States Geological Survey
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,160,596,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). The detailed allocation of funding by
program area and activity is included in the table at the end
of this explanatory statement. The Survey is reminded of the
guidance and reporting requirements contained in House Report
115-765 and Senate Report 115-276 that should be complied
with unless specifically addressed to the contrary herein, as
explained in the front matter of this explanatory statement.
Ecosystems.--The agreement provides $156,882,000, including
a $2,000,000 reduction for land and water management research
activities within the status and trends and fisheries program
subactivities. The Survey provides critical scientific
research and data to land and water managers in priority
landscapes such as the Arctic, Puget Sound, California Bay
Delta, Everglades, Great Lakes, Columbia River, and the
Chesapeake Bay, and the Conferees expect this work to
continue at the enacted levels. The agreement includes
$8,800,000 to maintain the current funding level at the Great
Lakes Science Center.
The agreement maintains the Senate funding level and
direction on white nose syndrome, as well as $300,000 for
whooping crane research and $200,000 for research on coral
disease.
The agreement includes $7,600,000 for Asian carp, of which
a total of $2,000,000 is for research on containing and
eradicating grass carp.
The agreement provides a $1,000,000 increase for
Cooperative Research Unit (CRUs) vacancies, including
$250,000 for research as directed in Senate Report 115-276.
The Conferees have included $500,000 for the continued
research transferred from curation activities.
Land Resources.--The agreement provides $158,299,000 for
the Land Resources program. Within these funds, Landsat 9 is
fully funded at $32,000,000 and the AmericaView State grant
program receives $1,215,000. The agreement continues funding
for the eight regional science centers at the fiscal year
2018 enacted level.
Energy, Minerals, and Environmental Health.--The agreement
provides $111,736,000 for Energy, Minerals, and Environmental
Health, with $9,598,000 included for the new critical mapping
initiative, Three Dimensional mapping, and Economic
Empowerment Program. The Conferees include $3,800,000 for the
implementation of Secretarial Order 3352 and encourage the
Survey to continue to work on the U.S. domestic mineral base
survey, which would be a complementary tool for the new
critical minerals initiative. The Survey is reminded to
follow the Senate direction on mapping in the Arctic mineral
belt.
The agreement includes $100,000 within funds for Mineral
Resources to develop a map showing pyrrhotite occurrences
across the United States.
The agreement provides $12,598,000 for toxic substances
hydrology with increased funding to understand cyanobacteria
and toxins in stream and wetland ecosystems and to expedite
the development and deployment of remote sensing tools to
assist with early event warning. The Conferees also direct
$200,000 to be used for activities to better understand
mechanisms that result in toxins being present in harmful
algal blooms.
Natural Hazards.--The agreement provides $166,258,000 for
the Natural Hazards Program, including $83,403,000 for
earthquake hazards. Within this funding, $16,100,000 is
provided for continued development of an earthquake early
warning (EEW) system and $5,000,000 is provided for capital
costs associated with the buildout of the EEW. Additionally,
$5,000,000 is provided for Advanced National Seismic System
(ANSS) infrastructure and $1,200,000 is provided to address
base staffing needs necessary to support the ANSS.
The Conferees have not yet received an updated Technical
Implementation Plan for the ShakeAlert Production System,
including revised cost estimates and timelines, as directed
in the statement accompanying P.L. 115-141. The Conferees
encourage completion and review of this report and expect to
receive it as quickly as practicable.
The agreement includes the continuation of the $800,000 for
the Central and Eastern U.S. Seismic Network (CEUSN). The
Conferees also continue the $1,000,000 for regional seismic
networks and expect the Survey to allocate funds according to
the same methodology used in fiscal year 2018. The agreement
includes $2,000,000 for the Earthscope USArray project.
Within volcano hazards, the agreement provides $1,540,000
for operations at high-threat volcanoes as a result of the
one-time infrastructure funding provided in fiscal year 2018;
$1,000,000 for next generation lahar detection operations;
and a total of $3,145,000 for new next-generation lahar
detection system infrastructure on very high-threat
volcanoes.
Water Resources.--The agreement provides $226,308,000 for
Water Resources, with $61,746,000 directed to activities
associated with the Cooperative Matching Funds, including a
$1,000,000 increase for integrated water assessments and a
$819,000 increase for harmful algal bloom work as directed in
House Report 115-765. The agreement maintains funding at the
enacted level for the
[[Page H1861]]
Mississippi River Alluvial Plain, the U.S.-Mexico aquifer
project, and shallow and fractured bedrock terrain.
The agreement includes $10,000,000 in streamgage
infrastructure investments, with a total of $8,500,000 for
deployment and operation of NextGen water observing equipment
and $1,500,000 for streamgages on transboundary rivers. The
agreement maintains funding for the streamgage on the Unuk
River at $120,000.
The groundwater monitoring network is to be maintained at
the fiscal year 2018 enacted level.
Core Science Systems.--The agreement provides $117,902,000
for Core Science Systems, which includes an increase of
$1,500,000 for 3D Elevation Program (3DEP) National
Enhancement and a total of $7,722,000 for Alaska Mapping and
Map Modernization. The agreement includes $16,580,000 for the
US Topo program to continue shifting map production toward
dynamic product-on-demand mapping.
The Conferees are aware there are multiple advanced lidar
technologies and encourage the Survey to utilize advanced
technologies as long as such technology is in accordance with
the Survey's guidelines.
Facilities.--The agreement includes $120,383,000 for
facilities, deferred maintenance, and capital improvement.
Within these amounts, $12,454,000 is included for the Menlo
Park facility transition. The Conferees have continued the
infrastructure funding provided in fiscal year 2018 for
deferred maintenance. Of the amount provided, $4,800,000
shall be available for interim office and laboratory space,
equipment, and other needs due to the destruction of the
Hawaiian Volcano Observatory and the continuing volcanic
activity at Kilauea.
Bureau of Ocean Energy Management
ocean energy management
The bill provides $179,266,000 for Ocean Energy Management
to be partially offset with the collection of rental receipts
and cost recovery fees totaling $49,816,000, for a net
discretionary appropriation of $129,450,000. The agreement
includes the following additional guidance:
Five-year lease plan.--The request for the Bureau's efforts
to initiate a new five year offshore leasing program is fully
funded, and the Conferees encourage an expeditious and
thorough review.
Offshore Revenues.--The Conferees direct the Department to
distribute revenues from Gulf of Mexico operations in a
manner consistent with the Gulf of Mexico Energy Security Act
of 2006 (P.L. 109-432).
Offshore Wind Energy Development.--The Conferees understand
that the Bureau is continuing to work in North Carolina with
local stakeholders, industry, and State task forces, and that
there will be no lease sales for offshore areas in North
Carolina during fiscal year 2019.
Renewable Energy.--The Bureau should continue to follow the
direction under this heading in Senate Report 115-276
concerning offshore wind energy and working cooperatively
with the Department of Energy and coastal States.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
The bill provides $187,240,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of rental receipts, cost recovery fees, and
inspection fees totaling $65,889,000 for a net discretionary
appropriation of $121,351,000.
oil spill research
The bill provides $14,899,000 for Oil Spill Research.
Office of Surface Mining Reclamation and Enforcement Regulation and
Technology
The bill provides $115,804,000 for the Office of Surface
Mining Reclamation and Enforcement (OSMRE) Regulation and
Technology account and includes $2,300,000 in the form of
grant payments to States preparing to assume primacy.
Regulatory grants shall be funded at $70,890,000, with
$68,590,000, equal to the fiscal year 2018 enacted level,
provided in the bill. OSMRE is directed to apply $2,300,000
in fiscal year 2018 carryover to the State regulatory grant
program to maintain fiscal year 2018 funding levels for
States with primacy.
Abandoned Mine Reclamation Fund
The bill provides $139,672,000 for the Abandoned Mine
Reclamation Fund. Of the funds provided, $24,672,000 shall be
derived from the Abandoned Mine Reclamation Fund and
$115,000,000 shall be derived from the General Fund. The
$115,000,000 in grants to States and Indian tribes for the
reclamation of abandoned mine lands in conjunction with
economic and community development and reuse goals shall be
distributed in accordance with the same goals, intent, and
direction as in fiscal year 2018.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
The bill provides $2,414,577,000 for Operation of Indian
Programs. All programs, projects, and activities are
maintained at fiscal year 2018 levels, except for requested
fixed cost increases and transfers, or unless otherwise
specified below. For this and all other Bureau accounts
funded in this bill, Indian Affairs is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 115-765 and Senate Report
115-276, unless otherwise specified below. Additional
details, instructions, and requirements follow below and in
the table at the end of this division. Indian Affairs is
reminded of the importance of meeting reporting requirement
deadlines so that the Committees can properly evaluate
programs. Failure to do so could negatively impact future
budgets.
Tribal Government.--The agreement provides $320,973,000 for
Tribal government programs, and includes $2,000,000 to
improve the condition of unpaved roads and bridges used by
school buses transporting students. Funds to implement the
Native American Tourism Improvement and Visitor Experience
Act of 2016 continue at the fiscal year 2018 enacted level.
Human Services.--The agreement provides $161,416,000 for
human services programs and includes $300,000 to support
women and children's shelters that are serving the needs of
multiple Tribes or Alaska Native Villages in the areas served
by the Tiwahe pilot sites.
Trust--Natural Resources Management.--The agreement
provides $206,870,000 for natural resources management
programs, including a $500,000 program increase for forestry
Tribal priority allocations. The agreement provides
$1,500,000 to implement section 7(b) of Public Law 102-495,
the Elwha River Ecosystem and Fisheries Act, and the Bureau
is directed to follow the related guidance contained in House
Report 115-765.
The Conferees understand that the Pacific Salmon Commission
is close to reaching an agreement to amend Annex IV of the
Pacific Salmon Treaty to replace management terms that expire
on December 31, 2018; therefore, the Bureau is directed to
report back within 90 days of enactment of this Act with a
detailed cost estimate of the responsibilities under the
Pacific Salmon Treaty and, specifically, Annex IV of the
Treaty as proposed to be amended.
Trust--Real Estate Services.--The agreement provides
$130,680,000 for real estate services, of which $1,500,000 is
for rights protection litigation support and $450,000 is for
certification of historical places and cultural sites,
including Alaska Native Claims Settlement Act.
Bureau of Indian Education.--The agreement includes
$904,557,000 for the Bureau of Indian Education and partially
retains and redistributes a one-time forward funding increase
provided in fiscal year 2018. A program increase of
$1,000,000 is included for Tribal colleges and universities.
Tribal grant support costs continue to be fully funded.
Within education program enhancements, funding for Native
language immersion grants continues at the fiscal year 2018
level of $2,000,000.
The Conferees are aware of the Department's efforts to
pursue alternative financing options to address the
significant need for replacement school construction at
Bureau of Indian Education funded schools and have included
an increase of $2,000,000 within Facility Operations to
implement a pilot program to meet these needs. Before
obligating these funds, the Department shall provide an
expenditure plan for these funds to the Committees that
includes details regarding how these funds will be used in
fiscal year 2019, potential out-year impacts and demand for
the program, and additional recommendations for legislative
authority or other considerations for future program
management.
Public Safety and Justice.--The agreement provides
$411,517,000 for public safety and justice programs, of
which: $1,000,000 is to implement the Native American Graves
Protection and Repatriation Act; $8,250,000 is for patrol
officers in areas hit hardest by the opioid epidemic;
$3,033,000 is to reduce recidivism through the Tiwahe
initiative; $2,000,000 is for Tribal detention facility
staffing needs, including addressing the needs of newly
funded Tribal detention facilities; $13,000,000 is to address
the needs of Tribes affected by Public Law 83-280; and
$2,000,000 is to implement the Violence Against Women Act for
both training and specific Tribal court needs.
Community and Economic Development.--The agreement provides
$47,579,000 for community and economic development programs,
including $3,400,000 to implement the Native American Tourism
Improvement and Visitor Experience Act of 2016 and $1,000,000
for the modernization of oil and gas records.
A program increase of $1,000,000 is included for the Office
of Indian Energy and Economic Development to provide
assistance to Tribes to enhance economic development and
improve access to private financing of development projects.
The Office should assist with feasibility studies and provide
technical assistance to Tribes to establish commercial codes,
courts and other business structures. Further, the Office
should undertake efforts to build Tribal capacity to lease
Tribal lands and manage economic and energy resource
development. Finally, the Office should explore opportunities
to foster incubators of Tribal-owned and other Native
American-owned businesses. The Office is expected to track
accomplishments for each of these purposes and to report them
annually in its budget justification.
Executive Direction and Administrative Services.--The
agreement includes $230,985,000 for executive direction and
administrative services, of which: $10,155,000 is for
Assistant Secretary Support; $20,251,000 is for Executive
Direction; and $48,019,000 is for Administrative Services.
Tribal Sovereignty.--It is the Conferees' understanding
that the authorizing committees of jurisdiction are actively
working to expeditiously address issues raised by 25 U.S.C.
[[Page H1862]]
section 251. The Bureau is expected to work cooperatively
with Tribes and the relevant committees on such efforts.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2018 and estimated
to be $247,000,000.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $358,719,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2018 levels except for requested fixed cost increases
and transfers, or unless otherwise specified below.
Education Construction.--The agreement provides
$238,250,000 for schools and related facilities within the
Bureau of Indian Education system and includes the following:
$105,504,000 for replacement school campus construction;
$23,935,000 for replacement facility construction;
$13,576,000 for employee housing repair; and $95,235,000 for
facilities improvement and repair.
Public Safety and Justice Construction.--The agreement
provides $35,310,000 for public safety and justice
construction and includes the following: $18,000,000 for
facilities replacement and new construction program;
$4,494,000 for employee housing; $9,372,000 for facilities
improvement and repair; $170,000 for fire safety
coordination; and $3,274,000 for fire protection.
Resources Management Construction.--The agreement provides
$71,231,000 for resources management construction programs
and includes the following: $28,695,000 for irrigation
project construction, of which $10,000,000 is for projects
authorized by the WIIN Act; $2,605,000 for engineering and
supervision; $1,016,000 for survey and design; $650,000 for
Federal power compliance; and $38,265,000 for dam safety and
maintenance. The Conferees direct the Bureau to report back
to the Committees on Appropriations within 90 days of
enactment of this Act outlining the execution strategy for
those funds provided under section 3211 of the WIIN Act (P.L.
114-322).
Other Program Construction.--The agreement provides
$13,928,000 for other programs and includes the following:
$1,419,000 for telecommunications, including $300,000 to
improve officer safety by eliminating radio communications
dead zones; $3,919,000 for facilities and quarters; and
$8,590,000 for program management, including $2,634,000 to
continue the project at Fort Peck.
INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $50,057,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians,
ensuring that Indian Affairs will meet the statutory
deadlines of all authorized settlement agreements to date.
The detailed allocation of funding by settlement is included
in the table at the end of this explanatory statement.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $10,779,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
DEPARTMENTAL OFFICES
OFFICE OF THE SECRETARY
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $124,673,000 for Departmental Offices,
Office of the Secretary, Departmental Operations. Programs
are expected to comply with the instructions and requirements
at the beginning of this division and in House Report 115-765
and Senate Report 115-276. The agreement maintains the staff
and funding associated with the office of Native Hawaiian
Relations in the office of the Assistant Secretary for
Policy, Management and Budget. The Conferees have provided
funding for the Alyce Spotted Bear and Walter Soboleff
Commission on Native Children.
Department of the Interior Reorganization.--The Conferees
note that the Department moved forward with the first phase
of its planned reorganization on August 22, 2018, when it
established new regional boundaries for all of its bureaus
except for those which fall under the leadership of the
Assistant Secretary of Indian Affairs. Recognizing that many
of the specific details of the reorganization are still in
development, the Conferees reiterate that the Department must
develop a concrete plan for how it will reshape its essential
functions, taking into account its relationships with the
Tribes, State and local governments, private and nonprofit
partners, the public, and the Department's workforce.
Transparency must be an essential element of the
reorganization process, and the Department is expected to
continue engaging external stakeholders and conducting robust
Tribal consultation as it develops its expected
organizational changes.
The Conferees appreciate the commitment of Departmental
leadership, through an exchange of formal letters, to
regularly consult with the Committees throughout the ongoing
reorganization process and to adhere to the reprogramming
guidelines set forth in the explanatory statement
accompanying this Act, which require the Department to submit
certain organizational changes for Committee review,
including workforce restructure, reshaping, or transfer of
functions. The Conferees also note that the agreement
includes a total of $14,100,000 in new funding to implement
the reorganization within the budgets of the Bureau of Land
Management, U.S. Fish and Wildlife Service, National Park
Service, U.S. Geological Survey, and Bureau of Indian
Affairs, and expect the Department to provide a report on the
planned use of these funds to the Committees 30 days prior to
obligating these funds.
Payments in Lieu of Taxes (PILT).--The agreement includes
funding for PILT for fiscal year 2019 in Section 116 of Title
I General Provisions.
ANSEP.--The Conferees are aware that the Alaska Native
Science & Engineering Program (ANSEP) at the University of
Alaska Anchorage would like to become a ``Designated Partner
Organization'' under the Direct Hire Authority for Resource
Assistant Internship Program, as identified in the
Consolidated Appropriations Act of 2012; PL 112-74; H.R. 2055
Division E Title I Section 121; 16 U.S.C. 1725(a), and the
Conferees encourage the Department to facilitate this
partnership.
Volcanic Eruption.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on all Department facilities damaged by a
volcanic eruption covered by a Presidential Disaster
Declaration made in calendar year 2018. The report shall
include: (1) an inventory of all Department facilities that
were damaged; (2) a full description of facilities closures,
and the estimated impact on visitation to National Park
Service facilities; and (3) a plan to restore or replace
damaged facilities and restore historic visitation levels
which includes associated cost estimates. In preparing the
plan, the Secretary shall engage with the host community,
including State and local governments. The Secretary is also
encouraged to consider collocating damaged U.S. Geological
Survey facilities in a lower risk area as part of the plan.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The agreement provides $100,688,000 for Assistance to
Territories. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
The Conferees remind the Department of the directives
contained in Senate Report 115-276 regarding U.S. Virgin
Islands Hurricane Impacts, American Samoa, compact impact,
and civic education programs for Insular Area students.
COMPACT OF FREE ASSOCIATION
The agreement provides $3,413,000 for Compact of Free
Association, $123,774,000 below the fiscal year 2018 enacted
level and $304,000 above the budget request. The Consolidated
Appropriations Act, 2018 (P.L. 115-141) provided $123,824,000
in necessary funds to finalize the 2010 Compact Review
Agreement with Palau and bring it into force. A detailed
table of funding recommendations below the account level is
provided at the end of this explanatory statement.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The bill provides $65,674,000 for the Office of the
Solicitor. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $52,486,000 for the Office of Inspector
General. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $111,540,000 for the Office of the
Special Trustee for American Indians and includes the
requested transfer to the Office of Valuation for Appraisal
Services. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total of $941,211,000 for
Department of the Interior Wildland Fire Management. Of the
funds provided, $388,135,000 is for suppression operations,
which fully funds wildland fire suppression at the 10-year
average, and $189,000,000 is for fuels management activities.
The detailed allocation of funding by activity is included in
the table at the end of this explanatory statement.
CENTRAL HAZARDOUS MATERIALS FUND
The agreement provides $10,010,000 for the Central
Hazardous Materials Fund.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The agreement provides $7,767,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
WORKING CAPITAL FUND
The agreement provides $55,735,000 for the Department of
the Interior, Working Capital Fund. Funds previously
appropriated for the Service First initiative that are
available for obligation as of the date of enactment of this
Act should be utilized for needs identified in the fiscal
year 2019 budget request.
OFFICE OF NATURAL RESOURCES REVENUE
The agreement provides $137,505,000 for the Office of
Natural Resources Revenue.
[[Page H1863]]
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes various legislative provisions
affecting the Department in Title I of the bill, ``General
Provisions, Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 authorizes the Secretary of the Interior to
continue the reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement in conformance with
Committee reprogramming guidelines.
Section 109 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 110 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 111 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 112 addresses the humane transfer of excess wild
horses and burros.
Section 113 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 114 extends the authority for the Secretary to
accept public and private contributions for the orderly
development and exploration of Outer Continental Shelf
resources.
Section 115 retitles the Indiana Dunes National Lakeshore
and re-designates the Paul H. Douglas Trail.
Section 116 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 117 provides a technical correction.
Section 118 provides for the designation of the Peter B.
Webster III Memorial Area.
Section 119 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 120 addresses the issuance of rules for sage-
grouse.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The bill provides $8,058,488,000 for the Environmental
Protection Agency (EPA). The bill does not support reductions
proposed in the budget request unless explicitly noted in the
explanatory statement.
Congressional Budget Justification.--The Agency is directed
to continue to include the information requested in House
Report 112-331 and any proposals to change State allocation
formulas that affect the distribution of appropriated funds
in future budget justifications.
Reprogramming and Workforce Reshaping.--The agreement does
not include any of the requested funds for workforce
reshaping. Further, the Conferees do not expect the Agency to
consolidate or close any regional offices in fiscal year
2019. The Agency is held to the reprogramming limitation of
$1,000,000 and should continue to follow the reprogramming
directives as provided in the front of this explanatory
statement. It is noted that such reprogramming directives
apply to proposed reorganizations, workforce restructure,
reshaping, transfer of functions, or downsizing, especially
those of significant national or regional importance, and
include closures, consolidations, and relocations of offices,
facilities, and laboratories.
Further, the Agency may not use any amount of de-obligated
funds to initiate a new program, office, or initiative,
without the prior approval of the Committees. Within 30 days
of enactment of this Act, the Agency is directed to submit to
the House and Senate Committees on Appropriations its annual
operating plan for fiscal year 2019, which shall detail how
the Agency plans to allocate funds at the program project
level.
Other.--It is noted that the current workforce is below the
prior year levels, therefore, the agreement includes
rescissions in the Science and Technology and Environmental
Programs and Management accounts that capture expected
savings associated with such changes. The Agency is directed
to apply the rescissions to reflect efficiency savings in a
manner that seeks, to the extent practicable, to be
proportional among program project areas. Amounts provided in
this Act are sufficient to fully fund Agency payroll
estimates, and the Conferees expect the Agency's fiscal year
2019 FTE target to be no less than the fiscal year 2018
levels. The Conferees understand that the Agency routinely
makes funding payroll requirements a top priority and expect
the Agency will continue to do so as it executes its fiscal
year 2019 appropriation and applies the rescissions.
The Conferees do not expect the Agency will undertake
adverse personnel actions or incentive programs to comply
with the rescissions, nor do the Conferees expect the Agency
will undertake large-scale adverse personnel actions or
incentive programs in fiscal year 2019. As specified in the
bill language, the rescissions shall not apply to the
Geographic Programs, the National Estuary Program, and the
National Priorities funding in the Science and Technology and
Environmental Programs and Management accounts. The Agency is
directed to submit, as part of the operating plan, details on
the application of such rescissions at the program project
level.
SCIENCE AND TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
For Science and Technology programs, the bill provides
$717,723,000 to be partially offset by a $11,250,000
rescission for a net discretionary appropriation of
$706,473,000. The bill transfers $15,496,000 from the
Hazardous Substance Superfund account to this account. The
bill provides the following specific funding levels and
direction:
Indoor Air and Radiation.--The bill provides $5,997,000 and
funding for the radon program is maintained at not less than
the fiscal year 2018 enacted level.
Research: Air and Energy.--The bill provides $94,906,000
for Research: Air and Energy. The Agency is directed to
allocate up to $3,000,000 to continue supporting the
Partnership Research as outlined in the explanatory statement
accompanying Public Law 115-141. This jointly funded, multi-
year government-industry research initiative should be used
to produce credible science of national scope on such
development, including review of existing exposure and health
studies already underway, and future research. The Agency is
encouraged to submit a report updating the Committees on the
implementation of this partnership within 90 days of
enactment of this Act.
Research: Chemical Safety and Sustainability.--The bill
provides $126,930,000 for Research: Chemical Safety and
Sustainability. Following guidance contained in the
explanatory statement accompanying Public Law 115-141 and
House Report 115-765, EPA also is directed to include
advancement of methods to better separately evaluate chemical
hazards and exposures and that take into consideration harm
to potentially exposed and susceptible subpopulations.
Research: National Priorities.--The bill provides
$5,000,000, which shall be used for extramural research
grants, independent of the Science to Achieve Results (STAR)
grant program, to fund high-priority water quality and
availability research by not-for-profit organizations that
often partner with the Agency. The Agency shall continue to
allocate the grants in accordance with the direction provided
in the explanatory statement accompanying Public Law 115-141.
Additional Guidance.--The agreement includes the following
additional guidance:
Alternatives Testing.--The Agency is directed to follow the
guidance contained under this heading in House Report 115-765
and to ensure that any future plans identify and address
potential barriers or limitations on the use of alternative
test methods, particularly as they relate to susceptible
populations.
Enhanced Aquifer Use.--The Agency is directed to continue
following the guidance contained in Senate Report 114-281 in
addition to the guidance contained in House Report 115-765
directing the Agency to coordinate with other Federal
research efforts in this area.
Harmful Algal Blooms.--The Conferees recognize the
increasing challenges many communities face from harmful
algal blooms (HABs) in freshwater and coastal ecosystems. The
Conferees encourage the Agency to fund research grants that
help promote scientific progress towards preventing and
controlling HABs, including research to: (1) determine the
effectiveness of existing nutrient treatment technologies;
(2) evaluate the scale-up of emerging nutrient treatment
technologies and develop new technologies; and (3) develop
best management practices to help both rural and urban
communities control nutrients in their watersheds.
Additionally, $5,000,000 is made available to investigate
health effects from exposure to HABs and cyanobacteria toxins
and to develop methods to monitor, characterize, and predict
blooms for early action.
STAR Grants.--The bill provides funds to continue the
Science to Achieve Results (STAR) program, and the Conferees
direct the Agency to distribute grants consistent with fiscal
year 2018.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
For Environmental Programs and Management, the bill
provides $2,658,200,000 to be partially offset by a
$60,201,000 rescission for a net discretionary appropriation
of $2,597,999,000. The bill provides the following specific
funding levels and direction:
Clean Air.--The bill provides $273,108,000 for Clean Air.
The Conferees continue to support
[[Page H1864]]
the EnergySTAR program for both appliances and buildings at
the fiscal year 2018 enacted level and do not recommend a
shift to fee-based funding, as proposed. The Conferees are
concerned that litigation over non-compliance of voluntary
EnergySTAR efficiency standards, which can be the result of a
standard that has changed, may lead some participants to
avoid participating in the program. The Conferees also are
aware of the need for products carrying the EnergySTAR label
to achieve the required efficiency levels to best benefit
consumers. The Conferees direct the Agency to evaluate how
the Agency may balance these interests to ensure that the
EnergySTAR program is both fair to voluntary participants and
reliable for consumers and to report back to the Conferees
within 180 days of the enactment of this Act. The Conferees
also fund both program areas related to stratospheric ozone
at not less than the fiscal year 2018 enacted level.
Environmental Protection: National Priorities.--The bill
provides $15,000,000 for a competitive grant program for
qualified non-profit organizations, excluding institutions of
higher education, to provide technical assistance for
improved water quality or safe drinking water and adequate
waste water to small systems or individual private well
owners. The Agency shall provide $12,300,000 for Grassroots
Rural and Small Community Water Systems Assistance Act, for
activities specified under section 1442(e) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(e)(8)). The Agency also
is directed to provide $1,700,000 for grants to qualified
not-for-profit organizations for technical assistance for
individual private well owners, with priority given to
organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide, on a national and multi-State
regional basis, $1,000,000 for grants to qualified
organizations for the sole purpose of providing on-site
training and technical assistance for wastewater systems. The
Agency shall require each grantee to provide a minimum 10
percent match, including in-kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
The Conferees remain concerned that the Agency made a
decision to put out a multi-year Request for Applications for
fiscal year 2017 and 2018 without the expressed approval of
the Committees. The Agency is directed to obtain approval
from the Committees for any similar activity in the future.
Geographic Programs.--The bill provides $456,958,000, as
described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000. The Agency shall continue to follow the
direction as provided in House Report 112-589 and in Senate
Report 115-276 related to the Great Lakes Restoration
Initiative.
Chesapeake Bay.--The bill provides $73,000,000 for the
Chesapeake Bay program. From within the amount provided,
$6,000,000 is for nutrient and sediment removal grants and
$6,000,000 is for small watershed grants to control polluted
runoff from urban, suburban, and agricultural lands.
Gulf of Mexico.--The bill provides $14,542,000 for the Gulf
of Mexico Geographic Program where hypoxia is a growing cause
for concern. The Conferees direct the Agency to coordinate
with the U.S. Department of Agriculture, the Gulf States, and
State, local, and private partners to leverage additional
resources for conservation projects on working lands within
the Gulf Region and Mississippi River Basin. The Agency is
directed to distribute funds in the same manner as fiscal
year 2018.
Lake Champlain.--The bill provides $11,000,000 for the Lake
Champlain program. From within the amount provided,
$4,399,000 shall be allocated in the same manner as fiscal
year 2017. Funds appropriated above $4,399,000 shall be for
otherwise unmet needs necessary to implement the EPA's 2016
Phosphorus Total Maximum Daily Load Plan for Lake Champlain
for projects and work identified in the State implementation
plan.
Puget Sound.--The bill provides $28,000,000. The Agency
shall follow the direction under this heading in House Report
115-765.
Northwest Forest Program.--The agreement maintains funding
to support the Northwest Forest program at not less than the
fiscal year 2018 funding level.
South Florida Program.--The bill provides $3,204,000 for
the South Florida program, an increase of $1,500,000 above
the enacted level. Within the increase, the Conferees provide
$500,000 to monitor coral health in South Florida; $500,000
to enhance water quality and seagrass monitoring in the
Caloosahatchee Estuary and Indian River Lagoon, especially
with respect to assessing the impact of Lake Okeechobee
discharges; and $500,000 to enhance water quality and
seagrass monitoring in Florida Bay and Biscayne Bay,
especially with respect to assessing the impact of Everglades
Restoration projects.
Columbia River Basin Restoration Program.--The bill
provides $1,000,000 for the purpose of commencing
implementation of the Columbia River Basin Restoration
Program, which was authorized in Public Law 114-322.
Indoor Air and Radiation.--The agreement maintains funding
for the radon program at the fiscal year 2018 enacted level.
Funds have been included for the Radiation Protection and
Reduce Risks from Indoor Air programs.
Information Exchange/Outreach.--The agreement includes
funding for Tribal capacity building equal to the fiscal year
2018 enacted level. The Agency is directed to use
environmental education funds for the smart skin care
program, similar to prior years. The agreement also provides
for the Small Minority Business Assistance program to be
continued.
International Programs.--The bill provides $15,400,000 for
International Programs, which includes funds for the U.S.-
Mexico Border program at the fiscal year 2018 enacted level.
Resource Conservation and Recovery Act.--The bill provides
$112,377,000, an increase of $3,000,000 above the fiscal year
2018 enacted level. Of the funds provided under this section,
not less than $8,000,0000 should be allocated for the purpose
of developing and implementing a Federal permit program for
the regulation of coal combustion residuals in
nonparticipating States, as authorized under section
4005(d)(2)(B) of the Solid Waste Disposal Act (42 U.S.C.
6945(d)(2)(B)).
Additionally, the Conferees continue the Waste Minimization
and Recycling program and have provided $1,000,000 to help
public entities demonstrate community anaerobic digester
applications to municipal solid waste streams and farm needs,
such as capturing excess phosphorus.
Toxics Risk Review and Prevention.--The bill provides
$92,521,000 for toxics risk review and prevention activities
and maintains funding for the Pollution Prevention program
and the Lead Risk Reduction program.
Water: Ecosystems.--The bill provides $47,788,000. Within
the amount provided, $26,723,000 has been provided for
National Estuary Program (NEP) grants as authorized by
section 320 of the Clean Water Act. This amount is sufficient
to provide each of the 28 national estuaries in the program
with a grant of at least $600,000.
Further, in the Administrative Provisions section, the
Conferees direct that $1,000,000 in competitive grants be
made available for additional projects and encourage the
Agency to work in consultation with the NEP directors to
identify worthy projects and activities. In particular, the
Conferees encourage the Agency to utilize a portion of these
funds to address harmful algal blooms along the Gulf Coast of
Florida.
Water Quality Protection.--The bill provides $210,917,000
for Water Quality Protection and maintains funding for the
WaterSENSE program and the Urban Waters program at the fiscal
year 2018 enacted level. In addition, an increase of $500,000
is provided for the Agency to carry out the Clean Watershed
Needs Survey. The Conferees expect the Agency to request
annual funding for the Clean Watershed Needs Survey and the
Drinking Water Infrastructure Needs Survey, alternating
fiscal years as appropriate.
Additional Guidance.--The agreement includes the following
additional guidance:
Chesapeake Bay.--The Conferees encourage the Agency to
maintain a cooperative relationship with relevant States to
ensure best practices are used to promote the continued
health and preservation of the Chesapeake Bay Watershed.
Community Affordability Study.--The Conferees are concerned
about the Environmental Protection Agency's continued
emphasis on the metric of 2 percent of median house income
for determining community affordability and encourage the
Agency to continue ongoing efforts to publish a new
affordability methodology for use in updating all relevant
EPA guidance.
Diesel Generators in Remote Alaska Villages.--The Agency is
directed to continue following the guidance contained in the
explanatory statement accompanying Public Law 115-141.
Exempt Aquifers.--For fiscal year 2019, the Conferees
anticipate that the Agency will continue to receive exempt
aquifer applications from the State of California for
processing and approval. The Conferees continue to support
protecting underground sources of drinking water and
promoting robust economic development. Accordingly, the
Agency is urged to work expeditiously to process exempt
aquifer applications and use the existing regulatory
framework to process these applications as provided in House
Report 114-170 and House Report 114-632.
Fish Grinding.--The Agency is directed to continue
following the guidance contained in the explanatory statement
accompanying Public Law 115-141.
Great Lakes Advisory Board.--The Conferees encourage the
Agency to reestablish the Great Lakes Advisory Board without
significantly restructuring the member composition or
objectives of the Great Lakes Advisory Board, as described in
the Great Lakes Advisory Board charter dated June 13, 2016.
If the Advisory Board is not reestablished within 60 days of
enactment this Act, the Agency shall provide the House and
Senate Interior Appropriations Subcommittees with a report
that explains the reason for the delay and a timeline for
reestablishing the Advisory Board.
In Recommendations on Flint Water Crisis.--The Agency is
directed to implement the recommendations described in the
report of the Office of Inspector General of the
Environmental Protection Agency entitled ``Management
Weakness Delayed Response to Flint Water Crisis'', numbered
18-P-0221, and dated July 19, 2018, to ensure clean and safe
water compliance under the Safe Drinking Water Act (42 U.S.C.
300f et seq.). If the Agency does not implement one or more
of such recommendations, it is required to submit to the
Committees on Appropriations and Environment and Public Works
of the Senate and the Committees on Appropriations and Energy
and Commerce of the
[[Page H1865]]
House of Representatives a report explaining why the Agency
did not implement the recommendation, as well as identifying
specific actions the Agency is implementing to address the
concerns raised in the report.
Lead and Other Hazardous Materials.--The Agency is directed
to follow directives included in Senate Report 115-276
regarding standards for the identification of lead hazards.
In addition, within 180 days after enactment, the Comptroller
General of the United States shall issue a report on efforts
by the Department of Housing and Urban Development (HUD) and
EPA relating to the removal of lead-based paint and other
hazardous materials. The report must include: (1) a
description of direct removal efforts by HUD and EPA; (2) a
description of education provided by HUD and EPA to other
Federal agencies, local governments, communities, recipients
of grants made by either entity, and the general public
relating to the removal of lead-based paint and other
hazardous materials; (3) a description of assistance received
from other Federal agencies relating to the removal of lead-
based paint and other hazardous materials; and (4) any best
practices developed or provided by HUD and EPA relating to
the removal of lead-based paint and other hazardous
materials.
Pesticide Registration Improvement Act.--The Agency is
directed to follow the guidance contained under this heading
in Senate Report 115-276.
PFOA/PFAS.--The Conferees are aware that the Agency has
announced plans to take the next step under the Safe Drinking
Water Act process to evaluate the need for a maximum
contaminant level for per- and polyfluoroalkyl substances.
The Conferees support this action and urge the Agency to act
expeditiously on this matter. The Conferees direct the Agency
to brief the Committees within 60 days of enactment of this
Act about its plans for this action.
Regulation of Groundwater.--The Agency is directed to
continue following the guidance contained in the explanatory
statement accompanying Public Law 115-141. The Conferees
reiterate that, since enactment in 1972, the Clean Water Act
(CWA) has regulated effects to navigable waters, while
regulation of groundwater has remained outside of the Act's
jurisdiction. Instead, legislative history surrounding the
CWA indicates that Congress intended for groundwater
pollution to be regulated through the CWA's nonpoint source
program and other Federal and State laws.
Small Refinery Relief.--The Conferees continue the
directive contained in Senate Report 114-281 related to small
refinery relief. The Agency is reminded that, regardless of
the Department of Energy's recommendation, additional relief
may be granted if the Agency believes it is warranted.
Toxic Substances Control Act (TSCA) Modernization.--The
bill includes language that will enable EPA to collect and
spend new fees to conduct additional chemical reviews,
consistent with TSCA modernization legislation. Those fees
are expected to be $27,000,000 per year once the program is
fully implemented. The Congressional Budget Office estimates
that in fiscal year 2019 fee collections will begin several
months after the beginning of the fiscal year and will total
$5,000,000.
Transparency of Public Calendars.--It is appreciated that
the EPA has recently taken steps to improve transparency of
the daily calendars of the Agency's senior leaders. The
Agency is directed to continue to take all necessary steps to
comply with Senate Report 115-276 as it relates to the
transparency of public calendars.
Vehicle Idling Training.--The Conferees note that diesel
vehicle operators and businesses in the private sector have
reduced their vehicle fleet costs and improved air quality by
participating in programs that offer certifications for idle
reduction and fuel efficient driving programs. The Agency is
directed to conduct a cross-agency analysis to determine
which branches of government could achieve savings and
improve air quality by engaging in external programs,
including university extension programs that offer this
training.
Water Quality Certification.--The Conferees encourage the
Administrator to finalize guidance on the implementation of
Clean Water Act Section 401 (33 U.S.C. 1341).
hazardous waste electronic manifest system fund
The bill provides $8,000,000, which is expected to be fully
offset by fees for a net appropriation of $0.
office of inspector general
The bill provides $41,489,000 for the Office of Inspector
General.
buildings and facilities
The bill provides $34,467,000 for Buildings and Facilities.
hazardous substance superfund
(including transfers of funds)
The bill provides $1,091,947,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $8,778,000 to the Office of Inspector General
account and $15,496,000 to the Science and Technology
account. When combined with an additional $60,000,000 for the
Superfund Remedial program and an additional $8,000,000 for
the Superfund Emergency Response and Removal program in a
general provision in Title IV, the bill provides a total of
$1,159,947,000 for the Hazardous Substance Superfund. The
bill provides the following additional direction:
Enforcement.--The agreement provides $166,375,000 for
Superfund enforcement, equal to the fiscal year 2018 enacted
level. The Agency is directed to continue financial support
for the Department of Justice (DOJ) in fiscal year 2019 at a
level that will ensure DOJ can continue to initiate and
prosecute civil, judicial, and administrative site
remediation cases and ensure that responsible parties perform
cleanup actions at sites where they are liable.
Superfund Cleanup.--The agreement provides $721,740,000,
which is equal to the fiscal year 2018 enacted level. When
combined with an additional $68,000,000 in funds for the
Remedial Program and Emergency Response and Removal
activities, included in a Title IV general provision, the
bill provides a total of $789,740,000 for Superfund cleanup.
The Conferees also direct the Agency, within 180 days of
enactment of this Act, to submit a report on the status of
each time-critical removal action for which Federal funds
greater than $1,000,000 have been expended since January 1,
2017, along with information on the Federal cost of clean-up
efforts, whether responsible parties have faced criminal
charges, and the amount of recovered Federal dollars.
Sediment Guidance.--The Agency is directed to follow the
guidance contained under this heading in Senate Report 115-
276.
leaking underground storage tank trust fund program
The bill provides $91,941,000 for the Leaking Underground
Storage Tank Trust Fund Program.
inland oil spill programs
The bill provides $18,209,000 for Inland Oil Spill
Programs.
state and tribal assistance grants
The bill provides $3,605,041,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,528,000,000 in base funds for infrastructure assistance.
When combined with an additional $665,000,000 included in a
Title IV general provision, the bill provides a total of
$3,193,000,000 for infrastructure assistance. The amount
provided increases funding for the State Revolving Loan Funds
$880,000 above the fiscal year 2018 enacted level. The
agreement includes a total of $1,694,000,000 for the Clean
Water State Revolving Loan Fund and $1,164,000,000 for the
Drinking Water State Revolving Loan Fund.
Assistance to Small and Disadvantaged Communities.--Within
a Title IV general provision, the bill provides $25,000,000
to continue a grant program to help small and disadvantaged
communities develop and maintain adequate water
infrastructure. The program was created in section 2104 of
Public Law 114-322. The Agency is directed to brief the
Committees prior to publishing its request for applications
for this new grant program.
Reducing Lead in Drinking Water.--Within a Title IV general
provision, the bill provides $15,000,000 to continue a grant
program, created in section 2105 of Public Law 114-322, to
provide assistance to eligible entities for lead reduction
projects. The Agency is directed to brief the Committees
prior to publishing its request for applications related to
this new grant program.
Lead Testing.--Within a Title IV general provision, the
bill provides $25,000,000 to continue a grant program for
voluntary testing of drinking water for lead contaminants at
schools and child care facilities, as authorized in section
2107 of Public Law 114-322. The Agency is directed to brief
the Committees prior to publishing its request for
applications related to this new grant program.
Brownfields Program.--The bill provides $87,000,000 for
Brownfields grants and directs that at least 10 percent of
such grants be provided to areas in which at least 20 percent
of the population has lived under the poverty level over the
past 30 years as determined by censuses and the most recent
Small Area Income and Poverty Estimates.
Use of Iron and Steel.--The bill includes language in Title
IV General Provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects. The
agreement includes only the following guidance. The Conferees
acknowledge that EPA may issue a waiver of said requirements
for de minimis amounts of iron and steel building materials.
The Conferees emphasize that any coating processes that are
applied to the external surface of iron and steel components
that otherwise qualify under the procurement preference shall
not render such products ineligible for the procurement
preference regardless of where the coating processes occur,
provided that final assembly of the products occurs in the
United States.
Diesel Emission Reductions Grants (DERA).--The bill
provides $87,000,000 for DERA grants. For fiscal year 2019,
the Conferees direct the Agency to continue to make at least
70 percent of DERA grants available to improve air quality in
non-attainment areas.
Targeted Airshed Grants.--The bill provides $52,000,000 for
Targeted Airshed Grants. These grants shall be distributed on
a competitive basis to non-attainment areas that EPA
determines are ranked as the top five most polluted areas
relative to annual ozone or particulate matter 2.5 standards,
as well as the top five areas based on the 24-hour
particulate matter 2.5 standard where the design values
exceed the 35 mg/m3 standard. To determine these areas, the
Agency shall use the most recent design values calculated
from validated air quality data. The Conferees note that
these funds are available for
[[Page H1866]]
emission reduction activities deemed necessary for compliance
with national ambient air quality standards and included in a
State Implementation Plan submitted to EPA. Not later than
the end of fiscal year 2019, EPA should provide a report to
the Committees that includes a table showing how fiscal year
2017 and 2018 funds were allocated. The table also should
include grant recipients and metrics for anticipated or
actual results.
Animas River Spill.--EPA is directed to follow directives
included in Senate Report 115-276 related to the Animas River
and the Gold King Mine spill. In addition, the bill provides
$4,000,000 for fiscal year 2019 for long-term water quality
monitoring of the Animas River.
Categorical Grants.--The bill provides $1,077,041,000 for
Categorical Grants. Funding levels are specified in the table
at the end of this division. Within this amount, the Beaches
Protection program and Radon program are both maintained at
the fiscal year 2018 enacted levels. The Agency shall
continue to allocate radon grants in fiscal year 2019
following the direction in House Report 114-632.
Categorical Grant: State and Local Air Quality
Management.--The bill provides $228,219,000. The Agency is
directed to allocate funding follow the guidance contained in
Senate Report 115-276.
water infrastructure finance and innovation program account
The bill provides a total of $68,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
Within base funding in Title II, the bill provides
$10,000,000 for the WIFIA program, and a Title IV general
provision provides an additional $58,000,000 for the program.
By utilizing $5,000,000 in base funds and $3,000,000 in Title
IV funds, the Agency may use up to a total of $8,000,000 to
assist with the administrative expenses for the program. The
remaining $60,000,000 in WIFIA funds is provided to subsidize
direct loans, which may translate into a potential loan
capacity greater than $7,000,000,000 for eligible entities
for water infrastructure projects.
The Conferees encourage the Agency to prioritize
applications for WIFIA financing for projects that address
lead and emerging contaminants, including PFOA and PFAS.
administrative provisions--environmental protection agency
(including transfers and rescission of funds)
The bill continues several administrative provisions from
previous years.
Rescission.--The bill rescinds $139,078,000 in unobligated
balances from the State and Tribal Assistance Grants account.
The Agency shall calculate the requisite percent reduction
necessary to rescind such amounts from new obligational
authority provided to this account, both from the direct
appropriation and from amounts provided in a general
provision in Title IV, and apply it across program project
areas by formula. The Agency is directed to submit, as part
of the operating plan, detail on the application of such
rescissions by program project area.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
Office of the Under Secretary for Natural Resources and Environment
The bill provides $875,000 for the Office of the Under
Secretary for Natural Resources and Environment.
Forest Service Accounting, Budgeting, and Management.--The
Conferees appreciate the Service's efforts to improve its
accounting, budgeting, and management practices and look
forward to working with the Service, Office of Budget and
Program Analysis, Under Secretary for Natural Resources and
Environment, and Secretary of Agriculture to continue these
improvements. The Conferees are particularly interested in
the Service's plan to transition away from Cost Pools and
remind the Service that a plan is required within 180 days of
enactment of P.L. 115-141.
Forest Service Directives.--The Forest Service is reminded
of the importance of the directives included in the
explanatory statement to accompany P.L. 115-141, House Report
115-765, and Senate Report 115-276 that are not specifically
addressed herein, as well as the new directives in this
statement, including the front matter.
Wildland Fire Management.--The Consolidated Appropriations
Act, 2018 (P.L. 115-141) provided a budget cap adjustment for
wildfire suppression costs and included forest management
reforms. The Conferees remind the Service and the Secretary
of Agriculture of the multi-year effort to achieve these
budget and legislative changes and expect that all
authorities will be appropriately used to improve the
condition of the Nation's forests, as well as the ability of
the Service to proactively manage and sustain them for future
generations. The Conferees also remind the Service of their
expectations for more accurate accounting for wildfire
suppression costs, especially in light of the availability of
the cap adjustment in fiscal year 2020. The Conferees are
hopeful that the Secretary's Shared Stewardship initiative
will result in better forest management, healthier forests,
and an increase in the number of fire-adapted communities.
Report on Partnerships.--Within 180 days of enactment of
this Act, the Conferees request a detailed report on the
funding the Service has provided to the National Forest
Foundation and National Fish and Wildlife Foundation for each
of the past 10 fiscal years. The report also should include
information on the specific projects and activities, other
partners involved, and the Foundations' administrative
operations that were supported by these funds.
Conservation Finance.--The Conferees encourage the Service
to continue conservation finance efforts to leverage non-
Federal investments in outcome-focused projects, promote
collaboration with public and private sector partners, and
utilize new tools to accelerate the pace and scale of forest
management activities.
Reprogramming.--The Conferees remind the Service to follow
the letter and spirit of the reprogramming requirements in
this explanatory statement and direct the Service to submit
requests through the Office of Budget and Program Analysis.
Forest and Rangeland Research
The agreement provides $300,000,000 for Forest and
Rangeland Research. This includes $223,000,000 for base
research activities and $77,000,000 for Forest Inventory and
Analysis. The Service is directed to provide $3,000,000 to
the Joint Fire Science Program for fiscal year 2019.
The Conferees note the interest of Members of Congress,
States, forestry and research associations, industry, and
researchers in the Service's various research programs,
projects, and activities. The Conferees believe Congress
should broadly define the highest priority research goals,
and that the Service should formulate the specific programs,
projects, and activities to achieve them. The Conferees
expect the Service to complete the review and restructuring
of the research program, as directed by House Report 115-765
and Senate Report 115-276, prior to the end of the second
quarter of fiscal year 2019. The Conferees look forward to
reviewing the Service's plan for strengthening its research
program and note that they will adjust the directions
regarding forestry research as needed in the future.
The Conferees direct the Service to prioritize data
collection and analysis on U.S. forests; research to support
land affected by wildland fire; post-fire analysis; research
to support the National Forest System; and research related
to forest products for fiscal year 2019.
The Service is directed to provide information to the
Committees regarding the mission of the Southern Research
Station Pineville Research Facility and the viability of
continued wood utilization research at that site within 60
days of enactment of this Act.
The Service is directed to provide a report regarding its
current and planned research on issues and risks related to
firefighter health and safety in wildlands and wildland urban
interface within 90 days of enactment of this Act. The report
should include detailed budget information and identify gaps
in knowledge and potential remedies to address them.
State and Private Forestry
(including rescission of funds)
The agreement provides $335,487,000 for State and Private
Forestry.
Cooperative Forestry Activities.--The Conferees direct the
Service to continue focus on spruce beetle, Emerald Ash
Borer, and bark beetle infestations, which affect forests
throughout the Nation.
The Service is expected to follow the Senate direction on
wood energy technical assistance, herein.
Forest Legacy.--The bill provides $63,990,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $57,590,000 for projects. The Service
should fund projects in priority order according to the
updated, competitively selected national priority list
submitted to the Committees and the directive contained in
Division G of the explanatory statement accompanying Public
Law 115-141, the Consolidated Appropriations Act, 2018. The
Conferees include a rescission of $1,503,000 in Forest Legacy
funds. This funding rescission is from cost savings of some
projects and funds returned from failed or partially failed
projects.
The Conferees are concerned with the Service's ability to
provide timely information on project status and available
balances and expect the Service to be able to provide this
information expeditiously moving forward. Ensuring project
recordkeeping is accurate must be a top priority in fiscal
year 2019.
National Forest System
The agreement provides $1,938,000,000 for the National
Forest System.
Hazardous Fuels.--The agreement provides $435,000,000 for
hazardous fuels management activities within the National
Forest System account. Included in this amount is $3,000,000
for the Southwest Ecological Restoration Institutes.
Ouachita National Forest.--The Service is directed to
conduct an inventory and evaluation of land generally
depicted on the map entitled ``Flatside Wilderness Adjacent
Inventory Area'', dated November 30, 2017, to determine the
suitability of that land for inclusion in the National
Wilderness Preservation System.
Gifford Pinchot National Forest.--In lieu of the directive
in House Report 115-765, the Conferees encourage the Service
and all interested parties to work together regarding the use
of all-terrain vehicles in the forest.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $446,000,000 for Capital Improvement
and Maintenance programs.
[[Page H1867]]
Legacy Roads and Trails.--While these projects are to be
addressed as they rank in priority along with other
infrastructure needs, the Service is directed to continue to
track Legacy Roads and Trails accomplishments, including
miles of roads and trails improved, miles of streams
restored, number of bridges and culverts constructed, and
miles of road decommissioned.
Requested Reports.--The Conferees request a report
regarding options to improve parking and access to the
Cleveland National Forest within 180 days of enactment of
this Act. The Service should consult with the State of
California, communities surrounding the forest, and private
partners for their input and recommendations. The Conferees
also request a report on its efforts to address road
construction and maintenance issues in the Uwharrie National
Forest within 30 days of enactment of this Act.
Comprehensive Capital Improvement Plan.--The Service is
reminded of the directive included in the explanatory
statement accompanying P.L. 115-141 that required the
development of a long-term, multi-year plan to guide needed
investments in buildings, facilities, transportation systems,
and other infrastructure by December 30, 2018. The Conferees
look forward to reviewing the plan and expect the Service to
utilize the plan in formulating future budget requests. The
annual budget justification documents should detail the
amounts requested for new construction, maintenance,
decommissioning, and other activities for the Facilities,
Roads and Trails programs.
LAND ACQUISITION
The agreement provides $72,564,000 for Land Acquisition.
The amounts provided by this bill for projects are shown in
the table below, listed in priority order pursuant to the
project list received for fiscal year 2019. The agreement
supports the continuation of Forest Service and nonprofit
partner efforts to resolve Superior National Forest school
trust land management using the private forestland
alternative. Further instructions are contained under the
Land and Water Conservation Fund heading in the front of this
explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Project Forest Unit This Bill
----------------------------------------------------------------------------------------------------------------
MT............................... Beavertail to Lolo............... $3,800,000
Bearmouth.
CA............................... Sierra Nevada Tahoe/El Dorado.... 2,500,000
Checkerboard.
OR............................... Wasson Creek....... Siuslaw............ 3,422,000
MN............................... MN School Trust Superior........... 5,000,000
Lands.
OH............................... Appalachian Wayne.............. 1,800,000
Foothills.
CA............................... Trinity Divide- Shasta-Trinity..... 3,200,000
Pacific Crest NST.
AK............................... Cube Cove.......... Tongass............ 5,200,000
WA............................... Washington Cascades/ Okanogan-Wenatchee. 4,000,000
Yakima River.
MT............................... Swan Range......... Lolo............... 4,000,000
VT............................... Rolston Rest....... Green.............. 2,700,000
SD............................... Spring Creek....... Black Hills........ 1,410,000
CO............................... Union Creek........ Grand Mesa/ 2,000,000
Uncompahgre/
Gunnison.
AZ............................... Verde River String Coconino/Prescott.. 3,430,000
of Pearls.
NC............................... North Carolina Nanatahala/Pisgah/ 750,000
Threatened Uwharrie.
Treasures.
TN............................... Tennessee Mountain Cherokee........... 850,000
Trails and Waters.
MT............................... Clearwater- Lolo............... 5,000,000
Blackfoot Project.
VA/WV............................ George Washington George Washington 1,000,000
and Jefferson NF. and Jefferson.
CA............................... Sanhedrin.......... Mendocino.......... 3,900,000
SC............................... Promise of the Sumter............. 2,000,000
Piedmont.
AL............................... Alabama's Wild National Forests of 2,000,000
Wonders. Alabama.
----------------
Subtotal, FS 57,962,000
Land Acquisitions.
Budget This Bill
Request
Acquisition 0 7,352,000
Management.
Recreational Access 0 5,000,000
Critical Inholdings/ 0 2,000,000
Wilderness.
Cash Equalization.. 0 250
Rescission of Funds -17,000,000 0
---------------------------------
Total, FS Land -17,000,000 72,564,000
Acquisition.
----------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The agreement provides $700,000 for the Acquisition of
Lands for National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The agreement provides $150,000 for the Acquisition of
Lands to Complete Land Exchanges.
RANGE BETTERMENT FUND
The agreement provides $1,700,000 for the Range Betterment
Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The agreement provides $45,000 for Gifts, Donations and
Bequests for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The agreement provides $2,500,000 for the Management of
National Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The agreement provides a total of $3,004,986,000 for Forest
Service Wildland Fire Management. Of the funds provided,
$1,665,366,000 is for suppression operations, which includes
an additional $500,000,000 above the 10-year average.
Department of Health and Human Services
Indian Health Service
Indian Health Services
The bill provides a total of $5,804,223,000 for the Indian
Health Service (IHS), of which $4,103,190,000 is for the
Services account as detailed below. All programs, projects,
and activities are maintained at fiscal year 2018 enacted
levels unless otherwise specified below. The Service is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 115-765
and Senate Report 115-276, unless otherwise specified below.
Additional details, instructions, and requirements follow
below and in the table at the end of this division.
Staffing for New Facilities.--The agreement includes
$103,931,000 for staffing newly opened health facilities,
which is the full amount based upon updated estimates
provided to the Committees. Funds for the staffing of new
facilities are limited to facilities funded through the
Health Care Facilities Construction Priority System or the
Joint Venture Construction Program that have opened in fiscal
year 2018 or will open in fiscal year 2019. None of these
funds may be allocated to a facility until such facility has
achieved beneficial occupancy status.
Hospitals and Health Clinics.--The agreement provides
$2,147,343,000 for hospitals and health clinics, and includes
$36,000,000 for operations and maintenance of village built
and tribally leased clinics, and $4,000,000 for domestic
violence prevention. The Conferees are aware of ongoing
litigation between the Cherokee Nation and the United
Keetoowah Band of Cherokee Indians. The Conferees are neutral
on this matter and have provided the request of $1,969,000
for new Tribes. The agency is expected to consult with both
parties before disbursing funds.
Dental Health.--The agreement provides $204,672,000 for
dental health and includes the requested transfer of $800,000
from direct operations. The Service is directed to backfill
vacant dental health positions in headquarters.
Mental Health.--The agreement provides $105,281,000 for
mental health programs and includes $6,946,000 to continue
behavioral health integration and $3,600,000 to continue the
suicide prevention initiative.
Alcohol and Substance Abuse.--The agreement provides
$245,566,000 for alcohol and substance abuse programs and
includes: $6,500,000 for the Generation Indigenous
initiative; $1,800,000 for the youth pilot project; and
$2,000,000 to fund essential detoxification and related
services provided by the Service's public and private
partners to IHS beneficiaries. The Conferees expect the
Service to continue its partnership with the Na' Nizhoozhi
Center in Gallup, New Mexico, as directed by the Consolidated
Appropriations Act, 2017, and to distribute funds provided
for detoxification services in the same manner as in fiscal
year 2017. The Conferees believe that Service and Tribally
operated facility participation in state prescription drug
monitoring programs can help to combat the abuse of drugs
like opioids and direct the agency to provide the report
required by Senate Report 115-276 on this issue.
Opioid Grants.--To better combat the opioid epidemic, the
Conferees have included an increase of $10,000,000 and
instruct the Service, in coordination with the Assistant
Secretary for Mental Health and Substance Use, to use the
additional funds provided above the fiscal year 2018 level to
create a Special Behavioral Health Pilot Program modeled
after the Special Diabetes Program for Indians. This Special
Behavioral Health Pilot Program for Indians shall be
developed after appropriate Tribal consultation and should
support the development, documentation, and sharing of more
locally-designed and culturally appropriate prevention,
treatment, and aftercare services for mental health and
substance use disorders in Tribal and urban Indian
communities. The Director of the Indian Health Service, in
coordination
[[Page H1868]]
with the Assistant Secretary for Mental Health and Substance
Use, shall award grants for providing services, and provide
technical assistance to grantees under this section to
collect and evaluate performance of the program.
Purchased/Referred Care.--The Conferees recognize the
strong need for Purchased/Referred Care funding across Indian
Country, particularly in areas that lack Indian Health
Service facilities. The Conferees further recognize the
Service's continued pro rata allocation of any increases
provided for population growth and inflation, regardless of
any population growth or cost-of-living differences among
areas, as documented by the Government Accountability Office
(GAO-12-466). Consistent with GAO recommendations, the
Conferees encourage the Service to consider allocating any
future budget increases using the allocation formula
established in consultation with the Tribes.
Urban Indian Health.--The agreement provides $51,315,000
for urban Indian health and includes a $2,000,000 general
program increase. The Service is expected to continue to
include current services estimates for urban Indian health in
future budget requests.
Indian Health Professions.--The agreement provides
$57,363,000 for Indian health professions and includes bill
language allowing up to $44,000,000 for the loan repayment
program. The agreement provides an increase of $195,000 to
expand the Indians into Medicine program to four sites.
Funding for the Quentin N. Burdick American Indians into
Nursing Program and the American Indians into Psychology
Program is continued at no less than the fiscal year 2018
enacted levels.
Maternal and Child Health.--The Conferees support the
hiring of a national maternal/child health coordinator as a
top priority for the Office of Clinical and Preventive
Services and await the report required in House Report 115-
765.
Contract Support Costs
The bill continues language from fiscal year 2018
establishing an indefinite appropriation for contract support
costs estimated to be $822,227,000, which is equal to the
request. By retaining an indefinite appropriation for this
account, additional funds may be provided by the agency if
its budget estimate proves to be lower than necessary to meet
the legal obligation to pay the full amount due to Tribes.
The Conferees believe fully funding these costs will ensure
Tribes have the necessary resources they need to deliver
program services efficiently and effectively.
Indian Health Facilities
The bill provides $878,806,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2018 enacted levels unless
otherwise specified below.
Staffing for New Facilities.--The agreement includes
$11,302,000 for staffing newly opened health facilities,
which is the full amount based upon updated estimates
provided to the Committees. The stipulations included in the
``Indian Health Services'' account regarding the allocation
of funds pertain to this account as well.
Health Care Facilities.--The Conferees remain dedicated to
providing access to health care for IHS patients across the
system. IHS is expected to aggressively work down the current
Health Facilities Construction Priority System list. In
addition, within 180 days of enactment of this Act, the
Service is directed to publish the gap analysis directed by
House Report 115-238 so that the Committees can more
accurately determine facilities needs across the IHS system.
Indian Health Care Improvement Act Demonstration
Authorities.--The Conferees direct the Service to provide a
report within 180 days of enactment of this Act identifying
the criteria the agency will use for ranking projects funded
through demonstration authorities provided in the most recent
reauthorization of the Indian Health Care Improvement Act
should funds become available in future fiscal years. The
Service is encouraged to consider as one factor the location
of existing or proposed facilities and the distance that
patients must travel to receive the same or similar services.
Health Facilities Requirements in Alaska.--The Service is
directed to work with appropriate Tribal organizations and
submit a report to the Committees within 180 days of this Act
that includes an assessment of updated facilities needs in
the State of Alaska as well as recommendations for
alternative financing options which could address the need
for additional health care facilities space suitable to meet
the current and future health care needs of IHS beneficiaries
in the State.
National Institutes of Health
National Institute of Environmental Health Sciences
The agreement provides $79,000,000 for the National
Institute of Environmental Health Sciences. This includes an
increase of $1,500,000 for the Superfund Research Program and
$151,000 for the Worker Training Program.
Agency for Toxic Substances and Disease Registry
Toxic Substances and Environmental Public Health
The agreement provides $74,691,000 for the Agency for Toxic
Substances and Disease Registry.
The Conferees direct the Agency to focus on its core
mission of assessing hazardous exposures and understand the
Agency does not consider the presence or absence of
litigation when evaluating the need for a public health
assessment. The Conferees encourage the Agency to maintain
professional and scientific independence regarding its
selection of sites for assessment while following its
statutory mandate to work with communities.
Areas with High Incidence of Pediatric Cancer.--Within 180
days of enactment, ATSDR, in consultation with other
components of the Department of Health and Human Services
(HHS), is directed to submit to the Senate Appropriations and
Health, Education, Labor, and Pensions Committees and House
Appropriations and Energy and Commerce Committees a report
that provides details on the geographic variation in
pediatric cancer incidence in the United States. Such report
must include: (1) the types of pediatric cancer within each
of the 10 States with the highest age-adjusted incidence rate
of cancer among persons less than 20 years old; (2)geographic
distribution of pediatric cancer types within each such
State, in accordance with Centers for Disease Control and
Prevention guidelines; and (3) an update on current
activities related to pediatric cancer, including with
respect to carrying out section 399V-6 of the Public Health
Service Act (42 U.S.C. 280g-17). In addition, HHS is
encouraged to conduct public outreach, in collaboration with
State departments of health, particularly in the 10 States
with the highest age-adjusted incidence rate of cancer among
persons aged less than 20 years old, to improve awareness by
residents, clinicians, and others, as appropriate, of
possible contributing factors to pediatric cancer, including
environmental exposures, in a manner that is complementary
of, and does not conflict with, ongoing pediatric cancer-
related activities supported by HHS. Finally, the Secretary
of HHS is directed to ensure that all information with
respect to patients that is contained in the reports under
this section is de-identified and protects personal privacy
of such patients in accordance with applicable Federal and
State privacy law.
OTHER RELATED AGENCIES
Executive Office of the President
Council on Environmental Quality and Office of Environmental Quality
The agreement provides $2,994,000 for the Council on
Environmental Quality and Office of Environmental Quality.
Chemical Safety and Hazard Investigation Board
Salaries and Expenses
The agreement provides $12,000,000 for the Chemical Safety
and Hazard Investigation Board.
Office of Navajo and Hopi Indian Relocation
Salaries and Expenses
(Including Transfer of Funds)
The bill provides $8,750,000 for the Office of Navajo and
Hopi Indian Relocation (ONHIR), of which $1,000,000 is to be
transferred to the Department of the Interior, Office of
Inspector General, for a comprehensive audit of ONHIR's
finances and any related investigations that are necessary in
preparation for the eventual transfer of responsibilities to
the Department when ONHIR closes.
The agreement continues the direction provided in the
explanatory statement accompanying Division G of the
Consolidated Appropriations Act, 2017, P.L. 115-31. The
Conferees remain committed to bringing the relocation process
to an orderly conclusion and ensuring all eligible relocatees
receive the relocation benefits to which they are entitled.
Consultation with all affected parties and agencies is the
key to a transparent, orderly closeout. The statute provides
for termination of ONHIR when the President determines its
functions have been fully discharged. That determination
requires development of a comprehensive plan. The Conferees
expect to receive a progress report on development of this
plan within 90 days of enactment of this Act.
Institute of American Indian and Alaska Native Culture and Arts
Development
Payment to the Institute
The bill provides $9,960,000 for fixed costs and academic
program requirements of the Institute of American Indian
Arts.
Smithsonian Institution
Salaries and Expenses
The agreement provides a total of $1,043,497,000 for all
Smithsonian Institution accounts, of which $739,994,000 is
provided for salaries and expenses. The Conferees maintain
their longstanding commitment to the preservation of
priceless, irreplaceable Smithsonian collections and have
provided funds for collections care and preservation. The
Conferees continue their longstanding support for the
National Museum of African American History and Culture
(NMAAHC). Within amounts provided for salaries and expenses,
the NMAAHC is fully funded. The Conferees provide funds for
the Institution's Latino initiatives and support the
Smithsonian Latino Center's goal of promoting the inclusion
of Latino contributions in Smithsonian Institution programs,
exhibitions, collections, and public outreach. The Conferees
continue to urge collaboration between the Smithsonian Latino
Center and appropriate Federal and local organizations in
order to advance these goals and expand the American Latino
presence at the Institution. Further, the Conferees provide
funds
[[Page H1869]]
for the Institution's Asian Pacific American initiatives and
continue to support the Institution's efforts of developing
programs and expanding outreach to promote a better
understanding of the Asian Pacific American experience.
Additionally, the agreement provides $2,000,000 for the
American Women's History Initiative within Institution-wide
programs.
The Conferees understand that over the last few years
several museums have been closed due to renovations and the
Institution has shifted resources to address certain needs;
however, today these museums have reopened resulting in
increased costs that were not accounted for in the budget
request. The Conferees provide $2,500,000 above the budget
request for facilities security and remind the Institution
that if funding priorities change, there is the opportunity
to request the reprogramming of funds as outlined in the
reprogramming guidelines contained at the front of this
explanatory statement. The agreement also provides $2,500,000
in new funding for facilities maintenance requirements.
Facilities Capital
The agreement provides $303,503,000 for the Facilities
Capital account, with $286,503,000 provided for
revitalization and $17,000,000, as requested, provided for
facilities planning and design. The agreement includes
$210,000,000 for the National Air and Space Museum
revitalization effort and $76,503,000 for major
revitalization projects included in the budget request.
National Air and Space Museum Revitalization.--The
Conferees support the multi-year, multi-phase renovation of
the National Air and Space Museum (NASM) and include
$210,000,000 for this critical revitalization effort. The
Institution is directed to follow the reprogramming
guidelines contained in this explanatory statement and may
not redirect the use of these funds for other capital
projects without prior approval of the Committees. Given the
scale of the project, the Conferees direct the Institution
to make available to the Committees on a timely basis the
most updated and comprehensive information on project and
funding requirements. The Government Accountability Office
is directed to continue its review and analysis of the
project's cost estimates, as directed in the Consolidated
Appropriation Act, 2017 (P.L. 115-31). The Institution is
directed to submit to the House and Senate Committees on
Appropriations, within 60 days of enactment of this Act, a
detailed list and description of projects funded within
the Facilities Capital account.
National Gallery of Art
Salaries and Expenses
The agreement provides $144,202,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,640,000 is for the special exhibition program.
Repair, Restoration, and Renovation of Buildings
The agreement provides $24,203,000 for the Repair,
Restoration, and Renovation of Buildings account and includes
funds to complete the repairs of the East Building atrium
skylights.
John F. Kennedy Center for the Performing Arts
Operations and Maintenance
The agreement provides $24,490,000 for the Operations and
Maintenance account.
Capital Repair and Restoration
The agreement provides $16,800,000 for the Capital Repair
and Restoration account. Funds provided above the request are
to address critical safety, security, and capital repair and
restoration needs.
Woodrow Wilson International Center for Scholars
Salaries and Expenses
The agreement provides $12,000,000 for the Woodrow Wilson
International Center for Scholars.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
Grants and Administration
The agreement provides $155,000,000 for the National
Endowment for the Arts
(NEA) to continue the important work of the Endowment.
Changes to the enacted level are included in the table at the
end of this explanatory statement. The agency is strongly
encouraged to use the increases provided for direct grants to
expand its Creative Forces: Military Healing Arts Network and
to increase grants made available to Tribes and to rural and
underserved areas. The Conferees continue to support the
expansion of this successful program to assist service
members and their families in their recovery, reintegration,
and transition to civilian life. The Conferees remind NEA of
the directives included in House Report 115-765 and Senate
Report 115-276 regarding the collaborative relationship among
NEA and the States, priorities, and allocation to State arts
agencies.
National Endowment for the Humanities
Grants and Administration
The agreement provides $155,000,000 for the National
Endowment for the Humanities (NEH) to continue the important
work of the Endowment. Changes to the enacted level are
included in the table at the end of this explanatory
statement. The agency is expected to use increases provided
to expand its work with Tribes to preserve Native languages
and culture as detailed below as well as to support other
local history preservation initiatives. The Conferees remind
NEH of the directives contained in House Report 115-765 and
Senate Report 115-276 regarding support for veterans,
American Indian and Alaska Native programs, the collaborative
relationship among NEH and the States and Territories, and
work with State humanities councils.
Commission of Fine Arts
Salaries and Expenses
The agreement provides $2,771,000 for the Commission of
Fine Arts.
National Capital Arts and Cultural Affairs
The agreement provides $2,750,000 for the National Capital
Arts and Cultural Affairs program.
Advisory Council on Historic Preservation
Salaries and Expenses
The agreement provides $6,890,000 for the Advisory Council
on Historic Preservation.
National Capital Planning Commission
Salaries and Expenses
The agreement provides $8,099,000 for the National Capital
Planning Commission.
United States Holocaust Memorial Museum
Holocaust Memorial Museum
The agreement provides $59,000,000 for the United States
Holocaust Memorial Museum. Within the amount provided,
$2,000,000 is included to build upon the capital improvement
initiative begun in fiscal year 2018.
Dwight D. Eisenhower Memorial Commission
Salaries and Expenses
The agreement provides $1,800,000 for the Salaries and
Expenses account.
Women's Suffrage Centennial Commission
Salaries and Expenses
The agreement includes $1,000,000 for the Women's Suffrage
Centennial Commission. The Conferees note Congress has
supported funding for three fiscal years so that the
Commission can plan, execute, and coordinate programs and
activities in honor of the 100th anniversary of the passage
and ratification of the Nineteenth Amendment to the U.S.
Constitution, which guaranteed women the right to vote.
However, the Commission has not yet been established with the
necessary quorum of seven members to select a chair, hire an
executive director, and begin operations. The Conferees are
concerned that further delay will hinder the development and
execution of programs and activities to remember the August
18, 1920, ratification and strongly encourage all Members and
Offices, including those in the Executive Branch, to appoint
their nominees to the Commission as soon as possible.
World War I Centennial Commission
Salaries And Expenses
The bill provides $7,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
TITLE IV--GENERAL PROVISIONS
(Including Transfers of Funds)
The agreement includes various legislative provisions in
Title IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2019.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of a forest plan, provided that the
Secretary is working in good faith to complete the plan
revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaska western red and yellow cedar.
Section 411 continues a provision which prohibits no-bid
contracts.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
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Section 416 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 417 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 418 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 419 continues a provision through fiscal year 2020
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 420 extends certain authorities through fiscal year
2019 allowing the Forest Service to renew grazing permits.
Section 421 prohibits the use of funds to maintain or
establish a computer network unless such network is designed
to block access to pornography websites.
Section 422 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 423 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 424 prohibits the use of funds to destroy any
building or structures on Midway Island that have been
recommended by the U.S. Navy for inclusion in the National
Register of Historic Places.
Section 425 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 426 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 427 provides a one-year extension of the Federal
Lands Recreation Enhancement Act.
Section 428 addresses carbon emissions from forest biomass.
Section 429 makes additional investments in water
infrastructure priorities and Superfund emergency response,
removal, and long-term cleanup remediation.
Section 430 addresses the use of small remote incinerators
in the State of Alaska.
Section 431 addresses section 404 of the Federal Water
Pollution Control Act.
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DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
In implementing this conference agreement, Federal
departments, agencies, commissions, and other entities are
directed to comply with the directives, reporting
requirements, and instructions contained in H. Rept. 115-829
(House report) accompanying H.R. 6385 (House bill) and S.
Rept. 115-282 (Senate report) accompanying S. 3108 (Senate
bill) as though stated in this joint explanatory statement,
unless specifically directed to the contrary.
This joint explanatory statement, while repeating some
House and Senate report language for emphasis or
clarification, does not negate language in such reports
unless expressly provided herein. Language expressing an
opinion or making an observation in the House or Senate
reports represents the view of the respective committee
unless specifically endorsed in this joint explanatory
statement. In cases in which the House and Senate reports
provide contradictory directives or contradictory
instructions that are not addressed in this joint explanatory
statement, such directives or instructions are negated.
Reports required to be submitted pursuant to the Act,
including reports required by this joint explanatory
statement and the House and Senate reports, may not be
consolidated to include responses to multiple requirements in
a single report, except following consultation with the
Committees on Appropriations.
In lieu of the tables and allocations of funding contained
in the House and Senate reports, the tables and such
allocations contained in this joint explanatory statement
shall guide departments, agencies, commissions, and other
entities when allocating funds.
Section 7019 of the Act requires that amounts designated in
the respective tables referenced in this joint explanatory
statement for funds appropriated in titles III through V,
including tables in title VII, shall be made available in
such designated amounts, unless otherwise provided for in the
Act, and shall be the basis of the report required by section
653(a) of the Foreign Assistance Act of 1961 (FAA) (the
653(a) report), where applicable. The section also includes
limited authority to deviate from such specified amounts and
continues language similar to prior years including
exceptions to the application of the requirements of such
section for amounts designated in tables included in this
joint explanatory statement for International Military
Education and Training, Global Health Programs, and Economic
Support Fund/Global Programs, funds for which the initial
period of availability has expired, amounts designated by the
Act as minimum funding requirements, and funds made available
for a country pursuant to sections 7043(c), 7047(d), and
7071(b) of the Act.
Proposed deviations from tables in titles I and II in this
joint explanatory statement are subject to the regular
notification procedures of the Committees on Appropriations,
unless an exception or deviation authority is specifically
provided herein.
For the purposes of this joint explanatory statement, the
term ``prior Acts'' means prior Acts making appropriations
for the Department of State, foreign operations, and related
programs. In addition, any reference to ``division K of
Public Law 115-141'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018,
and any reference to ``division J of Public Law 115-31''
means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017.
For purposes of the Act and joint explanatory statement,
the term ``regular notification procedures of the Committees
on Appropriations'' means such Committees are notified not
less than 15 days in advance of the obligation of funds. The
Secretary of State and USAID Administrator are directed to
submit notifications for the obligation of funds made
available by the Act and prior Acts not later than 60 days
prior to the expiration of such funds.
Congressional notifications submitted by the Secretary of
State and USAID Administrator for funds that are being
reallocated prior to initial obligation, reprogrammed, or
reobligated after deobligation, shall, to the maximum extent
practicable, contain detailed information about the sources
of the funds and why such funds are no longer intended to be
used as previously justified.
For purposes of the Act, the term ``prior consultation''
means a pre-decisional engagement between a relevant Federal
agency and the Committees on Appropriations during which the
Committees are provided a meaningful opportunity to provide
facts and opinions to inform: (1) the use of funds; (2) the
development, content, or conduct of a program or activity; or
(3) a decision to be taken. Direction to consult with the
``Committee'' in either the House or Senate reports shall
mean to consult with the Committees on Appropriations.
In the Act, the term ``stabilization assistance'' has the
same meaning as defined by the Stabilization Assistance
Review in ``A Framework for Maximizing the Effectiveness of
U.S. Government Efforts to Stabilize Conflict-Affected Areas,
2018.''
As in prior fiscal years, additional funding designated as
Overseas Contingency Operations/Global War on Terrorism (OCO/
GWOT) pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 (BBEDCA) is contained in title VIII of
the Act. Such funds are intended to address the extraordinary
costs of operations and assistance in countries in conflict
and areas of instability and violence, particularly in the
Middle East, South Asia, and Africa; security, stabilization,
and peacekeeping programs; humanitarian activities; and
counterterrorism and counterinsurgency efforts.
The Secretary of State shall comply with the directive
under section 7015 in the House report regarding the transfer
or release of any individuals detained at Naval Station,
Guantanamo Bay, Cuba in the manner described.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The conference agreement provides $9,047,657,000 for
Administration of Foreign Affairs in this title, and an
additional $3,280,871,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA. The conference
agreement includes a total of $6,071,348,000 for embassy
security in this title and title VIII, as contained in the
table below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Worldwide Security Protection.............................. 4,095,899
Embassy Security, Construction, and Maintenance............ 1,975,449
------------
Total.................................................. 6,071,348
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The conference agreement provides $5,947,952,000 for
Diplomatic Programs in this title, and an additional
$3,225,971,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
Within the total provided under this heading in this title,
up to $1,469,777,000 is for Worldwide Security Protection
(WSP) and may remain available until expended; and
$4,478,175,000 is for operations, of which $671,726,000 may
remain available until September 30, 2020.
Funds appropriated by the Act for activities, bureaus, and
offices under this heading in this title are allocated
according to the following table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Category Budget Authority
------------------------------------------------------------------------
Human Resources....................................... 2,871,794
Worldwide Security Protection..................... [528,000]
Overseas Programs..................................... 1,338,227
Diplomatic Policy and Support......................... 773,847
Security Programs..................................... 964,084
Worldwide Security Protection..................... [941,777]
-----------------
Total......................................... 5,947,952
-------------------------------------------------------
Bureau/Office
[Includes salary and bureau-managed funds]
-----------------
Bureau of Administration:
Freedom of Information Act........................ [33,960]
Ambassadors Fund for Cultural Preservation............ 6,250
Cultural Antiquities Task Force....................... 1,000
Bureau of Democracy, Human Rights, and Labor:......... 42,020
Human Rights Vetting.............................. [10,000]
Office of International Religious Freedom......... [6,500]
of which, religious freedom curriculum development [500]
Special Envoy to Promote Religious Freedom of [2,000]
Religious Minorities in the Near East and South
Central Asia.....................................
Atrocities Prevention Training.................... [500]
Special Advisor for International Disability [445]
Rights...........................................
[[Page H1935]]
Bureau of European and Eurasian Affairs:
Office of the Special Envoy for Holocaust Issues.. [750]
Bureau of Economic and Business Affairs:
Office of Terrorism Financing and Economic [6,100]
Sanctions Policy.................................
Bureau of Oceans and International Environmental and 41,859
Scientific Affairs...................................
Office of the Legal Advisor:
Document Review Unit.............................. [2,889]
Office to Monitor and Combat Trafficking in Persons... 13,822
Bureau of Political-Military Affairs:
Office of Weapons Removal and Abatement........... [3,609]
Office of the Secretary:
Office of Global Women's Issues................... [6,766]
Office of the Coordinator for Cyber Issues........ [5,497]
Undersecretary for Civilian Security, Democracy, [2,695]
and Human Rights.................................
Special Coordinator for Tibetan Issues............ [1,000]
Ambassador at Large for Global Criminal Justice... [3,750]
Office to Monitor and Combat Anti-Semitism........ [350]
------------------------------------------------------------------------
Funds allocated for offices and programs under the bureaus
listed in the table under this heading that exceed the 2019
congressional budget justification levels for such offices
and programs are in addition to funds otherwise made
available for such bureaus.
Bureau of Diplomatic Security Staffing.--The conference
agreement includes $528,000,000 for salaries for the Bureau
of Diplomatic Security (DS). Such funds are available to
support the fiscal year 2019 DS hiring plan and for staffing
enhancements in fiscal years 2019 and 2020. In conjunction
with the operating plan submitted pursuant to section 7070(a)
of the Act, the Secretary of State shall submit a plan for
the use of such funds for DS staffing enhancements.
Bureau of International Organization Affairs Personnel
Levels.--To provide for the proper oversight of funds,
facilitate reform at the United Nations and other
international organizations, and comply with congressional
reporting requirements, the conferees direct the Secretary of
State to consult with the Committees on Appropriations with
respect to the personnel levels of the Bureau of
International Organization Affairs prior to submitting the
operating plan required under section 7070(a) of the Act.
Combating Anti-Semitism.--Not later than 45 days after
enactment of the Act, the Secretary of State shall submit a
report to the Committees on Appropriations on the status of
the appointment of a Special Envoy to Monitor and Combat
Anti-Semitism.
Emergency Evacuations Reserve.--The conference agreement
includes an additional $250,000,000 above the fiscal year
2018 level within the amounts designated for WSP, to be
available until expended, as a reserve for costs related to
evacuations of United States Government personnel and United
States citizens from extraordinary overseas emergencies.
Additionally, section 7004(f) of the Act is modified to
include Emergencies in the Diplomatic and Consular Service to
the transfer authority to facilitate such evacuations.
Expanded Professional Associates Program.--The conference
agreement provides funds under this heading for the Expanded
Professional Associates Program (EPAP). The conferees direct
the Secretary of State to consult with the Committees on
Appropriations on the planned funding and personnel levels
for EPAP for fiscal year 2019 prior to submitting the
operating plan required by section 7070(a) of the Act.
Foreign Affairs Security Training Center.--Not later than
45 days after enactment of the Act, the Secretary of State
shall submit to the Committees on Appropriations a progress
report on the Foreign Affairs Security Training Center
project, which shall be updated semi-annually until the
completion of the project. The report shall include the
requirements described under this heading in the House and
Senate reports.
Global Engagement Center.--The conference agreement
includes up to $55,400,000 for the Global Engagement Center
(GEC), including up to $20,000,000 to counter state
propaganda and disinformation. The operating plan required by
section 7070(a) of the Act shall include the staffing
requirements and on-board staffing levels of the GEC,
including the use of detailees, personal service contracts,
and direct hires, as well as their foreign language
proficiency. The Secretary of State shall consult with the
Committees on Appropriations on the intended use of any funds
transferred or requested to be transferred to the GEC by the
Department of Defense prior to submitting the notifications
required by sections 7015(d)(2) and 7015(h)(2)(A) of the Act.
Office to Monitor and Combat Trafficking in Persons.--The
conference agreement includes $13,822,000 for the Office to
Monitor and Combat Trafficking in Persons for support of
activities and directives described in the House and Senate
reports, including additional staff to address the increased
workload of regional analysts and improve expertise of in-
country personnel.
Public Diplomacy.--The conference agreement includes
sufficient funds to support public diplomacy programs at not
less than the fiscal year 2018 level. In addition, the
Secretary of State is directed to include projected funding
levels for public diplomacy in the operating plan required by
section 7070(a) of the Act.
United States Special Envoy for Sudan and South Sudan.--The
conference agreement includes funds for the United States
Special Envoy for Sudan and South Sudan. Not later than 45
days after enactment of the Act, the Secretary of State shall
consult with the appropriate congressional committees on the
timing of the appointment of an individual to such position,
and the costs associated with the office of such Envoy.
CAPITAL INVESTMENT FUND
The conference agreement provides $92,770,000 for Capital
Investment Fund.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $90,829,000 for Office of
Inspector General in this title, of which $13,624,000 may
remain available until September 30, 2020, and an additional
$54,900,000 in title VIII under this heading is for the
Special Inspector General for Afghanistan Reconstruction
(SIGAR) and is designated for OCO/GWOT pursuant to BBEDCA.
The Act waives the requirement of section 209(a)(1) of the
Foreign Service Act of 1980, as included in prior fiscal
years.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The conference agreement provides $700,946,000 for
Educational and Cultural Exchange Programs, of which not less
than $271,500,000 is for the Fulbright Program and
$111,860,000 is for the Citizen Exchange Program. Funds under
this heading are allocated according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program.......................... 271,500
Global Academic Exchanges.................. 63,461
Special Academic Exchanges................. 22,875
Benjamin Gilman International Scholarship [16,000]
Program.......................................
------------------------
Subtotal....................................... 357,836
Professional and Cultural Exchanges
International Visitor Program.............. 104,000
Citizen Exchange Program................... 111,860
Congress-Bundestag Youth Exchange.............. [4,125]
Special Professional and Cultural Exchanges 5,600
------------------------
Subtotal....................................... 221,460
Special Initiatives
Young Leaders Initiatives.................. 31,250
Countering State Disinformation and 12,000
Pressure..................................
------------------------
Subtotal....................................... 43,250
Program and Performance........................ 8,400
Exchanges Support.............................. 70,000
------------------------
Total...................................... 700,946
------------------------------------------------------------------------
The Secretary of State shall include in the operating plan
required by section 7070(a) of the Act the information listed
under this heading in the House and Senate reports.
Countering State Disinformation and Pressure.--The
conference agreement includes $12,000,000 under this heading
to counter state-sponsored disinformation and hybrid threats,
promote democracy, and support exchanges with countries
facing state-sponsored disinformation and pressure campaigns,
particularly in Europe and Eurasia. A portion of the funds
shall be made available through a process whereby the Bureau
of Educational and Cultural Affairs, Department of State
(ECA), solicits proposals from posts located in affected
countries.
Citizen Exchange Program.--Funds made available for the
Citizen Exchange Program are intended for the purposes
described under this heading in the House report.
Fulbright Program.--The conference agreement includes
additional funds under this heading for the Fulbright Program
for Afghanistan, Egypt, and Pakistan, which in previous
fiscal years were appropriated under Economic Support Fund.
The total Fulbright allocations for such countries for fiscal
year 2019 shall not be less than the total amounts
appropriated under this heading and under Economic Support
Fund in prior fiscal years for such purposes.
The conference agreement also includes funding for
Fulbright initiatives in Korea, the Baltic Sea region, and
Eastern Europe at not less than the amounts allocated in, and
in a manner consistent with, fiscal year 2018.
Special Academic and Professional and Cultural Exchanges.--
The conference agreement
[[Page H1936]]
includes funds to continue the Special Academic Exchanges and
Special Professional and Cultural Exchanges described in the
House and Senate reports, including the Benjamin Gilman
International Scholarship Program and the Tibetan exchanges
and fellowships.
Personnel.--The conference agreement includes $70,000,000
for Exchanges Support for ECA. Funds made available above the
prior fiscal year level are for the purpose of hiring to the
authorized personnel level contained in the May 22, 2018
Department of State report to Congress. The operating plan
required by section 7070(a) of the Act shall include details
on how such levels will be achieved.
Vietnam Education Foundation Act.--The conference agreement
includes $5,000,000 under this heading and $5,000,000 under
Development Assistance for grants authorized by section 211
of the Vietnam Education Foundation Act of 2000, as amended.
Young Leaders Initiatives.--The conference agreement
includes an additional $1,500,000 for the Young African
Leaders Initiative and an additional $1,000,000 for the Young
Leaders of the Americas Initiative above the prior fiscal
year level.
REPRESENTATION EXPENSES
The conference agreement provides $8,030,000 for
Representation Expenses, subject to section 7020 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The conference agreement provides $30,890,000 for
Protection of Foreign Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The conference agreement provides $1,975,449,000 for
Embassy Security, Construction, and Maintenance, of which
$1,198,249,000 is for Worldwide Security Upgrades (WSU) and
$777,200,000 is for other construction, operations, and
maintenance.
Acceptance of Gifts for Embassy Construction.--The
conferees direct the Secretary of State to notify the
Committees on Appropriations not later than 15 days prior to
the acceptance of a gift to supplement funds made available
under this heading. Such notification shall include the
amount, source, and any terms associated with each gift, and
the Secretary shall consult with such Committees prior to
submitting such notification.
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The conference agreement includes not less than
$1,025,304,000 for the Department of State share of the
Capital Security Cost Sharing (CSCS) and Maintenance Cost
Sharing (MCS) Programs, not including additional amounts to
be provided from consular revenue.
In addition, the conference agreement directs Federal
agencies funded by the Act to provide contributions to the
CSCS and MCS Programs at levels consistent with the Benghazi
Accountability Review Board recommended funding level of
$2,200,000,000 for CSCS and $400,000,000 for MCS based on
shares determined by the Secretary of State.
Value Engineering.--Any notification submitted to the
Committees on Appropriations for a new diplomatic facility
justified to such Committees in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2019, or not previously
justified to such Committees, shall include confirmation that
the Department of State has completed the requisite value
engineering studies required pursuant to OMB Circular A-131,
Value Engineering December 31, 2013, and the Bureau of
Overseas Building Operations Policy and Procedure Directive,
P&PD, Cost 02: Value Engineering.
The reference to ``Enhanced Notification Requirements'' in
the House report shall mean ``Notification and reporting
requirements'' under this heading in such report.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The conference agreement provides $7,885,000 for
Emergencies in the Diplomatic and Consular Service.
The conference agreement withholds from obligation $800,000
of the funds made available under this heading until the
Secretary of State testifies before the Committees on
Appropriations on the fiscal year 2020 budget request. Funds
withheld from obligation shall not be from funds necessary
for emergency evacuations and the payment of rewards for
information related to international terrorism, narcotics
related activities, transnational organized crime, and war
crimes as authorized by Section 36 of the State Department
Basic Authorities Act of 1956. Instead, such withholding
should be from funds available under the heading for
entertainment, representation, and other related expenses.
REPATRIATION LOANS PROGRAM ACCOUNT
The conference agreement provides $1,300,000 for
Repatriation Loans Program Account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The conference agreement provides $31,963,000 for Payment
to the American Institute in Taiwan.
The conferees direct that if consular fees collected by the
American Institute in Taiwan (AIT) are not sufficient to
cover the full cost of AIT's consular operations, the
Secretary of State shall make available funds from the
Consular and Border Security Program (CBSP) in amounts
sufficient to cover the difference between such consular fees
and the cost of consular operations. The operating plan
submitted for AIT pursuant to section 7070(a) of the Act
shall include the anticipated costs of AIT consular
operations, an estimate of consular fees anticipated to be
collected by AIT, and any anticipated transfers from the
CBSP.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The conference agreement provides $743,000 for
International Center, Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The conference agreement provides $158,900,000 for Payment
to the Foreign Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement provides $1,264,030,000 for
Contributions to International Organizations in this title,
and an additional $96,240,000 in title VIII under this
heading is designated for OCO/GWOT pursuant to BBEDCA.
Unless otherwise provided for in the Act or another
provision of law, and with the exception of organizations
from which the United States has withdrawn, the conference
agreement assumes the payment of the full United States
assessment at each respective organization funded under this
heading. The Secretary of State shall consult with the
Committees on Appropriations prior to submitting the
operating plan required by section 7070(a) of the Act for
funds appropriated under this heading, including with respect
to any decision not to include in such plan the full assessed
amount for any organization funded under this heading.
For each organization, department, or agency funded under
this heading that is not subject to section 7048(a)(1) of the
Act, the Secretary shall assess whether such organization,
department, or agency is meeting the requirements of
subparagraphs (A) through (C) of such section and include
such information in the report required by such section.
The report shall include such information on an
organization-by-organization basis.
The conferees direct the Secretary of State to consult with
the Committees on Appropriations on the availability of
additional funds for the International Civil Aviation
Organization for a contribution to the 40th Triennial
Assembly and 75th anniversary events in 2019.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides $562,344,000 for
Contributions for International Peacekeeping Activities in
this title, and an additional $988,656,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA.
Sufficient funds are provided in the conference agreement
for United States contributions to peacekeeping missions at
the statutory level of 25 percent. Funding for the United
States share of the United Nations Support Office in Somalia
is provided under Peacekeeping Operations in title VIII
instead of under this heading.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The conference agreement provides $48,134,000 for Salaries
and Expenses.
CONSTRUCTION
The conference agreement provides $29,400,000 for
Construction.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The conference agreement provides $13,258,000 for American
Sections, International Commissions, including $8,052,000 for
the International Joint Commission, $2,304,000 for the
International Boundary Commission, and $2,902,000 for the
Border Environment Cooperation Commission, in the amounts and
for the purposes specified under this heading in the Senate
report.
INTERNATIONAL FISHERIES COMMISSIONS
The conference agreement provides $50,651,000 for
International Fisheries Commissions. The conference agreement
provides funding for the purposes specified under this
heading in the Senate report and such funds are allocated
according to the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission............................. 37,290
Lake Champlain Basin................................... [7,000]
Inter-American Tropical Tuna Commission.................... 1,750
Pacific Salmon Commission.................................. 3,685
International Pacific Halibut Commission................... 4,395
Other Marine Conservation Organizations.................... 3,531
------------
Total.................................................. 50,651
------------------------------------------------------------------------
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The conference agreement provides $798,196,000 for
International Broadcasting Operations.
Section 7034(r)(7) of the Act clarifies the name change of
the ``Broadcasting Board of
[[Page H1937]]
Governors'' (BBG) to the ``United States Agency for Global
Media'' (USAGM).
Of the funds made available under this heading, up to
$34,508,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $13,800,000 is for Internet freedom and
circumvention programs. In addition, $1,200,000 is included
within funds provided for Radio Free Asia (RFA) for the
personnel costs associated with Internet freedom activities,
bringing the total provided for such programs to not less
than $15,000,000. The USAGM is directed to include amounts
planned for Internet freedom in fiscal year 2019 as part of
the operating plan required by section 7070(a) of the Act and
to describe the planned activities in the Internet freedom
spend plan required by section 7065(c) of the Act.
East Asia and the Pacific.--The conference agreement
supports the Tibetan language services of the Voice of
America (VOA) and RFA.
Latin America.--The conference agreement includes
$6,000,000 for the VOA Latin America Division for the
purposes specified under this heading in the House report.
The USAGM is directed to submit the report required under
this heading in the House report to the Committees on
Appropriations in the manner described.
Radio Free Asia.--The conference agreement includes
$44,223,000 for RFA. Within such amount, additional funds are
to be made available to increase the capacity for translation
and social media by the Uyghur service of RFA to address the
crisis in Xinjiang, China, and directs USAGM to consult with
the Committees on Appropriations on plans to increase this
capacity.
Funds under this heading are allocated according to the
following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities:
International Broadcasting Bureau (IBB):
IBB Operations..................................... 58,576
Internet Freedom............................... [13,800]
Office of Technology, Services, and Innovation......... 181,843
Voice of America....................................... 250,060
Office of Cuba Broadcasting............................ 29,144
------------
Subtotal........................................... 519,623
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty........................ 124,038
Radio Free Asia........................................ 44,223
Middle East Broadcasting Networks...................... 110,312
------------
Subtotal........................................... 278,573
------------
Total.......................................... 798,196
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The conference agreement provides $9,700,000 for
Broadcasting Capital Improvements.
RELATED PROGRAMS
The Asia Foundation
The conference agreement provides $17,000,000 for The Asia
Foundation. Such funds shall be apportioned and obligated to
the Foundation not later than 60 days after enactment of the
Act.
United States Institute of Peace
The conference agreement provides $38,634,000 for United
States Institute of Peace. An additional $750,000 above the
fiscal year 2018 level is included in the conference
agreement to facilitate the Syria Study Group authorized in
division G of Public Law 115-254 to review and make
recommendations on a diplomatic and military strategy toward
Syria. The conferees direct the President of the United
States Institute of Peace to consult with the appropriate
congressional committees on its plans to facilitate such
Group.
Center for Middle Eastern-Western Dialogue Trust Fund
The conference agreement provides $185,000 from interest
and earnings from the Center for Middle Eastern-Western
Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The conference agreement provides $190,000 from interest
and earnings from the Eisenhower Exchange Fellowship Program
Trust Fund.
Israeli Arab Scholarship Program
The conference agreement provides $68,000 from interest and
earnings from the Israeli Arab Scholarship Endowment Fund.
East-West Center
The conference agreement provides $16,700,000 for East-West
Center. Such funds shall be apportioned and obligated to the
Center not later than 60 days after enactment of the Act.
National Endowment for Democracy
The conference agreement provides $180,000,000 for National
Endowment for Democracy. Such funds shall be apportioned and
obligated to the National Endowment for Democracy (NED) not
later than 60 days after enactment of the Act. Of this
amount, $117,500,000 shall be allocated in the traditional
and customary manner, including for the core institutes.
A total of $62,500,000 is provided for democracy programs,
as well as for the next phase of the NED's mid- to long-term
strategic approach and response to immediate and
unanticipated challenges or opportunities for the promotion
of democracy abroad. Of the funds provided above the fiscal
year 2018 enacted level for such programs, $4,000,000 is for
NED discretionary programs for Burma and $6,000,000 is for
NED discretionary programs for North Korea.
Not later than 45 days after enactment of the Act, the NED
President is directed to submit a report to the Committees on
Appropriations on the proposed uses of funds appropriated
under this heading in a manner similar to fiscal year 2018.
The NED President should consult with such Committees in
advance of any significant deviation from the plans outlined
in such report.
Funds appropriated under this heading shall not be subject
to prior approval by the Department of State or USAID or to
administrative and management surcharges, and minimal
expenses, if any, should be charged to general Department of
State or USAID operating expenses. The NED shall not be
precluded from competitively bidding on other grant
solicitations.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
Salaries and Expenses
The conference agreement provides $675,000 for Commission
for the Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
Salaries and Expenses
The conference agreement provides $4,500,000 for United
States Commission on International Religious Freedom, of
which $1,000,000 is withheld from obligation until the
Commission consults with the appropriate congressional
committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United
States Commission on International Religious Freedom
Reauthorization Act of 2015 (Public Law 114-71).
Additionally, the funds withheld are subject to the regular
notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
Salaries and Expenses
The conference agreement provides $2,579,000 for Commission
on Security and Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
Salaries and Expenses
The conference agreement provides $2,000,000 for
Congressional-Executive Commission on the People's Republic
of China.
United States-China Economic and Security Review Commission
Salaries and Expenses
The conference agreement provides $3,500,000 for United
States-China Economic and Security Review Commission.
Western Hemisphere Drug Policy Commission
Salaries and Expenses
The conference agreement provides $1,500,000 for Western
Hemisphere Drug Policy Commission, as authorized by title VI
of the Department of State Authorities Act, Fiscal Year 2017.
TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The conference agreement provides $1,214,808,000 for
Operating Expenses in this title, of which $182,221,000 may
remain available until September 30, 2020, and an additional
$158,067,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
In lieu of the personnel report directed under this heading
in the House report, a modified report on personnel is
required under section 7073 of the Act.
Changes in Management.--The conferees direct the USAID
Administrator to consult with the Committees on
Appropriations on any proposed significant or substantive
change to USAID guidance or directives related to management
services prior to issuing such guidance or directives to
USAID posts worldwide.
USAID Overseas Staffing.--The conference agreement includes
an additional $25,000,000 above the fiscal year 2018 level
for the purpose of increasing overseas staffing. The
conferees direct the USAID Administrator to consult with the
Committees on Appropriations prior to the submission of the
operating plan required by section 7070(a) of the Act with
respect to such staffing levels.
CAPITAL INVESTMENT FUND
The conference agreement provides $225,000,000 for Capital
Investment Fund, of which not less than $220,400,000 is for
the CSCS and MCS Programs.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides $76,600,000 for Office of
Inspector General, of which $11,490,000 may remain available
until September 30, 2020.
The conference agreement includes up to $2,000,000 to
support Office of Inspector General (OIG) activities in the
West Bank and Gaza: $1,000,000 is provided under this heading
and up to $1,000,000 is provided pursuant to section 7039 of
the Act. In addition, the conference agreement provides
funding under this heading to support OIG activities and
staffing in Afghanistan.
[[Page H1938]]
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The conference agreement provides $8,837,450,000 for Global
Health Programs. Funds under this heading are allocated
according to the following table and subject to section 7019
of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health................................. 835,000
Polio................................................. [51,500]
Maternal and Neonatal Tetanus......................... [1,000]
The GAVI Alliance..................................... [290,000]
Nutrition (USAID)......................................... 145,000
Micronutrients........................................ [33,000]
of which, Vitamin A................................... [22,500]
Iodine Deficiency Disorder............................ [2,500]
Vulnerable Children (USAID)............................... 24,000
Blind Children........................................ [3,500]
HIV/AIDS (USAID).......................................... 330,000
Microbicides.......................................... [45,000]
HIV/AIDS (Department of State)............................ 5,720,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,350,000]
Malaria..............................................
UNAIDS................................................ [45,000]
Family Planning/Reproductive Health (USAID)............... 523,950
Other Infectious Diseases (USAID)......................... 1,259,500
Global Health Security................................ [100,000]
Malaria............................................... [755,000]
Tuberculosis.......................................... [302,000]
of which, Global TB Drug Facility..................... [15,000]
Neglected Tropical Diseases........................... [102,500]
-------------
Total............................................. 8,837,450
------------------------------------------------------------------------
Consultation.--The conferees direct the USAID Administrator
to consult with the Committees on Appropriations on the
specific uses of funds made available at levels above the
previous fiscal year for maternal and child health,
nutrition, global health security, and tuberculosis, prior to
the obligation of such funds.
Global Health Security.--The conference agreement includes
$140,000,000 for Global Health Security, of which $40,000,000
is repurposed from title IX of division J of Public Law 113-
235. Of such repurposed funds, $2,000,000 is for the
Emergency Reserve Fund, bringing the available balance of the
Reserve Fund to $100,000,000 to enable the United States and
the international public health community to respond rapidly
to emerging health threats.
The conferees note the important role USAID has played in
vaccine development for HIV and malaria, and encourage the
USAID Administrator to consider the use of global health
security funds for vaccine development efforts to prevent and
respond to outbreaks from deadly viruses.
Maternal and Neonatal Tetanus.--Funds provided for Maternal
and Neonatal Tetanus are for public-private partnerships
specifically focused on providing low-cost vaccines for women
of childbearing age to prevent tetanus in newborn children.
DEVELOPMENT ASSISTANCE
The conference agreement provides $3,000,000,000 for
Development Assistance. Funds for certain programs under this
heading are allocated according to the following table and
subject to section 7019 of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
------------------------------------------------------------------------
Cameroon................................................... 3,000
Chad....................................................... 3,000
Democratic Republic of Congo............................... 37,594
Malawi higher education.................................... 10,000
Niger...................................................... 11,000
The Gambia democracy programs.............................. 2,000
------------------------------------------------------------------------
East Asia and the Pacific
------------------------------------------------------------------------
Philippines................................................ 70,000
------------------------------------------------------------------------
South and Central Asia
------------------------------------------------------------------------
Bangladesh................................................. 89,525
labor programs........................................... [3,000]
democracy programs....................................... [8,000]
Sri Lanka.................................................. 30,000
------------------------------------------------------------------------
Western Hemisphere
------------------------------------------------------------------------
Central America............................................ 190,000
Haiti...................................................... 51,000
reforestation.......................................... [8,500]
------------------------------------------------------------------------
Global Programs
------------------------------------------------------------------------
Bureau for Food Security................................... 315,960
Community Development Fund............................... [80,000]
Feed the Future Innovation Labs.......................... [55,000]
Global Crop Diversity Trust.............................. [15,000]
Combating child marriage................................... 11,000
Development Innovation Ventures............................ 23,000
Leahy War Victims Fund..................................... 13,500
Low Cost Eyeglasses Pilot Program.......................... 2,500
Mobility Pilot Program..................................... 1,000
Ocean Freight Reimbursement Program........................ 1,500
Reconciliation Programs.................................... 18,000
Trade capacity building.................................... 20,000
USAID Advisor for Indigenous Peoples Issues................ 3,500
Victims of torture......................................... 12,000
Wheelchairs................................................ 5,000
------------------------------------------------------------------------
Low Cost Eyeglasses Pilot Program.--The conference
agreement includes $2,500,000 for a low cost eyeglasses pilot
program, which shall be implemented in the manner described
in the Senate report. The conferees direct the USAID
Administrator to consult with the Committees on
Appropriations not later than 45 days after enactment of the
Act on a plan to implement such program.
Mobility.--Not later than 120 days after enactment of the
Act, the USAID Administrator shall submit to the Committees
on Appropriations the report required in the House and Senate
reports on efforts by USAID to implement a pilot program to
increase access to affordable bicycles in developing
countries.
Patrick Leahy War Victims Fund.--The conference agreement
includes $13,500,000 for the Leahy War Victims Fund which
assists disabled civilian victims of armed conflict, with an
emphasis on addressing mobility-related injuries. These
resources may be used to improve access to quality
habilitation and rehabilitation services and expand economic
and social opportunities for disabled civilian victims of
armed conflict.
Wheelchair Program.--The conference agreement includes
$5,000,000 to improve the availability of, and access to,
appropriate wheelchairs and trained wheelchair providers in
low and middle income countries. Broader efforts to increase
global access to assistive technology contribute to improved
access to wheelchairs, and these funds may be used to promote
such efforts, including through global partnerships. The
conferees direct the USAID Administrator to consult with the
Committees on Appropriations not later than 45 days after
enactment of the Act on the proposed uses of such funds.
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement provides $3,801,034,000 for
International Disaster Assistance in this title, and an
additional $584,278,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA. Such funds shall
be apportioned to USAID not later than 60 days after
enactment of the Act.
TRANSITION INITIATIVES
The conference agreement provides $30,000,000 for
Transition Initiatives in this title, and an additional
$62,043,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
COMPLEX CRISES FUND
The conference agreement provides $30,000,000 for Complex
Crises Fund. Congressional notifications submitted for funds
made available under this heading shall include the source
year of funds being notified. Such funds shall be apportioned
to USAID not later than 60 days after enactment of the Act.
As in the past, funds appropriated under this heading in
this title are the responsibility of the USAID
Administrator. The conferees direct the Secretary of State
and the USAID Administrator to provide the Committees on
Appropriations semi-annual updates on the status of
cumulative unobligated balances and obligated, but
unexpended, balances, disaggregated by source year, from
funds appropriated under this heading in the Act and prior
Acts.
DEVELOPMENT CREDIT AUTHORITY
The conference agreement includes a $55,000,000 limitation
on funds that may be transferred from other programs in this
title to Development Credit Authority. In addition,
$10,000,000 is provided for administrative expenses, which
may be transferred to, and merged with, Operating Expenses. A
limitation of $1,750,000,000 is included on total loan
principal.
ECONOMIC SUPPORT FUND
The conference agreement provides $2,545,525,000 for
Economic Support Fund in this title, and an additional
$1,172,336,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. Funds for certain programs
under this heading are allocated according to the following
table and subject to section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
------------------------------------------------------------------------
Cameroon................................................... 1,000
Counter Lord's Resistance Army (sec. 7042(c)).............. 10,000
Democratic Republic of Congo............................... 37,594
Djibouti................................................... 9,000
West Africa anti-slavery programs.......................... 2,000
------------------------------------------------------------------------
East Asia and the Pacific
------------------------------------------------------------------------
North Korea human rights programs.......................... 4,000
People's Republic of China................................. 17,040
------------------------------------------------------------------------
Middle East and North Africa
------------------------------------------------------------------------
Lebanon.................................................... 112,500
Scholarships........................................... [12,000]
Middle East Partnership Initiative scholarship program..... 20,000
Middle East Regional Cooperation........................... 5,000
Near East Regional Democracy............................... 52,000
Relief and Recovery Fund...................................
Refugee Scholarships Program in Lebanon.................. [5,000]
------------------------------------------------------------------------
South and Central Asia
------------------------------------------------------------------------
Afghanistan Civilian Assistance Program.................... 10,000
Nepal...................................................... 75,000
Pakistan Civilian Assistance Program....................... 10,000
Sri Lanka.................................................. 10,000
------------------------------------------------------------------------
Western Hemisphere
------------------------------------------------------------------------
Central America............................................ 100,000
Central America Regional Security Initiative............. [100,000]
Cuba....................................................... 20,000
Caribbean Energy Security Initiative....................... 2,000
------------------------------------------------------------------------
Global Programs
------------------------------------------------------------------------
Ambassador-at-Large for Global Women's Issues.............. 10,000
Atrocities Prevention (sec. 7034(c))....................... 2,500
Conflict and Stabilization Operations...................... 2,500
Disability Programs........................................ 7,500
Family Planning/Reproductive Health (USAID)................ 51,050
Global Concessional Financing Facility (sec. 7071(f))...... 25,000
House Democracy Partnership................................ 1,900
Organization of American States............................ 9,000
[[Page H1939]]
Polio...................................................... 7,500
Protection of Civil Society Activists and Journalists (sec. 7,500
7032(h))..................................................
Reconciliation Programs.................................... 12,000
------------------------------------------------------------------------
The conference agreement provides funding to support the
first through third organizational pillars of the
Organization of American States. Within the total provided
under this heading, $4,000,000 is for programs to strengthen
democracy, and $5,000,000 is for programs to promote and
protect human rights, of which not less than $500,000 is for
the Office of the Special Rapporteur for Freedom of
Expression. Such funds are subject to prior consultation with
the Committees on Appropriations.
In lieu of the directives in the House and Senate bills and
reports, the agreement includes funds for democracy programs
in Cuba.
The conference agreement includes not less than $1,000,000
for programs that provide policy and technical training to
information communication technology professionals from
developing countries. Such funds should be provided on an
open and competitive basis.
The conference agreement continues limitations and
conditions on assistance for the West Bank and Gaza from
prior fiscal years. Subject to such limitations and
conditions in the Act, and the recently enacted Taylor Force
Act, the conference agreement includes funds under Economic
Support Fund sufficient to meet the level proposed in the
President's fiscal year 2019 budget request for programs and
activities to foster a resolution to the Israeli-Palestinian
conflict. As described in the Congressional Budget
Justification, such funds are intended to promote stability
and enhance security, including by providing economic
opportunities for the Palestinian people and improving access
to water, energy, education and health services.
DEMOCRACY FUND
The conference agreement provides $227,200,000 for
Democracy Fund, of which $157,700,000 is for the Department
of State Human Rights and Democracy Fund, including
$7,500,000 to implement section 7032(h) of the Act, and
$69,500,000 is for the USAID Center of Excellence for
Democracy, Human Rights, and Governance.
The Assistant Secretary for the Bureau of Democracy, Human
Rights, and Labor (DRL), Department of State, shall consult
with the Committees on Appropriations on the uses of funds
provided by the Act for the Human Rights and Democracy Fund
that are above the fiscal year 2016 level.
Consistent with prior fiscal years, DRL may use funds
appropriated under this heading for administrative expenses.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The conference agreement provides $760,334,000 for
Assistance for Europe, Eurasia and Central Asia.
The agreement includes modified language regarding the use
of notwithstanding authority under this heading.
The Secretary of State has not submitted the report
required under this heading in the explanatory statement
accompanying division J of Public Law 115-31. The Secretary
of State is directed to submit the report not later than 30
days after enactment of the Act.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The conference agreement provides $2,027,876,000 for
Migration and Refugee Assistance in this title, and an
additional $1,404,124,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA.
Funds made available under this heading in the Act shall be
administered in accordance with the directives in paragraphs
(3) and (4) of section 7073(b) of the Act.
The conference agreement includes funding above the fiscal
year 2018 level for Migration and Refugee Assistance,
including to respond to refugees fleeing economic collapse
and repression in Venezuela and to increase support for
ongoing efforts to enhance the capacity of the Mexican
Commission of Assistance to Refugees to process asylum
applications of refugees in Mexico. Not later than 45 days
after enactment of the Act, the Assistant Secretary for the
Bureau of Population, Refugees, and Migration (PRM),
Department of State, shall consult with the Committees on
Appropriations on the uses of such funds.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The conference agreement provides $1,000,000 for United
States Emergency Refugee and Migration Assistance Fund. The
conference agreement also directs the transfer to Migration
and Refugee Assistance of any balances in the Fund that
exceed the limitation in paragraph (2) of section 2(c) of the
Migration and Refugee Assistance Act of 1962.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides $410,500,000 for Peace
Corps.
The conference agreement does not include language on the
consultation and notification requirements regarding the
closure or downsizing of domestic or overseas offices and
notes that these requirements are now contained in Section
203 of the Sam Farr and Nick Castle Peace Corps Reform Act of
2018 (Public Law 115-256). The Director of the Peace Corps is
directed to submit a report to the Committees on
Appropriations, listing all decisions made during the fiscal
year to change the status of offices or country programs and
the justifications for such decisions, no later than 30 days
after the end of the fiscal year.
MILLENNIUM CHALLENGE CORPORATION
The conference agreement provides $905,000,000 for
Millennium Challenge Corporation, including up to
$105,000,000 for administrative expenses.
Consistent with section 7015(c) of the Act, the
reobligation of funds deobligated by the Millennium Challenge
Corporation (MCC) is subject to the regular notification
procedures of the Committees on Appropriations. In any
notification of reobligation, the MCC shall indicate the
Compact or activity that is the source of the deobligation
and the year in which the deobligation occurred.
The conference agreement recognizes the authorized funding
limitation on the threshold program included in the African
Growth and Opportunity Act and Millennium Challenge Act
Modernization Act (Public Law 115-167). The Chief Executive
Officer of the MCC shall consult with the Committees on
Appropriations if a planned threshold program will cause the
total amount obligated for purposes of carrying out section
616 of the Millennium Challenge Act of 2003 (Public Law 108-
199), as amended, to exceed 5 percent in fiscal year 2019.
INTER-AMERICAN FOUNDATION
The conference agreement provides $22,500,000 for Inter-
American Foundation.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The conference agreement provides $30,000,000 for United
States African Development Foundation.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The conference agreement provides $30,000,000 for
International Affairs Technical Assistance, of which no more
than $6,000,000 is for administrative expenses.
The Department of the Treasury OIG is not required to
comply with the directive under this heading in the House
report.
TITLE IV--INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The conference agreement provides $1,497,469,000 for
International Narcotics Control and Law Enforcement. Funds
for certain programs under this heading are allocated
according to the following table and subject to section 7019
of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Atrocities prevention (sec. 7034(c))....................... 2,500
Argentina.................................................. 2,500
Central America............................................ 190,000
Central America Regional Security Initiative........... [190,000]
Combating wildlife trafficking............................. 50,000
Critical flight safety program............................. 10,500
Health monitoring systems.............................. [5,000]
Cybercrime and intellectual property rights................ 10,000
Demand reduction........................................... 15,000
Haiti prison assistance.................................... 1,500
International Law Enforcement Academy...................... 27,000
International organizations................................ 7,000
Pakistan................................................... 40,000
Border security........................................ [15,000]
Peru....................................................... 32,000
Programs to end modern slavery............................. 25,000
Security force professionalization (sec. 7049(a)(5))....... 3,000
Tajikistan................................................. 6,000
Border security........................................ [3,000]
Trafficking in persons..................................... 45,000
Office to Monitor and Combat Trafficking in Persons.... [36,000]
Western Hemisphere regional security cooperation........... 12,500
------------------------------------------------------------------------
Combating Wildlife Trafficking.--Funds included to combat
wildlife trafficking should be used to strengthen law
enforcement capacity, further partnerships through regional
and international cooperation, and provide site-based
protection of wildlife. The Secretary of State shall continue
to consult with the Committees on Appropriations on the use
of aircraft for anti-poaching activities.
Critical Flight Safety Program.--Funds provided for the
Critical Flight Safety Program shall be implemented in the
manner described under this heading in the House report.
International Organized Crime.--The conference agreement
includes $68,150,000 for International Organized Crime, of
which $37,500,000 is for programs to further the objectives
of Executive Order 13773 on Enforcing Federal Law with
Respect to Transnational Criminal Organizations and
Preventing International Trafficking. The remaining funds are
provided for programs to combat wildlife trafficking and are
from within the $50,000,000 specified in the table above for
such programs.
Opioids.--The conference agreement supports Department of
State activities to address the flow of illegal opioids into
the United States, including: (1) programs to assist the
Government of Mexico in securing its borders and reducing
poppy cultivation and heroin and synthetic drug production;
(2) programs to thwart transnational criminal
[[Page H1940]]
organizations involved in the trafficking of heroin and
fentanyl; (3) diplomatic efforts to strengthen precursor
chemical control and training on international treaty
obligations related to opioids; (4) measures to strengthen
the security of the international postal system to prevent
illegal shipments of opioids from entering the United States,
particularly from the People's Republic of China (PRC); and
(5) global demand reduction programs.
The Secretary of State, in consultation with the heads of
other Federal agencies, as appropriate, shall develop an
international diplomatic and assistance strategy to stop the
flow of opioids into the United States. The strategy shall
contain a clear mission statement, goals and objectives, and
shall identify the activities and tools necessary to
implement the strategy. The strategy shall also include: (1)
a description of the activities supported by the Act and
prior Acts, including those enumerated in the preceding
paragraph; (2) relevant information on efforts by other
Federal agencies implementing programs in foreign countries;
and (3) steps taken by countries in which opioids are
produced or trafficked. Not later than 90 days after
enactment of the Act and after consultation with the
appropriate congressional committees, the Secretary shall
submit such strategy to such committees.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The conference agreement provides $864,550,000 for
Nonproliferation, Anti-terrorism, Demining and Related
Programs. Funds for certain programs are allocated according
to the following table and subject to section 7019 of the
Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Nonproliferation programs.................................. 297,050
Nonproliferation and Disarmament Fund.................. [35,000]
Export Control and Related Border Security............. [60,000]
Global Threat Reduction................................ [70,000]
International Atomic Energy Agency..................... [94,800]
Anti-terrorism programs.................................... 346,000
Anti-terrorism Assistance.............................. [182,000]
Terrorist Interdiction Program......................... [43,000]
Counterterrorism financing............................. [12,500]
Counterterrorism Partnerships Fund..................... [108,500]
Airport and aviation security [non-add]................ [20,000]
Conventional weapons destruction........................... 196,500
Humanitarian demining.................................. [159,000]
of which, Laos......................................... [30,000]
------------------------------------------------------------------------
Airport and Aviation Security.--The conference agreement
includes $20,000,000 to strengthen international airport and
aviation security, including passenger and baggage screening,
and crisis response. Such funds are derived from Anti-
terrorism Assistance and Counterterrorism Partnerships Fund.
Not later than 60 days after enactment of the Act, the
Secretary of State shall submit a spend plan detailing the
proposed uses of such funds by country and program.
Peacekeeping Operations
The conference agreement provides $163,457,000 for
Peacekeeping Operations in this title, and an additional
$325,213,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
County/Program/Activity Authority
------------------------------------------------------------------------
Africa..................................................... 301,020
Central African Republic................................... [8,000]
Democratic Republic of the Congo........................... [5,000]
Liberia.................................................... [1,000]
Somalia.................................................... [222,500]
South Sudan................................................ [25,000]
Africa Regional............................................ [39,520]
of which, Partnership for Regional East Africa [10,000]
Counterterrorism..........................................
of which, Africa Conflict Stabilization and Border Security [8,170]
of which, Africa Military Education Program................ [2,000]
of which, Africa Maritime Security Initiative.............. [1,850]
of which, Africa Regional Counterterrorism................. [15,100]
of which, Program Management............................... [2,400]
Near East.................................................. 31,000
Multinational Force and Observers.......................... [31,000]
Political-Military Affairs................................. 156,650
Security Force Professionalization (sec. 7049(a)(5))....... [3,000]
------------------------------------------------------------------------
The conference agreement provides $71,000,000 for the
Global Peace Operations Initiative. Funds provided above the
previous fiscal year should be made available to support the
Africa Contingency Operations Training and Assistance
program, including to support modernization of training
infrastructure.
Funds Appropriated to the President
International Military Education and Training
The conference agreement provides $110,778,000 for
International Military Education and Training.
The conference agreement provides $3,500,000 for Pakistan,
an amount equal to the budget request; $1,000,000 for Greece;
and not less than the fiscal year 2018 levels for Malta and
Portugal.
Foreign Military Financing Program
The conference agreement provides $5,962,241,000 for
Foreign Military Financing Program in this title, and an
additional $229,372,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA.
Funds under this heading for certain countries are
allocated according to the following table and subject to
section 7019 of the Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country Authority
------------------------------------------------------------------------
Estonia.................................................... 8,000
Israel..................................................... 3,300,000
Latvia..................................................... 8,000
Lithuania.................................................. 8,000
Peru....................................................... 1,800
------------------------------------------------------------------------
TITLE V--MULTILATERAL ASSISTANCE
Funds Appropriated to the President
International Organizations and Programs
The conference agreement provides $339,000,000 for
International Organizations and Programs. Funds under this
heading are allocated according to the following table and
subject to section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Organizations/Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 1,200
International Conservation Programs........................ 7,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 29,000
Organization of American States Development Assistance 500
Programs..................................................
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 1,100
UN Children's Fund......................................... 137,500
of which, Combating female genital mutilation programs..... [5,000]
UN Democracy Fund.......................................... 3,000
UN Development Program..................................... 80,000
UN Environmental Programs.................................. 10,000
UN High Commissioner for Human Rights...................... 9,500
of which, Honduras......................................... [1,000]
of which, Colombia......................................... [1,000]
UN Human Settlements Program............................... 700
UN Office for the Coordination of Humanitarian Affairs..... 2,500
UN Population Fund......................................... 32,500
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict...............................
UN Trust Fund to End Violence Against Women................ 1,000
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 6,550
UN Women................................................... 8,500
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Funds appropriated under this heading shall be made
available for core contributions for each entity listed in
the above table unless: (1) otherwise provided for in the Act
or such table; or (2) the Secretary of State justifies the
proposed uses of funds other than for core contributions in
the congressional notification submitted for funds under this
heading. The Secretary shall consult with the Committees on
Appropriations prior to submitting such notification, which
shall be submitted not later than June 30, 2019.
International Financial Institutions
Global Environment Facility
The conference agreement provides $139,575,000 for Global
Environment Facility, including $136,563,000 for the seventh
replenishment of the Global Environment Facility, which if
annualized over four years would equal $546,252,000. In lieu
of the directive under this heading in the Senate report, the
Secretary of the Treasury shall follow the reporting
requirements included under this heading in the Act.
Contribution to the International Development Association
The conference agreement provides $1,097,010,000 for
Contribution to the International Development Association.
Not later than 60 days after enactment of the Act, the
Secretary of the Treasury shall submit a report to the
Committees on Appropriations detailing the annual budgets of
the Inspection Panel and the Compliance Advisor Ombudsman for
each of the past five fiscal years, the caseload of each such
entity for each of those years, a description of the
priorities of the United States Executive Director for such
entities, and specific recommendations, including budget and
personnel increases, to enhance the capacity of each such
entity to effectively carry out its mission.
Contribution to the Asian Development Fund
The conference agreement provides $47,395,000 for
Contribution to the Asian Development Fund.
Contribution to the African Development Bank
The conference agreement provides $32,417,159 for
Contribution to the African Development Bank.
Limitation on Callable Capital Subscriptions
The conference agreement provides $507,860,806 for
Limitation on Callable Capital Subscriptions.
Contribution to the African Development Fund
The conference agreement provides $171,300,000 for
Contribution to the African Development Fund.
[[Page H1941]]
Contribution to the International Fund for Agricultural Development
The conference agreement provides $30,000,000 for
Contribution to the International Fund for Agricultural
Development, which if annualized over three years would sum
to $90,000,000. In lieu of the directive under this heading
in the Senate report, the Secretary of the Treasury shall
follow the reporting requirements included under this heading
in the Act.
TITLE VI--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The conference agreement provides $5,700,000 for Inspector
General for the Export-Import Bank of the United States, of
which $855,000 may remain available until September 30, 2020.
The Export-Import Bank OIG is not required to comply with
the directive under this heading in the House report.
ADMINISTRATIVE EXPENSES
The conference agreement provides $110,000,000 for
Administrative Expenses for the Export-Import Bank of the
United States, of which $16,500,000 may remain available
until September 30, 2020.
RECEIPTS COLLECTED
The conference agreement does not include the authority
contained in the Senate bill for the Export-Import Bank to
retain collected receipts to fund the Bank's carryover
account. Due to the lack of a quorum on its Board of
Directors, the Bank was unable to generate enough offsetting
collections in fiscal year 2018 to fund its carryover
account, and the conferees anticipate that receipts will also
not be sufficient in fiscal year 2019. This authority can be
reconsidered in fiscal year 2020.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The conference agreement provides $79,200,000 for Noncredit
Account of the Overseas Private Investment Corporation.
Inspector General Oversight.--The President of the Overseas
Private Investment Corporation (OPIC) shall allocate not less
than $1,000,000 to reimburse the USAID OIG in support of the
long-term inter-agency agreement for continued oversight of
OPIC in fiscal year 2019, and shall develop an inter-agency
agreement with the USAID OIG to continue oversight, including
audits, inspections, and investigations, of the newly
established United States International Development Finance
Corporation (USIDFC) until the new USIDFC Inspector General
is operational, if applicable. The OPIC President and USAID
Inspector General shall consult with the Committees on
Appropriations on such plans. In addition, the reorganization
plan required by section 1462 of Public Law 115-254 should
include a timeline and milestones for hiring an inspector
general and an estimated budget for associated staff and
support costs.
PROGRAM ACCOUNT
The conference agreement provides $20,000,000 for Program
Account of the Overseas Private Investment Corporation.
TRADE AND DEVELOPMENT AGENCY
The conference agreement provides $79,500,000 for Trade and
Development Agency, of which no more than $19,000,000 is for
administrative expenses.
TITLE VII--GENERAL PROVISIONS
The following general provisions are contained in the Act.
Each are designated as unchanged or modified from division K
of Public Law 115-141:
Section 7001.--Allowances and Differentials (unchanged).
Section 7002.--Unobligated Balances Report (unchanged).
Not later than 45 days after enactment of the Act, the
Secretary of State shall consult with the Committees on
Appropriations regarding the application of this section to
funds appropriated under International Military Education and
Training and Foreign Military Financing Program.
Section 7003.--Consulting Services (unchanged).
Section 7004.--Diplomatic Facilities (modified).
Subsection (h) directs the Secretary of State to submit
quarterly reports on certain projects. Such reports shall
include the following information concerning each project:
(1) a detailed breakout of the project factors that formed
the basis of the initial cost estimate used to justify such
project to the Committees on Appropriations, as described
under Embassy Security, Construction, and Maintenance in the
House report; (2) a comparison of the current project factors
as compared to the project factors submitted pursuant to (1),
and an explanation of any changes; (3) the impact of currency
exchange rate fluctuations on project costs; (4) a copy of
the most current working estimate that supports the basis for
each report; and (5) a project performance assessment as
described under this heading.
Not later than 90 days after enactment of the Act and every
12 months thereafter until completion of such projects, the
Secretary of State shall submit to the Committees on
Appropriations an updated cost estimate, if applicable, and
an on-site assessment of progress and performance prepared by
a third party on the projects enumerated in subsection (h).
Sufficient funds are made available under title I of the
Act for the Department of State to purchase additional
property to more fully secure the site of the New Embassy
Compound in Kinshasa, Democratic Republic of the Congo.
Section 7005.--Personnel Actions (unchanged).
Section 7006.--Department of State Management (modified).
Not later than December 31, 2019, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing sole-source awards made by the
Department of State during the previous fiscal year in excess
of $2,000,000 which shall be posted on the Department
website.
Section 7007.--Prohibition Against Direct Funding for
Certain Countries (unchanged).
Section 7008.--Coups d'Etat (unchanged).
Section 7009.--Transfer of Funds Authority (modified).
Section 7010.--Prohibition on Certain Operational Expenses
(unchanged).
Section 7011.--Availability of Funds (modified).
Section 7012.--Limitation on Assistance to Countries in
Default (unchanged).
Section 7013.--Prohibition on Taxation of United States
Assistance (unchanged).
Section 7014.--Reservations of Funds (unchanged).
Section 7015.--Notification Requirements (modified).
Section 7016.--Document Requests, Records Management, and
Related Cybersecurity Protections (modified).
Any agency receiving funds made available by the Act shall
comply with the directives under the Introduction in the
Senate report regarding the public posting of reports, which
is similar to the directive contained in section 7077(a) of
division K of Public Law 115-141.
Section 7017.--Use of Funds in Contravention of this Act
(unchanged).
Section 7018.--Prohibition on Funding for Abortions and
Involuntary Sterilization (unchanged).
Section 7019.--Allocations and Reports (modified).
The conference agreement continues the requirement, with
certain exceptions and in accordance with the terms and
conditions of the Act, that amounts designated in the
respective tables referenced in this joint explanatory
statement shall be made available in such designated amounts
and shall be the basis of the 653(a) report, where
applicable.
For the purpose of applying subsection (d)(1), the
exception in subparagraph (C) concerning minimum funding
requirements of amounts designated by the Act shall be
construed to include account levels specified in the
applicable tables.
Section 7020.--Representation and Entertainment Expenses
(unchanged).
Section 7021.--Prohibition on Assistance to Governments
Supporting International Terrorism (unchanged).
Section 7022.--Authorization Requirements (unchanged).
Section 7023.--Definition of Program, Project, and Activity
(unchanged).
Section 7024. Authorities for the Peace Corps, Inter-American
Foundation and United States African Development
Foundation (unchanged)
Section 7025. Commerce, Trade and Surplus Commodities
(unchanged)
Section 7026. Separate Accounts (unchanged)
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Local Competition (unchanged)
Section 7029. International Financial Institutions (modified)
Section 7030. Debt-for-Development (unchanged)
Section 7031. Financial Management and Budget Transparency
(modified)
In determining the requirement of subsection (a)(1)(A)(vi)
for direct government-to-government assistance, consideration
should be given to whether such government has made progress
in publicly disclosing its national budget since the most
recent assessment, as applicable.
The waiver authority provided in subsection (c)(3) may only
be exercised with respect to an individual.
Section 7032. Democracy Programs (modified)
The Act provides a total of not less than $2,400,000,000
for democracy programs. Such funds are not intended for
attribution to other sector or program directives included in
the Act.
Subsection (a)(2) designates not less than $89,540,000 for
DRL for certain countries and regional programs. Such funds
are allocated according to the following table and subject to
section 7019 of the Act:
BUREAU FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund:
Libya.................................................... 3,000
Maldives................................................. 500
Middle East Closing Space................................ 2,000
Near East Regional Democracy............................. 15,000
North Korea.............................................. 4,000
Pakistan................................................. 10,000
People's Republic of China............................... 12,040
[of which, Hong Kong].................................... [1,000]
South Sudan.............................................. 1,000
Sri Lanka................................................ 2,000
Sudan.................................................... 1,000
Syria.................................................... 11,000
Venezuela................................................ 3,000
West Africa Anti-Slavery................................. 2,000
Yemen-Counter ISIS....................................... 1,500
Assistance for Europe, Eurasia and Central Asia:
Europe and Eurasia Regional.............................. 19,500
of which, Internet Freedom............................... [4,500]
Uzbekistan............................................... 2,000
------------------------------------------------------------------------
[[Page H1942]]
For the purpose of subsection (c), programs that otherwise
strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions,
and citizens should directly support the development of
democratic states and institutions that are responsive and
accountable to citizens.
The Secretary of State and USAID Administrator shall follow
the directives under this section in the Senate report on
program changes, which is similar to language carried in the
House bill.
Section 7033. International Religious Freedom (modified)
The conference agreement provides not less than $25,000,000
for international religious freedom programs, including for
assistance authorized by the Iraq and Syria Genocide Relief
and Accountability Act of 2018. Transitional justice programs
should support the efforts of entities, including
nongovernmental organizations, to assist in addressing crimes
of genocide, crimes against humanity, and war crimes,
including in Iraq, Syria, Sri Lanka, and Burma.
Funds provided pursuant to this section are allocated
according to the following table and subject to section 7019
of the Act:
INTERNATIONAL RELIGIOUS FREEDOM
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Democracy Fund:
of which, sec. 7033(b)(1) International Religious Freedom [10,000]
Programs................................................
Economic Support Fund:
of which, sec. 7033(b)(2) Protection and Investigation [10,000]
Programs................................................
International Narcotics Control and Law Enforcement:
of which, sec. 7033(b)(4) Transitional Justice, [5,000]
Reconciliation, and Reintegration Programs (from Relief
and Recovery Fund)......................................
------------------------------------------------------------------------
The conference agreement includes not less than $1,000,000
for programs to combat anti-Semitism abroad.
In addition to amounts designated in this section for
transitional justice, reconciliation, and reintegration,
section 7071(b)(2) of the Act includes $5,000,000 from
amounts made available under the Relief and Recovery Fund
(RRF) for such programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes.
Section 7034. Special Provisions (modified)
For purposes of subsection (a), the conference agreement
assumes the term ``victims of war'' includes victims of
torture/trauma.
Subsection (e)(7) extends the availability of up to
$50,000,000 from funds appropriated under Development
Assistance and Economic Support Fund that are made available
to support private sector partnerships, with certain
requirements. The conferees direct the USAID Administrator to
provide the Committees on Appropriations with quarterly
updates on the status of funds made available for such
purpose and the development of such partnerships.
The Secretary of State and USAID Administrator should
provide a direct vetting option for prime awardees in any
partner vetting program as referenced in subsection (f).
USAID's partner vetting program shall be considered to meet
any other requirement to establish, maintain, or implement a
partner vetting or similar program.
In addition to the directives in subsection (l), and with
respect to the implementation of section 203(a)(2) of Public
Law 110-457, the Secretary of State shall consider the
following as sufficient to determine that a diplomatic
mission ``tolerated such actions'': the failure to provide a
replacement passport within a reasonable period of time to a
T-visa recipient; the existence of multiple concurrent civil
suits against members of the diplomatic mission; or the
failure to satisfy a civil judgment against an employee of
the diplomatic mission.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on steps taken by the Government of
Malawi to ensure full payment of the final judgment rendered
in November 2016 in the human trafficking case Lipenga v.
Kambalame, United States District Court for the District of
Maryland, Case No. 8:14-ev-03980. The report shall also
include a description of any steps taken pursuant to section
203 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act (Public Law 110-457).
Local Works.--Not later than 45 days after enactment of the
Act, the USAID Administrator shall post on the USAID website:
(1) a description, with illustrative examples, of how Local
Works is used to promote locally owned and led development
efforts that have as their primary goal the sustainability of
results; (2) the criteria for qualifying for Local Works
funding; (3) simple guidance for submitting proposals for
Local Works funding, including unsolicited proposals; and (4)
a copy of the report and strategy required under the heading
``Local Sustainability Awards Program'' in Senate Report 115-
152, which shall be retitled ``Local Works''.
Section 7035. Arab League Boycott of Israel (unchanged)
Section 7036. Palestinian Statehood (unchanged)
Section 7037. Restrictions Concerning the Palestinian
Authority (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza
(modified)
The conference agreement does not include the statutory
reporting requirement carried in section 7039(g) of division
K of Public Law 115-141. Such reporting requirement is
contained in section 7041 of the Senate report under West
Bank and Gaza, and the conferees direct the Secretary of
State to comply with such requirement in the manner
described.
Section 7040. Limitation on Assistance for the Palestinian
Authority (unchanged)
Section 7041. Middle East and North Africa (modified)
Egypt.--Funds for Egypt are allocated according to the
following table and subject to section 7019 of the Act:
EGYPT
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 112,500
International Narcotics Control and Law Enforcement........ 2,000
Nonproliferation, Anti-terrorism, Demining and Related 3,000
Programs..................................................
International Military Education and Training.............. 1,800
Foreign Military Financing Program......................... 1,300,000
------------
Total.................................................. 1,419,300
------------------------------------------------------------------------
The conference agreement includes not less than $10,000,000
for scholarships for Egyptian students with high financial
need to attend not-for-profit institutions of higher
education in Egypt in the manner described under this section
in the House and Senate reports. Funds for Fulbright
Scholarships are provided under Educational and Cultural
Exchange Programs and are not intended to come from funds
designated under this heading. Not later than 45 days after
enactment of the Act, the Secretary of State, in consultation
with the USAID Administrator, shall consult with the
Committees on Appropriations on the intended uses of funds
made available for scholarships in Egypt.
For the purpose of the certification required under
subsection (a)(3)(A)(v), such cases include the murder of
Giulio Regeni.
The conference agreement requires that an assessment of the
Government of Egypt's compliance with United Nations Security
Council Resolution 2270 and other such resolutions regarding
North Korea be included in the report accompanying any waiver
exercised by the Secretary of State pursuant to subsection
(a)(3)(B). Illicit arms sales and trafficking are a source of
significant revenue for the North Korean regime and present
an increasing threat to United States national security and
global stability.
Not later than 60 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees assessing actions taken by the
Government of Egypt to provide fair compensation to American
citizen April Corley for injuries and losses sustained during
an attack by Egyptian armed forces on September 13, 2015.
Iraq.--Funds for Iraq are allocated according to the
following table and subject to section 7019 of the Act:
IRAQ
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 150,000
of which, Stabilization assistance....................... [50,000]
of which, other country programs......................... [100,000]
Marla Ruzicka Iraqi War Victims Fund (non-add)........... [7,500]
Democracy programs (non-add)............................. [60,000]
Higher education/Scholarships (non-add).................. [10,000]
International Narcotics Control and Law Enforcement........ 5,601
International Military Education and Training.............. 1,000
Foreign Military Financing Program......................... 250,000
------------------------------------------------------------------------
The Secretary of State shall implement the directives in
the House and Senate reports regarding support for American-
style higher education institutions in Iraq in the respective
manners described, except that $10,000,000 shall be made
available for such purposes.
The conference agreement includes funds and authority for
stabilization and recovery assistance to support the safe
return of displaced ethnic and religious minorities to their
communities.
Jordan.--In addition to the amounts designated in the Act
for Economic Support Fund and Foreign Military Financing
Program for assistance for Jordan, the conference agreement
includes not less than $13,600,000 under Nonproliferation,
Anti-terrorism, Demining and Related Programs and not less
than $4,000,000 under International Military Education and
Training for assistance for Jordan. Section 7071(b)(3)(A) of
the Act makes an additional $50,000,000 available for
assistance for Jordan from prior year RRF.
Lebanon.--$10,000,000 shall be made available for a
contribution to the Special Tribunal for Lebanon from no-year
Economic Support Fund balances that remain available for
obligation. Such funds are in addition to funds otherwise
made available by the Act for assistance for Lebanon.
Libya.--The conference agreement includes not less than
$30,000,000 under the RRF for stabilization assistance for
Libya, including for border security programs.
Section 7015(j) of the Act regarding notification of
assistance diverted or destroyed shall apply to funds made
available for assistance for Libya.
Morocco.--Funds for Morocco are allocated according to the
following table and subject to section 7019 of the Act:
[[Page H1943]]
MOROCCO
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 20,000
International Narcotics Control and Law Enforcement........ 5,000
Nonproliferation, Anti-terrorism, Demining and Related 1,500
Programs..................................................
International Military Education and Training.............. 2,000
Foreign Military Financing Program......................... 10,000
------------------------------------------------------------------------
Refugee Assistance in North Africa.--In lieu of the
statement regarding United Nations Security Council
Resolution 2351 in the House report, subsection (h) includes
a reporting requirement regarding the delivery of
humanitarian assistance to refugees in North Africa.
Syria.--The conference agreement includes $40,000,000 for
stabilization assistance for Syria, including for emergency
medical and rescue response and chemical weapons use
investigation and documentation.
The Secretary of State shall consult with the appropriate
congressional committees on the areas inside Syria where
funds made available pursuant to this section in the Act and
prior Acts may be used.
Tunisia.--The conference agreement provides not less than
$191,400,000 for assistance for Tunisia. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
TUNISIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 85,000
International Narcotics Control and Law Enforcement........ 13,000
Nonproliferation, Anti-terrorism, Demining and Related 6,100
Programs..................................................
International Military Education and Training.............. 2,300
Foreign Military Financing Program......................... 85,000
------------------------------------------------------------------------
Section 7071(b)(3)(B) of the Act makes an additional
$50,000,000 available for assistance for Tunisia from prior
year RRF.
West Bank and Gaza.--Of the funds appropriated by the Act
and prior Acts, up to $50,000,000 may be made available for
the purpose of subsection (k)(4) regarding private sector
partnership programs, if authorized.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing assistance for
the West Bank and Gaza appropriated in prior Acts by fiscal
year, account, and program that are withheld from obligation
or disbursement, the specific reason for such withholding,
and the impact of such withholding on the welfare of the
Palestinian people and the national interests of the United
States, Israel, and Jordan. The report shall also include a
description of any policy review on assistance for the West
Bank and Gaza undertaken by the Department of State, USAID,
or any other Federal entity, including the date on which the
review was initiated, the participants in the review, any
consultations by such participants with foreign or
nongovernmental entities, and the findings of the review, if
concluded.
Yemen.--Funds in the Act for assistance for Yemen shall be
made available for stabilization and humanitarian assistance,
including for United Nations stabilization and governance
facilities.
Section 7042. Africa (modified)
Africa Counterterrorism.--Similar to prior years, the
conference agreement includes $25,730,000 for the Partnership
for Regional East Africa Counterterrorism and $90,803,000 for
the Trans-Sahara Counterterrorism Partnership.
Democratic Republic of the Congo.--The conference agreement
includes a total of $75,188,000 for assistance for the
Democratic Republic of the Congo under Development Assistance
and Economic Support Fund.
Ethiopia.--The conferees do not support the use of funds to
further policies or activities that would result in forced
displacement in Ethiopia. Funds made available by the Act or
prior Acts to support activities intended to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the
South Omo and Gambella regions.
Horn of Africa.--The conferees encourage the Department of
State and USAID to explore diplomatic and foreign assistance
opportunities in furtherance of peace in the Horn of Africa.
Lake Chad Basin Countries.--Funds made available pursuant
to subsection (d) shall be made available to support
populations at risk from violent attacks and kidnappings by
Boko Haram, and to support victims of such attacks and
individuals who have escaped captivity, including to meet the
unique needs of women and girls.
In order to effectively support implementation and
oversight of assistance made available pursuant to subsection
(d), the conferees direct the USAID Administrator, after
consultation with the appropriate congressional committees,
to increase the number of USAID personnel in Cameroon, Chad,
and Niger above fiscal year 2018 levels. Not later than 90
days after enactment of the Act, the USAID Administrator
shall submit a report to the appropriate congressional
committees detailing steps taken, and steps planned to be
taken, to implement such directive.
Power Africa.--The conference agreement includes not less
than the fiscal year 2017 funding level for the Power Africa
initiative.
South Sudan.--The conference agreement includes not less
than $100,154,000 for assistance for South Sudan under
Development Assistance and Global Health Programs.
The conference agreement does not include the certification
requirement on assistance for the central Government of South
Sudan. Such certification has not been made in prior fiscal
years, and the conditions necessary for such certification to
be made do not exist. Assistance for such government may not
be made available except for the specific uses listed in
subsection (f).
Not later than 60 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit an update to the strategy
required in section 7042(i) of division J of Public Law 115-
31.
The Secretary of State should encourage the Government of
South Sudan to prioritize the identification of a site for a
New Embassy Compound in Juba, South Sudan.
Section 7043. East Asia and the Pacific (modified)
Burma.--The conference agreement provides $120,500,000 for
assistance for Burma. Funds are allocated according to the
following table and subject to section 7019 of the Act:
BURMA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 86,450
Documentation of human rights violations against Rohingya [3,000]
Documentation of human rights violations in Burma........ [750]
International Narcotics Control and Law Enforcement........ 3,500
------------------------------------------------------------------------
For the purpose of subsection (a)(1)(B)(vi), funds made
available for programs to investigate and document
allegations of ethnic cleansing and other gross violations of
human rights committed against the Rohingya people in Rakhine
state shall be made available for civil society organizations
in Bangladesh and Burma. Prior to the obligation of any such
funds, the Assistant Secretary for DRL shall ensure the
establishment of a standard documentation format and
documentation procedures for use by such organizations, and
shall identify an appropriate repository for such
information.
For the purpose of subsection (a)(1)(B)(vii), funds made
available for programs to investigate and document
allegations of gross violations of human rights committed in
Burma shall be made available for civil society and
international organizations, including those in countries
bordering Burma.
For the purpose of the certification required in subsection
(a)(1)(C)(iv), the Government of Burma's commitments under
the Nationwide Ceasefire Agreement include: (1) the regular
holding of participatory dialogues among stakeholder
communities; (2) a dialogue process that includes all parties
to the civil wars; (3) the involvement of international third
parties in the Joint Ceasefire Monitoring Committee as
observers and technical advisors; and (4) the development of
a Union Accord for Peace that will lead to constitutional
change and resolution of the causes of the civil wars.
Prior to the obligation of funds appropriated by the Act
for assistance for Burma, the Secretary of State shall
consult with the Committees on Appropriations on the planned
uses of funds for Rakhine state, including any contributions
for implementation of the August 2017 Final Report of the
Advisory Commission on Rakhine State entitled ``Towards a
Peaceful, Fair and Prosperous Future for the People of
Rakhine''.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the extent of military
cooperation between Burma and North Korea, and steps taken by
the Government of Burma to: (1) respect human rights and the
rule of law, including protection of media freedom; (2)
revise, update, and repeal colonial-era and other oppressive
laws, including the Unlawful Associations Act, that are used
in prosecution of journalists and other civil society actors
in Burma; and (3) credibly investigate the murder of U Ko Ni.
Cambodia.--No funds are included under International
Military Education and Training and Foreign Military
Financing Program for assistance for Cambodia.
CAMBODIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 0
International Narcotics Control and Law Enforcement 0
(bilateral assistance only)...............................
International Military Education and Training.............. 0
Foreign Military Financing Program......................... 0
------------------------------------------------------------------------
Counter Influence Programs.--The Secretary of State shall
incorporate the counter influence strategy regarding the PRC
required by section 7043(e)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) into the Indo-Pacific
Strategy (IPS), and shall submit a report to the appropriate
congressional committees describing in detail such
incorporation, in classified form if necessary, including a
summary of funding by fiscal year provided for such counter
influence strategy. Funds made available under title I of the
Act shall be made available for public diplomacy programs to
counter the influence of the PRC globally.
[[Page H1944]]
Indonesia.--The conference agreement provides $132,025,000
for assistance for Indonesia. Funds are allocated according
to the following table and subject to section 7019 of the
Act:
INDONESIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 63,000
International Narcotics Control and Law Enforcement........ 10,625
Nonproliferation, Anti-terrorism, Demining and Related 6,000
Programs..................................................
International Military Education and Training.............. 2,400
Foreign Military Financing Program......................... 14,000
------------------------------------------------------------------------
Indo-Pacific Strategy.--The conference agreement provides
not less than $160,000,000 for the IPS, of which $65,000,000
is under Development Assistance, $50,000,000 is under
Economic Support Fund, $30,000,000 is under International
Narcotics Control and Law Enforcement, and $15,000,000 is
under Foreign Military Financing Program.
The Secretary of State shall follow the directives
contained in the Senate report regarding the IPS, including
submission of the IPS to the appropriate congressional
committees prior to the obligation of funds made available
for such purposes in the Act.
Not later than 45 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on
Appropriations a report on the funds made available for the
IPS in prior Acts, including through reprogrammings. The
report shall specify such funds by fiscal year, amount, and
account. The report shall include a brief description of the
activity from which funds were reprogrammed.
Laos.--The conference agreement includes $30,000,000 to
support the goal of the Government of the Lao People's
Democratic Republic (PDR) to eliminate unexploded ordnance as
a barrier to national development. The comprehensive cluster
munitions survey funded in prior Acts is expected to help the
Lao PDR quantify the contamination and prioritize areas and
resources for clearing it. The Act provides notwithstanding
authority to ensure that the humanitarian clearance of
unexploded ordnance and related activities can continue
uninterrupted.
The conference agreement also includes $3,500,000 for
nutrition programs for Lao PDR under Global Health Programs.
North Korea.--The conference agreement includes $10,000,000
for the promotion of human rights in North Korea, of which
$6,000,000 is under National Endowment for Democracy and
$4,000,000 is under Economic Support Fund to be administered
by DRL.
People's Republic of China.--The Secretary of State and
USAID Administrator are directed to provide no assistance to
the central Government of the PRC under Global Health
Programs, Development Assistance, and Economic Support Fund,
except for assistance to detect, prevent, and treat
infectious diseases.
Thailand.--Funds for assistance for Thailand are allocated
according to the following table and subject to section 7019
of the Act:
THAILAND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 2,500
Economic Support Fund...................................... 4,000
of which, democracy and reconciliation programs.......... 4,000
International Narcotics Control and Law Enforcement........ 2,000
Nonproliferation, Anti-terrorism, Demining and Related 2,000
Programs..................................................
International Military Education and Training.............. 0
------------------------------------------------------------------------
The conference agreement does not include assistance for
Thailand under International Military Education and Training,
which is prohibited due to the application of section 7008 of
the Act. National elections in Thailand are scheduled for
February 2019, and the Committees on Appropriations will
consider resuming such assistance if a democratically elected
government has taken office. The use of section 614 of the
Foreign Assistance Act of 1961 to circumvent the restriction
on assistance for Thailand contained in section 7008 of prior
Acts has not been justified.
Timor-Leste.--Funds for assistance for Timor-Leste are
allocated according to the following table and subject to
section 7019 of the Act:
TIMOR-LESTE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 16,000
International Military Education and Training.............. 200
------------------------------------------------------------------------
Vietnam.--The conference agreement provides $149,250,000
for assistance for Vietnam. Funds are allocated according to
the following table and subject to section 7019 of the Act:
VIETNAM
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 57,750
of which, Vietnam Education Foundation Act of 2000....... 5,000
Economic Support Fund...................................... 27,500
of which, reconciliation programs........................ 1,000
International Narcotics Control and Law Enforcement........ 6,000
International Military Education and Training.............. 1,500
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs..................................................
humanitarian demining.................................... [15,000]
Foreign Military Financing Program......................... 12,000
------------------------------------------------------------------------
Subsection (h)(3) provides funds for reconciliation
programs in Vietnam to address war legacy issues.
Section 7044. South and Central Asia (modified)
Afghanistan.--Concurrent with submission of the spend plan
required by section 7070(b) of the Act, the Secretary of
State shall submit to the Committees on Appropriations a
report detailing the following: (1) goals and benchmarks
established by the Governments of the United States and
Afghanistan for the use of assistance made available by the
Act and the status of achieving such goals and benchmarks;
(2) laws and policies implemented by the Government of
Afghanistan to govern democratically and protect the rights
of individuals, civil society, and the media; (3) an
assessment of steps taken by the Government of Afghanistan to
protect the rights of women and girls; (4) whether the
Government of Afghanistan is effectively implementing a
whole-of-government, anti-corruption strategy that has been
endorsed by the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels Conference on
Afghanistan in October 2016, and is prosecuting individuals
alleged to be involved in corrupt or illegal activities in
Afghanistan; (5) monitoring and oversight frameworks for
programs implemented, including in areas under the control of
the Taliban or other extremist organizations; and (6) if the
Government of Afghanistan is publicly reporting its national
budget, including revenues and expenditures.
In preparing the goals and benchmarks for such report, the
Secretary of State, in consultation with the USAID
Administrator, shall review and consolidate the goals and
benchmarks contained in the South Asia Strategy, the Revised
Strategy for United States Engagement in Afghanistan, the
USAID Country Development Cooperation Strategy for
Afghanistan, and other relevant United States or bilateral
strategies supported by funds made available by the Act and
prior Acts. The goals and benchmarks included in such report
should reflect such review and consolidation.
Prior to exercising the authority in subsection
(a)(2)(A)(ii), the Secretary of State and USAID
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the proposed reconciliation
program or disarmament, demobilization, and reintegration
activity to be supported with funds appropriated by the Act
and made available for assistance for Afghanistan.
Funds appropriated by the Act and prior Acts under
Diplomatic Programs and Embassy Security, Construction, and
Maintenance may be made available to establish/reestablish
and maintain one or more Embassy Branch Offices in
Afghanistan, following consultation with, and subject to the
regular notification procedures of, the Committees on
Appropriations. Not later than 90 days after enactment of the
Act, the Secretary of State shall submit to the Committees on
Appropriations a report detailing the criteria for the
establishment/reestablishment of Embassy Branch Offices in
Afghanistan, including the security requirements to
establish/reestablish such offices.
The SIGAR shall update the assessment of the implementation
of the Afghanistan National Strategy for Combating Corruption
by the Government of Afghanistan, including efforts to
prosecute individuals alleged to be involved in corrupt or
illegal activities.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit to the Committees on
Appropriations an assessment of the dollar value of improper
taxes or fees levied by the Government of Afghanistan against
United States companies and organizations in fiscal year
2018.
India.--The conference agreement provides $112,000,000 for
assistance for India. Funds are allocated according to the
following table and subject to section 7019 of the Act:
INDIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 25,000
Environment programs..................................... [12,750]
Economic Support Fund...................................... 16,500
Technical assistance to India's Development Partnership [5,000]
Administration..........................................
Nonproliferation, Anti-terrorism, Demining and Related 2,800
Programs..................................................
International Military Education and Training.............. 1,500
------------------------------------------------------------------------
Maldives.--Funds for assistance for Maldives are allocated
according to the following table and subject to section 7019
of the Act:
MALDIVES
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 1,500
Environment programs..................................... [1,500]
Economic Support Fund...................................... 2,000
International Military Education and Training.............. 400
Foreign Military Financing Program......................... 400
------------------------------------------------------------------------
Pakistan.--In October 2018, Asia Bibi was cleared of
blasphemy charges after spending eight years under sentence
of death. There is ongoing concern for her safety in
Pakistan, and her freedom to exercise her right to seek
asylum in another country.
Not later than 90 days after enactment of the Act, the
USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for the Afghan
Civilian Assistance Program and the Pakistan Civilian
Assistance Program to assist
[[Page H1945]]
civilians who have been harmed as a result of military
operations.
The conference agreement includes $5,000,000 under
International Narcotics Control and Law Enforcement for the
recruitment, retention, and professionalization of women in
the police forces of Pakistan.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing United States security assistance
policy toward Pakistan, including: (1) a description of funds
made available by the Act and prior Acts that were suspended
by such policy (by account and fiscal year); (2) the intended
goals and objectives for the suspension of such funds; and
(3) progress made toward achieving such goals.
Section 7045. Latin America and the Caribbean (modified)
Central America.--The conference agreement provides
assistance for countries in Central America, including to
implement the United States Strategy for Engagement in
Central America.
Funds for the Central America Regional Security Initiative
are allocated according to the following table and subject to
section 7019 of the Act:
CENTRAL AMERICA REGIONAL SECURITY INITIATIVE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 100,000
Mission to Support the Fight Against Corruption and [3,000]
Impunity in Honduras....................................
International Narcotics Control and Law Enforcement........ 190,000
DNA forensic technology.................................. [8,000]
International Commission Against Impunity in Guatemala... [6,000]
Mission to Support the Fight Against Corruption and [2,000]
Impunity in Honduras....................................
------------------------------------------------------------------------
Other funds provided for assistance for countries in
Central America are allocated according to the following
table and subject to section 7019 of the Act:
OTHER ASSISTANCE FOR CENTRAL AMERICA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Global Health Programs..................................... 13,000
Guatemala................................................ [13,000]
Development Assistance..................................... 190,000
Transfer to Inter-American Foundation.................... [10,000]
Nonproliferation, Anti-terrorism, Demining and Related 500
Programs..................................................
Panama................................................... [500]
International Military Education and Training.............. 4,100
Foreign Military Financing Program......................... 30,000
------------------------------------------------------------------------
The conference agreement provides the Secretary of State
with flexibility to allocate funds among countries in the
Northern Triangle. Such funds should be allocated based on
the progress made by each country in the areas of prosperity,
security, and governance since 2014, including progress made
toward meeting the conditions in prior Acts, and the
demonstrated commitment to reform by each central government,
including reforms that will reduce illegal migration and
reduce corruption and impunity. The Secretary shall specify
country levels and include a justification for the allocation
of funds (based on such progress and demonstrated commitment)
in a single spend plan submitted pursuant to section 7070(b)
of the Act.
Not later than 60 days after enactment of the Act and prior
to the submission of the spend plan, the Secretary of State,
in coordination with the USAID Administrator, shall issue a
progress report based on the existing plan for monitoring and
evaluation. The report shall be submitted to the appropriate
congressional committees and the information contained in the
report shall be posted on the Department of State and USAID
websites in a timely manner. The report should inform the
justification for the allocation of funds in the spend plan,
and congressional notifications submitted for countries in
Central America shall describe how programs align with such
plan for monitoring and evaluation.
The Secretary of State, in coordination with the USAID
Administrator, shall establish a cost-matching requirement
that leverages from the governments of El Salvador,
Guatemala, and Honduras $5 for every $1 made available by the
Act for each country. Congressional notifications submitted
for such countries shall include a detailed description of
the implementation of this requirement.
Subsection (a)(1) includes modified language withholding 50
percent of the assistance made available for each of the
central governments of El Salvador, Guatemala, and Honduras,
until the Secretary of State certifies and reports that such
government is meeting certain conditions. In making such
certification, the Secretary of State shall consider the
following: (1) relating to subparagraph (E), whether the
autonomous entity operates transparently and is
representative of a broad cross section of society; (2)
relating to subparagraph (G), whether the government is
increasing the capacity and independence of the judiciary and
the Office of the Attorney General, including on civil,
criminal, and tax matters, and whether the government is
implementing international best practices to ensure due
process; (3) relating to subparagraph (J), whether such
personnel include military and police commanding officers and
that they are cooperating in such cases; (4) relating to
subparagraph (N), whether the government is protecting the
rights of human rights defenders and other civil society
activists, trade unionists, and journalists; (5) relating to
subparagraph (O), whether the government is implementing
tax reforms that increase government revenue and
transparency in the tax collection system, and that
strengthen customs agencies; and (6) relating to
subparagraph (P), whether the government is resolving
commercial disputes between United States entities and
such government, including the confiscation of real
property, and increasing the timeliness of reimbursements
to United States businesses. The Secretary shall include
such information in the report accompanying the
certification.
The conference agreement supports efforts to strengthen the
rule of law by combating corruption and impunity in Central
America by providing: (1) $6,000,000 for the International
Commission against Impunity in Guatemala; (2) $5,000,000 for
the Mission to Support the Fight against Corruption and
Impunity in Honduras; and (3) $20,000,000 for the offices of
the Attorneys General/Public Ministries of El Salvador,
Guatemala, and Honduras. In allocating funds for these
purposes, the Secretary of State should consider the
capacity, record, and commitment to the rule of law of each
office. The spend plan shall describe the amounts and
proposed uses of funds for these entities.
The conference agreement includes not less than $6,000,000
for programs to address sexual and gender-based violence in
the Northern Triangle.
The conference agreement provides $40,725,000 for
assistance for Costa Rica. Such funds, which are derived from
within the amounts specified in the ``Central America
Regional Security Initiative'' and ``Other Assistance for
Central America'' tables above, are allocated according to
the following table and subject to section 7019 of the Act:
COSTA RICA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
International Narcotics Control and Law Enforcement........ 32,500
Central America Regional Security Initiative............. [32,500]
International Military Education and Training.............. 725
Foreign Military Financing Program......................... 7,500
------------------------------------------------------------------------
The conference agreement does not include funding for
Nicaragua under title IV. Assistance provided for Nicaragua
should only be for programs that promote democracy and the
rule of law, and no funds are included for assistance for the
central Government of Nicaragua.
Colombia.--Subsection (b)(1) provides not less than
$418,253,000 for assistance for Colombia. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
COLOMBIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 187,328
Afro-Colombian and indigenous communities................ [20,000]
Human rights............................................. [9,000]
Biodiversity............................................. [5,000]
International Narcotics Control and Law Enforcement........ 170,000
Investigations and prosecutions of human rights [10,000]
violations..............................................
Investigations and prosecutions of environmental crimes.. [1,000]
Nonproliferation, Anti-terrorism, Demining and Related 21,000
Programs..................................................
International Military Education and Training.............. 1,400
Foreign Military Financing Program......................... 38,525
------------------------------------------------------------------------
The conference agreement provides resources above the
fiscal year 2018 level under International Narcotics Control
and Law Enforcement to bolster Colombia's drug eradication
and interdiction efforts and enhance rural security.
The spend plan submitted pursuant to section 7070(b) of the
Act for assistance for Colombia shall describe in detail the
proposed uses of funds by account and activity, including the
activities specified in subsection (b)(1)(A) through (F) of
this section, and the amounts made available from prior Acts
for such activities.
The report accompanying the certification submitted
pursuant to subsection (b)(3) shall include metrics and
related information to support such certification.
For the purposes of subsections (b)(4)(B) and (b)(4)(C)
respectively, the terms ``those responsible'' and ``senior
military officers responsible'' shall include the
intellectual authors of such crimes. The Secretary of State
should not submit the report directed in the House report
under this section regarding justice and rule of law
activities.
Haiti.--The Secretary of State, in coordination with the
USAID Administrator, shall review the sustainability of
programs funded by the Act and prior Acts for assistance for
Haiti and, not later than 120 days after enactment of the
Act, submit a report to the Committees on Appropriations
detailing the findings of such review. The review shall
examine programs funded since the 2010 earthquake to
determine whether such programs were sustained, reasons why
such programs were or were not sustained, and recommendations
for current and future programing in order to increase
program sustainability. The Secretary and USAID Administrator
shall consult with the Committees on Appropriations on this
report not later than 30 days after enactment of this Act.
In lieu of the directives in the House and Senate reports
under this heading regarding border security and controls,
the Secretary of State is directed to work with the
governments of Haiti and the Dominican Republic
[[Page H1946]]
to develop plans to strengthen border security and control.
Such plan should improve security, enhance customs
operations, increase transparency, and minimize corruption.
Not later than 90 days after enactment of the Act, the
Secretary, in consultation with the USAID Administrator,
shall submit to the Committees on Appropriations a report on
such efforts, including a description of the uses of funds
made available or intended to be made available by the Act
and prior Acts to support such plans.
The conference agreement provides $1,500,000 for Haiti
prison assistance in the manner described under this heading
in the Senate report.
The report required under this heading in the Senate report
shall be submitted prior to the obligation of assistance for
Haiti, but not later than 45 days after enactment of the Act.
Venezuela.--Subsection (d) provides $17,500,000 under
Economic Support Fund for democracy and rule of law programs
for Venezuela. The conference agreement does not include
funding for Venezuela under title IV or for the central
government.
The conference agreement supports assistance for Venezuelan
refugees and migrants and the countries and communities
impacted by such populations. Not later than 90 days after
enactment of the Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit to the appropriate
congressional committees a strategy for assisting such
individuals, countries, and communities. The strategy shall
describe how funds made available in the Act and prior Acts
will support international and host country efforts to
provide essential services for Venezuelan refugees and
migrants and support host communities. The strategy shall
also describe actions taken or planned to be taken by
international organizations to support such activities. The
Secretary of State and USAID Administrator shall consult with
the appropriate congressional committees on such strategy not
later than 30 days after enactment of the Act.
Caribbean Basin Security Initiative.--The conference
agreement provides $58,000,000 for the Caribbean Basin
Security Initiative. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
CARIBBEAN BASIN SECURITY INITIATIVE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 25,250
International Narcotics Control and Law Enforcement........ 25,250
Foreign Military Financing Program......................... 7,500
------------------------------------------------------------------------
Mexico.--The conference agreement provides $162,660,000 for
assistance for Mexico. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
MEXICO
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 45,000
International Narcotics Control and Law Enforcement........ 110,000
Nonproliferation, Anti-terrorism, Demining and Related 1,160
Programs..................................................
International Military Education and Training.............. 1,500
Foreign Military Financing Program......................... 5,000
------------------------------------------------------------------------
The Secretary of State shall follow the directive under
this section in the Senate report regarding Foreign Military
Financing Program assistance for Mexico. The Secretary of
State should not submit the report directed under this
section in the House report regarding Mexico.
Other Assistance for Latin America and the Caribbean.--
Funds provided for assistance for Peru should support
counternarcotics programs. Additional funds should be made
available to expand such programs if the Government of Peru
decides to implement them in the Valley of the Apurimac, Ene,
and Mantaro Rivers.
Funds provided for Western Hemisphere regional security
cooperation are in addition to amounts otherwise provided for
bilateral and regional programs under International Narcotics
Control and Law Enforcement.
Section 7046. Europe and Eurasia (modified)
Georgia.--The conference agreement provides not less than
$127,025,000 for assistance for Georgia. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
GEORGIA
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 83,025
International Narcotics Control and Law Enforcement........ 5,700
Nonproliferation, Anti-terrorism, Demining and Related 1,100
Programs..................................................
International Military Education and Training.............. 2,200
Foreign Military Financing Program......................... 35,000
------------------------------------------------------------------------
The Secretary of State shall consult with the Committees on
Appropriations prior to submitting the report required under
this heading in the House report.
Ukraine.--The conference agreement provides not less than
$445,700,000 for assistance for Ukraine. Within this total,
funds are allocated according to the following table and
subject to section 7019 of the Act:
UKRAINE
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 250,000
International Narcotics Control and Law Enforcement........ 30,000
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs..................................................
International Military Education and Training.............. 2,900
Foreign Military Financing Program......................... 115,000
------------------------------------------------------------------------
The conference agreement includes additional assistance
under Global Health Programs.
Turkey.--Subsection (d)(2) requires the Secretary of State
to update the report required by Public Law 115-232. Such
report is in lieu of the report directed in the Senate report
regarding the purchase of the S-400 missile defense system.
The report required under this section in the Senate report
related to American citizens held under wrongful or unlawful
prolonged detention in Turkey shall also include the same
information for any case involving such detention of locally
employed staff of the Department of State or USAID in Turkey.
Other Assistance for Europe and Eurasia.--The conference
agreement includes funding at levels consistent with prior
years to further the economic, social development, and
reconciliation goals of Public Law 99-415.
Section 7047. Countering Russian Influence and Aggression
(modified)
Countering Russian Influence Fund.--The conference
agreement provides not less than $275,000,000 for the
Countering Russian Influence Fund, which is in addition to
amounts made available for bilateral assistance for countries
in Europe, Eurasia and Central Asia. Such funds are allocated
according to the following table and subject to section 7019
of the Act:
COUNTERING RUSSIAN INFLUENCE FUND
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 75,000
International Narcotics Control and Law Enforcement........ 62,500
International Military Education and Training.............. 5,000
Foreign Military Financing Program......................... 132,500
------------------------------------------------------------------------
In allocating funds for countries that are members of the
North Atlantic Treaty Organization or the European Union, the
Secretary of State should consider the degree to which such
countries may be vulnerable to influence by the Russian
Federation and their economic and technical capability to
effectively respond to aggression by the Russian Federation.
In lieu of the directive in the Senate report under this
heading concerning Russia reporting requirements, the
Secretary of State is directed to update the reports required
by section 7071(b)(2) and (e) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) not later than 45 days
after enactment of the Act.
Section 7048. United Nations (modified)
The Secretary of State shall include information on an
organization-by-organization basis in the report submitted
pursuant to subsection (a). Such report should also include
recommendations for reducing travel costs and improving the
oversight of travel at such entities.
Section 7049. Law Enforcement and Security (new)
Section 7049 consolidates a number of provisions carried in
prior Acts and contains new provisions related to law
enforcement and security.
Security Force Professionalization.--Funds made available
under International Narcotics Control and Law Enforcement
pursuant to subsection (a)(5) shall be made available to
increase partner capacity to collect, track, and analyze data
on arbitrary arrest, abuse of detainees, and harm to
civilians resulting from law enforcement operations of the
respective government, including to apply lessons learned to
future law enforcement activities, and to enhance
investigative capacity, transparency, and accountability.
Funds made available under Peacekeeping Operations pursuant
to such subsection shall be made available to increase
partner capacity to collect, track, and analyze data on
civilian casualties resulting from military operations of the
respective government, including to apply lessons learned to
future operations, and to enhance investigative capacity,
transparency, and accountability.
International Prison Conditions.--Subsection (b)(3)
provides funding for assistance to eliminate inhumane
conditions in foreign prisons and other detention facilities,
including access to safe drinking water and sanitation, food,
and medical care, and to address other basic needs and
protect the due process rights of prisoners and detainees.
Assistance should be prioritized for countries in Central
America and the Caribbean, Africa, the Middle East, and
Southeast Asia.
Section 7050. Arms Trade Treaty (unchanged)
Section 7051. International Conferences (unchanged)
Section 7052. Aircraft Transfer, Coordination, and Use
(modified)
The conference agreement includes authority permitting the
Secretary of State to seek reimbursement for less than the
full cost of providing air transport to Federal or non-
Federal personnel in Department-owned or leased aircraft,
including in Afghanistan. Not later than 180 days after
enactment of
[[Page H1947]]
the Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the cost of providing air
transport services in Afghanistan since conception of the
program, including a history of annual costs, factors
contributing to any growth in cost, and the Department's
efforts to seek reimbursement for transporting other Federal
and non-Federal personnel.
Section 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments (unchanged)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Prohibition on Publicity or Propaganda
(unchanged)
Section 7056. Disability Programs (unchanged)
Section 7057. United States Agency for International
Development Management (unchanged)
Section 7058. Global Health Activities (modified)
Subsection (d) repurposes $38,000,000 for USAID to carry
out programs to accelerate the capacities of targeted
countries to prevent, detect, and respond to infectious
disease outbreaks, and $2,000,000 for an additional amount
for the Emergency Reserve Fund to enable the United States
and the international public health community to respond
rapidly to emerging health threats.
The conferees note the strategy required in this section of
the explanatory statement of division K of Public Law 115-141
is more than 60 days overdue and urge that it be submitted as
described and in an expeditious manner.
Section 7059. Gender Equality (unchanged)
Section 7060. Sector Allocations (modified)
Environment Programs.--Subsection (c) includes authority
for environment programs, subject to the regular notification
procedures of the Committees on Appropriations. Additionally,
subsection (c) states that none of the funds in the Act are
appropriated or otherwise made available for a contribution,
grant, or other payment to the Green Climate Fund.
Funds for certain bilateral environment programs are
allocated according to the following table and subject to
section 7019 of the Act:
ENVIRONMENT PROGRAMS
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Programs Authority
------------------------------------------------------------------------
Andean Amazon.............................................. 20,500
Brazilian Amazon........................................... 11,000
Central Africa Regional Program for the Environment........ 40,000
USAID.................................................... [21,900]
United States Fish and Wildlife Service.................. [18,100]
Guatemala/Belize........................................... 5,000
USAID.................................................... [3,500]
Department of the Interior............................... [1,500]
Lacey Act.................................................. 2,500
United States Fish and Wildlife Service.................... 10,900
Great apes............................................... [5,000]
Migratory bird conservation.............................. [750]
Endangered sea turtles................................... [150]
United States Forest Service............................... 6,000
USAID/Indonesia Orangutan program.......................... 2,750
Toxic chemicals............................................ 7,000
Waste recycling............................................ 7,000
------------------------------------------------------------------------
Not later than 45 days after enactment of the Act and prior
to the obligation of funds made available pursuant to
subsection (c), the Secretary of State, USAID Administrator,
Director of the United States Fish and Wildlife Service
(USFWS), Director of the United States Forest Service (USFS),
and Secretary of Interior are directed to consult with the
Committees on Appropriations on the uses of such funds.
Funds included for USFWS, USFS, and the Department of the
Interior (DOI) shall be provided through direct transfers
pursuant to section 632(a) of the FAA not later than 90 days
after enactment of the Act. Prior to such transfers, the
USFWS, USFS, and DOI shall submit spend plans to the
Committees on Appropriations and to USAID detailing the
planned uses of such funds and expected programmatic results.
The conference agreement includes not less than fiscal year
2017 levels for USAID Great Apes programs.
The conference agreement includes not less than $90,664,000
to combat wildlife poaching and trafficking, of which not
less than $10,000,000 shall be made available for programs to
combat rhinoceros poaching primarily for site-based, anti-
poaching activities to address immediate requirements.
The conference agreement includes $5,000,000 for tropical
forest conservation in Guatemala and Belize and the
preservation of archaeological sites in the Maya Biosphere
Reserve (MBR), of which not less than $1,500,000 shall be
provided to the DOI by direct transfer. The conference
agreement does not support funding for road construction or
logging activities in national parks or the MBR, except for
community forest concessions in the MBR.
The conference agreement supports funding for renewable
energy and adaptation programs as specified in the table
entitled ``Funding for Environment and Energy Programs'' in
the Senate report.
Not later than 90 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator and the heads of other relevant Federal
agencies, shall submit to the Committees on Appropriations
the United States Government strategies in the manner
described under section 7060 in the Senate report.
Reconciliation Programs.--In lieu of the directives on
reconciliation programs in the House and Senate reports,
$30,000,000 is included for people-to-people reconciliation
programs to be carried out in a manner consistent with long-
standing congressional intent. Not later than 60 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses of
such funds and the amounts to be made available for such
purposes.
Trafficking in Persons.--The conference agreement includes
not less than $80,822,000 for programs and activities to
combat trafficking in persons internationally, including
$13,822,000 provided under Diplomatic Programs for the Office
to Monitor and Combat Trafficking in Persons, and not less
than $67,000,000 from funds made available under titles III
and IV. Of such amounts, not less than $45,000,000 is made
available under International Narcotics Control and Law
Enforcement and a total of $22,000,000 is included under
Assistance for Europe, Eurasia and Central Asia, Development
Assistance, and Economic Support Fund for these purposes.
Within the amounts made available under International
Narcotics Control and Law Enforcement, $36,000,000 is to be
administered by the Office to Monitor and Combat Trafficking
in Persons. The conference agreement includes $5,000,000 for
child protection compacts, pursuant to the Trafficking
Victims Protection Act of 2000, as amended by Public Law 113-
4, which may be made available following consultation with
the appropriate congressional committees.
Funds designated for programs to end modern slavery in the
table under International Narcotics Control and Law
Enforcement in title IV are in addition to funds allocated to
combat trafficking in persons pursuant to this section and
shall be awarded on an open and competitive basis.
Water and Sanitation.--Funds made available for water and
sanitation programs shall be implemented in accordance with
the Senator Paul Simon Water for the World Act of 2014
(Public Law 113-289). In furtherance of the mandate of the
Water for the World Act to provide sustainable access to
clean water and sanitation for the world's poorest people and
in order to promote transparency and accountability, not
later than 45 days after enactment of the Act, the USAID
Administrator shall submit to the appropriate congressional
committees the specific weighting of criteria in the WASH
Needs Index and an explanation of how it is used to
prioritize funding that is proportionate to the needs of a
country for water, sanitation, and hygiene projects.
Section 7061. Enterprise Funds (unchanged)
Section 7062. Impact on Jobs in the United States (unchanged)
Section 7063. Overseas Private Investment Corporation
(unchanged)
Section 7064. Inspectors General (unchanged)
Section 7065. Global Internet Freedom (modified)
The conference agreement provides not less than $60,500,000
for programs to promote Internet freedom globally. Funds for
such activities appropriated in title III of the Act are
allocated according to the following table and subject to
section 7019 of the Act:
GLOBAL INTERNET FREEDOM
(Budget authority in thousands of dollars)
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 22,025
Near East Regional Democracy............................. [16,750]
Democracy Fund (Department of State)....................... 14,000
Democracy Fund (USAID)..................................... 3,500
Assistance for Europe, Eurasia and Central Asia............ 5,975
------------------------------------------------------------------------
In addition to funds made available in title III, the
conference agreement also includes $15,000,000 for Internet
freedom under Broadcasting Board of Governors, including
$13,800,000 for International Broadcasting Operations for
programs and $1,200,000 for the associated personnel costs of
RFA.
Section 7066. Multi-Year Pledges (unchanged)
Section 7067. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment (modified)
Section 7068. Extradition (unchanged)
Section 7069. War Crimes Tribunals (unchanged)
Section 7070. Budget Documents (modified)
Spend Plans.--The Secretary of State or USAID
Administrator, as applicable, shall submit each spend plan
required by subsection (b) with all planned accounts,
countries, programs, and activities. Partial spend plans will
not be considered complete for the purposes of this
requirement. Any funds notified pursuant to paragraph (3)
shall be noted in the subsequent spend plan.
Section 7045 of the Act provides additional guidance for
spend plans submitted for assistance for Colombia and the
countries in Central America.
Section 7071. Stabilization and Development in Regions
Impacted by Extremism and Conflict (modified)
Relief and Recovery Fund.--The conference agreement
provides not less than $200,000,000 for the RRF, of which
$85,000,000 is under Economic Support Fund, $25,000,000 is
under International Narcotics Control and Law Enforcement,
$25,000,000 is under Nonproliferation, Anti-terrorism,
Demining and Related Programs, $40,000,000 is under
Peacekeeping Operations, and $25,000,000 is under Foreign
Military Financing Program.
In addition to prior year funds from the RRF made available
by subsection (b)(3) for Jordan and Tunisia, funds
appropriated in prior Acts that are made available for the
RRF should also be made available for assistance for Lebanon
and for countries in East and West Africa, the Sahel, and the
Lake Chad Basin region.
[[Page H1948]]
Funds made available for the RRF shall be made available,
to the maximum extent practicable, on a cost-matching basis
from sources other than the United States Government.
Prevention of Failed States Through Public-Private
Partnerships.--Subsection (c) makes up to $10,000,000
available to develop and implement a public-private
partnerships program to accelerate a coherent approach to
development in fragile states and states threatened or
adversely impacted by economic and political instability or
violent extremism, which shall be in addition to other
bilateral assistance for such states.
In implementing such public-private partnership program,
the Secretary of State and the USAID Administrator shall: (1)
ensure the program is fully integrated and consistent with
the development strategy for recipient countries; (2) require
the central government to commit to implementation of such
program in a transparent and accountable manner; (3)
prioritize the participation of local organizations in
participating as implementers and provide for the training
and mentoring of such organizations; and (4) coordinate and
ensure complementarity with other bilateral and regional
programs funded by the Act and prior Acts, and with other
development and security programs conducted by other Federal
agencies and international donors.
Prior to the obligation of funds made available by the Act
for such program, the Secretary of State and USAID
Administrator shall jointly submit a report to the Committees
on Appropriations detailing: (1) the states potentially
eligible for the program; (2) the requirements of the central
governments for participation in the program and program
conditionality, if any; and (3) benchmarks to measure the
effectiveness of such program.
Countering Violent Extremism in Asia.--USAID's Regional
Development Mission for Asia shall consult with the
Committees on Appropriations on the design and implementation
of programs to counter violent extremism in Asia, including
within, and among, Buddhist communities in Burma, Cambodia,
Laos, Sri Lanka, Tibet, Thailand, and Vietnam.
Section 7072. United Nations Population Fund (unchanged)
Section 7073. Reorganization and Information Technology
(modified)
Funds made available by the Act are provided in the amounts
necessary for, and for the purposes of, maintaining the on-
board Foreign Service and Civil Service staff levels of the
Department of State and USAID at not less than the levels as
of December 31, 2017. The conferees assume such levels
reflect minimum necessary hiring, and the Secretary of State
and USAID Administrator are encouraged to work with the
Committees on Appropriations to increase hiring above such
levels, as appropriate. The explanatory statement
accompanying division K of Public Law 115-141 contains a
similar directive, with which the Department of State and
USAID have not complied.
The conference agreement assumes sufficient funding for
introductory classes for the Department of State Foreign
Service (A-100 classes) at the pre-fiscal year 2017 rate, and
the Secretary of State shall continue such classes in such
manner. The Secretary is directed to report to the
appropriate congressional committees not later than 45 days
after enactment of the Act on the schedule for the A-100
classes.
Pursuant to subsection (a)(1), the notification shall
include: (1) a detailed description of, and justification
for, the proposed action, including any policies or
procedures currently or expected to be used to implement
Executive Order 13781; (2) the current organizational chart,
showing the operating units of the respective department,
agency or organization and a brief description of each
operating unit; the number of employees for each operating
unit; the proposed new organizational chart with descriptions
of each new operating unit; and the number of employees once
the proposed reorganization is complete; (3) an assessment of
how the proposed action will improve the efficiency,
effectiveness, performance, and accountability (including
through modernizing information technology platforms and
streamlining administrative functions) of the department,
agency, or organization; (4) an analysis of the impact of any
such change on the ability to advance the national interest
of the United States through diplomacy and development, and
to conduct adequate monitoring and oversight of foreign
assistance programs, and any legislative change necessary to
implement such proposals; (5) the estimated cost, including
for design, implementation, facilities, and personnel for
fiscal years 2019 and 2020; (6) the estimated timeline to
complete the proposed action; and (7) an assessment of any
cost savings and efficiencies achieved through implementation
of each element of the proposed action.
The conferees direct the USAID Administrator to update, as
appropriate and in writing, the Committees on Appropriations
if implementing the recommendations and conclusions of the
Foreign Assistance Review (FAR) would affect the information
or proposed changes in USAID ``Reorg CNs #1-9''.
In addition, not later than 60 days after completion of the
FAR, the Secretary of State and USAID Administrator shall
submit a report to the Committees on Appropriations detailing
the anticipated impact of the FAR on Department of State and
USAID programs and operations in future fiscal year budget
requests.
Pursuant to subsection (b)(2)(A), the report shall include
the following information on a quarterly basis: (1) actual
obligations to date for all implementation costs associated
with ``Reorg CNs #1-9'' by the categories detailed in USAID's
response to the Committees on Appropriations on October 30,
2018, to include the salaries and benefits of United States
Direct Hire employees working directly on implementation of
each reorganization and the source of such funding; (2) a
project status and projected timeline for each of the
reorganizations based on the milestones and timelines
provided to the Committees on Appropriations on October 30,
2018; and (3) actual and anticipated United States Direct
Hire workforce level changes by bureau and operating unit
as a result of the reorganizations, including staffing
shifts between functions.
Not later than 60 days after completion of the zero-based
budgeting and personnel staffing exercise being conducted in
support of USAID's transformation initiative, the USAID
Administrator shall submit to the Committees on
Appropriations a detailed report that includes: (1) a summary
of the operating and personnel costs, including such costs
that are paid from program funds, of each operating unit,
overseas mission, or overseas office prior to transformation;
(2) an estimate of such costs for each operating unit,
overseas mission, or overseas office after transformation;
and (3) a comparison of the total operating cost of the
Agency prior to, and after, transformation detailed by
Overseas Missions costs, Washington Support costs, and
Central Support costs, and their subcategories.
The USAID Administrator shall regularly consult with the
appropriate congressional committees and development
stakeholders on efforts to transition nations from assistance
recipients to enduring diplomatic, economic, and security
partners, which shall include any changes to the guiding
principles and metrics to support such efforts, and on other
matters related to the implementation plan required by
section 7069(b) of division K of Public Law 115-141.
Not later than 180 days after enactment of the Act, the
Secretary of State and USAID Administrator shall submit to
the appropriate congressional committees an updated
implementation plan on country transitions from assistance,
as required by section 7069(b)(2) of division K of Public Law
115-141.
The waiver authority and notification requirement of
section 7015(e) of this Act shall apply to the requirements
of paragraph (1) of this subsection.
Section 7074. Rescissions (modified)
Section 7075. John S. McCain Scholars Program (new)
The conference report includes $1,600,000 for three
scholarship and fellowship programs in honor of the late
Senator John S. McCain for the purposes outlined in, and the
amounts specified under, Educational and Cultural Exchange
Programs in the Senate report.
Section 7076. Afghan Special Immigrant Visas (new)
The conferees direct the Department of State to create and
implement a system of prioritization for the processing of
Afghan Special Immigrant Visa applicants based on the threats
they face and after reviewing the facts of each case, giving
appropriate consideration to those applicants who, during
their qualifying service, assisted in combat operations.
Section 7077. Saudi Arabia (new)
The Act does not include the following general provisions
from division K of Public Law 115-141: Section 7056, Section
7064, Section 7069, and Section 7080.
TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The conference agreement provides an additional
$3,225,971,000 for Diplomatic Programs, of which
$2,626,122,000 is for WSP, for the extraordinary costs of
operations and security, including in Afghanistan, Pakistan,
Iraq, areas of unrest, and high threat and high risk posts,
which is designated for OCO/GWOT pursuant to BBEDCA.
Within the total, up to $5,000,000 may be transferred to
other agencies to support operations in, and assistance for,
Afghanistan. The Secretary of State is directed to include in
the operating plan required by section 7070(a) of the Act a
description of any funds transferred to other agencies in
support of Afghanistan operations, including projected
transfer amounts and the number of staff supported by each
agency, and operating levels for Afghanistan, Pakistan, and
Iraq.
OFFICE OF INSPECTOR GENERAL
The conference agreement provides an additional $54,900,000
for Office of Inspector General for the SIGAR, which is
designated for OCO/GWOT pursuant to BBEDCA.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The conference agreement provides an additional $96,240,000
for Contributions to International Organizations for the
extraordinary costs of United Nations missions, including in
Afghanistan, Iraq, Libya, and Somalia, which is designated
for OCO/GWOT pursuant to BBEDCA.
[[Page H1949]]
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The conference agreement provides an additional
$988,656,000 for Contributions for International Peacekeeping
Activities for peacekeeping operations, including in the
Middle East and Africa, which is designated for OCO/GWOT
pursuant to BBEDCA.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The conference agreement provides an additional
$158,067,000 for Operating Expenses for the extraordinary
costs of operations in countries in conflict and areas of
instability and violence, including in Afghanistan, Pakistan,
and Iraq, which is designated for OCO/GWOT pursuant to
BBEDCA.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL DISASTER ASSISTANCE
The conference agreement provides an additional
$584,278,000 for International Disaster Assistance for the
extraordinary costs of the United States response to
international disasters and crises, including those resulting
from conflict, which is designated for OCO/GWOT pursuant to
BBEDCA. Funds appropriated under this heading shall be
apportioned to USAID not later than 60 days after enactment
of the Act.
TRANSITION INITIATIVES
The conference agreement provides an additional $62,043,000
for Transition Initiatives for the extraordinary costs of
assistance for conflict countries and countries emerging from
conflict, which is designated for OCO/GWOT pursuant to
BBEDCA.
Economic Support Fund
The conference agreement provides an additional
$1,172,336,000 for Economic Support Fund for the
extraordinary costs of assistance for countries in conflict
and areas of instability and violence, including Afghanistan,
Pakistan, and countries in the Middle East and Africa, which
is designated for OCO/GWOT pursuant to BBEDCA.
Department of State
Migration and Refugee Assistance
The conference agreement provides an additional
$1,404,124,000 for Migration and Refugee Assistance for the
extraordinary costs to respond to refugee crises overseas,
which is designated for OCO/GWOT pursuant to BBEDCA.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
Peacekeeping Operations
The conference agreement provides an additional
$325,213,000 for Peacekeeping Operations for the
extraordinary costs of peacekeeping requirements, including
the United States share of the UN Support Office in Somalia,
which is designated for OCO/GWOT pursuant to BBEDCA.
Funds Appropriated to the President
Foreign Military Financing Program
The conference agreement provides an additional
$229,372,000 for Foreign Military Financing Program for the
extraordinary costs of assistance for countries in conflict
and areas of instability and violence, including to counter
Russian influence and aggression, which is designated for
OCO/GWOT pursuant to BBEDCA.
GENERAL PROVISIONS
Section 8001. Additional Appropriations
This section clarifies that amounts appropriated by this
title are in addition to amounts appropriated or otherwise
made available in the Act for fiscal year 2019.
Section 8002. Extension of Authorities and Conditions
This section requires that the authorities and conditions
applicable to funding elsewhere in the Act are applicable to
funds in this title.
Section 8003. Transfer of Funds
Subsection (a) provides certain transfer authorities for
funds appropriated by this title in the Act.
Subsection (b) provides authority for the Secretary of
State to transfer funds appropriated by this title in the Act
under Peacekeeping Operations and Foreign Military Financing
Program in an amount that shall not exceed $7,500,000 to
Global Security Contingency Fund.
Subsection (c) requires that any transfers pursuant to
subsection (a) may only be exercised to address
contingencies.
Subsection (d) requires that the transfer authority
provided by subsections (a) and (b) is subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
Section 8004. Rescission
This section rescinds $301,200,000 from unobligated
balances from amounts made available under Diplomatic and
Consular Programs in title II of the Security Assistance
Appropriations Act, 2017, which is designated for OCO/GWOT
pursuant to BBEDCA.
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DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Congressional Directives
Unless otherwise noted, the language and allocations set
forth in the House report (House Report 115-750) and the
Senate report (Senate Report 115-268) carry the same weight
as language included in this joint explanatory statement and
should be complied with unless specifically addressed to the
contrary in this division or joint explanatory statement.
House report language and Senate report language, neither of
which is changed by this statement of conferees, is a result
of the 2019 appropriations agreement. The joint explanatory
statement, while repeating some report language for emphasis,
does not intend to negate the language referred to above
unless expressly provided herein. In cases where the House or
the Senate has directed the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. The Department of
Transportation and the Department of Housing and Urban
Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program, initiative, or authority. Any
reprogramming requests must be submitted to the Committees on
Appropriations no later than June 30, 2019.
TITLE I--DEPARTMENT OF TRANSPORTATION
Infrastructure.--The conferees do not direct any
modification of the next Conditions and Performance report
required under 23 U.S.C. 503(b)(8) and 49 U.S.C. 308(e).
Office of the Secretary
SALARIES AND EXPENSES
The conferees provide $113,910,000 for the salaries and
expenses of the Office of the Secretary. The conferees do not
include any specific caps on Full-Time Equivalents (FTE)
either in total or by individual office.
Service animals.--The conferees reiterate House direction
regarding the review of airline modifications to service
animal policies. Further, the conferees reiterate direction
included in the Senate report within the Federal Aviation
Administration (FAA) Operations account expecting the
Department to work with stakeholders regarding regulations
defining types of service animals.
Army Corps of Engineers Reorganization.--The conferees do
not provide the Department of Transportation with resources
to undertake any reorganization or planning efforts related
to a transfer of functions from the Army Corps of Engineers
to the Department of Transportation.
Intelligent transportation systems.--The conferees direct
the Department of Transportation to submit to the Committees
on Appropriations and Commerce, Science, and Transportation
of the Senate and the Committees on Appropriations and
Transportation and Infrastructure of the House of
Representatives a report on efforts by the Department of
Transportation to engage with local communities, metropolitan
planning organizations, and regional transportation
commissions on advancing data and intelligent transportation
systems technologies and other smart cities solutions within
90 days of enactment of this Act.
Research and Technology
The conferees provide $8,471,000 for research and
technology, of which $2,218,000 shall remain available until
September 30, 2021.
National Infrastructure Investments
The conferees provide $900,000,000 for national
infrastructure investments, to remain available until
September 30, 2021. The conferees direct that not more than
50 percent of funds awarded shall be for projects located in
a rural area with a population of less than 200,000 and not
more than 50 percent shall be for projects located in an
urban or suburban area with a population of more than
200,000. Although still eligible for an award, the conferees
do not direct a minimum amount of funding for projects
located in and around major seaports. The conferees do not
direct that the criteria to be used for grant awards be the
same criteria from the fiscal year 2016 Notice of Funding
Opportunity (NOFO) and instead direct the Secretary to use
the same criteria from the fiscal year 2017 NOFO as published
in the Federal Register on September 7, 2017 to make award
decisions with the exception of the use of Federal share or
an applicant's ability to generate non-Federal revenue as a
selection criteria in awarding projects. The conferees do not
direct the Secretary to prioritize multimodal projects and
projects on major corridors of the national freight network
when awarding projects in urbanized areas. The conferees do
not direct the Secretary to prioritize applications for
bridge replacement and rehabilitation projects, including
off-system bridges, or to prioritize applications that
demonstrate cost savings by bundling multiple rural bridge
projects into a single proposal, when awarding projects in a
rural area.
National Surface Transportation and Innovative Finance Bureau
The conferees provide $5,000,000 for the national surface
transportation and innovative finance bureau, to remain
available until expended. The conferees direct the bureau to
carry out its various responsibilities including
administration of grants and loans provided through the
Infrastructure for Rebuilding America (INFRA) program within
this amount. The conferees do not expect the bureau to
administer the maritime guaranteed loan (title XI) program.
Financial Management Capital
The conferees provide $2,000,000 for the financial
management capital program, to remain available until
September 30, 2020. The funding provided is sufficient to
carry out Data Act compliance requirements at the Department
in fiscal year 2019.
Cyber Security Initiatives
The conferees provide $15,000,000 for departmental cyber
security initiatives, to remain available until September 30,
2020.
Office of Civil Rights
The conferees provide $9,470,000 for the office of civil
rights.
Transportation Planning, Research and Development
The conferees provide $7,879,000 for planning, research and
development activities, to remain available until expended,
of which $1,000,000 is for the Interagency Infrastructure
Permitting Improvement Center (IIPIC).
WORKING CAPITAL FUND
The conferees limit expenditures for working capital fund
activities to $319,793,000. The $115,910,000 limitation
increase is provided by the conferees to support the
Department's shared services initiative in commodity
information technology.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The conferees provide $500,000 for the minority business
resource center program.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The conferees provide $3,488,000 for small and
disadvantaged business utilization and outreach, to remain
available until September 30, 2020.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $175,000,000 for payments to air
carriers, to remain available until expended.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to
the modal administrations, except for activities underway on
the date of enactment of this Act, unless such assessments or
agreements have completed the normal reprogramming process
for Congressional notification.
Section 102 requires the Secretary of Transportation to
post on the internet a schedule of all Council on Credit and
Finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for
the Federal transit pass fringe benefit program, and to
provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $10,410,758,000 for the operations of
the Federal Aviation Administration (FAA), to remain
available until September 30, 2020. Of the total amount
provided, $9,833,400,000 is to be derived from the airport
and airway trust fund. Funds are distributed in the bill by
budget activity.
The following table compares the agreement to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Conference
Budget Request Agreement
------------------------------------------------------------------------
Air Traffic Organization............ $7,495,690,000 $7,841,720,000
Aviation Safety..................... 1,276,255,000 1,336,969,000
Commercial Space Transportation..... 21,578,000 24,949,000
Finance and management.............. 771,010,000 816,398,000
NextGen and operations planning..... 58,536,000 61,258,000
Security and Hazardous Materials 105,558,000 114,165,000
Safety.............................
Staff offices....................... 202,685,000 215,299,000
-----------------------------------
Total........................... 9,931,312,000 10,410,758,000
------------------------------------------------------------------------
Unmanned aircraft systems.--The conferees provide
$56,000,000 for unmanned aircraft systems integration (UAS)
activities within the operations account, to be distributed
as follows: $27,375,000 for the Air Traffic Organization;
$27,375,000 for Aviation Safety; $750,000 for Security and
Hazardous Materials Safety; and $500,000 for the Office of
Communications within staff offices.
UAS integration pilot program.--The conferees direct the
FAA to enter into additional UAS Integration Pilot Program
(IPP) agreements with state, local and tribal governments.
However, the conferees direct the FAA to undertake these
activities without incurring additional costs through grants
or cooperative agreements, and direct the FAA to submit a
report to the House and Senate Committees on Appropriations
on the expected annual costs of the program prior to entering
into additional IPP agreements. The FAA should prioritize all
congressional mandates prior to expanding the IPP program.
NextGen Report.--The conferees direct the FAA to include
information on the implementation of NextGen capabilities at
commercial service airports when it publishes its annual
NextGen Implementation Plan as required under section 208 of
Public Law 112-95.
[[Page H1966]]
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $3,000,000,000 for facilities and
equipment. Of the total amount available, $512,823,000 is
available until September 30, 2020; $2,372,127,000 is
available until September 30, 2021; and $115,050,000 is
available until expended.
The following table provides details of the agreement by
program:
------------------------------------------------------------------------
Conference
Budget Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering, Development, Test and Evaluation
------------------------------------------------------------------------
Advanced Technology Development and $33,000,000 $33,000,000
Prototyping........................
William J. Hughes Technical Center 21,000,000 21,000,000
Laboratory Sustainment.............
William J. Hughes Technical Center 12,000,000 15,000,000
Infrastructure Sustainment.........
Separation Management Portfolio..... 16,589,000 16,000,000
Traffic Flow Management Portfolio... 14,000,000 14,000,000
On Demand NAS Portfolio............. 20,500,000 21,000,000
NAS Infrastructure Portfolio........ 13,500,000 20,000,000
NextGen Support Portfolio........... 12,800,000 12,800,000
Unmanned Aircraft Systems (UAS)..... 14,000,000 25,000,000
Enterprise, Concept Development, 9,500,000 16,500,000
Human Factors, & Demonstrations
Portfolio..........................
-----------------------------------
TOTAL ACTIVITY 1............ 166,889,000 194,300,000
------------------------------------------------------------------------
Activity 2--Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
a. En Route Programs:
En Route Automation 102,050,000 115,250,000
Modernization (ERAM)--System
Enhancements and Tech Refresh..
En Route Communications Gateway 1,650,000 1,650,000
(ECG)..........................
Next Generation Weather Radar 5,500,000 7,500,000
(NEXRAD)--Provide..............
Air Route Traffic Control Center 88,050,000 88,050,000
(ARTCC) & Combined Control
Facility (CCF) Building
Improvements...................
Air Traffic Management (ATM).... 6,200,000 12,055,000
Air/Ground Communications 10,541,000 8,750,000
Infrastructure.................
Air Traffic Control En Route 6,600,000 6,600,000
Radar Facilities Improvements..
Voice Switching and Control 11,400,000 11,400,000
System (VSCS)..................
Oceanic Automation System....... 17,500,000 23,100,000
Next Generation Very High 50,000,000 60,000,000
Frequency Air/Ground
Communications (NEXCOM)........
System-Wide Information 58,807,000 55,300,000
Management.....................
ADS -B NAS Wide Implementation.. 123,748,000 139,150,000
Collaborative Air Traffic 17,700,000 17,700,000
Management Technologies........
Time Based Flow Management 21,150,000 28,150,000
Portfolio......................
NextGen Weather Processors...... 24,650,000 28,650,000
Airborne Collision Avoidance 7,700,000 7,700,000
System X (ACASX)...............
Data Communications in Support 113,850,000 118,902,000
of NG Air Transportation System
Non-Continental United States 14,000,000 14,000,000
(Non-CONUS) Automation.........
Reduced Oceanic Separation...... -- 17,500,000
En Route Service Improvements... 1,000,000 1,000,000
Commercial Space Integration.... 7,000,000 9,000,000
-----------------------------------
Subtotal En Route Programs.. 689,096,000 771,407,000
b. Terminal Programs:
Airport Surface Detection ................ 2,500,000
Equipment--Model X (ASDE-X)....
Terminal Doppler Weather Radar 4,500,000 4,500,000
(TDWR)--Provide................
Standard Terminal Automation 66,900,000 66,900,000
Replacement System (STARS)
(TAMR Phase 1).................
Terminal Automation 9,012,000 8,000,000
Modernization/Replacement
Program (TAMR Phase 3).........
Terminal Automation Program..... 8,500,000 8,500,000
Terminal Air Traffic Control 19,200,000 19,200,000
Facilities--Replace............
ATCT/Terminal Radar Approach 95,850,000 95,850,000
Control (TRACON) Facilities--
Improve........................
Terminal Voice Switch 9,574,000 10,000,000
Replacement (TVSR).............
NAS Facilities OSHA and 41,900,000 41,900,000
Environmental Standards
Compliance.....................
Airport Surveillance Radar (ASR- 12,800,000 12,800,000
9).............................
Terminal Digital Radar (ASR-11) 1,000,000 1,000,000
Technology Refresh and Mobile
Airport Surveillance Radar
(MASR).........................
Runway Status Lights............ 2,000,000 2,000,000
National Airspace System Voice 43,150,000 43,150,000
System (NVS)...................
Integrated Display System (IDS). 19,459,000 18,000,000
Remote Monitoring and Logging 18,100,000 18,100,000
System (RMLS)..................
Mode S Service Life Extension 15,400,000 15,400,000
Program (SLEP).................
Terminal Flight Data Manager 119,250,000 119,250,000
(TFDM).........................
National Air Space (NAS) Voice 14,000,000 14,000,000
Recorder Program (NVRP)........
Integrated Terminal Weather 2,100,000 2,100,000
System (ITWS)..................
Performance Based Navigation & 20,000,000 20,000,000
Metroplex Portfolio............
-----------------------------------
Subtotal Terminal Programs.. 522,695,000 523,150,000
c. Flight Service Programs:
Aviation Surface Observation 10,976,000 10,000,000
System (ASOS)..................
Future Flight Services Program.. 10,100,000 10,100,000
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)..........
Weather Camera Program.......... 1,100,000 1,100,000
Juneau Airport Wind System 1,000,000 1,000,000
(JAWS)--Technology Refresh.....
Subtotal Flight Service 25,826,000 24,850,000
Programs...................
d. Landing and Navigational Aids
Program:
VHF Omnidirectional Radio Range 15,000,000 20,000,000
(VOR) Minimum Operating Network
(MON)..........................
Instrument Landing System (ILS)-- -- 25,000,000
Establish......................
Wide Area Augmentation System 96,320,000 96,320,000
(WAAS) for GPS.................
Instrument Flight Procedures 1,400,000 1,400,000
Automation (IFPA)..............
Runway Safety Areas-- 2,000,000 2,000,000
Navigational Mitigation........
NAVAIDS Monitoring Equipment.... 3,000,000 3,000,000
Landing and Lighting Portfolio.. 42,372,000 31,000,000
Subtotal Landing and 160,092,000 178,720,000
Navigational Aids Programs.
e. Other ATC Facilities Programs:
Fuel Storage Tank Replacement 25,700,000 25,700,000
and Management.................
Unstaffed Infrastructure 51,050,000 51,050,000
Sustainment....................
Aircraft Related Equipment 13,000,000 13,000,000
Program........................
Airport Cable Loop Systems-- 10,000,000 10,000,000
Sustained Support..............
Alaskan Satellite 16,300,000 16,300,000
Telecommunications
Infrastructure (ASTI)..........
Facilities Decommissioning...... 9,000,000 9,000,000
Electrical Power Systems-- 140,834,000 140,700,000
Sustain/Support................
Energy Management and Compliance 2,400,000 2,400,000
(EMC)..........................
Child Care Center Sustainment... 1,000,000 1,000,000
FAA Telecommunications 6,700,000 40,000,000
Infrastructure.................
Data Visualization, Analysis and 4,500,000 4,500,000
Reporting System (DVARS).......
TDM-to-IP Migration............. 3,000,000 38,000,000
-----------------------------------
Subtotal Other ATC 283,484,000 351,650,000
Facilities Programs........
===================================
TOTAL ACTIVITY 2........ 1,681,193,000 1,849,777,000
------------------------------------------------------------------------
Activity 3--Non-Air Traffic Control Facilities and Equipment
------------------------------------------------------------------------
a. Support Equipment:
Hazardous Materials Management.. 29,800,000 29,800,000
Aviation Safety Analysis System 18,899,000 18,700,000
(ASAS).........................
National Air Space (NAS) 12,200,000 12,000,000
Recovery Communications (RCOM).
Facility Security Risk 18,608,000 17,800,000
Management.....................
Information Security............ 16,000,000 20,900,000
System Approach for Safety 25,400,000 25,400,000
Oversight (SASO)...............
Aviation Safety Knowledge 6,000,000 6,000,000
Management Environment (ASKME).
Aerospace Medical Equipment 14,078,000 14,000,000
Needs (AMEN)...................
System Safety Management 14,700,000 14,200,000
Portfolio......................
National Test Equipment Program. 5,000,000 5,000,000
Mobile Assets Management Program 2,216,000 2,200,000
Aerospace Medicine Safety 16,100,000 16,100,000
Information Systems (AMSIS)....
Tower Simulation System (TSS) 500,000 500,000
Technology Refresh.............
Logistics Support Systems and 7,100,000 7,100,000
Facilities (LSSF)..............
Subtotal Support Equipment.. 186,601,000 189,700,000
b. Training, Equipment and
Facilities:
Aeronautical Center 14,298,000 14,000,000
Infrastructure Modernization...
Distance Learning............... 1,000,000 1,000,000
-----------------------------------
Subtotal Training, Equipment 15,298,000 15,000,000
and Facilities.............
===================================
TOTAL ACTIVITY 3........ 201,899,000 204,700,000
------------------------------------------------------------------------
Activity 4--Facilities and Equipment Mission Support
------------------------------------------------------------------------
a. System Support and Services:
System Engineering and 38,000,000 39,700,000
Development Support............
Program Support Leases.......... 47,000,000 47,000,000
Logistics and Acquisition 11,000,000 12,500,000
Support Services...............
Mike Monroney Aeronautical 20,200,000 20,200,000
Center Leases..................
Transition Engineering Support.. 17,000,000 22,000,000
Technical Support Services 23,000,000 28,000,000
Contract (TSSC)................
Resource Tracking Program (RTP). 6,000,000 6,000,000
Center for Advanced Aviation 57,000,000 57,000,000
System Development (CAASD).....
Aeronautical Information 6,819,000 5,000,000
Management Program.............
Cross Agency NextGen Management. 1,000,000 1,000,000
-----------------------------------
TOTAL ACTIVITY 4............ 227,019,000 238,400,000
------------------------------------------------------------------------
Activity 5--Personnel and Related Expenses
------------------------------------------------------------------------
Personnel and Related Expenses.. 489,572,000 512,823,000
-----------------------------------
TOTAL ALL ACTIVITIES........ 2,766,572,000 3,000,000,000
------------------------------------------------------------------------
Enterprise, concept development, human factors, &
demonstrations portfolio.--The conferees provide $16,500,000
for enterprise concept development, human factors and
demonstration portfolio and agree to Senate direction
regarding the expansion of remote tower technologies.
Reduced Oceanic Separation.--The conferees provide
$17,500,000 for reduced oceanic separation and urge the FAA
to work with industry partners to explore space-based ADS-B
technology-proving activities in the Caribbean airspace.
Next generation very high frequency air/ground
communications (NEXCOM).--The conferees provide $60,000,000
for NEXCOM, a baseline increase of $10,000,000, and agree to
House direction regarding segment 2 radios.
Next generation weather processor.--The conferees provide
$28,650,000 for next generation weather processor to mitigate
the three year gap before the start of the work package 2
development currently in the FAA capital investment plan.
National Airspace System Voice System (NVS).--The conferees
provide $43,150,000 for the NVS program. This funding may be
used to add additional capabilities compatible with NextGen
technology and ensure sustainment of legacy voice switches as
the NVS program continues development.
VHF Omnidirectional Radio Range (VOR) Minimum Operating
Network (MON).--The conferees provide $20,000,000 for VOR
MON, $10,000,000 of which is for VOR with distance measuring
equipment (DME) to continue the FAA's efforts to address the
aging infrastructure of en route navigational aids through
the FAA's acquisition management process.
Telecommunications Infrastructure.--The conferees provide
$40,000,000 for FAA telecommunications infrastructure, which
is $33,300,000 above the budget request. A portion of this
additional funding, as well as the funds provided for this
budget line item in fiscal year 2018, is to support the
replacement of obsolete infrastructure hardware and software.
Time division multiplexing (TDM)-to-Internet Protocol (IP)
migration.--The conferees provide $38,000,000 for TDM to IP
migration, including funds to convert additional locations
[[Page H1967]]
from TDM to IP ethernet through an open and competitive
process for any edge devices.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The conferees provide $191,100,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2021.
The agreement provides the following levels for specific
programs:
----------------------------------------------------------------------------------------------------------------
Program Budget Request Conference Agreement
----------------------------------------------------------------------------------------------------------------
Fire Research and Safety...................................... $4,867,000 7,200,000
Propulsion and Fuel Systems................................... 555,000 2,100,000
Advanced Materials/Structural Safety.......................... 2,300,000 14,720,000
Aircraft Icing /Digital System Safety......................... 7,684,000 9,253,000
Continued Airworthiness....................................... 4,969,000 11,269,000
Aircraft Catastrophic Failure Prevention Research............. - - - 1,570,000
Flightdeck/Maintenance/System Integration Human Factors....... 5,052,000 7,305,000
System Safety Management...................................... 799,000 5,500,000
Air Traffic Control/Technical Operations Human Factors........ 1,436,000 5,800,000
Aeromedical Research.......................................... 3,875,000 9,080,000
Weather Program............................................... 6,580,000 15,476,000
Unmanned Aircraft Systems Research............................ 3,318,000 24,035,000
Alternative Fuels for General Aviation........................ - - - 1,900,000
Commercial Space.............................................. 2,500,000 2,500,000
Total Safety.............................................. 43,935,000 117,708,000
NextGen--Wake Turbulence...................................... 3,519,000 6,831,000
NextGen--Air Ground Integration Human Factors................. 1,336,000 6,757,000
NextGen--Weather Technology in the Cockpit.................... 1,525,000 3,644,000
NextGen--Flight Deck Data Exchange............................ 1,035,000 1,035,000
NextGen--Information Security................................. 1,232,000 1,232,000
Total Economic Competitiveness............................ 8,647,000 19,499,000
Environment and Energy........................................ 11,588,000 18,013,000
NextGen--Environmental Research--Aircraft Technologies, Fuels, 7,578,000 29,174,000
and Metrics..................................................
Total Environmental Sustainability........................ 19,166,000 47,187,000
System Planning and Resource Management....................... 1,480,000 2,135,000
William J. Hughes Technical Center Laboratory Facility........ 1,178,000 4,571,000
Total Mission Support..................................... 2,658,000 6,706,000
-------------------------------------------------
TOTAL................................................. 74,406,000 191,100,000
----------------------------------------------------------------------------------------------------------------
Advanced material/structural safety.--The conferees provide
$14,720,000 for advanced material/structural safety,
including $6,000,000 to advance the use of new additive
materials (both metallic and non-metallic based additive
processes) into the commercial aviation industry, and
$4,000,000 to advance the use of fiber reinforced composite
material into the commercial aviation industry through the
FAA joint advanced materials and structures center of
excellence.
Unmanned aircraft systems (UAS) research.--The conferees
provide $24,035,000 for UAS research, including $12,035,000
for the UAS center of excellence in UAS research, $2,000,000
to expand the center's role in transportation disaster
preparedness and response, and $10,000,000 to support UAS
research activities at the FAA technical center and other FAA
facilities.
UAS integration programs.--The conferees reiterate House
and Senate direction regarding the development of an Unmanned
Traffic Management (UTM) system, Low Altitude Authorization
and Notification Capability (LAANC), and the UTM Pilot
Program, and direct the FAA to provide the House and Senate
Committees on Appropriations with a report and research plan
consistent with House and Senate direction no later than 120
days after enactment of this Act.
Environmental sustainability.--The conferees provide a
total of $47,187,000 for research related to environmental
sustainability that supports the CLEEN program, as well as
the center of excellence for alternative jet fuels and
environment. Within the total provided, the FAA is directed
to use $15,000,000 for the center of excellence.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The conferees provide an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,000,000,000, to remain available until expended. Within
the obligation limitation, the conferees provide not more
than $112,600,000 for administrative expenses, no less than
$15,000,000 for the airport cooperative research program, no
less than $33,210,000 for airport technology research, and
$10,000,000 for the small community air service development
program.
GRANTS-IN-AID FOR AIRPORTS
The conferees provide $500,000,000 in new budget authority
for additional discretionary grants for airport construction
projects.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA
``without cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
Section 116 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without
prior written approval of the DOT Assistant Secretary for
Administration.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
aircraft situational display to industry program upon the
request of an owner or operator.
Section 118 prohibits funds for salaries and expenses of
more than eight political and Presidential appointees in the
FAA.
Section 119 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Section 119A requires the FAA to notify the House and
Senate Committees on Appropriations at least 90 days before
closing a regional operations center or reducing the services
provided.
Section 119B prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119C prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119D requires FAA to take certain actions regarding
organization delegation authorization.
Section 119E prohibits funds for construction of shelter
for snow equipment in excess of equipment needs unless the
airport sponsor certifies conformity with certain
requirements.
Section 119F requires the FAA to permit intermittent large
cargo air carriers to land in remote areas using alternative
meteorological weather reports.
Section 119G allows the transfer of funds from the
``Grants-in-Aid for Airports'' account to reimburse airports
affected by temporary flight restrictions for residences of
the President.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The conferees limit obligations for the administrative
expenses of the Federal Highway Administration (FHWA) to
$446,444,304. In addition, the conferees provide $3,248,000
for the administrative expenses of the Appalachian Regional
Commission.
Federal-aid highways
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees limit obligations for the federal-aid
highways program to $45,268,596,000 in fiscal year 2019.
Alternative fuel corridors.--The conferees direct the
Federal Highway Administration (FHWA) to deliver the report
required under 23 U.S.C. 151(e) to the House and Senate
Appropriations Committees when it is completed. The conferees
do not require any additional reporting on alternative fuel
corridors.
Infrastructure for Rebuilding America (INFRA) and freight
transportation.-- The conferees expect the Secretary to
prioritize INFRA funding awards to port projects and the
intermodal connections that serve those facilities, where
eligible under the FAST Act.
Autonomous Vehicles and Pavement Performance.-- The
conferees direct the Department to consider and evaluate the
impact of autonomous vehicles, particularly commercial
[[Page H1968]]
vehicles, on pavement service life when conducting research
on pavement performance.
Manual on Uniform Traffic Control Devices (MUTCD).--The
conferees direct FHWA to publish a schedule for an update to
the MUTCD for the safe use of our roadways by both human
drivers and automated vehicles.
Rubber modified asphalt usage.--The conferees do not direct
a study of rubber modified asphalt technology within the
amount provided for research and instead direct the
Secretary, through the academic and scientific community, to
consider the performance, longevity, and safety benefits of
rubber modified asphalt when conducting research on other
topics related to the application of this technology. Such
consideration should include state acceptance of and
government barriers to the use of rubber modified asphalt.
The conferees direct the Secretary to report the Secretary's
findings to the House and Senate Committees on
Appropriations, the House Committee on Energy and Commerce,
and the Senate Committee on Commerce, Science, and
Transportation as relevant research is completed.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The conferees provide a liquidating cash appropriation of
$46,007,596,000, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
The conferees provide $3,250,000,000 from the general fund,
of which $2,729,000,000 is for state road and bridge
projects, $16,000,000 is for the Puerto Rico highway program,
$5,000,000 is for the territorial highway program,
$25,000,000 is for the nationally significant federal lands
and tribal projects program, and $475,000,000 is for a bridge
replacement and rehabilitation program in qualifying states
that have a disproportionate percentage of bridge surface
that is in poor condition.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America requirements.
Section 123 prohibits funds from being used to provide
credit assistance under sections 603 and 604 of title 23,
United States Code, unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations,
the Senate Committee on Environment and Public Works, the
Senate Committee on Banking, Housing and Urban Affairs, and
the House Committee on Transportation and Infrastructure at
least three days prior to credit application approval.
Section 124 requires 60-day notification to the Committees
on Appropriations for any INFRA grants awarded under 23
U.S.C. 117 provided that such notification shall be made no
later than 180 days from the date of enactment of this Act.
Section 125 allows state DOTs to repurpose certain highway
project funding to be used within 50 miles of its original
designation.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees include a liquidation of contract
authorization and a limitation on obligations of $284,000,000
for the operations and programs of the Federal Motor Carrier
Safety Administration (FMCSA). Of this limitation, $9,073,000
is for the research and technology program and $34,824,000 is
for information management, to remain available for
obligation until September 30, 2021.
Bus and lease interchange rule.-- The conferees include a
provision prohibiting funds from being used to implement,
enforce, or make effective the May 27, 2015 ``Lease and
Interchange of Vehicles'' rule and therefore do not include
direction to modify that same rule. However, the conferees do
not prohibit DOT from proceeding with a new rule that
incorporates input from stakeholders.
Pilot program completion.--The conferees direct FMCSA to
ensure the safe and timely completion of the flexible sleeper
berth pilot program.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees provide a liquidating cash appropriation of
$382,800,000 and a limitation on obligations of $382,800,000
for motor carrier safety grants.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or
some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
Section 132 prohibits funds from being used to implement,
enforce, or otherwise make effective a rule related to the
lease and interchange of vehicles by motor carriers of
passengers.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The conferees provide $190,000,000 from the general fund
for operations and research. Of this amount, $40,000,000
shall remain available until September 30, 2020.
In addition to salaries and expenses, the conferees provide
$25,000,000 for rulemaking programs, of which not less than
$16,000,000 is for the new car assessment program,
$33,000,000 for enforcement programs, of which not less than
$20,000,000 is for the Office of Defects Investigation, and
$49,000,000 for research and analysis programs, of which not
less than $15,000,000 is for vehicle electronics and emerging
technologies which includes research of automated vehicle
technologies.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees provide a liquidating cash appropriation and
an obligation limitation of $152,100,000, to remain available
until expended, which reflects the authorized level of
contract authority. Consistent with the FAST Act, the
conferees include $5,312,000 for in-vehicle alcohol detection
device research.
Additional highway safety funding.-- The conferees provide
$14,000,000 in additional highway safety funding through the
general fund under section 143 of this title. Of this amount,
the conferees provide $7,000,000 to support a high visibility
enforcement paid-media campaign in the area of highway-rail
grade crossing safety. The conferees direct NHTSA to
coordinate these resources with other highway safety media
campaigns, and to work collaboratively with the Federal
Railroad Administration on the campaign's message
development. The conferees direct the remaining $7,000,000 be
used for grants, pilot program activities, and other
innovative solutions to reduce impaired-driving fatalities
including law enforcement awareness, training, and other
countermeasures that improve safety and reduce impaired
driving fatalities associated with both drug and alcohol
impairment. Countermeasure activities shall include those
likely to provide the greatest reductions in impaired
driving, that are applicable or transferable broadly within
law enforcement, or which promise to increase efficiency in
the recognition, enforcement, and processing of impaired
drivers on the nation's highways.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees provide a liquidating cash appropriation and
an obligation limitation of $610,208,000 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits funds from being used to mandate
global positioning systems in private vehicles without
consideration of privacy concerns.
Section 143 provides additional funding for highway safety
programs.
Federal Railroad Administration
SAFETY AND OPERATIONS
The conferees provide $221,698,000 for safety and
operations of the Federal Railroad Administration (FRA). Of
the funds provided, $18,000,000 is available until expended.
The conferees fund the following priorities:
Safe transportation of energy products..................... $2,000,000
Automated track inspection program and data analysis....... 16,500,000
Railroad safety information system and front end interface. 4,800,000
Positive train control (PTC) support program............... 10,000,000
Confidential close call program............................ 3,000,000
Trespasser prevention strategy and risk model.............. 500,000
National bridge system inventory update and model 600,000
modification..............................................
The conferees require FRA to submit the information
detailed in the Senate report on railroad PTC status,
enforcement plans, and effects on rail service 30 days after
enactment of this Act.
RAILROAD RESEARCH AND DEVELOPMENT
The conferees provide $40,600,000, to remain available
until expended, for railroad research and development. This
amount includes $2,500,000 to improve safety practices and
training for Class II and Class III freight railroads;
$2,000,000 for tank car research related to the safe
transportation of energy products in partnership with other
Federal agencies; and up to $5,000,000 for partnerships with
qualified universities for research on
[[Page H1969]]
rail system safety, capacity and efficiency, of which
$1,000,000 is for research with universities on intelligent
railroad systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The conferees authorize the Secretary to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of
P.L. 94-210.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
The conferees provide $400,000,000, to remain available
until expended, for grants authorized by section 24911 of
title 49, United States Code, and allow the Secretary to
withhold up to one percent for project management and
oversight of these grants. In addition, the conferees direct
the Secretary to issue a notice of funding opportunity (NOFO)
consistent with the guidelines from the FAST Act for all
funds appropriated in fiscal years 2017, 2018, and 2019
within 30 days of enactment of this Act, and make awards
within 180 days of enactment of this Act. The conferees
reiterate that Federal-State Partnership for State of Good
Repair projects eligible under 24911(c) are authorized to
include all capital projects to replace or rehabilitate
qualified railroad assets, consistent with the requirements
of section 24911 of title 49. This program helps protect
existing rail infrastructure and funds investments and
maintenance that can avoid costly repairs in the future.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
The conferees provide $255,000,000 to remain available
until expended, for consolidated rail infrastructure and
safety improvements grants, and direct the Department to
prioritize funds for railroads that are most at risk of not
meeting the PTC deadline.
RESTORATION AND ENHANCEMENT
The conferees provide a total of $5,000,000, to remain
available until expended, for restoration and enhancement
grants authorized by section 24408 of title 49 U.S.C.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
The conferees provide a total of $10,000,000, to remain
available until expended, for deployment of magnetic
levitation transportation projects.
THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
The conferees provide a total of $1,941,600,000 for the
National Railroad Passenger Corporation. The conferees direct
Amtrak to provide discounted passenger fares to veterans (as
defined in section 101 of title 38, United States Code)
consistent with the discounted passenger fares currently
provided to active duty military personnel, and to submit
with its fiscal year 2020 congressional justification a
report that addresses items enumerated in the House and
Senate reports on charter, special, and private trains. The
conferees also direct Amtrak to evaluate options to address
the weekday Northeast Regional Train between Washington
and Boston and to submit a report within 90 days of
enactment of this Act.
The conferees direct Amtrak to provide a station agent in
each Amtrak station that had a ticket agent position
eliminated in fiscal year 2018. Station agents, which include
Amtrak ticket agents or caretakers, assist passengers with
their intercity rail travel, provide customer service during
all hours that a station is open, and perform building
maintenance duties. The conferees direct Amtrak to improve
communication and collaboration with local partners and take
into consideration the unique needs of each community,
including impacts to local jobs, when making decisions
related to the staffing of Amtrak stations, and to work with
stakeholders to maximize the efficiency of these station
agents.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The conferees provide $650,000,000 for the Secretary to
make grants for activities associated with the Northeast
Corridor (NEC), defined as the main line between Boston,
Massachusetts, and the District of Columbia, and the
facilities and services used to operate and maintain that
line.
The conferees allow the Secretary to retain up to one-half
of one percent of the total provided to Amtrak for project
management and oversight costs and require not less than
$50,000,000 to bring Amtrak-served facilities and stations
into compliance with the Americans with Disabilities Act. The
conferees also allow up to $5,000,000 of the NEC grants to
fund the NEC Commission expenses.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The conferees provide $1,291,600,000 for the Secretary to
make grants for activities associated with the National
Network. National Network Grants provide operating and
capital funding for expenses on Amtrak's entire network,
including long-distance routes that operate on the NEC. Of
this amount, the conferees allow the Secretary to retain up
to $2,000,000 to fund expenses associated with the state-
supported route committee, and direct that not less than
$50,000,000 shall be for railroad safety technologies on
state-supported routes on which PTC systems are not required.
Further, the conferees direct that no less than $50,000,000
shall be for capital expenses that enable continued passenger
rail operation on long-distance routes where Amtrak is the
sole operator and PTC systems are not required.
The conferees do not require GAO to submit a report on on-
time performance, but require the Amtrak OIG to submit a
similar report.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150 limits overtime to $35,000 per employee. The
conferees allow Amtrak's president to waive this restriction
for specific employees for safety or operational efficiency
reasons. The conferees require Amtrak's president to provide
an annual report by March 1, 2019 that summarizes Amtrak's
total overtime expenses in 2018 and the three prior years,
and the number of employees receiving overtime cap waivers
and total overtime payments resulting from waivers by month
of the 2018 calendar year and the three prior calendar years.
Section 151 expresses the sense of Congress that long
distance passenger rail routes should be retained to ensure
connectivity throughout the National Network.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The conferees direct $113,165,000 for the administrative
expenses of the Federal Transit Administration (FTA), of
which up to $1,000,000 shall be available for administrative
expenses related to transit asset management.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The conferees limit obligations from the mass transit
account for transit formula grants to $9,939,380,030 as
authorized by the FAST Act. Funds are to be distributed as
authorized. Further, the conferees provide $9,900,000,000 for
the liquidation of contract authority.
TRANSIT INFRASTRUCTURE GRANTS
The conferees direct an additional $700,000,000 in transit
infrastructure grants to remain available until expended. Of
the funds provided, $350,000,000 is available for grants for
buses and bus facilities authorized under 49 U.S.C. 5339, of
which $160,000,000 is provided for formula grants,
$160,000,000 is provided for competitive grants, and
$30,000,000 is provided for low or no emission grants;
$263,000,000 is available for state of good repair grants
authorized under 49 U.S.C. 5337; $40,000,000 available for
formula grants for rural areas authorized under 49 U.S.C.
5311; $40,000,000 is available for high density state
apportionments authorized under 49 U.S.C. 5340(d); $1,000,000
is available for the bus testing facility authorized under 49
U.S.C. 5318; and $6,000,000 is available for bus testing
facilities authorized under 49 U.S.C. 5312(h). The conferees
provide funding from the general fund, and the funding is not
subject to any limitation on obligations.
TECHNICAL ASSISTANCE AND TRAINING
The conferees direct $5,000,000 for research activities
under 49 U.S.C. 5314. In addition to the directly
appropriated funds, another $9,000,000 is provided through
the obligation limitation under the heading ``Transit Formula
Grants''. Of the amounts provided, no less than $1,500,000
shall be for cooperative agreements where FTA assists small
urban, rural, and tribal public transit recipients and
planning organizations, and no less than $5,000,000 shall be
available for technical assistance and training to increase
mobility for people with disabilities and older adults.
CAPITAL INVESTMENT GRANTS
The conferees direct $2,552,687,000 for fixed-guideway
projects to remain available until September 30, 2022, and
direct the Secretary to administer the Capital Investment
Grants (CIG) program and move projects through the program to
construction in accordance with the requirements of 49 U.S.C.
5309 and section 3005(b) of the FAST Act. Of the funds
provided, $1,265,670,000 is available for new starts
projects, $635,000,000 is available for core capacity
projects, $526,500,000 is available for small starts
projects, $100,000,000 is available for the expedited project
delivery pilot program, and $25,517,000 is available for
oversight activities. The conferees direct the Secretary to
obligate $2,169,783,950 of the amount provided for the
Capital Investment Grants Program by December 31, 2020.
The conferees direct FTA to carry out the will of Congress
and continue to advance eligible projects into project
development, engineering, and construction through the CIG
evaluation, rating, and approval process. The conferees
direct the Secretary to allow projects to enter into project
development, advance projects through project development,
advance projects into engineering, enter into Full Funding
Grant Agreements (FFGA) for new starts or core capacity
projects that have met the requirements, and to enter into
grant agreements for small starts projects that have met the
requirements. The conferees direct FTA to continue to update
the Committees on the status of projects in the pipeline, and
include a list of all letters of no prejudice and early
systems work agreements under review by the FTA in each
monthly CIG program update.The list should include the
requestor, the date the request was received by FTA, and any
status changes since the last update. The conferees direct
the Secretary to maintain the Federal government's funding
commitments for all existing grant agreements, and identify
all projects with a medium or higher rating that anticipate a
grant agreement in fiscal year 2019 or 2020. The conferees
direct that FTA may allocate funding for projects without an
FFGA.
[[Page H1970]]
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The conferees direct $150,000,000 to carry out section 601
of division B of Public Law 110-432, to remain available
until expended.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act for fixed
guideway capital investment projects that remain unobligated
by September 30, 2022 to be available for projects to use the
funds for the purposes for which they were originally
provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2017 from older accounts to be merged
into new accounts with similar current activities.
Section 163 prohibits funds to enter into an FFGA for a
project with a New Starts share greater than 51 percent.
Section 164 rescinds $46,560,000 of the unobligated amounts
from Transit Formula Grants.
Section 165 prohibits the use of funds to implement or
further new CIG policies such as those detailed in the June
29, 2018 FTA ``Dear Colleague'' letter.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The conferees direct $36,000,000 for the operations,
maintenance, and capital asset renewal program activities of
the Saint Lawrence Seaway Development Corporation (SLSDC). Of
that amount, not less than $16,000,000 is provided for
capital asset renewal activities. SLSDC is directed to submit
an annual report to the House and Senate Committees on
Appropriations on its asset renewal program activities by
April 30, 2019.
Maritime Administration
MARITIME SECURITY PROGRAM
The conferees provide the authorized level of $300,000,000
for the maritime security program, to be available until
expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
The conferees provide a total of $149,442,000 for the
Maritime Administration's (MARAD) operations and training
account. Of this amount, the conferees direct that
$60,849,000 is for MARAD headquarters, regional offices, and
maritime program expenses, of which $50,849,000 is for
headquarter operations, $7,000,000 is for the short sea
transportation program (America's Marine Highways), and
$3,000,000 is for the maritime environment and technology
assistance program.
Within the total amount provided, $88,593,000 is for the
U.S. Merchant Marine Academy (USMMA), of which $70,593,000 is
for operations, up to $10,000,000 is for the capital
improvement program, and not less than $8,000,000 is for
maintenance, repairs, and equipment.
The conferees no longer require GAO to report on whether
USMMA should be subject to additional Title IX requirements,
nor direct the USMMA to provide updates on the status of the
implementation of actions plans to address sexual assault and
sexual harassment, as similar reports are already required
under sections 3508 and 3509 of P.L. 115-232. However, the
conferees direct MARAD to provide the reports required under
P.L. 115-232 to the House and Senate Committees on
Appropriation upon completion and to provide briefings on
these subjects immediately upon request.
The conferees direct the Secretary to consult with the
Assistant Secretary of the Army for Civil Works to identify
existing and new authorities needed to leverage funds from
DOT for inland waterway projects.
The conferees move budget activities and transfer
unobligated balances associated with state maritime academy
functions and programs to a new state maritime academy
operations account.
STATE MARITIME ACADEMY OPERATIONS
The conferees provide a total of $345,200,000 for state
maritime academy operations. Of this amount, the conferees
direct $25,000,000 for schoolship maintenance and repair,
$8,000,000 to support the cost of sharing training ships,
$6,000,000 for direct payments to State Maritime Academies
(SMAs), $2,400,000 for the student incentive program, and
$3,800,000 for fuel assistance payments.
The conferees also provide $300,000,000 for the design and
construction of a new common schoolship for the national
security multi-mission vessel program, and direct MARAD to
replace SMA training vessels based on the planned end-of-
service-life of existing training vessels, with the vessel
with the shortest remaining service life to be replaced
first. For ships that have the same end-of-service life,
preference shall be based on meeting training capacity needs.
The order of replacement based on end-of-service-life dates
for the SMA ships is as follows: TS Empire State--SUNY
Maritime College; TS Kennedy--Massachusetts Maritime Academy;
TS State of Maine--Maine Maritime Academy; TS General
Rudder--Texas A&M Maritime Academy; TS Golden Bear--
California Maritime Academy; TS State of Michigan--Great
Lakes Maritime Academy.
ASSISTANCE TO SMALL SHIPYARDS
The conferees provide $20,000,000 for the small shipyard
grant program, to remain available until expended.
SHIP DISPOSAL
The conferees provide $5,000,000 for the ship disposal
program, to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The conferees provide a total of $3,000,000 for
administrative expenses of the Title XI program and directs
these funds to be transferred to MARAD's operations and
training account. The conferees direct the Department to
expeditiously process pending applications that meet the
terms, conditions, and financial performance requirements of
the program.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The conferees provide a total of $292,730,000, to remain
available until expended, for the port infrastructure
development program authorized under 50302 of title 46,
United States Code. The conferees direct MARAD to provide
grants for infrastructure improvement projects for coastal
seaports that are either within the seaport's boundary, or
outside its boundary if the project directly relates to port
operations, or to an intermodal connection to a port that
improves the safety, efficiency, or reliability of the
movement of goods into, out of, or around coastal seaports.
Eligible projects include, but are not limited to, highway or
rail infrastructure that develops or extends intermodal
connectivity, intermodal facilities, marine terminal
equipment, wharf construction or redevelopment, vessel
alternative fueling access and distribution, fuel efficient
cargo handling equipment, freight intelligent transportation
systems, and digital infrastructure systems. The conferees
direct that the Secretary ensure that any fully-automated
cargo-handling equipment procured under this section will not
directly result in a net job loss or directly reduce the
overall safety, reliability and efficiency of a port.
Of the total, the conferees direct that $92,730,000 shall
be available for grants to the 15 coastal seaports that
handled the greatest number of loaded twenty-foot equivalent
units (TEUs) of foreign and domestic containerized cargo in
2016, as reported by the U.S. Army Corps of Engineers, and
this set-aside does not preclude eligibility for the
remaining amounts made available under this heading.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Pipeline and Hazardous Materials Safety Administration
OPERATIONAL EXPENSES
The conferees provide $23,710,000 for the necessary
operational expenses of the Pipeline and Hazardous Materials
Safety Administration (PHMSA). The conferees direct PHMSA to
issue a final rule to require comprehensive oil spill
response plans for rail carriers within 90 days of enactment
of this Act and institute a fine of $10,000 for each day that
such rule has not been issued following the expiration of
that period.
HAZARDOUS MATERIALS SAFETY
The conferees provide $58,000,000 for PHMSA's hazardous
materials safety functions. Of this amount, $7,570,000 shall
be available until September 30, 2021, and up to $800,000 in
fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund as offsetting receipts. Funds made available
until September 30, 2021, are for long-term research and
development contracts.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The conferees provide $165,000,000 for PHMSA's pipeline
safety program. Of that amount, $23,000,000 is derived from
the oil spill liability trust fund, $134,000,000 is derived
from the pipeline safety fund, and $8,000,000 is derived from
fees collected under 49 U.S.C. 60302 and deposited in the
underground natural gas storage facility safety account. Of
the total amount, not less than $53,000,000 shall be for
state pipeline safety grants.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The conferees provide an obligation limitation of
$28,318,000 for emergency preparedness grants. The conferees
permit the use of prior year recoveries to develop a
hazardous materials response training curriculum for
emergency responders, to make such training available through
an electronic format, and to make grants to train public
sector employees and instructors on how to respond to
hazardous materials incidents.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The conferees provide $92,600,000 for the salaries and
expenses of the office of inspector general (OIG). The
conferees request the OIG to provide the House and Senate
Committees on Appropriations a report on the Florida
International University bridge collapse, within 180 days,
that details: (1) any
[[Page H1971]]
prior safety violations during construction or structural
deficiencies related to design or construction flaws in
bridge projects involving any of the firms involved in the
design, construction, and inspection of the structure, or
their contractors; (2) any criminal conviction of these firms
for alleged design or construction deficiencies; (3) a list
of all firms which have received Federal funding from the
Department and that have a history of accidents, violations,
and/or structural deficiencies with frequencies greater than
those that would be consistent with construction completed
with the appropriate focus on the safety and security of
workers and the public requisite for these types of projects.
General Provisions--Department of Transportation
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 prohibits funds in this Act for salaries and
expenses of more than 125 political and Presidential
appointees in the Department of Transportation.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 185 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement unless DOT
gives a 3-day advance notice to the House and Senate
Committees on Appropriations. The provision also requires
notice of any ``quick release'' of funds from FHWA's
emergency relief program, and prohibits notifications from
involving funds not available for obligation. The provision
requires DOT to provide a comprehensive list of all loans,
loan guarantees, lines of credit, and discretionary grants
that will be announced with a 3-day advance notice to the
House and Senate Committees on Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to
be made available until expended to cover expenses incurred
in recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to that modal administration.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits,
including distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference
not otherwise authorized by law, only if certain requirements
are met related to availability of local labor, displacement
of existing employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
The conferees require the Department of Housing and Urban
Development (HUD) to continue its efforts to ensure victims
of domestic violence and assault are not unlawfully evicted
or denied housing, as required by the Violence Against Women
Reauthorization Act of 2013, and to report on these
activities within 180 days of enactment of this Act.
executive offices
The conferees include $14,900,000 for the salaries and
expenses for executive offices, available until September 30,
2020, which shall be comprised of seven offices including the
Offices of the Secretary, Deputy Secretary, Adjudicatory
Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization,
and the Center for Faith-Based and Neighborhood Partnerships.
administrative support offices
The conferees provide $541,500,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2020. Funds are provided as follows:
Office of the Chief Financial Officer................ 70,400,000
Office of the General Counsel........................ 97,800,000
Office of Administration............................. 206,300,000
Office of the Chief Human Capital Officer............ 40,400,000
Office of Field Policy and Management................ 54,300,000
Office of the Chief Procurement Officer.............. 19,100,000
Office of Departmental Equal Employment Opportunity.. 3,800,000
Office of Business Transformation.................... 4,700,000
Office of the Chief Information Officer.............. 44,700,000
------------------
Total............................................ $541,500,000
Program Office Salaries and Expenses
public and indian housing
The conferees provide $219,800,000 for the salaries and
expenses for the Office of Public and Indian Housing, to
remain available until September 30, 2020.
community planning and development
The conferees provide $112,344,000 for the salaries and
expenses for the Office of Community Planning and
Development, to remain available until September 30, 2020.
The conferees direct HUD to prioritize hiring and backfilling
of staff to support grant monitoring and the closeout of open
audits and backlog of audits in Regions I and IV. The
conferees provide no less than $444,000 for new personnel
hires in Region I in order to fulfill mission critical
functions, including program oversight and management and the
closeout of open audits and backlog in Region I.
housing
The conferees provide $382,500,000 for the salaries and
expenses for the Office of Housing, to remain available until
September 30, 2020. The conferees direct the Department to
ensure the Office of Recapitalization is funded at no less
than $12,000,000.
policy development and research
The conferees provide $26,000,000 for the salaries and
expenses for the Office of Policy Development and Research,
to remain available until September 30, 2020.
fair housing and equal opportunity
The conferees provide $72,900,000 for the salaries and
expenses for the Office of Fair Housing and Equal
Opportunity, to remain available until September 30, 2020.
Office of Lead Hazard Control and Healthy Homes
The conferees provide $8,600,000 for the salaries and
expenses for the Office of Lead Hazard Control and Healthy
Homes, to remain available until September 30, 2020.
working capital fund
(including transfer of funds)
The conferees provide the Secretary with the authority to
transfer amounts provided in this title for salaries and
expenses, except those for the Office of Inspector General,
to this account for the purpose of funding certain approved
centralized activities.
Public and Indian Housing
tenant-based rental assistance
The conferees provide $22,598,000,000 for all tenant-based
Section 8 activities under the tenant-based rental assistance
account.
The conferees do not increase the amount of Section 8
administrative fees to be distributed at the discretion of
the Secretary. The conferees encourage, but do not require
HUD to prioritize the needs of Public Housing Authorities
(PHAs) that participate in the mobility demonstration program
or that have been impacted by disasters when awarding
discretionary administrative fee amounts. The conferees do
not include the authority to make temporary adjustments to
allocations for PHAs in an area for which the President
declared a disaster.
Family mobility demonstration.--The conferees include
$25,000,000 to implement a family mobility demonstration,
including no less than $20,000,000 to support PHA programs
designed to empower families to successfully move to, and
remain in, lower-poverty areas and up to $5,000,000 for
incremental housing vouchers for families with children that
participate in the demonstration. The conferees include
resources in 2019 within the policy development and research
account to support a systematic evaluation of the approaches
employed under this demonstration.
Public housing assessment system.--The conferees
acknowledge receipt of a HUD report on potential changes to
the public housing assessment system for PHAs that operate
550 or fewer units and vouchers combined and does not direct
HUD to repeat this reporting requirement in fiscal year 2019.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The conferees include language allowing unobligated
balances in the housing certificate fund to be used for
renewal of or amendments to section 8 project-based contracts
and for performance-based contract administrators.
PUBLIC HOUSING CAPITAL FUND
The conferees provide $2,775,000,000 for the public housing
capital fund. The conferees provide up to $14,000,000 for
public housing financial and physical assessment activities,
up to $1,000,000 for administrative and judicial
receiverships, not to exceed $30,000,000 for emergency
capital needs, of which not less than $10,000,000 is for
safety and security measures, up to $35,000,000 for the
resident opportunities and self-sufficiency program,
$15,000,000 for the jobs-plus pilot initiative, and
$25,000,000 for competitive grants to public housing agencies
to evaluate and reduce lead-based paint hazards in public
housing. The conferees do not include funding for
[[Page H1972]]
grants to support demolition of physically obsolete public
housing properties.
Emergency call systems.--The conferees direct the Office of
Public and Indian Housing to issue the clarifying guidance
regarding emergency call systems required under Senate Report
115-268 within 90 days of enactment of this Act.
PUBLIC HOUSING OPERATING FUND
The conferees provide $4,653,116,000 for the public housing
operating fund, to remain available until September 30, 2020.
CHOICE NEIGHBORHOODS INITIATIVE
The conferees provide $150,000,000 for the choice
neighborhoods initiative, to remain available until September
30, 2021. The conferees include language requiring that at
least $75,000,000 be made available to public housing
agencies, and provide up to $5,000,000 for grants to fund
comprehensive local implementation plans with community
notice and input. The conferees require the Department to
issue the notice of funding availability within 60 days of
enactment of this Act.
FAMILY SELF-SUFFICIENCY
The conferees provide $80,000,000 for the family self-
sufficiency (FSS) program to support service coordinators who
serve residents in both the public housing and voucher
programs, to remain available until September 30, 2020.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)
The conferees provide $755,000,000 for the Native American
Housing Block Grants program. Of the total amount,
$100,000,000 is provided for competitive grants, to remain
available until September 30, 2023 to be awarded through a
single national competition based on need and capacity. The
remaining $655,000,000 shall be for the formula funding
program, to remain available until September 30, 2023. Of
this amount, $7,000,000 is set-aside for inspections,
contracting expertise, training, and technical assistance
related to funding provided for the needs of Native
Americans, including no less than $2,000,000 to be awarded to
a national organization as authorized by section 703 of the
Native American Housing Assistance and Self Determination Act
of 1996 (NAHASDA), and $2,000,000 is set-aside for the cost
of guaranteed loans as authorized by title VI of NAHASDA
provided the principal amount is no greater than $17,761,989.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The conferees provide $1,440,000, to remain available until
expended, to subsidize a total loan level of up to
$553,846,154.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The conferees provide $2,000,000 for the Native Hawaiian
Housing Block Grant program, to remain available until
September 30, 2023.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The conferees provide $393,000,000 for the housing
opportunities for persons with AIDS program, to remain
available until September 30, 2020, except for amounts
allocated pursuant to 854(c)(5) which are available until
September 30, 2021.
COMMUNITY DEVELOPMENT FUND
The conferees direct $3,365,000,000 for the community
development fund, to remain available until September 30,
2021. Of the total, the conferees direct $3,300,000,000 in
formula funding and $65,000,000 for Indian tribes, of which
up to $4,000,000 is available for imminent health and safety
emergencies.
Community Development Loan Guarantees
PROGRAM ACCOUNT
The conferees do not provide a credit subsidy for this
program, but instead provide the authority to collect fees
from borrowers adequate to result in a subsidy cost of zero.
The conferees also provide an aggregate limitation on
commitments of no more than $300,000,000 for loan guarantees
under section 108.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The conferees provide $1,250,000,000, to remain available
until September 30, 2022, for the Home Investment
Partnerships (HOME) program.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The conferees provide a total of $54,000,000, to remain
available until September 30, 2021 in the following amounts
and for the following purposes: $10,000,000 for the self-help
homeownership opportunity program; $35,000,000 for the
second, third, and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993, of which not less than $5,000,000 shall be for rural
capacity building activities; $5,000,000 for capacity
building activities by national organizations with expertise
in rural housing development; and $4,000,000 for a program to
rehabilitate and modify homes of disabled or low-income
veterans as authorized under section 1079 of Public Law 113-
291.
HOMELESS ASSISTANCE GRANTS
The conferees provide $2,636,000,000, to remain available
until September 30, 2021, for homeless assistance grants. Of
the amount provided, not less than $280,000,000 shall be for
the emergency solutions grants program; not less than
$2,219,000,000 shall be for the continuum of care and rural
housing stability assistance programs; up to $50,000,000
shall be for rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that are critical in order to assist survivors of
domestic violence, dating violence, and stalking; up to
$7,000,000 shall be for the national homeless data analysis
project; and up to $80,000,000 shall be for projects in up to
25 communities, including at least eight communities with
substantial rural populations, to demonstrate how a
comprehensive approach to serving homeless youth can reduce
youth homelessness, of which up to $5,000,000 shall be for
technical assistance on youth homelessness, and collection,
analysis, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth.
The conferees remind HUD, grantees, and communities that
the emergency solutions grant program is a flexible tool that
can prevent evictions and reduce unsheltered homelessness.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The conferees provide $11,347,000,000 for project-based
rental assistance activities, to remain available until
expended, of which not to exceed $245,000,000 is for
performance-based contract administrators. The conferees also
provide an additional advance appropriation of $400,000,000,
to be made available on October 1, 2019, and allows the
Secretary to use project funds held in residual receipt
accounts, unobligated balances, including recaptures, and
carryover for program activities. The conferees encourage HUD
to work with performance-based contract administrators to
identify cost savings while ensuring continuation of all
necessary tasks.
HOUSING FOR THE ELDERLY
The conferees provide $678,000,000 for the Section 202
program, to remain available until September 30, 2022, of
which $51,000,000 shall be for new capital advances and
project-based rental assistance contracts, up to $90,000,000
shall be for service coordinators and the continuation of
existing congregate service grants, and $10,000,000 shall be
for the aging in place home modification grant program. The
appropriation, plus carryover balances and residual receipts,
fully funds all renewals, amendments, and property
inspections related to project-based rental assistance
contracts, senior preservation rental assistance contracts,
service coordinators, and existing congregate service grants.
HOUSING FOR PERSONS WITH DISABILITIES
The conferees provide $184,155,000 for the Section 811
program, to remain available until September 30, 2022. The
appropriation, plus carryover balances and residual receipts,
fully funds all project-based rental assistance contract
amendments and renewals. The conferees include $30,155,000
for new capital advance and project rental assistance awards,
and direct HUD to prioritize the creation of new unit
configurations that help localities comply with the
obligations of Olmstead v. L.C., 527 U.S. 581 (1999).
HOUSING COUNSELING ASSISTANCE
The conferees provide $50,000,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services, to remain available until September 30,
2020. The conferees require the Secretary to award grants
within 180 days of enactment of this Act and allow for the
Secretary to enter into multiyear grant agreements, subject
to the availability of annual appropriations.
RENTAL HOUSING ASSISTANCE
The conferees provide $5,000,000 for the rental housing
assistance program and allow for the Department to use funds,
including unobligated balances and recaptured amounts, for
one-year contract extensions.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The conferees provide $12,000,000 for the manufactured
housing standards programs, of which $12,000,000 is to be
derived from fees collected and deposited in the manufactured
housing fees trust fund.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The conferees establish a limitation of $400,000,000,000 on
commitments to guarantee single-family loans and $130,000,000
for administrative contract expenses during fiscal year 2019,
which shall be available until September 30, 2020. The
conferees also provide an additional $1,400 for
administrative contract expenses, up to $30,000,000, for each
$1,000,000 in additional guaranteed loan commitments, if
guaranteed loan commitment levels exceed $200,000,000,000 by
April 1, 2019. The conferees require that insurance for new
mortgage commitments in fiscal year 2019 under Section 255 of
the National Housing Act have a net credit subsidy cost that
does not exceed zero. The conferees prohibit FHA from taking
adverse actions against lenders in disaster affected areas
based solely on compare ratios.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The conferees establish a $30,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2019, and provides that such commitment authority shall
be available until September 30, 2020. The conferees direct
the Secretary to evaluate the impact of, and barriers
associated with, including hospitals with more than 50
percent of patients attributable to mental health and
substance abuse treatment, in the hospital mortgage insurance
program under
[[Page H1973]]
section 242 of the National Housing Act and expanding the use
of healthcare mortgage insurance program under section 232 of
the National Housing Act to include residential care
facilities that treat individuals with drug and alcohol
dependency, and to report to the House and Senate Committees
on Appropriations 120 days after enactment of this Act.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES
LOAN GUARANTEE PROGRAM ACCOUNT
The conferees establish a limitation of up to
$550,000,000,000 for new commitments and provide $27,000,000
for salaries and expenses for the government national
mortgage association for fiscal year 2019, which shall be
available until September 30, 2020. The conferees also
provide an increase in salaries and expense funds of $100 for
each $1,000,000 in additional guaranteed loan commitments, up
to a maximum of $3,000,000, if guaranteed loan commitments
exceed $155,000,000,000 by April 1, 2019.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The conferees provide $96,000,000 for research and
technology activities and technical assistance, to remain
available until September 30, 2020. The conferees provide
$50,000,000 for core research and technology including:
market surveys, research support and dissemination, data
acquisition, housing finance studies, research partnerships,
and housing technology.
The conferees provide not less than $29,000,000 under this
heading for technical assistance, of which $3,000,000 is for
non-profit or private sector organizations to assist
distressed cities or regions with populations under 40,000
and that have been impacted by a natural disaster, and up to
$1,000,000 for envision center technical assistance.
The conferees provide up to $17,000,000 for critical
research, demonstrations, and evaluations, including:
Up to $1,000,000 for an envision center
evaluation;
Up to $4,000,000 for the moving to work expansion
demonstration expansion evaluation;
$3,000,000 for the housing mobility demonstration;
$2,000,000 for homeless youth research activities
authorized under section 345 of the Runaway and Homeless
Youth Act;
Up to $1,000,000 for the Office of Innovation for
innovation awards;
Continued funding for the choice neighborhood
implementation study and the rent reform demonstration; and
New funding for: the Home Equity Conversion
Mortgage (HECM) improvement study; long term tracking of the
family self-sufficiency program; a process evaluation of the
Section 3 program; administrative data linkages to assess
long term outcomes of exit from assisted housing; and
research addressing the housing needs of older Americans.
In addition, the conferees direct HUD to compile and
publish all research it supported over the prior 5 years
relating to the HECM program.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The conferees provide $65,300,000 for fair housing
activities, of which $39,600,000 is for the Fair Housing
Initiatives Program (FHIP), $23,900,000 is for the fair
housing assistance program, $1,500,000 is for the national
fair housing training academy, and $300,000 is for translated
materials. Of the funds available for FHIP, not less than
$7,450,000 is available for education and outreach programs.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
The conferees direct $279,000,000 for the lead hazard
control and healthy homes programs, to remain available until
September 30, 2020. Of the amount provided, $45,000,000 is
available for the healthy homes initiative. The conferees
provide $64,000,000 for the implementation of projects to
demonstrate how intensive, extended, multi-year interventions
can reduce the presence of lead-based paint hazards in low-
income, pre-1940 homes by achieving economies of scale that
can lower the cost of remediation activities. The conferees
direct that seven five-year grants of no less than $6 million
per grant be awarded pursuant to this demonstration program.
Information Technology Fund
The conferees direct $280,000,000 for the information
technology fund, of which $260,000,000 is available until
September 30, 2020, and $20,000,000 is available until
September 30, 2021.
Office of Inspector General
The conferees provide $128,082,000 for the salaries and
expenses of the office of inspector general.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
State Housing Finance Agencies.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of
1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2020 to be submitted in
the identical account and sub-account structure provided in
this Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for
persons with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 213 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 214 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State
on behalf of non-entitlement communities in the State.
Section 215 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 216 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 217 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 218 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2019.
Section 219 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses
appropriations, and requires the Department to submit a spend
plan to the House and Senate Committees on Appropriations.
Section 220 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less,
appropriated under the headings ``Administrative Support
Offices'' or ``Program Office Salaries and Expenses'' to any
other office funded under such headings.
Section 221 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 222 places a salary and bonus limit on public
housing agency officials and employees.
Section 223 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 224 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 225 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 226 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants under section 106 of
the Housing and Community Development Act of 1974.
Section 227 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement
to be reobligated for additional research.
Section 228 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 229 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program for fiscal year 2019.
Section 230 allows program income as an eligible match for
2015, 2016, 2017, 2018, and 2019 continuum of care funds.
Section 231 permits HUD to provide one year transition
grants under the continuum of care program with no more than
50 percent of the grant provided for costs of eligible
activities of the program component originally funded.
Section 232 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
[[Page H1974]]
Section 233 prohibits section 218(g) and 231(b) of the
Cranston-Gonzalez National Affordable Housing Act from
applying with respect to the right of a jurisdiction to draw
funds from its HOME Investment Trust Fund that otherwise
expired or would expire in 2016, 2017, 2018, 2019, 2020, or
2021.
Section 234 rescinds the balance of previously appropriated
funds.
Section 235 authorizes a housing choice voucher mobility
demonstration program.
Section 236 repeals a reporting requirement.
Section 237 maintains current Promise Zone designations and
agreements.
Section 238 prohibits funds from being used to establish
review criteria, including rating factors or preference
points, for competitive grants programs for EnVision Center
participation or coordination.
TITLE III--RELATED AGENCIES
Access Board
Salaries and Expenses
The conferees provide $8,400,000 for the salaries and
expenses of the Access Board.
Federal Maritime Commission
Salaries And Expenses
The conferees direct $27,490,000 for the salaries and
expenses of the Federal Maritime Commission, of which not
more than $2,000 may be available for official reception and
representation expenses. Of the funds provided, not less than
$365,000 is available for the Office of Inspector General.
National Railroad Passenger Corporation
Office of the Inspector General
Salaries and Expenses
The conferees provide $23,274,000 for the National Railroad
Passenger Corporation Office of the Inspector General, and
direct the Inspector General to update a 2008 DOT OIG report
titled ``Effects of Amtrak's Poor on-time Performance'' no
later than 240 days after enactment of this Act.
National Transportation Safety Board
Salaries and Expenses
The conferees provide $110,400,000 for the salaries and
expenses of the National Transportation Safety Board (NTSB).
The conferees do not direct the NTSB to further investigate
the recent bridge collapse at Florida International
University. Instead, the conferees provide direction on this
issue to the Department of Transportation Office of Inspector
General.
Neighborhood Reinvestment Corporation
Payment to the Neighborhood Reinvestment Corporation
The conferees provide $150,000,000 for the Neighborhood
Reinvestment Corporation, of which $5,000,000 shall be for a
multi-family rental housing program. In addition, the
conferees provide $2,000,000 for the promotion and
development of shared equity housing models.
Surface Transportation Board
Salaries and Expenses
The conferees provide $37,100,000 for salaries and
expenses. The conferees permit the collection of up to
$1,250,000 in user fees to be credited to that appropriation
and provide that the general fund appropriation be reduced on
a dollar-for-dollar basis by the actual amount collected in
user fees to result in a final appropriation from the general
fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
Operating Expenses
The conferees provide $3,600,000 for operating expenses of
the United States Interagency Council on Homelessness (USICH)
and extends authorization for the council until October 1,
2028.
The conferees direct the Government Accountability Office
to conduct an evaluation of USICH management and governance
structure including the council's ability to effectively
oversee the Executive Director and the agency's annual
operations, and deliver a report to the House and Senate
Committees on Appropriations within one year of enactment of
this Act.
TITLE IV--GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming
and transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2020, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S.
Government, except where transfer authority is provided in
this or any other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air
Transport Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance
is important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or
practice complaints filed at the amount authorized for
district court civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet or fleet
inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 419 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 420 provides a modification cost for credit risk
premium repayment for a certain cohort of RRIF loans.
Section 421 modifies title 23 to amend federal truck weight
exemptions in the State of Kentucky.
Section 422 modifies title 23 to amend federal truck weight
exemptions for commercial motor vehicles powered either by
natural gas or electric battery.
Section 423 exempts truck length restrictions for the
transportation of sugar beets on specific routes in the State
of Oregon.
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Nita Lowey,
Lucille Roybal-Allard,
David E. Price,
Barbara Lee,
Henry Cuellar,
Pete Aguilar,
Kay Granger,
Charles Fleischmann,
Steven M. Palazzo,
Managers on the Part of the House.
Richard Shelby,
Shelley Moore Capito,
John Hoeven,
Roy Blunt,
Patrick J. Leahy,
Richard J. Durbin
(Except for border patrol agent and detention bed funding),
Jon Tester,
Managers on the Part of the Senate.