[Pages H312-H338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2019
Mr. QUIGLEY. Mr. Speaker, pursuant to House Resolution 28, I call up
the bill (H.R. 264) making appropriations for financial services and
general government for the fiscal year ending September 30, 2019, and
for other purposes, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 28, the bill is
considered read.
The text of the bill is as follows:
H.R. 264
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for financial services
and general government for the fiscal year ending September
30, 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$208,751,000: Provided, That of the amount appropriated
under this heading--
(1) not to exceed $700,000 is for official reception and
representation expenses, of which necessary amounts shall be
available for expenses to support activities of the Financial
Action Task Force, and not to exceed $350,000 shall be 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 amount
appropriated under this heading: (1) up to $33,500,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative
support to the Office of Terrorism and Financial
Intelligence; and (2) up to $10,000,000 shall remain
available until September 30, 2020: Provided further, That
of the amount appropriated under this heading, not less than
$1,000,000 shall be used to support and augment new and
ongoing investigations into the illicit trade of synthetic
opioids, particularly fentanyl and its analogues, originating
from the People's Republic of China: Provided further, That
not later than 180 days after the date of the enactment of
this Act, the Secretary of the Treasury, in coordination with
the Administrator of the Drug Enforcement Administration and
the heads of other Federal agencies, as appropriate, shall
submit a comprehensive report (which shall be submitted in
unclassified form, but may include a classified annex)
summarizing efforts by actors in the People's Republic of
China to subvert United States laws and to supply illicit
synthetic opioids to persons in the United States, including
up-to-date estimates of the scale of illicit synthetic
opioids flows from the People's Republic of China, to the
Committee on Appropriations, the Committee on Homeland
Security, and the Committee on Financial Services of the
House of Representatives and the Committee on Appropriations,
the Committee on Homeland Security and Governmental Affairs,
and the Committee on Banking, Housing, and Urban Affairs of
the Senate.
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''
[[Page H313]]
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;
$169,634,000, 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), $17,500,000.
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 $10,000 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, $111,439,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 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.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvements Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $250,000,000. Of the amount appropriated under
this heading--
(1) not less than $182,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2020, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $2,680,000 may be used for the cost
of direct loans: 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) 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
(5) 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 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
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,
$2,506,554,000, 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 $20,000,000,
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 $206,000,000 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
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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; $3,709,000,000, 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, $110,000,000, to
remain available until September 30, 2021, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments, including the purposes and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which 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. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. 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. 107. 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. 108. 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. 109. 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. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. 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. 112. 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. 113. In addition to the amounts otherwise made
available in this Act for the Internal Revenue Service,
$77,000,000, to be available until September 30, 2020, shall
be transferred by the Commissioner to the ``Taxpayer
Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional
amount to be used solely for carrying out Public Law 115-97:
Provided, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of health and
medical services to employees and their dependents serving in
foreign countries; and services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Terrorism and
Financial Intelligence'', ``Office of Inspector General'',
``Special Inspector General for the Troubled Asset Relief
Program'', ``Financial Crimes Enforcement Network'', ``Bureau
of the Fiscal Service'', and ``Alcohol and Tobacco Tax and
Trade Bureau'' may be transferred between such appropriations
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 117. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
[[Page H315]]
Sec. 121. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2019
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 122. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. During fiscal year 2019--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 127. Amounts made available under the heading
``Office of Terrorism and Financial Intelligence'' shall be
available to reimburse the ``Departmental Offices--Salaries
and Expenses'' account for expenses incurred in such account
for reception and representation expenses to support
activities of the Financial Action Task Force.
Sec. 128. 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.
Sec. 129. Not later than 180 days after the date of
enactment of this Act, the Financial Crimes Enforcement
Network and the appropriate divisions of the Department of
the Treasury shall submit to Congress a report on any
Geographic Targeting Orders issued since 2016, including--
(1) the type of data collected;
(2) how the Financial Crimes Enforcement Network uses the
data;
(3) whether the Financial Crimes Enforcement Network needs
more authority to combat money laundering through high-end
real estate;
(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; and
(5) the feasibility of implementing Geographic Targeting
Orders on a permanent basis on all real estate transactions
in the United States greater than $300,000.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security
[[Page H316]]
Council, including services as authorized by 5 U.S.C. 3109,
$11,800,000.
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, $101,000,000, 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, $2,000,000 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), $117,327,000, to remain available until
expended, which shall be available as follows: $99,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469; and
$3,000,000, to remain available until expended, shall be for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2020.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $19,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President''
[[Page H317]]
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, $19,450,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,154,461,000 (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,
$1,140,846,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $49,750,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $604,460,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $92,413,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which
$1,800,000 shall remain available through September 30, 2020,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,548,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of
[[Page H318]]
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, $30,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $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, $244,939,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $13,379,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $121,251,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,909,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $38,400,000, 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 notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading ``Federal Payment to the
District of Columbia Courts,'' to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided
under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of
Columbia: Provided further, That, notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $256,724,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the funds appropriated under this heading, $183,166,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to
the supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $5,919,000 shall remain available until September 30,
2021 for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That, of the funds
appropriated under this heading, $73,558,000 shall be
available to the Pretrial Services Agency, of which
$7,304,000 shall remain available until September 30, 2021
for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$45,858,000, of which $4,471,000 shall be 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
[[Page H319]]
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 Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $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,
$2,000,000.
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, $10,000,000, 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, $281,500,000, 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 $57,000,000, to remain available until
September 30, 2020, shall be for the purchase of information
technology and of which not less than $3,302,509 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, $126,000,000.
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $9,200,000, of which
$1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$333,118,000, to remain available until expended: Provided,
That $333,118,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2019 so as to result in a final fiscal year 2019
appropriation estimated at $0: Provided further, That any
offsetting collections received
[[Page H320]]
in excess of $333,118,000 in fiscal year 2019 shall not be
available for obligation: Provided further, That remaining
offsetting collections from prior years collected in excess
of the amount specified for collection in each such year and
otherwise becoming available on October 1, 2018, shall not be
available for obligation: Provided further, That,
notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use
of a competitive bidding system that may be retained and made
available for obligation shall not exceed $130,284,000 for
fiscal year 2019: Provided further, That, of the amount
appropriated under this heading, not less than $11,064,000
shall be for the salaries and expenses of the Office of
Inspector General.
administrative provisions--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 $9,633,450,000,
of which--
(1) $1,080,068,000 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) $100,000,000 shall be for the DHS Consolidation at St.
Elizabeths, Washington, District of Columbia;
(C) $27,268,000 shall be for the Former Hardesty Federal
Complex, Kansas City, Missouri;
(D) $9,000,000 shall be for the Southeast Federal Center
Remediation, Washington, District of Columbia; and
(E) $175,900,000 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) $890,419,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $424,690,000 is for Major Repairs and Alterations;
(B) $373,556,000 is for Basic Repairs and Alterations; and
(C) $92,173,000 is for Special Emphasis Programs, of
which--
(i) $30,000,000 is for Fire and Life Safety;
(ii) $11,500,000 is for Judiciary Capital Security; and
(iii) $50,673,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,418,845,000 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
[[Page H321]]
and acquisition project for which a prospectus, if required
by 40 U.S.C. 3307(a), has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus:
Provided further, That funds available in the Federal
Buildings Fund may be expended for emergency repairs when
advance approval is obtained from the Committees on
Appropriations: Provided further, That amounts necessary to
provide reimbursable special services to other agencies under
40 U.S.C. 592(b)(2) and amounts to provide such reimbursable
fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or
control as may be appropriate to enable the United States
Secret Service to perform its protective functions pursuant
to 18 U.S.C. 3056, shall be available from such revenues and
collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2019, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund in
this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $58,499,000.
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 not less than $26,890,000 is for Real
and Personal Property Management and Disposal; and up to
$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
(including transfer of funds)
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.
In addition to the foregoing appropriation, $2,000,000, to
remain available until expended, shall be transferred to the
Council of the Inspectors General on Integrity and Efficiency
for enhancements to www.oversight.gov: Provided, That these
amounts shall be in addition to any other amounts available
to the Council of the Inspectors General on Integrity and
Efficiency for such purpose.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2019 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That the transfer authorities provided herein shall
be in addition to any other transfer authority provided in
this Act.
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), $15,500,000,
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.
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.
[[Page H322]]
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,875,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That of the total amount made available under this heading
$200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain
available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$375,105,000.
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,
$4,801,000.
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, $16,439,000.
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,
$1,658,302,000, to remain available until expended; of which
not less than $15,206,269 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
[[Page H323]]
York regional office facilities, not to exceed $37,188,942,
to remain available until expended: Provided, That for
purposes of calculating the fee rate under section 31(j) of
the Securities Exchange Act of 1934 (15 U.S.C. 78ee(j)) for
fiscal year 2019, all amounts appropriated under this heading
shall be deemed to be the regular appropriation to the
Commission for fiscal year 2019: Provided further, That fees
and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further,
That not to exceed $1,658,302,000 of such offsetting
collections shall be available until expended for necessary
expenses of this account and not to exceed $37,188,942 of
such offsetting collections shall be available until expended
for costs under this heading associated with relocation under
a replacement lease for the Commission's New York regional
office facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2019 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2019
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation for costs associated with relocation under a
replacement lease for the Commission's New York regional
office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general
fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such
purpose shall be paid to each national securities exchange
and national securities association, respectively, in
proportion to any fees or assessments paid by such national
securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $267,500,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2019: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2020: Provided
further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $241,600,000,
to remain available until September 30, 2020: Provided, That
$130,000,000 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.
administrative provisions--small business administration
(including 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. None of the funds made available to the Small
Business Administration in this Act may be provided to a
company--
(1) that is headquarted in the People's Republic of China;
or
(2) for which more than 25 percent of the voting stock of
the company is owned by affiliates that are citizens of the
People's Republic of China.
Sec. 532. Not later than 180 days after the date of
enactment of this Act, the Small Business Administration
shall 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.
Sec. 533. The Administrator of the Small Business
Administration shall--
(1) 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)); and
(2) not later than 180 days after the date of enactment of
this Act, submit to the Committee on Small Business and
Entrepreneurship and the Committee on Appropriations of the
Senate and the Committee on Small Business and the Committee
on Appropriations of the House of Representatives--
(A) a report on Federal agency compliance with the
requirements under such section 15(k); and
(B) a report detailing the status of issuance by the Small
Business Administration 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).
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.
[[Page H324]]
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 $1,000,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2019, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from
appropriations made available for salaries and expenses for
fiscal year 2019 in this Act, shall remain available through
September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
[[Page H325]]
(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.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 622. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 623. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 624. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 625. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 626. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 627. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 628. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 629. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 630. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven
scope changes, or are not significant within the overall
scope of the project and/or program and unless such awards or
incentive fees are consistent with 16.401(e)(2) of the FAR.
Sec. 631. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission of more than $500,000
at any single conference unless the head of the Executive
branch department, agency, board, or commission 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 head of the Executive branch department, agency, board,
or commission 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. (a) None of the funds appropriated or otherwise
made available under this Act may be used by departments and
agencies funded in this Act to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE
Corporation or 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 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 Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation 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 and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the
[[Page H326]]
mitigation strategies identified in (1), provided that such
report may include a classified annex as necessary.
Sec. 633. None of the funds made available by this Act
shall be used for airline accommodations for any officer (as
defined in section 2104 of title 5, United States Code) or
employee (as defined in section 2105 of title 5, United
States Code) in the executive branch that are not coach-class
accommodations (which term is defined, for purposes of this
section, as the basic class of accommodation by airlines that
is normally the lowest fare offered regardless of airline
terminology used, and (as referred to by airlines) may
include tourist class or economy class, as well as single
class when the airline offers only one class of
accommodations to all travelers), unless such accommodations
are consistent with section 301-10.123 of title 41, Code of
Federal Regulations (as in effect on the date of enactment of
this Act) and, with respect to subsection (a)(3) and (b)(2)
of such section, written authorization is provided by the
head of the agency (or, if the accommodations are for the
head of the agency, by the Inspector General of the agency).
Sec. 634. The Comptroller General of the United States, in
consultation with relevant regulators, shall conduct a study
that--
(1) examines the financial impact of the mineral pyrrhotite
in concrete home foundations; and
(2) provides recommendations on regulatory and legislative
actions needed to help mitigate the financial impact
described in paragraph (1) on banks, mortgage lenders, tax
revenues, and homeowners.
Sec. 635. The explanatory statement regarding division B
of H.R. 21, printed in the Congressional Record on January 3,
2019, and submitted by the Chair of the Committee on
Appropriations, shall have the same effect with respect to
allocation of funds and implementation of this Act as if it
were a joint explanatory statement of a committee of
conference.
Sec. 636. (a) Employees furloughed as a result of any lapse
in appropriations beginning on or about December 22, 2018 and
ending on the date of enactment of this Act shall be
compensated at their standard rate of compensation, for the
period of such lapse in appropriations, as soon as
practicable after such lapse in appropriations ends.
(b) For purposes of this section, ``employee'' means any of
the following whose salaries and expenses are provided in
this Act:
(1) A Federal employee.
(2) An employee of the District of Columbia Courts.
(3) An employee of the Public Defender Service for the
District of Columbia.
(4) A District of Columbia Government employee.
(c) All obligations incurred in anticipation of the
appropriations made and authority granted by this Act for the
purposes of maintaining the essential level of activity to
protect life and property and bringing about orderly
termination of Government functions, and for purposes as
otherwise authorized by law, are hereby ratified and approved
if otherwise in accord with the provisions of this Act.
Sec. 637. (a) If a State (or another Federal grantee) used
State funds (or the grantee's non-Federal funds) to continue
carrying out a Federal program or furloughed State employees
(or the grantee's employees) whose compensation is advanced
or reimbursed in whole or in part by the Federal Government--
(1) such furloughed employees shall be compensated at their
standard rate of compensation for such period;
(2) the State (or such other grantee) shall be reimbursed
for expenses that would have been paid by the Federal
Government during such period had appropriations been
available, including the cost of compensating such furloughed
employees, together with interest thereon calculated under
section 6503(d) of title 31, United States Code; and
(3) the State (or such other grantee) may use funds
available to the State (or the grantee) under such Federal
program to reimburse such State (or the grantee), together
with interest thereon calculated under section 6503(d) of
title 31, United States Code.
(b) For purposes of this section, the term ``State'' and
the term ``grantee,'' including United States territories and
possessions, shall have the meaning given such terms under
the applicable Federal program under subsection (a). In
addition, ``to continue carrying out a Federal program''
means the continued performance by a State or other Federal
grantee, during the period of a lapse in appropriations, of a
Federal program that the State or such other grantee had been
carrying out prior to the period of the lapse in
appropriations.
(c) The authority under this section applies with respect
to any period in fiscal year 2019 (not limited to periods
beginning or ending after the date of the enactment of this
Act) during which there occurs a lapse in appropriations with
respect to any department or agency of the Federal Government
receiving funding in this Act which, but for such lapse in
appropriations, would have paid, or made reimbursement
relating to, any of the expenses referred to in this section
with respect to the program involved. Payments and
reimbursements under this authority shall be made only to the
extent and in amounts provided in advance in appropriations
Acts.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2019 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds
[[Page H327]]
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
[[Page H328]]
coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by
31 U.S.C. 1120, and not to exceed $17,000,000 for Government-
Wide innovations, initiatives, and activities: Provided
further, That the funds transferred to or for reimbursement
of ``General Services Administration, Government-wide
Policy'' during fiscal year 2019 shall remain available for
obligation through September 30, 2020: Provided further,
That such transfers or reimbursements may only be made after
15 days following notification of the Committees on
Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
[[Page H329]]
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2019,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2019, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2019, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2019 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2019 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2018,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2018,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2018.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303 and
5304 of title 5, United States Code: Provided, That
prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay
locality designated as ``Rest of United States'' pursuant to
section 5304 of title 5, United States Code, for purposes of
this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2018.
Sec. 738. (a) The Vice President may not receive a pay
raise in calendar year 2019, notwithstanding the rate
adjustment made under section 104 of title 3, United States
Code, or any other provision of law.
(b) 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, may not receive a pay
rate increase in calendar year 2019, notwithstanding schedule
adjustments made under section 5318 of title 5, United States
Code, or any other provision of law, except as provided in
subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political
appointment.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2019,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, a pay rate increase may not be received
in calendar year 2019 (except as provided in subsection (g),
(h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the
Executive Schedule; or
(2) 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 level IV
of the Executive Schedule.
(e) 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 level IV of
the Executive Schedule who serves under a political
appointment may not receive a pay rate increase in calendar
year 2019, notwithstanding any other provision of law, except
as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, or 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) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under section 3392 of title 5, United States Code, is not
subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and 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) is not subject to
this section.
(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 with higher-level duties and a pre-established
higher level or range of pay, except that any such increase
must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(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.
(k) If an employee affected by subsections (b) through (e)
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.
Sec. 739. (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.
[[Page H330]]
Sec. 740. 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. 741. 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. 742. 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. 743. (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. 744. (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. 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 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. 746. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 747. (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. 748. 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. 749. (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. 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.
[[Page H331]]
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2019 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2019
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2019 in this Act, shall
remain available through September 30, 2020, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2020 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2020 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2020 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2020.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2020 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2020 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. 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 Act may be cited as the ``Financial Services and
General Government Appropriations Act, 2019''.
The SPEAKER pro tempore. The bill shall be debatable for 1 hour,
equally divided and controlled by the chair and ranking minority member
of the Committee on Appropriations or their respective designees.
[[Page H332]]
The gentleman from Illinois (Mr. Quigley) and the gentleman from
Georgia (Mr. Graves) each will control 30 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. QUIGLEY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the measure under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. QUIGLEY. Mr. Speaker, I yield myself such time as I may consume.
Now that Democrats have taken the majority in the House, we have
shown our intention to govern responsibly and have already illustrated
real leadership at every turn, a welcome change after fighting through
2 years of chaos and obstruction, which culminated in a reckless
shutdown.
At the end of the day, the President's beloved border wall is the
issue solely responsible for this irresponsible shutdown, and it is an
absolute disgrace and a disservice to all Americans to allow this
broken campaign promise to hold all other key funding bills hostage.
From delays in the processing of Federal loan assistance applications
for small businesses and the uncertainty created for taxpayers during
tax season, to regulatory agencies like the FTC not being able to
pursue the vast majority of consumer protection investigations, I have
seen firsthand how this shutdown is impacting the communities around
the country, as the chairman-designate of the Financial Services
Subcommittee on Appropriations.
Due to the shutdown at the SEC, companies have been announcing
delays, and investors are concerned that IPOs for companies such as
Uber will miss a key first quarter deadline.
We can put a stop to this chaos that is rattling our communities and
our economy. This bill before us today is fiscally responsible and
makes hard choices among competing priorities. It provides a total of
$23.688 billion in discretionary resources, an increase of $265 million
over the fiscal year 2018 level.
The bill rejects the President's proposed elimination of the
Community Development Financial Institutions Fund and cuts to the Small
Business Administration, which provides necessary resources to spur
economic growth, particularly in underserved communities.
The bill provides a pay increase for civilian Federal employees in
2019, while putting a stop to the excessive raises to the Vice
President and other high-ranking administration officials.
In addition, the bill includes backpay for Federal employees
furloughed during this shutdown.
One key feature of this bill is the total lack of controversial
policy riders. This is a clean appropriations measure squarely under
the jurisdiction of this committee.
Again, most importantly, this bill will reopen the Department of the
Treasury, which includes the IRS as well as the Securities and Exchange
Commission, Small Business Administration, and multiple other agencies
that have a direct impact on the lives and livelihoods of American
families, businesses, and communities.
By passing this bill, we will be able to get more than 130,000
workers back to work and receiving a paycheck. It is long past time
that we reopen government, and this bill does exactly that for a number
of critical agencies that Americans rely on every day.
Mr. Speaker, I reserve the balance of my time.
Mr. GRAVES of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
I rise in opposition to this bill today because this is just another
one of the Democrat Party's political stunts.
The 116th Congress continues now under this cloud of a partial
government shutdown, and it is for one reason and one reason only, and
that is that the Democrats continue to put their political agenda ahead
of the security of our country.
So here we find ourselves, the very first act of the new majority is
to bring a Senate bill forward without any hearings, without any
debate, and certainly without any amendments.
As you know, Mr. Speaker, Democrats that bring the bills to the floor
this week are really bypassing the entire process, bypassing every
Member's responsibility here in Congress, and that is to put their mark
on each and every bill.
It also may be to distract from some of the President's ideas as
well. In fact, the President's funding request is completely normal,
and it is necessary. It is not extreme. It is not divisive. It is not
political in any way whatsoever.
What is extreme, what is divisive, what is political, and what is
unnecessary is the Democrats' refusal to actually negotiate with the
President, their refusal to hear the facts and understand the facts as
presented by the experts.
They are more committed to satisfying their political base than
securing the border and opening the government, which we could do very
quickly if they just chose to meet with the President and negotiate on
good terms and in good faith.
If that is not bad enough, there are serious problems with this bill.
The underlying measure itself is certainly not perfect. After all, it
is a Senate bill, might I remind you, Mr. Speaker. It is identical to
the bill that they passed last year, and it does not include any of the
House priorities.
Democrats are not allowing any amendments here today, so there is no
way even to improve this bill, to perfect this bill, and we know we are
the body of perfecting the Senate's legislation.
Our constituents have elected us each here to represent them in
Congress, Republicans and Democrats alike, not to abdicate our
responsibilities and simply accept something from the Senate.
In fact, today is beginning a process that I see as very dangerous
and, in fact, is just asking this body, under this new majority, to
have every Member of the House of Representatives vote on nearly $300-
plus billion of spending without one committee hearing, without one bit
of debate, without one amendment, and without any bit of perfection,
and, yet, stand before our constituents and say we have given this full
and thorough thought.
Now, there are many House priorities that both Democrats and
Republicans support that would certainly improve this legislation. For
example, the bill that we passed out of the House last year had many
great bipartisan elements to it. We passed it back in July, and it
contained nearly $276 million for the Calexico, California, land port
of entry, fully funding what was necessary there at that land port of
entry. Yet, the Senate bill is $100 million short.
Additionally, the bill that passed the House last year included 20
pieces of legislation that were bipartisan financial reforms that were
approved by this Chamber during the last Congress with a vote of 270
votes or more.
Mr. Speaker, you don't find that very often and you certainly haven't
over the last couple of years, yet it was included in what we passed
last year. Might I add, it is completely omitted by the Senate.
So Democrats and Republicans, including Chairwoman Waters herself,
sponsored many of these provisions--I know she is here with us today,
and I hope she speaks to the fact of their absence in this bill today--
that were building upon the JOBS Act from 2012.
These provisions facilitated capital formation, enhanced our capital
markets, and provided targeted relief to various institutions. More
importantly, Mr. Speaker, it provided consumer protection, which I
think and I would hope is a bipartisan quest for us.
The Senate bill also shorts the Small Business Administration's
Entrepreneurial Development programs, something that has been
bipartisan in this House. They short it by more than $10 million
compared to what we passed last year. It shorts the SBA's Women's
Business Centers by $1 million and their veterans outreach by $400,000.
Mr. Speaker, those are things we included last year that the Senate
has found are not a priority. The question I would have before this
House today is: Do we no longer hold those as priorities?
[[Page H333]]
If we pass what is proposed today, we are, in fact, saying it is no
longer a priority that we focus on veterans' or on women's businesses.
If that is not bad enough, the Senate bill is more than $31 million
short on SBA's disaster loans program. Many areas of this country,
including my State, including many of the States represented in this
room as we speak, are still reeling from last year's disasters. So do
Democrats really want to cut this lifeline short?
Mr. Speaker, I would hope not.
By abandoning the bipartisan House bill, Democrats are underfunding
programs for women, veterans, and disaster victims.
Additionally, this Senate bill contains nothing--and I say, Mr.
Speaker, nothing--for community development financial institutions to
assist those with disabilities.
Are we standing here today, Mr. Speaker, and saying that those with
disabilities are no longer a priority of this House? A ``yes'' vote
today would confirm that.
Mr. Speaker, that is why I am certainly not supporting this bill.
But I know that I have worked with my friend, Mr. Quigley, who is now
the chairperson, and we are going to have a great working relationship.
But this Senate bill is deficient of even his priorities.
I know it is very difficult for him today to introduce a bill that he
didn't craft, that he didn't originate other than by name only. I know
it is probably even more difficult that he is introducing a bill that
was originally introduced by Republicans in the Senate.
It doesn't include even his priorities that I worked on long and hard
with him, including the Elections Assistance Commission, which was a
strong priority of his. They cut it by more than $1 million over what
we had included last year.
The Consumer Protection Safety Commission is also $1 million below
what our House bill was, and it does not fund the grants for pool
safety, which I think we all know is a longtime House priority for many
Members of this body.
Finally, Mr. Speaker, the National Defense Authorization Act created
an entirely new structure for the Treasury Department's Committee on
Foreign Investment in the United States. They need another $6 million,
just $6 million to meet the requirements of this new authorization,
which will help protect all of our Nation's interests.
I guess I should say it one more time. The Senate has let us down,
and they don't even include that in this bill as well.
So I lay a lot of blame on the Senate bill itself and the components
of the Senate bill, but that shouldn't take away from the fact that it
is being introduced in this House today by the new majority.
Mr. Speaker, I heard the presentations that were given on opening day
last week as we were all sworn in, and I was hopeful that there would
be a very open, deliberative debate process that we would engage in, in
this House. I know there will be those that will claim there is urgency
and there is haste, and we must move fast. But we should never move
fast and hastily and disregard the constituencies that we each
represent or their voices, or putting our fingerprints on legislation
in the name of efficiency or in the name of where we are today and the
political differences.
We must embrace this political debate. We must allow every Member's
voice to be heard.
Mr. Speaker, I am going to urge my friends on the other side of the
aisle: Let's give this a chance. Let's open up this process. Let's come
to the table.
We can do this. In fact, Mr. Quigley and I have shown that that can
be done even as we worked through last year.
We can fund border security. We can secure our Nation. We can reopen
the government. We can incorporate the priorities of Republicans and
Democrats in the House today, because, after all, we are closest to the
people. Don't their voices deserve to be heard?
The American people are counting on us, Mr. Speaker, so they have
elected us to do this. I hope we can do it. I rise in opposition and
will be opposing this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Speaker, I yield 3 minutes to the gentlewoman from
New York (Mrs. Lowey), the distinguished, newly minted, first-ever
chairwoman of the House Appropriations Committee.
Mrs. LOWEY. Mr. Speaker, I am delighted to have the opportunity to
work with what we call our cardinal, the chair of this distinguished
Subcommittee of Appropriations, and I thank him for yielding me some
time.
Mr. Speaker, the Trump shutdown is now in its 19th day. It is simply
outrageous that more than 800,000 Federal employees are going without
pay and that the American people are being denied vital services, all
because of President Trump's demands for a wasteful border wall.
House Democrats want to open the government, but the President and
the Senate Republicans continue to obstruct and delay instead of
working with us to get the people's business done.
{time} 1430
The solution to this crisis is simple: Pass the bills where we can
agree, and extend funding for Homeland Security for a month, 30 days,
to allow time for negotiation on border security and immigration
policy.
I hope that my colleagues across the Capitol come to their senses and
stop this ridiculous, dangerous Trump shutdown. Unless Congress acts,
the American people will continue to experience serious impacts from
the shutdown.
Taxpayers rely on the IRS to assist them in making big choices for
their financial planning. That advice helps families make important
decisions, like whether to put money into their savings or buy that new
appliance to replace a broken one. With taxpayer assistance, phone
lines, and centers closed for business, our constituents don't have
anyone they can turn to.
Outside of the IRS, small businesses, which make up the backbone of
our economy, also take a hit. With no access to Small Business
Administration loans during the shutdown, those businesses will remain
unable to make capital improvements, and entrepreneurs can't even
attend workshops with the SBA to seek advice.
We can reopen both the IRS and the SBA today, along with other vital
agencies like the FCC, the SEC, and the Federal judiciary. Democrats
are again ready to act. I urge my colleagues to support this bill.
Mr. GRAVES of Georgia. Mr. Speaker, I yield as much time as she may
consume to the gentlewoman from the State of Texas (Ms. Granger), the
ranking member of the Appropriations Committee, my good friend and
wonderful Representative.
Ms. GRANGER. Mr. Speaker, I rise today in opposition to H.R. 264.
Unfortunately, as with all the appropriations bills we consider this
week, moving this bill across the House floor will not resolve the
partial government shutdown.
It is a job and responsibility of Congress to appropriate funds. We
must come together, both Republicans and Democrats, in the House and
the Senate, to put together a legislation solution that will reopen the
government and fund border security, one that represents the will of
both Chambers and the American people.
By considering only the Senate-passed versions of these
appropriations bills, we are ignoring the will of this Chamber by
eliminating House Members' involvement in the appropriations process.
The bill before us today funds Senate priorities at the expense of
House priorities. In particular, the Financial Services and General
Government bill falls short in several areas: constructing border
points of entry, assisting taxpayers and U.S. businesses, and following
through on commonsense bipartisan financial reforms.
I want to thank my colleague from Georgia (Mr. Graves) for his
efforts today and over the last several months to ensure that the
House's voice is heard in this debate.
Mr. QUIGLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Georgia (Mr. Bishop), the chairman-designate of the Appropriations
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Subcommittee.
Mr. BISHOP of Georgia. Mr. Speaker, I rise in strong support of the
fiscal year 2019 Financial Services and General Government
appropriations bill as an effective vehicle for reopening the
[[Page H334]]
Federal Government agencies that are funded by this bill as
expeditiously as possible.
The legislation before the House today is vitally important to
ensuring the Federal Government and the U.S. economy can work for the
American people. It safeguards our financial system, ensures a fair
playing field for taxpayers, supports new businesses, cultivates the
vibrancy and effectiveness of our telecommunications system, safeguards
our workers, provides for the safety of our products, and protects the
integrity of our elections.
Among the agencies funded under the bill are the Consumer Product
Safety Commission, the Federal Communications Commission, the Federal
Trade Commission, the Federal Election Commission, the Securities and
Exchange Commission, the Internal Revenue Service, and the Small
Business Administration.
With this current, unnecessary, misguided government shutdown, the
agencies responsible for these objectives are not able to fulfill their
mission for the American people.
Hundreds of thousands of Federal workers are being furloughed without
pay; consumer help lines are going unanswered due to a lack of staff;
enforcement activities are being suspended; and loans from the Small
Business Administration are not being processed. In addition, with the
closure of the Federal Election Commission, reports of political
malfeasance are not being investigated.
And of great significance, without this funding, millions of
Americans will not be able to have their tax returns processed so that
they can receive the refunds on which they rely to make purchases and
pay bills and school tuition. These refunds, when spent by taxpayers,
contribute immensely to the national economy, creating and maintaining
countless jobs.
As a member of the House Appropriations Financial Services and
General Government Subcommittee, I urge my colleagues on both sides of
the aisle to support this legislation, which passed the Senate last
month on a bipartisan vote of 92-6.
Let's reopen these agencies and put the government back to work for
the people, for the American people.
Mr. GRAVES of Georgia. Mr. Speaker, let me just point out really
quickly that I hear the argument on the other side that passage of this
bill will reopen the government right now, today, and get it all
working again. Let me remind everyone, that will not happen. This is
not the bill that fully funds what is outstanding at this point. This
is one little component.
But I love the passion of my friend from Georgia. He and I worked
well together on the committee, and h has taught me much. One thing he
taught me was to fight for what is important, fight for those
priorities that are important, and one of his number one priorities is
omitted in this very bill that he is advocating for passage of.
Fight for your priorities, House Members. Republicans and Democrats
alike, fight for what you believe in and don't let go, because the
Senate passed something and it is easier.
Mr. Speaker, I yield 5 minutes to the gentleman from North Carolina
(Mr. McHenry), the ranking member of the Financial Services Committee,
a great champion for free markets and capitalism, and my good friend.
Mr. McHENRY. Mr. Speaker, this bill is plain and simple. It is a
political stunt. And this is a sad offering 1 week into a new majority.
These bills are dead on arrival, as the ranking member, my friend
Tom Graves, said, when they arrive in the Senate. The Senate majority
leader has already said this. It is dead on arrival. Nor will it be
signed into law by the President, who has already said he would veto
it.
Furthermore, these bills have been stripped of House priorities that
were in this bill reported out of Tom Graves' subcommittee last
Congress. And they are not going to accomplish our number one goal,
which is reopening the government and addressing the critical border
security needs of our country.
House Republicans did our job last year by sending this and several
other appropriations bills to the Senate that would have been signed
into law and ultimately avoided a shutdown if our friends across the
aisle had chosen substance over politics.
But this a greater point. What we should be focusing on, rather than
this shell bill that is a political stunt, is what is not in this bill.
Now, there are a couple things that we passed last Congress in a
bipartisan way that the incoming chair of the Financial Services
Committee and I, as ranking member on the Financial Services Committee,
both voted for.
We had the JOBS Act 3.0, which passed this House last Congress with
406 ``yes'' votes and 4 dissenting votes. Why is that not included in
this bill? It should be included in this bill. It is a high priority.
Why don't we see more bills helping those who are underbanked in this
country? Those who are living on the margins? Those who are on the
edge? Why can't we get them included? Why can't we have financial
inclusion as a part of this bill? It does not address them, nor does it
help people who live in rural communities who don't have a single bank
branch in their county.
So we have banking deserts in this country that separate people from
access to basic financial services products. We need to fix that
problem. The bill here before us doesn't address that issue either. Why
aren't we doing more to help small businesses find the capital that
they need?
Businesses are starved for additional risk capital so they can grow,
create jobs, help their community, raise wages. But instead of talking
about ways we can help people, this bill does none of that. It is a
political stunt. We should be focused on helping people and helping
those who are on the margins through financial inclusion.
Let's get back to the priorities that the American people sent us
here to take care of. Let's vote down this bill, and let's vote ``yes''
on something that can clear the Senate and get to the President's desk
and be signed into law.
I look forward to working with my colleagues across the aisle in a
constructive way in the coming months to do just that. But in the
meantime, this is just a second-week charade, not essential to what we
should be focused on here in the House of Representatives. We should be
less focused on political optics and more about the reality of how we
help everyday working Americans.
Mr. QUIGLEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from California (Ms. Waters), chairwoman of the Financial
Services Committee.
Ms. WATERS. Mr. Speaker, I look forward to working with my colleagues
on the opposite side of the aisle, but today I rise in support of H.R.
264, legislation that would reopen the Federal Government and put Wall
Street's cop on the beat, the Securities and Exchange Commission, back
to work.
This President has all but closed the door of the SEC, furloughing 94
percent of the agency and essentially providing fraudsters and schemers
with a free pass to swindle investors and small businesses. With such a
skeleton crew of less than 300 staff, the SEC cannot possibly oversee
the activities of over 26,000 registered entities, such as investment
advisers, broker dealers, and stock exchanges. Worse, the SEC is unable
to hold bad actors accountable through most enforcement actions,
preventing harmed investors from obtaining relief.
But the importance of the SEC goes beyond ensuring the rule of law.
Businesses that are looking to enter the public stock markets may have
to delay their initial public offerings because the SEC cannot approve
their documents. Businesses seeking guidance from the SEC are left in
legal limbo until the SEC can get back to work.
The Trump shutdown is jeopardizing the integrity of our financial
markets and the hard-earned savings of millions of Americans. So let's
end this Trump shutdown and open the government so that the SEC and
other agencies can get back to work on behalf of the public.
Mr. Speaker, I appreciate some of the comments that have been made
about the fact that we have been able to work together, both sides of
the aisle on the Financial Services Committee, working on such things
as the JOBS Act, but we can't do any of that. We cannot move. We cannot
get to work for the American people because this President not only has
shut down the government, but he took responsibility for
[[Page H335]]
it. He wanted everybody to know that he did it--that he not only did
it, but he is going to continue to do it until he can bend us to his
will and give him $5 billion-plus to put up a wall of some kind. We
don't even know what it is.
So I want to say to my friends on the opposite side of the aisle and
to Mr. McHenry, yes, we are going to be able to work together on a lot
of good legislation, but why don't you join with us and talk to the
President and tell him to open up government, that we cannot continue
to have the American people suffer in the way that they are doing, and
our financial services agencies are unable to do the job that the
people sent them here to do.
{time} 1445
Mr. GRAVES of Georgia. Mr. Speaker, I yield myself such time as I may
consume to make a few points.
Mr. Speaker, this bill has already been voted on. As I recall, last
week, the majority party put this on the floor, passed it out of the
House, and, guess what, the government is not open. This is not the
solution. So I don't get why we are here today doing this in such a
closed, lockdown process.
What is a solution, potentially, could be if the chairwoman's
bipartisan efforts from last year were given the opportunity to be
voted on today with a simple amendment. So what we are talking about,
maybe, is that 15 or 20 more minutes of our precious time today is too
much to ask to perfect Senate imperfections.
That is really what today's debate should be about. It is not about
this legislation. We have already voted on it--we voted on it last
week--and I think the minority voted ``no,'' the majority voted
``yes,'' and, guess what, the government is still not open. Why? There
is only one reason and one reason only: Democrats are unwilling to
negotiate with a President they just don't like.
Mr. Speaker, I yield 2 minutes to the gentleman from Arkansas (Mr.
Hill).
Mr. HILL of Arkansas. Mr. Speaker, I want to again add my
congratulations to the incoming chairwoman of the House Financial
Services Committee. I look forward to working with her and our
committee in the 116th Congress.
But like my friend from Georgia and my friend from North Carolina,
this bill is not a constructive effort today, Mr. Speaker. We voted on
this bill last week. The McConnell Senate is not going to take it up.
It is not going to produce our government reopening. It is not helping
the government get reopened to put people back to work doing the
people's work.
So this is really a waste of our time to be on the floor today. We
should be putting that emphasis on a bipartisan effort to get
Democratic leadership in the House and Senate working with the
President on a solution to a comprehensive border security plan and
reopen this government.
I want to also thank my friend for letting me talk about the
insufficiency of the Senate bill, as it does not contain our bipartisan
provisions, 20 provisions this House approved, that we worked on on a
bipartisan basis, that will improve access to capital across this
country for small businesses, for our capital markets, and will lower
the cost and make more transparent home buying.
Two things in particular I worked on with my friend, Bill Foster,
from Illinois. The Volcker Rule Regulatory Harmonization Act, which we
passed in this House, was not included in the Senate provision; and a
provision to make insurance disclosures more transparent and more
accurate for consumers for home mortgages, which was also passed,
strongly bipartisan, by our committee and by this House was originally
in our proposal, and it is not in the Senate bill, Mr. Speaker.
Therefore, let's say to the American people, the bill we have on the
floor today is not going to result in the government reopening; it is
not going to be voted on in the Senate; it is not going to be approved
by President Trump; and it is deficient. It does not include the
bipartisan priorities in financial services ably included in the House
version by Mr. Graves.
Mr. Speaker, I thank Mr. Graves for his leadership.
Mr. QUIGLEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
New York (Ms. Velazquez), the chairwoman of the Small Business
Committee.
Ms. VELAZQUEZ. Mr. Speaker, I thank the chairman of the subcommittee
for yielding.
Mr. Speaker, we are now 18 days into the Trump shutdown, and
America's small businesses are feeling the strain. Each day that this
political stunt continues, entrepreneurs lose out on nearly $90 million
in affordable capital through the Small Business Administration's 7(a)
lending program alone. That is 192 small firms per day going without
the resources they need to grow and create new jobs.
As chairwoman of the Small Business Committee, I am deeply concerned
that President Trump is holding America's small business sector hostage
as he demands funding for a cruel and ineffective border wall. Contrary
to the President's remarks, this shutdown isn't just hurting workers
who collect a paycheck in blue States; its impacts are being felt on
Main Street across this country.
For 3 weeks now, the SBA--the only Federal agency dedicated to our
Nation's entrepreneurs--has ceased its core operations. Make no mistake
about it: This puts hundreds of millions of dollars out of reach for
millions of small businesses who seek to utilize these services. For
small firms operating in the Federal marketplace, the shutdown could
cause them to sacrifice nearly 7,000 contracts worth over $300 million
each day.
Unfortunately, the consequences don't end there. For countless small
businesses--from those surrounding our national parks to small grocers
who accept SNAP--a lack of customers is leading to lost revenues, and
the bills are adding up.
Let us also not forget what happened to our economy after Republicans
shut down the government in 2013: small business hiring and consumer
confidence fell; the IRS was unable to provide taxpayer assistance; and
our economy lost billions because of disrupted government spending.
But what this shutdown really comes down to is a President who, time
and again, has sought to divide us by labeling immigrants as the enemy.
I am here to tell you that welcoming immigrants is not just a founding
principle of this Nation, it is good economic policy.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. QUIGLEY. Mr. Speaker, I yield an additional 10 seconds to the
gentlewoman from New York.
Ms. VELAZQUEZ. Immigrants are among America's most successful
entrepreneurs, starting about a quarter of all new businesses. And
Dreamers, whose future our President continues to jeopardize, start
businesses at rates higher than the overall public. Instead of talking
about building walls, let's put America's entrepreneurial sector back
to work.
Mr. GRAVES of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, largely, in this debate, you are hearing two different
elements. You are hearing a little bit of a policy argument on the
Democratic side, the other side of the aisle, and from our side you are
hearing a process argument. I think this is really important.
We, in essence, are in the third day of the 116th Congress and
shutting the process down, 435 Members' voices being silenced.
Extrapolate that across 800,000 constituents we each represent. Those
are the voices that are being silenced here today in the name of
expediency, in the name of political stunts, in the name of finger-
pointing, but without really any resolve or desire to bring a fruitful,
positive conclusion to what is a very difficult and painful time that
we are in right now. I agree with that.
I think about over the holidays, and it is interesting how the other
side is pointing fingers at the President here and there, but the
President was here. He was in Washington, D.C. He was waiting for the
other side to come and have a discussion and talk about these tough
issues together, to work through them. Where were they? If I recall,
maybe the incoming Speaker-elect might have been in Hawaii. Other
Members were on vacations with their families.
While families of these agencies were struggling and wondering about
their next day, their Christmas, and their next paycheck, the
leadership of the Democratic Party was on vacation while the President
was here saying: I am here. The door is open. Let's talk.
[[Page H336]]
I think he still extends that invitation, and I hope they take us up
on that.
Mr. Speaker, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Florida (Mr. Crist), my distinguished colleague.
Mr. CRIST. Mr. Speaker, I thank the chairman for yielding me time.
Mr. Speaker, for 19 days, critical financial agencies which serve the
people have been closed. Taxpayer assistance has stopped; the people's
refunds are at risk of serious delay; small business support is
suspended; and consumer protection work has been halted. People are
hurting. It is a self-inflicted wound.
But today, we have the opportunity to reopen these critical agencies
for the people. The solution is simple: vote ``yes'' on this
legislation; put people above politics; and reopen our government
today.
Mr. GRAVES of Georgia. Mr. Speaker, I continue to reserve the balance
of my time.
Mr. QUIGLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Garcia), my distinguished colleague, and the cradle of
leadership on the Cook County board.
Mr. GARCIA of Illinois. Mr. Speaker, I thank Mr. Quigley for
yielding.
Mr. Speaker, the Trump shutdown is harmful and irresponsible.
On the first day of this new Congress, House Democrats sent
legislation to open up the government. I supported it, and I will
continue to support this legislation to open up parts of the government
immediately.
Each day the Republican shutdown continues, hardworking Americans and
families suffer. Right now, the IRS is operating with only 12 percent
of its workforce, threatening the agency's ability to process and
disburse tax refunds in a timely manner.
That is why today I am sending a letter to President Trump with the
support of my colleague, Representative Lloyd Doggett of Texas, and
over 50 Members of Congress, urging him to end the shutdown and warning
him of the effects that that shutdown is having on families.
Just yesterday, The Washington Post noted that students reliant on
Federal financial aid for college are facing trouble providing the
Department of Education verification of their income because of
furloughs at the IRS. I represent many immigrant and working-class
families who rely on their annual tax refund to feed their families,
pay for their children's education, and buy their gas to get to work.
Mr. Speaker, families are suffering, and I urge my colleagues to
support this legislation and reopen the government.
Mr. GRAVES of Georgia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, if you think about the overarching discussion and issue
and where the division is, it is really about the fundamental question
of border security.
Some don't like the term, ``the wall.'' I would hope, maybe, that we
are all for securing our country. Maybe it is just terminology that
separates us oftentimes, but through this time of thinking about the
words we are choosing, lives are being altered; they are being
impacted.
Individuals are losing their lives because of illegal activity that
occurs through our porous border, and it is just, in many cases,
because of insufficient funds while we have this debate about words and
terminology: What is a fence? or a wall? or a barrier? or technology?
It doesn't really matter what terms we use when lives are being altered
daily while we squabble, just squabble, over a few terms.
It is amazing how the other side says that they can't support this,
they just can't support funding for the wall. What they are saying,
really, is that they can't support this President because they don't
like him.
But, in fact, on two different occasions, within the last 18 or 19
months, the new majority party did vote for wall funding. They voted
for border security. It was $1.6 billion on two separate occasions.
Both times have been signed into law by this same President.
I wonder: Why is it too much to ask to just put in a different
number, a little bit more? Is our country not worth just a little bit
more? Is a life not worth just a little bit more when national experts
say it is necessary? Or are political differences going to stand in the
way of that?
I hope today we can break through that.
Mr. Speaker, I reserve the balance of my time.
Mr. QUIGLEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Massachusetts (Mr. Neal), the distinguished chairman of the Ways and
Means Committee.
{time} 1500
Mr. NEAL. Mr. Speaker, I thank Mr. Quigley for yielding me the time.
Mr. Speaker, I stand in support of H.R. 264. This bill appropriates
desperately needed funds for the Treasury Department and the Internal
Revenue Service.
As the shutdown persists, the financial and emotional drain on
employees and taxpayers continues. There are tens of thousands of
furloughed Treasury employees who want to work and proudly would do so,
but they cannot. They also cannot pay bills, cannot afford medical
care, and, like us, cannot understand any of this. Every day that
passes and every minute the shutdown continues it is too long and too
costly. Reopen the government and begin to negotiate.
I spoke to the Treasury Secretary yesterday, along with the IRS
Commissioner as well, regarding the impact of the partial shutdown on
the IRS and the tax-filing season. I was informed that the IRS will
release its contingency plan for the tax-filing season in the next few
hours, or, certainly, within the next day and issuing refunds in coming
days, apparently, an effort will be made to reach that goal, but it
will also require a significant number of IRS employees to return to
work without pay.
These developments are no substitute for fully funding the government
and reopening the agency. Reminder: The average refund is just under
$3,000. That helps out a lot of middle-class individuals who will use
it to pay down Christmas debt, perhaps. They depend upon that as part
of regular cash flow.
Mr. Speaker, we do not know the full damage and cost of the shutdown,
but we knew going into it that somebody was going to get hurt. So we
should end it today before any more damage is done.
If a taxpayer calls the IRS right now for assistance, they will hear
the following: ``Live telephone assistance is not available at this
time. Normal operations will resume as soon as possible.'' But they are
expected to go into work as well to help process those tax forms.
The time is now to reopen the government, and as I noted, negotiate.
The time has come for our colleagues on both sides to stand up and
vote ``yes'' and fully reopen these agencies.
Mr. GRAVES of Georgia. Mr. Speaker, I am glad we are reaching a
conclusion on this, because we just went through this last week, might
I remind you. Same stuff, same legislation, voted on, passed out of the
House and guess what? The government is still not open and operating.
So are we really trying to get to a workable solution here by the new
majority or just drive another wedge in our country?
This passage today, if it were to occur, will not change anything. It
will only drive us a little further apart and will not reopen the
government. Let's not kid anyone. Let's make sure those sound bites
don't get out there and that the headlines aren't that, because that is
truly not what is going to happen at all.
What is happening today is an example of abdicating our
responsibilities as duly elected Members of the House of
Representatives in the name of expediency and political tactics. That
is what is happening here today. It is really what that vote is today.
A ``yes'' vote is an affirmation that I am for the expediency of
doing away with responsibilities because it is easy and it is
politically advantageous. A ``no'' vote is saying I am going to stand
up for the voices of this House. I am going to stand up for the
constituencies that we represent. I am going to stand up for the
priorities of this House and wait and fight for a better process.
This process is amazing. Actually, it is reckless, to be honest with
you, Mr. Speaker. I mean, are we going to be a bicameral system
anymore? Is this an
[[Page H337]]
example of what we should see and is this a forecast of the days ahead
that there will be no debate in a committee?
A bill is introduced--and you watched the cartoons growing up and it
seemed like it was a simple process: a person has a nice idea; they
write it down on a piece of paper and they turn it in; and people look
at it and perfect it a little bit; and all of a sudden, you build
support for something across the aisle and across the different
coalitions; and then you get to share it and advocate for it; and then
it goes to the other body.
Then they get a choice. Do they want to make changes to it, and such,
and input it through a committee. That is not how it is happening
today. This is the new majority, a very closed, very dark process in
which not even Democrat Members--if I were one of the 60 new Members
elected on the other side, I would be throwing my hands up in the air
right now saying, wait a minute. I did all that work for this, for you
to tell me what I must vote on? And I have a binary choice, yes or no?
That is the only choice I get?
Mr. Speaker, I feel for the new incoming Members. This is not what it
was supposed to be like for them. I don't think it is what you
recruited them for, as well. It is a sacrifice, really. It is
sacrificing all of our priorities that we have as a House, all for a
process because there are folks who just don't like this President.
Mr. Speaker, I have been in that position before too. In fact, I
remember Barack Obama when he was President. I disagreed with him as a
President. I didn't want him to fail though because it meant our
country was failing. I disagreed with him on policy, and I would share
that, and advocate, but I would try to influence as well.
I don't see any ability here or ideas of influencing outcomes, but I
will close with this, Mr. Speaker, because I want to share with you
some words that have been heard around this town and on the Hill in
recent days and months. These are quotes.
``Members today seem to have a better chance today of getting struck
by lightning than getting their amendments made in order. They come
here with real ideas and germane amendments, only to be told `no,'
again, and again, and again.''
Next quote: ``We shouldn't be stifling debate.''
Next quote: ``I do think we will find a lot of agreement on some
pretty commonsense ideas, but we need a more accommodating process,
though. We need to follow regular order and the House needs to actually
debate again.'' That was in September.
Also in September: ``I feel like we are living in an authoritarian
regime,'' heard on the Hill here.
``It is like this majority is allergic to an open process.''
And then, lastly: ``With each new closed rule they bring to the
floor, shutting out amendments from both Democrats and Republicans, the
cynical hypocrisy grows louder and louder. Instead of the people's
House, this has, sadly, become only the people who agree,'' at that
time, ``with Paul Ryan's House.''
Might I share the author of these quotes? It would be the chairman of
the Rules Committee today, Chairman McGovern. Those are his words, and
he is absolutely right, but he was forecasting today in this moment.
Mr. Speaker, this is a sad time in the House of Representatives. Very
sad. I agree with Mr. McGovern. He is absolutely right, and it is at
this moment today in which it has been proven to be true.
Mr. Speaker, I yield back the balance of my time.
Mr. QUIGLEY. Mr. Speaker, I yield myself such time as I may consume.
It is interesting to hear a discourse on functioning government as we
look back at 2018 when my colleagues across the aisle operated under
103 closed rules. Circumstances today are of an exigent manner. The
government is not functioning. Lives are at risk. The time for
leadership, the time to not stymie ideas, and the time for functioning
government is apparently gone. So we must act and we must act quickly.
If we are talking history, let's go a little further back. In the
history of the United States, when one party was in control of the
White House, the Senate, and the House of Representatives, there has
never been a shutdown until this administration.
So today, when all of those opportunities are passed, we now hear
that it is somehow a shame that government isn't allowed to function.
The government isn't functioning. It has to be open. Then we can begin
operating under open bills and in a manner in which everyone would like
to see on a bipartisan basis.
But right now, there is real danger out there for the American
public. So we are now into the 19th day under this President's
shutdown, the second longest shutdown in the Nation's history and
already the third one under this administration.
Mr. Speaker, we are here to govern. We are here not to play games.
Let's do our job for the American people. Let's support this bill, and
I yield back the balance of my time.
Ms. LEE of California. Mr. Speaker, first, I want to thank Chairman
Quigley for his leadership in putting this bill together so that
federal workers can get back to work.
Mr. Speaker, I rise in strong support of the FY 2019 Financial
Services Appropriations Bill, which provides more than $23 billion to
partially re-open the government.
This important bill would reopen the Internal Revenue Service (IRS)--
ensuring hardworking families receive their tax returns on time. It
would also help to restart the taxpayer assistance centers, which serve
approximately 2.5 million citizens monthly.
This shutdown is affecting real lives, Mr. Speaker. Real people.
According to the Washington Post, IRS furloughed employee Krystle
Kirkpatrick, said she and her family of four can scrape along on her
partner's machinist salary for a while, but she's already thinking
about signing up to be a plasma donor to earn extra cash. That's only
an extra $200.
Let me reiterate. A federal employee is considering becoming a plasma
donor--because her paycheck, from her federal government job, won't be
coming in the mail.
This is no way to run a country.
Mr. Speaker, the Trump shutdown is hurting real families and it's
hurting our economy. Let's pass this bill. Let's get the government
back open and get workers their paychecks.
I urge my colleagues to vote yes on the Financial Services Bill.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 28, the previous question is ordered on
the bill.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was
read the third time.
Motion to Recommit
Mr. GRAVES of Georgia. Mr. Speaker, I have a motion to recommit at
the desk.
The SPEAKER pro tempore. Is the gentleman opposed to the bill?
Mr. GRAVES of Georgia. I am opposed to it in its current form.
The SPEAKER pro tempore. The Clerk will report the motion to
recommit.
The Clerk read as follows:
Mr. Graves of Georgia moves to recommit the bill H.R. 264
to the Committee on Appropriations with instructions to
report the same back to the House forthwith with the
following amendment:
Page 4, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 71, line 4, after the dollar amount, insert
``(decreased by $2,000,000)''.
Page 74, line 22, after the dollar amount, insert
``(decreased by $2,000,000)''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Georgia is recognized for 5 minutes in support of his motion.
Mr. GRAVES of Georgia. Mr. Speaker, this motion seeks to address one
of the many important shortfalls in the Senate bill, and I know there
are many, and we can only address one or two, or an exception here in
this moment of a motion to recommit.
I wish the Rules Committee would have allowed for--we have had this
debate already today--allowed for Members of both parties to offer
their ideas to insert better concepts and to make perfection out of
something that is certainly not a perfect product coming from the
Senate.
I think the American people, through their elected Representatives of
this body, deserve that opportunity as well to amend and improve this
legislation, but the new Democratic majority has certainly shut down
this legislative process.
I just read quotes from the current chairman of the Rules Committee
and his disgust with that very same concept or process from months ago,
and,
[[Page H338]]
yet, it is being imposed upon us today. This is our only opportunity to
improve the bill, and as meager as this might be, this is important.
This motion is really simple. It just adds $2 million to the Treasury
Department's Office of Terrorism and Financial Intelligence, which
would match the House past levels that we passed last year of $161
million.
This important office is fighting on the front lines to enforce
economic sanctions against rogue nations like Iran, North Korea, and
Russia. Mr. Speaker, you and I agree on how important that is, and they
must have the resources necessary.
The Countering America's Adversaries Through Sanctions Act which
created this office, passed this House in 2017 by a vote of 419 yeses
to just 3 noes. So it was very bipartisan. That is about as good as it
gets around here. And it passed the Senate 98-2--another great mark as
well--and President Trump signed it into law. It is an amazing needle
to thread all through there that we had great bipartisan support here
in the House, the Senate, and the President signing this into law.
This is overwhelmingly bipartisan, Mr. Speaker, and it brings the
full force of our Nation's sanctions against countries that seek to do
us harm. This is something we should support.
It is so important that OMB Director Mick Mulvaney sent us a budget
amendment requesting more funds to stand up this office. And that is
not a request we often get from Mr. Mulvaney to increase spending
anywhere. But, yet, he did that.
And you know the former Director himself, as he served here, he
doesn't like to spend a penny more than needed, so this is certainly a
very important priority.
The Treasury has also made a strong case that to comply with the
Countering America's Adversaries Through Sanctions Act, the Department
needs these funds. So as we debate about the importance of the moment
and where we are in time, I could see nothing more important for us to
focus on than to put an additional $2 million into this program and
offset it, as has been described in the amendment from the GSA's rental
payments.
I hope every Member can support this commonsense improvement. We are
just improving on the Senate bill. Mr. Speaker, I ask for a ``yes''
vote on the motion to recommit, and I yield back the balance of my
time.
Mr. QUIGLEY. Mr. Speaker, I rise in opposition to the motion to
recommit.
The SPEAKER pro tempore. The gentleman from Illinois is recognized
for 5 minutes.
Mr. QUIGLEY. Mr. Speaker, responsibly funding the Federal Government
is one of the most important duties of Congress. The previous majority
failed to do the most basic task of keeping the lights on.
{time} 1515
On day 19 of the 116th Congress, we Democrats are here to reopen
Federal agencies shuttered by the President's shutdown.
This legislation, which has already garnered strong bipartisan
support in the Senate, will ensure that the Federal Government is open
and working for the American people.
Now, as to perfection, it is not perfect. I have not been here for a
perfect piece of legislation. What is critical to take from that
argument, though, is the fact that any one of us can argue that there
isn't some measure absolutely critical to them and they are not going
to vote for it because of that.
Respectfully, someone has to be the adult in the room and get things
done. Someone has to respect the process, the importance of what the
government does, and the needs of the American people. You can't kick
the ball in the forest preserve and go home. You have to move forward.
This is the way to operate, the manner in which the Senate has
already done, a manner in which we can accomplish and move forward
together to try to get this better, hopefully, next year.
Mr. Speaker, I yield to the gentleman from Virginia (Mr. Connolly).
Mr. CONNOLLY. Mr. Speaker, I thank my friend from Illinois.
Mr. Speaker, I rise in opposition to the motion to recommit because I
think it is important we remember President Trump has always wanted a
shutdown. He boasted a year and a half ago that what the government
needs is a good government shutdown. There is no such thing, as we now
know.
On December 11--not ancient history--he sat in the Oval Office,
getting red in the face, shouting: ``I will be the one to shut it
down.''
He then followed through on that promise by torpedoing a government
funding agreement that passed the Senate with unanimous support.
Once again, Federal employees and Federal contracts were being held
hostage by this President, all because of a broken campaign promise. He
said Mexico was going to pay for his wall. Now he needs a bailout from
the American taxpayer. Fortunately, the new Democratic majority in this
House is going to stand up to this President and has offered a sensible
plan to fund the government.
The bill that passed in the Senate is part of a four-bill package
and, by a vote of 92-6, provides a 1.9 percent badly needed pay
increase for all Federal employees and guarantees backpay to the
Federal employees furloughed during this unnecessary Trump shutdown.
I support the underlying bill because we can and should end this
Trump shutdown now.
Mr. QUIGLEY. Mr. Speaker, I simply encourage my colleagues to vote
``no,'' and I yield back the balance of my time.
The SPEAKER pro tempore. Without objection, the previous question is
ordered on the motion to recommit.
There was no objection.
The SPEAKER pro tempore. The question is on the motion to recommit.
The question was taken; and the Speaker pro tempore announced that
the noes appeared to have it.
Mr. GRAVES of Georgia. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this question will be postponed.
____________________