H.R.6147 - Interior, Environment, Financial Services and General Government, Agriculture, Rural Development, Food and Drug Administration, and Transportation, Housing and Urban Development Appropriations Act, 2019115th Congress (2017-2018) |
|Sponsor:||Rep. Calvert, Ken [R-CA-42] (Introduced 06/19/2018)|
|Committees:||House - Appropriations|
|Committee Reports:||H. Rept. 115-765|
|Latest Action:||Senate - 09/07/2018 Message on Senate action sent to the House. (All Actions)|
|Roll Call Votes:||There have been 39 roll call votes|
This bill has the status Resolving Differences
Here are the steps for Status of Legislation:
- Passed House
- Passed Senate
- Resolving Differences
- To President
- Became Law
Summary: H.R.6147 — 115th Congress (2017-2018)All Information (Except Text)
Passed House amended (07/19/2018)
This bill provides FY2019 appropriations for several federal departments and agencies. It includes 2 of the 12 regular FY2019 appropriations bills:
- the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019; and
- the Financial Services and General Government Appropriations Act, 2019.
The departments and agencies funded in the bill include:
- the Department of the Interior;
- the Environmental Protection Agency;
- the Forest Service;
- the Department of the Treasury;
- the judiciary;
- the Executive Office of the President;
- Washington, DC; and
- several related and independent agencies.
The bill also includes authorizing legislation that:
- modifies various financial services laws and policies;
- modifies privacy laws regarding disclosures of electronic communications and related records stored or maintained by service providers; and
- requires the Federal Communications Commission to amend station antenna structure regulations to prohibit certain private land use restrictions from applying to amateur radio stations.
Interior, Environment, Financial Services, and General Government Appropriations Act, 2019
DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019
This division provides FY2019 appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies.
The division provides annual appropriations for most of the Department of the Interior, including:
- the Bureau of Land Management,
- the U.S. Fish and Wildlife Service,
- the National Park Service,
- the U.S. Geological Survey,
- the Bureau of Ocean Energy Management,
- the Bureau of Safety and Environmental Enforcement,
- the Office of Surface Mining Reclamation and Enforcement,
- the Payment in Lieu of Taxes (PILT) program,
- the Bureau of Indian Affairs, and
- the Bureau of Indian Education.
Related agencies funded in the division include:
- the Department of Agriculture's Forest Service,
- the Department of Health and Human Service's Indian Health Service (IHS),
- the Smithsonian Institution,
- the National Endowment for the Arts, and
- the National Endowment for the Humanities.
TITLE I--DEPARTMENT OF THE INTERIOR
Provides appropriations to the Bureau of Land Management (BLM) for:
- Management of Lands and Resources;
- Land Acquisition;
- Oregon and California Grant Lands;
- Range Improvements;
- Service Charges, Deposits, and Forfeitures; and
- Miscellaneous Trust Funds.
Prohibits appropriations provided by this division from being used for the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors or for the sale of wild horses and burros that results in their destruction for processing into commercial products.
Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:
- Resource Management,
- Land Acquisition,
- the Cooperative Endangered Species Conservation Fund,
- the National Wildlife Refuge Fund,
- the North American Wetlands Conservation Fund,
- Neotropical Migratory Bird Conservation,
- the Multinational Species Conservation Fund, and
- State and Tribal Wildlife Grants.
Provides appropriations to the National Park Service (NPS) for:
- Operation of the National Park System,
- National Recreation and Preservation,
- the Historic Preservation Fund,
- Land Acquisition and State Assistance, and
- the Centennial Challenge.
Allows certain franchise fees to be available for expenditure without further appropriation for use at any unit within the NPS to extinguish or reduce liability for a possessory interest or leasehold surrender interest.
Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.
Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.
Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.
Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.
Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.
Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.
Provides appropriations to the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) for:
- Operation of Indian Programs,
- Contract Support Costs,
- Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
- the Indian Guaranteed Loan Program Account.
Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.
Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.
Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.
Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.
Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.
Specifies the distribution of indirect and administrative costs to certain tribes.
Rescinds specified unobligated balances of appropriations provided to the BIA and the BIE before FY2014.
Provides appropriations for Departmental Offices, including:
- the Office of the Secretary,
- Insular Affairs,
- the Office of the Solicitor,
- the Office of Inspector General, and
- the Office of the Special Trustee for American Indians.
Provides appropriations for Department-Wide Programs, including:
- Wildland Fire Management,
- the Central Hazardous Materials Fund,
- the Natural Resources Damage Assessment Fund,
- the Working Capital Fund,
- the Office of Natural Resources Revenue, and
- Payments in Lieu of Taxes (PILT).
(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.
(Sec. 102) Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.
(Sec. 103) Permits Interior to use appropriations provided in this title for:
- employing temporary or intermittent experts and consultants;
- purchasing and replacing motor vehicles;
- hiring, maintenance, and operation of aircraft;
- hiring of passenger motor vehicles;
- purchasing reprints;
- telephone services in private residences in the field; and
- certain library memberships.
(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.
(Sec. 105) Permits Interior to redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies. Specifies that no tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2019, except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.
(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.
(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.
(Sec. 108) Permits Interior to transfer funds to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.
(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofit organizations and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.
(Sec. 110) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.
(Sec. 111) Amends the Consolidated Appropriations Act, 2012 to make permanent the requirement that a person exhaust administrative hearings and appeal procedures prior to bringing a civil action challenging BLM decisions concerning grazing on public lands.
(Sec. 112) Permits the BIA and the BIE, in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.
(Sec. 113) Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro. Prohibits any agency receiving the animals from: (1) destroying, selling, or otherwise transferring them in a way that results in their destruction for processing into commercial products; or (2) euthanizing the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age.
(Sec. 114) Permits Interior to make grants to, or enter into cooperative agreements with, certain nonprofit organizations to use the talents of older Americans in Interior programs under the Department of the Interior Experienced Services Program. Specifies requirements for the agreements.
(Sec. 115) Prohibits funds from being used to write or issue certain rules for the sage-grouse pursuant to the Endangered Species Act of 1973 (ESA).
(Sec. 116) Exempts from judicial review a USFWS rule that reinstates the removal of federal protections under the ESA for the gray wolf in Wyoming.
Requires the USFWS to reissue a rule titled "Endangered and Threatened Wildlife and Plants; Revising the Listing of the Gray Wolf (Canis lupus) in the Western Great Lakes" that revised the 1978 ESA listing of the Minnesota population of gray wolves. Exempts the reissuance from judicial review.
(Sec. 117) Requires the USFWS to issue a rule to remove the gray wolf in each of the 48 contiguous states and Washington, DC from the List of Endangered and Threatened Wildlife. Specifies that the reissuance shall not: (1) be subject to judicial review, or (2) affect the inclusion of the Mexican gray wolf on the list.
(Sec. 118) Prohibits funds from being used to enforce provisions under current law that prohibit setting up or continuing a distillery in Indian country for manufacturing ardent spirits (distilled liquors).
(Sec. 119) Amends the Consolidated Appropriations Act, 2014 to extend through FY2024 the authority of Interior to accept public and private contributions of money and services to support the orderly development and exploration of Outer Continental Shelf resources.
(Sec. 120) Prohibits funds provided by this division from being used to list the Trestles Historic District in San Diego County, California, on the National Register of Historic Places or to make a determination of eligibility with respect to the listing.
(Sec. 121) Retitles the "Indiana Dunes National Lakeshore" as the "Indiana Dunes National Park." Redesignates "the Miller-Woods Trail" that is located within the park as the "Paul H. Douglas Trail."
(Sec. 122) Prohibits funds from being used to require the transfer of water rights as a condition for approving certain permits or other agreements.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Provides appropriations to the Environmental Protection Agency (EPA) for:
- Science and Technology,
- Environmental Programs and Management,
- the Office of Inspector General,
- Buildings and Facilities,
- Hazardous Substance Superfund,
- the Leaking Underground Storage Tank Trust Fund Program,
- Inland Oil Spill Programs,
- State and Tribal Assistance Grants, and
- the Water Infrastructure Finance and Innovation Program Account.
Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.
Authorizes the EPA to collect and spend pesticide registration service fees.
Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.
Authorizes the EPA to collect and spend fees in accordance with specified provisions of: (1) the Toxic Substances Control Act, and (2) the Solid Waste Disposal Act.
Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.
Permits the EPA to use funds to make grants to Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).
Rescinds specified funds from the State and Tribal Assistance Grants account.
Requires specified funds for the National Estuary Program to be used for certain competitive grants.
Prohibits the EPA from using funds provided by this title to spend more than $50 to purchase any individual fountain pen.
TITLE III--RELATED AGENCIES
Provides appropriations to the Department of Agriculture (USDA) for the Office of the Under Secretary for Natural Resources and Environment.
Provides appropriations to USDA for the Forest Service, including for:
- Forest and Rangeland Research;
- State and Private Forestry;
- the National Forest System;
- Capital Improvement and Maintenance;
- Land Acquisition;
- the Range Betterment Fund;
- Gifts, Donations, and Bequests for Forest and Rangeland Research;
- Management of National Forest Lands for Subsistence Uses; and
- Wildland Fire Management.
Permits Forest Service appropriations to be used for:
- the purchase and use of motor vehicles and aircraft;
- employment of temporary or intermittent personnel;
- purchase, erection, and alteration of buildings and other public improvements;
- acquisition of land and waters;
- expenses pursuant to the Volunteers in the National Forest Act of 1972;
- uniforms; and
- debt collection contracts.
Specifies authorities and requirements for transferring funds to or from the Wildland Fire Management account.
Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.
Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.
Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.
Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division.
Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).
Permits specified funds to be used for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993.
Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.
Permits specified funds to be used to provide matching funds to aid conservation projects of the National Forest Foundation.
Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.
Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.
Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.
Prohibits the Forest Service from assessing funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.
Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.
Permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.
Requires the Forest Service to provide quarterly reports to Congress regarding unobligated balances.
Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:
- Indian Health Services,
- Contract Support Costs, and
- Indian Health Facilities.
Provides appropriations to HHS for: (1) the National Institutes of Health for the National Institute of Environmental Health Sciences, and (2) the Agency for Toxic Substances and Disease Registry.
Provides appropriations to Other Related Agencies, including:
- the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality;
- the Chemical Safety and Hazard Investigation Board;
- the Office of Navajo and Hopi Indian Relocation;
- the Institute of American Indian and Alaska Native Culture and Arts Development;
- the Smithsonian Institution;
- the National Gallery of Art;
- the John F. Kennedy Center for the Performing Arts;
- the Woodrow Wilson International Center for Scholars;
- the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities;
- the Commission of Fine Arts;
- the Advisory Council on Historic Preservation;
- the National Capital Planning Commission;
- the United States Holocaust Memorial Museum;
- the Dwight D. Eisenhower Memorial Commission;
- the Women's Suffrage Centennial Commission; and
- the World War I Centennial Commission.
TITLE IV--GENERAL PROVISIONS
(Sec. 401) Prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress, other than to communicate with Congress as permitted under current law.
(Sec. 402) Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.
(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.
(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions.
Requires Interior to report to Congress regarding actions taken by the department under the plan submitted regarding a processing schedule for certain applications for patents that were filed on or before September 30, 1994.
Requires Interior, upon the request of a patent applicant, to allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. Specifies that the BLM is responsible for selecting and paying the third-party contractor.
(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.
(Sec. 406) Limits the use of FY2019 funds for contract support costs on Indian contracts.
(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.
(Sec. 408) Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument, as the boundary existed on January 20, 2001. Includes an exception for activities allowed under the Presidential proclamation establishing the monument.
(Sec. 409) Restricts land acquisition funds provided by this division from being used for the filing of declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.
(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.
(Sec. 411) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.
(Sec. 412) Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Specifies that the requirement does not apply if: (1) the public posting of the report comprises national security, or (2) the report contains proprietary information.
(Sec. 413) Establishes grant guidelines for the NEA.
(Sec. 414) Establishes priorities for programs administered by the NEA.
(Sec. 415) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.
(Sec. 416) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.
(Sec. 417) Prohibits funds from being used to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.
(Sec. 418) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.
(Sec. 419) Amends the Consolidated Appropriations Act, 2012 to extend a provision that permits USDA and Interior, in awarding contracts for certain activities on public lands, to give consideration to certain local contractors who provide employment and training for dislocated and displaced workers in an economically disadvantaged rural community.
(Sec. 420) Amends the Chesapeake Bay Initiative Act of 1998 to extend the authorization for the Chesapeake Bay Initiative.
(Sec. 421) Extends the authority of the Forest Service to renew certain grazing permits.
(Sec. 422) Prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.
(Sec. 423) Amends the Forest Service Facility Realignment and Enhancement Act of 2005 to extend the authority for conveyances of certain Forest Service administrative sites.
(Sec. 424) Prohibits any funds made available by a state water pollution control revolving fund authorized by the Safe Drinking Water Act from being used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States, subject to specified exceptions and waiver procedures.
(Sec. 425) Prohibits funds provided by this division from being used to destroy any buildings or structures on Midway Island that have been recommended by the U.S Navy for inclusion in the National Register of Historic Places.
(Sec. 426) Amends the John F. Kennedy Center Act to authorize FY2019 appropriations for the John F. Kennedy Center for the Performing Arts.
(Sec. 427) Authorizes Interior to: (1) enter into grants and cooperative agreements with volunteer fire departments, rural fire departments, rangeland fire protection associations, and similar organizations to provide for wildland fire training and equipment, including supplies and communication devices; and (2) transfer title to excess Interior firefighting equipment to the organizations.
(Sec. 428) Amends the Federal Lands Recreation Enhancement Act to extend the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.
(Sec. 429) Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the EPA to jointly ensure that federal policy relating to forest bioenergy: (1) is consistent across all department and agencies, and (2) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management.
Requires DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that:
- reflect the carbon-neutrality of forest bioenergy and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does not cause conversion of forests to non-forest use;
- encourage private investment throughout the forest biomass supply chain;
- encourage forest management to improve forest health; and
- recognize state initiatives to produce and use forest biomass.
(Sec. 430) Prohibits the EPA from using funds to require a permit under the Clean Water Act for the discharge of dredged or fill material for certain agriculture activities.
(Sec. 431) Repeals the rule titled "Clean Water Rule: 'Definition of Waters of the United States'" (also known as the Waters of the United States rule), which was issued by the Environmental Protection Agency and the Army Corps of Engineers to define the scope of waters protected and regulated under the Clean Water Act.
(Sec. 432) Prohibits the EPA from using funds provided by this division to issue any regulation under the Solid Waste Disposal Act that applies to an animal feeding operation, including a concentrated animal feeding operation and a large concentrated animal feeding operation.
(Sec. 433) Prohibits funds from being used to prohibit the use of or access to certain federal land for hunting, fishing, or recreational shooting except for public safety reasons.
(Sec. 434) Requires Interior and USDA to make vacant grazing allotments available to holders of grazing permits or leases if lands covered by the permits or leases or other grazing lands used by the holder are unusable because of drought or wildfire.
(Sec. 435) Provides additional appropriations for:
- Hazardous Substance Superfund;
- State and Tribal Assistance Grants, including the Clean Water State Revolving Funds and the Drinking Water State Revolving Funds; and
- Water Infrastructure Finance and Innovation Program Account.
(Sec. 436) Provides USDA with direct hire authority for certain Forest Service resource assistants.
(Sec. 437) Exempts the Final Environmental Impact Report/Final Environmental Impact Statement for the Bay Delta Conservation Plan/California Water Fix and any resulting agency decision, record of decision, or similar determination from judicial review under federal or state law.
(Sec. 438) Prohibits funds provided by this division from being used for the transplantation or introduction of grizzly bears into the North Cascades Ecosystem.
(Sec. 439) Permits Interior to manage any group of wild horses or burros as a nonreproducing or single-sex herd, in whole or in part, including through chemical or surgical sterilization.
(Sec. 440) Prohibits funds provided by this division from be used for a Marbled Murrelet Long Term Conservation Strategy for the 1997 Washington State Trust Lands Habitat Conservation Plan that sets aside certain additional forested acres as a habitat for the marbled murrelet seabird.
(Sec. 441) Exempts certain California water infrastructure projects from judicial review.
(Sec. 442) Modifies the requirements for distributing certain receipts from oil and gas production on federal lands in Alaska to require: (1) a portion of Alaska's share of the receipts to be deposited into the Alaska Native Fund, and (2) the amounts distributed to Alaska to be used to provide for the social and economic needs of Natives.
(Sec. 443) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.
(Sec. 444) Specifies the committee report that applies for the purpose of implementing this division.
(Sec. 445) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the applicable allocation made by the House Appropriations Committee under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)
(Sec. 446) Prohibits funds provided by this division from being used to terminate or restructure the Great Lakes Advisory Board.
(Sec. 447) Provides additional appropriations for grants for lead reduction projects under the Safe Drinking Water Act by reducing appropriations for the EPA's Environmental Programs and Management account.
(Sec. 448) Prohibits funds provided by this division from being used to enforce the final rule titled "Greenhouse Gas Emissions and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles-- Phase 2" with respect to trailers.
(Sec. 449) Prohibits funds provided by this division from being used to repeal provisions of the Gulf of Mexico Energy Security Act of 2006 that allocated specified offshore drilling revenues to Gulf producing states (Alabama, Louisiana, Mississippi, and Texas) and the Land and Water Conservation Fund.
(Sec. 450) Prohibits the EPA from using funds provided by this division to use specified pay authorities provided by the Public Health Service Act to hire or pay the salary of any EPA officer or employee who is not already receiving pay under one of the authorities on the date of enactment of this division. (The authorities permit certain consultants and scientists to be appointed without regard to civil service laws.)
(Sec. 451) Prohibits Interior from using funds provided by this division to require changes to an existing placer mining plan of operations with regard to reclamation activities, including revegetation, or to modify the bond requirements for the mining operation.
(Sec. 452) Prohibits the EPA from using funds provided by this division to give formal notification under, or prepare, propose, implement, administer, or enforce any rule or recommendation pursuant to specified provisions of the Clean Air Act regarding air pollution emitted in the United States that may endanger public health or welfare in foreign countries.
(Sec. 453) Prohibits funds provided by this division from being used for aviation helmets, in contravention of requirements under the Federal Acquisition Regulation to promote and provide for full and open competition in soliciting offers and awarding government contracts.
(Sec. 454) Prohibits Interior from using funds provided by this division to modify operations of the New Melones reservoir to execute any component of the State Water Resources Control Board of California's Bay-Delta Water Quality Control Plan.
(Sec. 455) Prohibits funds provided by this division from being used to enforce a provision that is included in a cooperative land management agreement and prohibits or limits the planting of genetically modified crops in a national wildlife refuge.
(Sec. 456) Prohibits funds provided by this division from being used to eliminate the Urban Wildlife Refuge Partnership.
(Sec. 457) Prohibits funds provided by this division from being used to limit outreach programs administered by the Smithsonian Institution.
(Sec. 458) Prohibits funds provided by this division from being used to enforce the final EPA rule titled "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources."
(Sec. 459) Prohibits funds provided by this division from being used to prepare, propose, or promulgate any regulation or guidance that references or relies on the analysis contained in specified technical support documents and guidance related to the social cost of carbon and greenhouse gas emissions.
(Sec. 460) Prohibits the EPA from using funds provided by this division to implement, or require the State of Washington implement, the final rule titled "Revision of Certain Federal Water Quality Criteria Applicable to Washington."
(Sec. 461) Prohibits funds provided by this division from being used to implement or enforce the threatened species listing of the Preble's meadow jumping mouse under the ESA.
(Sec. 462) Prohibits funds provided by this division from being used to implement or enforce the threatened species or endangered species listing of any plant or wildlife that has not undergone a review at least every five years, as required by the ESA.
(Sec. 463) Prohibits the EPA from using funds provided by this division to take specified actions in response to the development or implementation of a state's Watershed Implementation Plan for the restoration of the Chesapeake Bay.
(Sec. 464) Prohibits funds provided by this division from being used for any rulemaking on the lesser prairie-chicken under section 4 of the ESA.
(Sec. 465) Prohibits funds provided by this division from being used to pay attorney's fees pursuant to a settlement in any case in which the federal government is a party and that arises under the Clean Air Act, the Clean Water Act, or the ESA.
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2019
Financial Services and General Government Appropriations Act, 2019
This division provides FY2019 appropriations to agencies responsible for:
- regulating the financial, telecommunications, and consumer products industries;
- collecting taxes and assisting taxpayers;
- managing federal buildings and the federal workforce; and
- operating the Executive Office of the President, the judiciary, and Washington, DC.
TITLE I--DEPARTMENT OF THE TREASURY
Department of the Treasury Appropriations Act, 2019
Provides appropriations to the Department of the Treasury for Departmental Offices, including:
- Salaries and Expenses,
- the Office of Terrorism and Financial Intelligence,
- the Cybersecurity Enhancement Account,
- Department-Wide Systems and Capital Investments Programs,
- the Office of Inspector General,
- the Treasury Inspector General for Tax Administration, and
- the Special Inspector General for the Troubled Asset Relief Program.
Establishes in the Treasury the Fund for America's Kids and Grandkids. Provides appropriations to the fund for government efficiencies and specifies that amounts in the fund may not be used until the federal budget deficit is zero or there is a budget surplus.
Provides appropriations to Treasury for:
- the Financial Crimes Enforcement Network,
- the Bureau of the Fiscal Service,
- the Alcohol and Tobacco Tax and Trade Bureau,
- the U.S. Mint, and
- the Community Development Financial Institutions Fund Program Account.
Provides appropriations to the Internal Revenue Service (IRS) for:
- Taxpayer Services,
- Operations Support, and
- Business Systems Modernization.
(Sec. 101) Permits up to 5% of any IRS appropriation provided by this division to be transferred to any other IRS appropriation upon the advance approval of Congress.
(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.
(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect taxpayers against identity theft.
(Sec. 104) Makes funds available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. Requires the IRS to continue to make improvements to the 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) Requires the IRS to: (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) give special consideration to an offer-in-compromise from a taxpayer who has been the victim of fraud by a third party payroll tax preparer.
(Sec. 106) Prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.
(Sec. 107) Prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.
(Sec. 108) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.
(Sec. 109) Prohibits the IRS from using funds provided by this division for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.
(Sec. 110) Prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.
(Sec. 111) Prohibits the IRS from using funds, except to the extent permitted under specified sections of the Internal Revenue Code (IRC), to provide to any person a proposed final return or statement for use in satisfying a filing or reporting requirement under the IRC.
(Sec. 112) Prohibits the IRS from using funds provided by this division to determine that a church, an integrated auxiliary of a church, or a convention or association of churches is not exempt from taxation for participating in, or intervening in, any political campaign unless the IRS Commissioner consents, Congress is notified, and the determination is effective no earlier than 90 days after congressional notification.
(Sec. 113) Provides additional appropriations to the IRS to be remain available through FY2020 for carrying out P.L. 115-97 (commonly known as the Tax Cuts and Jobs Act).
(Sec. 114) Permits Treasury to use funds provided by this division for:
- insurance for official motor vehicles operated in foreign countries;
- contracts with the Department of State for health and medical services to employees and their dependents serving in foreign countries; and
- employment of temporary or intermittent experts and consultants.
(Sec. 115) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.
(Sec. 116) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.
(Sec. 117) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.
(Sec. 118) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the fund.
(Sec. 119) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.
(Sec. 120) Prohibits funds from being used to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.
(Sec. 121) Deems funds provided for Treasury's intelligence or intelligence-related activities as authorized for FY2019 until the enactment of the Intelligence Authorization Act for FY2019.
(Sec. 122) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.
(Sec. 123) Requires Treasury to submit a capital investment plan to Congress.
(Sec. 124) Requires Treasury to report to Congress on the Franchise Fund.
(Sec. 125) Prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standard used to determine the tax-exempt status of a 501(c)(4) organization.
(Sec. 126) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.
(Sec. 127) Permits the Office of Terrorism and Financial Intelligence to reimburse the Departmental Office--Salaries and Expenses account for reception and representation expenses to support the Financial Action Task Force.
(Sec. 128) Prohibits funds provided by this division from being used to approve, license, facilitate, authorize, or otherwise allow the importation of property confiscated by the Cuban government.
(Sec. 129) Prohibits funds provided by this division from being used to approve or otherwise allow the licensing of a mark, trade name, or commercial name that is substantially similar to one that was used in connection with a business or assets that were confiscated by the Cuban government, unless the original owner consents.
(Sec. 130) Prohibits Treasury from using funds provided by this division to enforce specified guidance for U.S. positions on multilateral development banks which engage with developing countries on coal-fired power generation.
(Sec. 131) Requires the Office of Financial Stability and the Office of Financial Research (OFR) to submit quarterly reports to Congress including specified details regarding obligations, full-time equivalents, and performance.
(Sec. 132) Requires the OFR to provide a public notice period of at least 90 days before issuing any proposed report, rule, or regulation in FY2019.
(Sec. 133) Limits the fees available for obligation by the OFR to the amount provided in appropriations acts beginning in FY2020.
TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
Executive Office of the President Appropriations Act, 2019
Provides FY2019 appropriations to the Executive Office of the President and designated accounts, including:
- the White House,
- the Executive Residence at the White House,
- White House Repair and Restoration,
- the Council of Economic Advisers,
- the National Security Council and the Homeland Security Council,
- the Office of Administration,
- the Office of Management and Budget (OMB),
- the Office of National Drug Control Policy,
- Unanticipated Needs,
- Information Technology Oversight and Reform,
- Special Assistance to the President, and
- the Official Residence of the Vice President.
(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.
(Sec. 202) Requires the OMB to include a statement of budgetary impact with certain executive orders or Presidential memoranda issued or revoked by the President during FY2019.
TITLE III--THE JUDICIARY
Judiciary Appropriations Act, 2019
Provides FY2019 appropriations to the judiciary for:
- the Supreme Court of the United States;
- the U.S. Court of Appeals for the Federal Circuit;
- the U.S. Court of International Trade;
- Courts of Appeals, District Courts, and Other Judicial Services;
- the Administrative Office of the U.S. Courts;
- the Federal Judicial Center; and
- the U.S. Sentencing Commission.
(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.
(Sec. 302) Permits certain transfers of funds between judiciary accounts, if Congress is notified and other specified requirements are met.
(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.
(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.
(Sec. 305) Continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.
(Sec. 306) Extends several temporary judgeships.
TITLE IV--DISTRICT OF COLUMBIA
District of Columbia Appropriations Act, 2019
Provides FY2019 appropriations to DC, including federal payments for:
- Resident Tuition Support,
- Emergency Planning and Security Costs in the District of Columbia,
- District of Columbia Courts,
- Defender Services in District of Columbia Courts,
- the Court Services and Offender Supervision Agency for the District of Columbia,
- the District of Columbia Public Defender Service,
- the Criminal Justice Coordinating Council,
- Judicial Commissions,
- School Improvement,
- the District of Columbia National Guard, and
- Testing and Treatment of HIV/AIDS.
Provides local funds for the operation of DC out of the General Fund of the District of Columbia.
TITLE V--INDEPENDENT AGENCIES
Provides appropriations for independent agencies, including:
- the Administrative Conference of the United States,
- the Consumer Product Safety Commission (CPSC),
- the Election Assistance Commission,
- the Federal Communications Commission (FCC),
- the Federal Deposit Insurance Corporation,
- the Federal Election Commission,
- the Federal Labor Relations Authority,
- the Federal Trade Commission (FTC),
- the General Services Administration (GSA),
- the Harry S. Truman Scholarship Foundation,
- the Merit Systems Protection Board,
- the National Archives and Records Administration,
- the National Credit Union Administration,
- the Office of Government Ethics,
- the Office of Personnel Management (OPM),
- the Office of Special Counsel,
- the Postal Regulatory Commission,
- the Privacy and Civil Liberties Oversight Board,
- the Public Buildings Reform Board,
- the Securities and Exchange Commission (SEC),
- the Selective Service System,
- the Small Business Administration (SBA),
- the U.S. Postal Service, and
- the U.S. Tax Court.
Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.
(Sec. 501) Prohibits the CPSC from using funds provided by this division to finalize, implement, or enforce the proposed Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes a specified study and the results are submitted to Congress.
(Sec. 510) Prohibits the FCC from using funds provided by this division to change the rules for universal service support payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.
(Sec. 520) Permits the GSA to use funds to hire passenger motor vehicles.
(Sec. 521) Permits funds in the Federal Buildings Fund made available for FY2019 to be transferred between activities if necessary to meet program requirements, subject to congressional approval.
(Sec. 522) Requires the budget request for U.S. Courthouse construction to: (1) meet specified design guide standards for construction; (2) reflect the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) include a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.
(Sec. 523) Prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund to any agency that does not pay the assessed rent.
(Sec. 524) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.
(Sec. 525) Requires the GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.
(Sec. 526) Requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations or Judiciary Capital Security Program accounts and E-Government projects funded with the Federal Citizens Services Fund.
(Sec. 527) Requires the GSA to report to Congress regarding the implementation of provisions of the National Defense Authorization Act for Fiscal Year 2018 that established a program to procure commercial products through commercial e-commerce portals.
(Sec. 530) Permits the SBA to transfer specified funds between appropriations accounts.
(Sec. 531) Rescinds specified unobligated balances from the Business Certified Development Company Program.
(Sec. 532) Repeals the SBA Expedited Disaster Assistance Loan Program, which was established to provide small businesses with expedited access to short-term guaranteed loans of up to $150,000.
TITLE VI--GENERAL PROVISIONS--THIS ACT
(Sec. 601) Prohibits funds provided by this division from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.
(Sec. 602) Prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.
(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law or an executive order.
(Sec. 604) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.
(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.
(Sec. 606) Requires entities receiving funds provided by this division to comply with the Buy American Act.
(Sec. 607) Prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.
(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.
(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2019 for salaries and expenses to remain available through FY2020, subject to reprogramming guidelines and congressional approval.
(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.
(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.
(Sec. 612) Permits the OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds provided to resolve litigation and implement any settlement agreements regarding the nonforeign area cost-of-living allowance program.
(Sec. 613) Prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program that provides any benefits or coverage for abortions.
(Sec. 614) Provides exceptions to the prohibition in section 613 if 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) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.
(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.
(Sec. 617) Permits the Commodity Futures Trading Commission and the Securities and Exchange Commission to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.
(Sec. 618) Requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.
(Sec. 619) Provides funds required under current law for:
- compensation of the President;
- payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund;
- payments of government contributions for health and life insurance benefits of federal retired employees;
- payments to finance the unfunded liability of annuity benefits under the Civil Service Retirement and Disability Fund; and
- payments of annuities authorized to be paid from the Civil Service Retirement and Disability Fund.
(Sec. 620) Prohibits the FTC from using funds provided by this division to complete the draft report titled "Interagency Working Group on Food Marketed to Children: Preliminary Proposed Nutrition Principles to Guide Industry Self-Regulatory Efforts" unless the working group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).
(Sec. 621) Prohibits the OPM from using funds provided by this division to permit contractor security clearance-related background investigators to conduct final quality reviews of their own work.
(Sec. 622) Requires agencies funded by this division to ensure that the Chief Information Officer of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.
(Sec. 623) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.
(Sec. 624) Prohibits funds provided by this division from being used to require providers of electronic communication or remote computing services to the public to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.
(Sec. 625) Prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.
(Sec. 626) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.
(Sec. 627) Prohibits the use of funds provided by this division to maintain or establish a computer network unless the network blocks pornography. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.
(Sec. 628) Prohibits the SEC from using funds provided by this division for any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.
(Sec. 629) Modifies the authorities of the National Archives and Records Administration related to the acceptance and disposal of federal records.
(Sec. 630) Prohibits funds provided by this division from being used to enforce provisions of the Federal Election Campaign Act of 1971 that: (1) require a member corporation to approve a trade association's solicitation of contributions from the corporation's stockholders and executive or administrative personnel, and the families of the stockholders or personnel, prior to the solicitation; and (2) prohibit a corporation from approving a solicitation by more than one trade association per year.
(Sec. 631) Prohibits funds provided by this division from being used to pay for an abortion or the administrative expenses in connection with a multi-state qualified health plan offered under the Patient Protection and affordable Care Act which provides any benefits or coverage for abortions. Includes exceptions if the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of rape or incest.
(Sec. 632) Prohibits the SEC from using funds provided by this division to require single ballot proxies.
TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE
(Sec. 701) Requires U.S. departments, agencies, or instrumentalities to administer a written policy designed to ensure that workplaces are free from the illegal use, possession, or distribution of controlled substances by officers and employees.
(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.
(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.
(Sec. 704) Prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.
(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space renovation and other services.
(Sec. 706) Permits agencies to use receipts from the sale of materials through recycling or waste prevention programs for: (1) acquisition, waste reduction and prevention, and recycling programs; (2) other federal agency environmental management programs; and (3) other employee programs as authorized by law or as deemed appropriate by the agency.
(Sec. 707) Permits funds provided to certain government corporations and agencies for administrative expenses to be used to pay rent and other service costs in DC.
(Sec. 708) Prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.
(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.
(Sec. 710) Prohibits spending more than $5,000 to redecorate or furnish the office of the head of a department or agency during the period in which the official holds office unless Congress is notified in advance.
(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives that benefit multiple federal departments, agencies, or entities.
(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. Includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.
(Sec. 713) Prohibits the use of funds to prevent federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for communicating with Congress.
(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.
(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.
(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.
(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or organization outside the federal government without approval of Congress.
(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.
(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties. Specifies that employees not under a leave system are obligated to expend an honest effort and a reasonable proportion of their time to perform official duties.
(Sec. 720) Permits agencies that are members of the Federal Accounting Standards Advisory Board (FASB) to use funds provided for the current fiscal year to finance an appropriate share of FASB administrative costs.
(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by the OMB.
(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.
(Sec. 723) Permits interagency funding of the National Science and Technology Council and requires the OMB to provide a report describing the budget and resources connected with the council.
(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.
(Sec. 725) Prohibits the use of funds to monitor personal information relating to the use of federal Internet sites, subject to specified exceptions.
(Sec. 726) Prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.
(Sec. 727) Specifies that 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 sports through testing, adjudication, education, and research.
(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.
(Sec. 729) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.
(Sec. 730) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.
(Sec. 731) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.
(Sec. 732) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this division.
(Sec. 733) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.
(Sec. 734) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.
(Sec. 735) Bars the use of funds for the painting of portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.
(Sec. 736) Limits pay increases for certain categories of prevailing rate employees.
(Sec. 737) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.
(Sec. 738) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.
(Sec. 739) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.
(Sec. 740) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.
(Sec. 741) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.
(Sec. 742) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 743) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.
(Sec. 744) Requires the Consumer Financial Protection Bureau to notify Congress of any request for a transfer of funds from the Federal Reserve Board.
(Sec. 745) Requires the Office of Management and Budget to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office.
(Sec. 746) Prohibits funds provided by this division from being used for Executive Order 13690, titled "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input."
(Sec. 747) Prohibits funds provided by this division from being used to implement, administer, or enforce a rule issued pursuant to provisions of the Securities Exchange Act of 1934 requiring certain disclosures relating to conflict minerals originating in the Democratic Republic of the Congo.
(Sec. 748) Prohibits funds provided by this division from being used to plan for, begin, continue, complete, process, or approve a public-private competition under the Office of Management and Budget Circular A-76.
(Sec. 749) Specifies that a reference to "this Act" does not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this division.
TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA
Sets forth permitted and prohibited uses of funds appropriated by this division for DC.
(Sec. 801) Appropriates DC funds for making refunds and paying settlements or judgments against the DC government.
(Sec. 802) Prohibits the use of federal funds provided by this division 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) Establishes reprogramming procedures for federal and local funds.
(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.
(Sec. 805) Requires official vehicles provided to any DC officer or employee to be used only for official duties.
(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for DC.
(Sec. 807) Prohibits the use of federal funds provided by this division to: (1) distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution, or (2) operate a supervised drug consumption facility that permits the consumption of any substance listed in schedule I of the Controlled Substances Act.
(Sec. 808) Specifies that nothing in this division prevents the DC Council or Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.
(Sec. 809) Prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).
Prohibits funds available to the DC government under any authority from being used to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.
(Sec. 810) Prohibits funds available to the DC government under any authority from being used 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 rape or incest.
(Sec. 811) Requires the DC Chief Financial Officer (CFO) to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.
(Sec. 812) Requires the CFO to submit to Congress, the Mayor, and the Council a revised operating budget for the DC Public Schools that aligns the school budget to actual enrollment.
(Sec. 813) Permits DC to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.
(Sec. 814) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.
(Sec. 815) Permits up to 50% of unobligated balances available at the end of FY2019 from federal appropriations for salaries and expenses to remain available through FY2029, subject to congressional approval and reprogramming guidelines.
(Sec. 816) Appropriates local funds to DC for FY2020 if no continuing resolution or regular appropriation for DC is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2019.
(Sec. 817) Prohibits funds available to the DC government under any authority from being used to permit or reduce the penalties imposed for certain activities that are related to assisted suicide, euthanasia, or mercy killing and are covered by the Assisted Suicide Funding Restriction Act of 1997.
(Sec. 818) Prohibits funds provided by this division from being used to carry out the Reproductive Health Non-Discrimination Amendment Act of 2014 (DC Law 20-261) or to implement any rule or regulation promulgated to carry out the Act.
(Sec. 819) Repeals the Local Budget Autonomy Amendment Act of 2012 (D.C. Law 19-321).
Amends the District of Columbia Home Rule Act to specify that:
- nothing in the Act may be construed to create a continuing appropriation of the general fund of the District of Columbia;
- all funds provided for DC must be appropriated on an annual fiscal year basis through the federal appropriations process; and
- DC is subject to the requirements of the Anti-Deficiency Act, the Budget and Accounting Act of 1921, and all other requirements and restrictions that apply to appropriations for the fiscal year.
(Sec. 820) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.
TITLE IX--FINANCIAL REFORM
Subtitle A--Helping Angels Lead Our Startups Act
(Sec. 901) Directs the Securities and Exchange Commission (SEC) to revise Regulation D, which exempts certain offerings from SEC registration requirements but prohibits general solicitation or general advertising with respect to such offerings. Allows solicitation at events with specified kinds of sponsors (including "angel investor groups" unconnected to broker-dealers or investment advisers) where presentations or communications are made by or on behalf of an issuer, but:
- the advertising does not refer to any specific offering of securities by the issuer;
- the sponsor does not provide investment recommendation or advice to attendees, engage in investment negotiations with attendees, charge certain fees, or receive certain compensation; and
- no specific information regarding a securities offering is communicated beyond the type and amount of securities being offered, the amount of securities already subscribed for, and the intended use of proceeds from the offering.
Subtitle B--Credit Access and Inclusion Act
(Sec. 903) Amends the Fair Credit Reporting Act to allow the reporting of certain positive consumer-credit information to consumer reporting agencies. Allows a person or the Department of Housing and Urban Development to report information related to a consumer's performance in making payments either under a lease agreement for a dwelling or pursuant to a contract for a utility or telecommunications service. Limits the reporting of a consumer's usage information to the extent that the information relates to payment by the consumer for such service or other terms of the provision of that service. Prohibits an energy-utility firm from reporting a consumer's outstanding balance as late if the firm and the consumer have entered into a payment plan and the consumer is meeting the obligations of that plan.
Limits the applicability of specified provisions of the Consumer Credit Protection Act that establish civil liability with respect to furnishers of information to consumer reporting agencies.
Requires the Government Accountability Office (GAO) to report on the consumer impact of such reporting.
Subtitle C--Small Business Mergers, Acquisitions, Sales and Brokerage Simplification Act
(Sec. 904) Amends the Securities Exchange Act of 1934 to exempt from that Act's registration requirements merger-and-acquisition brokers that facilitate transfer of ownership in privately held companies with earnings or revenues under a specified threshold. Applies such registration requirements, however, to such brokers that:
- receive, hold, transmit, or have custody of funds or securities to be exchanged by parties to an ownership transfer;
- engage on behalf of an issuer in a public offering of registered securities;
- engage on behalf of any party in a transaction involving specified shell companies;
- provide financing related to the transfer of ownership;
- assist any party to obtain financing from a third party in specified circumstances;
- represent both buyer and seller without disclosure and consent from both parties;
- facilitate a transaction with a group of buyers formed with the assistance of the broker;
- engage in transferring ownership to a passive buyer;
- bind a party to a transfer of ownership; or
- are subject to suspension or revocation of registration or to other specified disqualifications.
Subtitle D--Mortgage Choice Act
(Sec. 906) Amends the Truth in Lending Act to specify that neither escrow charges for insurance nor affiliated title charges shall be considered "points and fees" for purposes of determining whether a mortgage is a "high-cost mortgage." (A high-cost mortgage designation restricts the terms of the loan and requires a lender to make certain disclosures to the borrower.)
Subtitle E--Fair Investment Opportunities for Professional Experts Act
(Sec. 908) Amends the Securities Act of 1933 to modify the definition of "accredited investor" for purposes of participating in private offerings to include:
- an individual whose net worth or joint net worth with their spouse exceeds $1 million (adjusted for inflation), excluding from the calculation of their net worth their primary residence and a mortgage secured by that residence in certain circumstances;
- an individual whose income over the last two years exceeded $200,000 (adjusted for inflation) or joint spousal income exceeded $300,000 (adjusted for inflation) and who has a reasonable expectation of reaching the same income level in the current year;
- an individual who is licensed as a broker or investment advisor by certain entities; and
- an individual determined by the SEC to have qualifying education or experience.
(Certain unregistered securities may only be offered to accredited investors.)
Directs the SEC to revise the definition of "accredited investor" in Regulation D (which exempts certain offerings from SEC registration requirements) to conform to changes in this bill.
Subtitle F--Fostering Innovation Act
(Sec. 909) Amends the Sarbanes-Oxley Act of 2002 to establish a temporary exemption to the requirement that each registered public accounting firm that prepares or issues an audit report for an issuer of securities (other than an emerging growth company) shall attest to, and report on, the internal control assessment made by the management of the issuer. Exempts from this requirement an audit report prepared for an issuer that:
- ceased to be an emerging growth company on the last day of its fiscal year following the fifth anniversary of its first sale of common equity securities,
- had average annual gross revenues of less than $50 million as of its most recently completed fiscal year, and
- is not a large accelerated filer.
Subtitle G--End Banking For Human Traffickers Act
(Sec. 910) Amends the Victims of Trafficking and Violence Protection Act of 2000 to add the Secretary of the Treasury as a member of the President's Interagency Task Force to Monitor and Combat Trafficking. Requires the task force to submit to Congress recommendations for the revision of anti-money laundering programs specifically targeting severe forms of human trafficking.
Requires the Federal Financial Institutions Examination Council: (1) to review and enhance training and procedures to improve the capability of specified programs to target financial transactions relating to severe forms of human trafficking, (2) to review and enhance procedures for referring potential severe human trafficking cases to the appropriate law enforcement agency, and (3) to determine whether financial institution requirements are sufficient to detect and deter money laundering related to severe forms of human trafficking.
(Sec. 911) Directs the Office of Terrorism and Financial Intelligence to coordinate with other specified agencies to combat the illicit financing relating to severe forms of human trafficking.
(Sec. 912) Amends the Trafficking Victims Protection Act of 2000 to require the task force to report on efforts to eliminate money laundering related to severe forms of human trafficking.
(Sec. 913) Sets forth additional criteria to be considered by the Department of State to indicate a country's serious and sustained efforts to eliminate human trafficking. Adds criteria regarding whether a country has taken or is taking steps to implement a framework for preventing financial transactions involving severe forms of human trafficking.
Subtitle H--Investing In Main Street Act
(Sec. 914) Amends the Small Business Investment Act of 1958 to increase the amount that certain banks and savings associations may invest in a small business investment company. Subjects this increase to the approval of the appropriate federal banking agency.
Subtitle I--Privacy Notification Technical Clarification Act
(Sec. 915) Amends the Gramm-Leach-Bliley Act to exempt a vehicle financial company, under specified circumstances, from the requirement to annually disclose its privacy policies to consumers. Exempts a vehicle financial company from such requirement if: (1) the company has not changed its privacy policies since its last disclosure, (2) the current policy is available on its website and via mail, (3) notice is provided to customers regarding availability of the company's privacy policies, and (4) the company gives customers the ability to opt out of having personal information disclosed to third parties.
Subtitle J--Financial Institution Customer Protection Act
(Sec. 916) Specifies that a federal banking agency may not request or order a depository institution to terminate a customer account unless: (1) the agency has a valid reason for doing so, and (2) that reason is not based solely on reputation risk.
Sets forth valid reasons for terminating an account, such as threats to national security and involvement in terrorist financing, including state sponsorship of terrorism.
Requires a federal banking agency requesting a termination to provide the depository institution with notification and justification.
Subtitle K--Encouraging Public Offerings Act
(Sec. 917) Amends the Securities Act of 1933 to allow an issuer of securities to communicate with potential investors to ascertain interest in a contemplated securities offering, either before or after the filing of a registration statement (i.e., "test the waters"). (Under current law, only emerging growth companies may engage in such communications.)
Allows an issuer to submit a confidential draft registration statement to the SEC for review prior to public filing or within one year after the initial public offering or registration.
Subtitle L--Risk-Based Credit Examination Act
(Sec. 918) Amends the Securities Exchange Act of 1934 to provide the SEC's Office of Credit Ratings with discretion concerning reviewable matters during its annual examination of nationally recognized statistical rating organizations.
Subtitle M--Protection of Source Code Act
(Sec. 919) Amends the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, and the Investment Advisers Act of 1940 to specify that the SEC may not compel a person to produce a source code or similar intellectual property without first issuing a subpoena.
Subtitle N--Family Office Technical Correction Act
(Sec. 920) Provides that family offices are accredited investors as set forth by the SEC in Regulation D, allowing such investors to purchase certain unregistered securities. (A family office is a company that has no clients other than family clients, is wholly owned and exclusively controlled by family clients, and does not hold itself out to the public as an investment advisor.)
States that a family office is an accredited investor if:
- the office manages assets in excess of $5 million,
- the office was not formed for the purpose of acquiring the offered securities, and
- a qualified person is directing the purchase.
Subtitle O--Market Data Protection Act
(Sec. 921) Requires the SEC, each registered national security association, and the operator of the consolidated audit trail (a database that tracks trading in equities and options markets) to develop internal risk controls to safeguard market data.
Subtitle P--Financial Stability Oversight Council Improvement Act
(Sec. 922) Amends the Financial Stability Act of 2010 to require the Financial Stability Oversight Council (FSOC), in determining whether a nonbank financial company shall be designated as systemically important and consequently be supervised by the Federal Reserve Board (FRB) and subject to prudential standards, to consider the appropriateness of imposing such standards as opposed to other forms of regulation to mitigate identified risks to U.S. financial stability.
Revises procedural requirements related to council determinations of systemic importance. Provides that the council must: (1) provide an opportunity, during an annual reevaluation of such a determination for a nonbank financial company, for the company to submit written materials to, and meet with, the council in order to contest the determination; (2) every five years, upon request by a nonbank financial company, reevaluate such a determination and hold a vote on whether to rescind it; and (3) undertake certain procedures for initial evaluations.
Subtitle Q--Expanding Access to Capital for Rural Job Creators Act
(Sec. 925) Amends the Securities Exchange Act of 1934 to require the Advocate for Small Business Capital Formation within the SEC to report on issues encountered by rural-area small businesses.
Subtitle R--Volcker Rule Regulatory Harmonization Act
(Sec. 926) Amends the Bank Holding Company Act of 1956 to grant exclusive rulemaking authority under the Volcker Rule to the FRB. (Currently, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation [FDIC], the SEC, and the Commodity Futures Trading Commission [CFTC] also have regulatory authority under the Volcker Rule. The Volcker Rule prohibits banking agencies from engaging in proprietary trading or entering into certain relationships with hedge funds and private-equity funds.)
(Sec. 928) Exempts from the Volcker Rule banks with total assets: (1) of $10 billion or less, and (2) comprised of 5% or less of trading assets and liabilities.
Subtitle S--Financial Institution Living Will Improvement Act
(Sec. 929) Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to establish the frequency with which certain nonbank financial companies and bank holding companies shall be required to submit a "living will" (i.e., the company's plan for rapid and orderly resolution in the event of financial distress or failure) to the FRB, FSOC, and the FDIC. Provides that such companies shall be required to do so once every two years. (Current regulations generally require annual submission of plans.)
Directs the FRB and the FDIC to provide feedback to a company regarding such a plan within six months.
Subtitle T--Financial Institutions Examination Fairness and Reform Act
(Sec. 930) Amends the Federal Financial Institutions Examination Council Act of 1978 to apply specified procedures related to reporting and review, as established by the bill, to a nondepository covered person that is subject to Consumer Financial Protection Bureau (CFPB) supervision.
(Sec. 931) Sets deadlines for final examination reports and exit interviews of a financial institution by a federal financial regulatory agency.
(Sec. 932) Establishes the Office of Independent Examination Review to adjudicate appeals and investigate complaints from financial institutions concerning examination reports.
(Sec. 933) Establishes that financial institutions have the right to an independent review of a material supervisory determination. Establishes a limited review by the Federal Financial Institutions Examination Council (FFIEC) if there is evidence that the final decision reached by the office would pose an imminent threat to the financial institution's safety and soundness. Prohibits certain retaliatory actions by regulatory agencies with respect to such review.
(Sec. 934) Requires the establishment of an independent internal agency appellate process at the CFPB for the review of supervisory determinations made at institutions supervised by the CFPB. Raises the proportion of FFIEC costs covered by regulatory agencies.
Subtitle U--TRID Improvement Act
(Sec. 936) Amends the Real Estate Settlement Procedures of 1974 to modify disclosure requirements applicable to mortgage loan transactions. Provides that the disclosed charges for any title insurance premium shall be equal to the amount charged for each individual title insurance policy, subject to any discounts as required by either state regulation or the title company rate filings.
Subtitle V--Common Sense Credit Union Capital Relief Act
(Sec. 938) Delays to 2021 the National Credit Union Administration rule titled "Risk-Based Capital" published on October 29, 2015. (The rule establishes a new method, beginning in 2019, for measuring whether a credit union is adequately capitalized.)
Subtitle W--Bureau of Consumer Financial Protection-Inspector General Reform Act
(Sec. 939) Amends the Inspector General Act of 1978 to repeal the authority of the Chairman of the FRB to appoint the Inspector General of the CFPB.
Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to create an Inspector General for the CFPB.
Subtitle X--BCFP on Appropriations
(Sec. 943) Limits the amount the CFPB may request during FY2019 to carry out CFPB functions. Provides appropriations for the CFPB.
Repeals provisions that provide funding to the CFPB from the earnings of the Federal Reserve System.
Eliminates the Consumer Financial Protection Fund.
Subtitle Y--Stress Test Relief for Nonbanks
(Sec. 944) Amends the Dodd-Frank Wall Street Reform and Consumer Protection Act to exempt certain financial companies not primarily regulated by either a federal banking agency or the Federal Housing Finance Agency from requirements to conduct stress tests.
Allows the SEC and the CFTC to issue separate regulations requiring specified financial companies to conduct financial-condition analyses.
Subtitle Z--Interaffiliate Language
(Sec. 945) Amends the Securities Exchange Act of 1934 to exempt from initial margin requirements certain security-based swaps involving interaffiliates.
Subtitle AA--Tailored Application of Prudential Standards
(Sec. 946) Requires the FRB, when establishing more stringent prudential standards for certain nonbank financial companies and bank holding companies, to prescribe similar requirements for companies with comparable risk models and business standards.
Subtitle BB--Authority to Remove Bureau Director
(Sec. 947) Repeals the authority of the President to remove the Director of the CFPB for inefficiency, neglect of duty, or malfeasance.
Subtitle CC--Congressional Review of Bureau Rulemaking
(Sec. 948) Repeals the Congressional Review Act as it applies to rulemaking by federal agencies, and implements a congressional review process solely over rulemaking by the CFPB. Requires congressional approval via joint resolution of any major rule issued by the CFPB. (Current law requires a joint resolution of disapproval by Congress to overturn final agency rulemaking.)
Requires the CFPB to:
- publish the economic effect of regulatory actions related to a rule,
- amend or repeal rules that offset the costs of a new rule, and
- submit not less than 10% of existing rules for congressional review annually for 10 years.
Sets forth procedural requirements for congressional approval of major rules and for congressional disapproval of nonmajor rules.
(Sec. 949) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to provide that any CFPB rules subject to the congressional approval procedure set forth in this subtitle affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with this subtitle.
(Sec. 950) Requires the GAO to report on, as of the date of enactment of this bill: (1) how many CFPB rules were in effect, (2) how many major CFPB rules were in effect, and (3) the total estimated economic cost imposed by all such rules.
TITLE X--EMAIL PRIVACY ACT
(Sec. 1001) Amends the federal criminal code to revise provisions that limit an electronic communication service (ECS) or remote communication service (RCS) provider from disclosing the contents of a wire or electronic communication that is in electronic storage.
(Sec. 1002) Revises the standards for the government to compel an ECS or RCS provider to disclose contents of a wire or electronic communication or noncontent records or information pertaining to a subscriber or customer. Allows an ECS or RCS provider to notify a subscriber or customer of the receipt of a warrant, court order, subpoena, or request, unless the government obtains an order for delayed notification.
(Sec. 1003) Revises the process for obtaining a delayed notification order and lengthens the maximum duration of a delayed notification order.
TITLE XI--AMATEUR RADIO PARITY ACT
Amateur Radio Parity Act of 2018
(Sec. 1103) Directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction:
- precludes communications in an amateur radio service,
- fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or
- is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction.
Requires an amateur radio licensee to obtain a community association's approval before installing an outdoor antenna. Allows a community association to: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.
TITLE XII--ADDITIONAL GENERAL PROVISIONS
(Sec. 1201) Specifies that, unless this division expressly provides otherwise, references to "this Act" included in this division shall be treated as referring only to the provisions of this division.
(Sec. 1202) Specifies the committee report that applies for the purpose of implementing this division.
(Sec. 1203) Establishes a spending reduction account for the amount by which spending proposed in this division exceeds the applicable allocation made by the House Appropriations Committee under the Congressional Budget Act of 1974. Specifies that the amount is $0. (Under the Rules of the House of Representatives, any savings included in the spending reduction account are not available for further appropriation during consideration of the bill.)
(Sec. 1204) Prohibits funds provided by this division from being used to enforce requirements under current law for the General Services Administration to sell property associated with the Department of Homeland Security's Plum Island Animal Disease Center in Orient Point, New York.
(Sec. 1205) Prohibits funds provided by title IV or title VIII of this division from being used by Washington, DC, to carry out the Health Insurance Requirement Amendment Act of 2018. (The Act is a Washington, DC, law that requires residents to maintain health insurance coverage and imposes a tax on residents that fail to comply with the requirement.)
(Sec. 1206) Prohibits funds provided by this division from being used to carry out specified provisions of the Patient Protection and Affordable Care Act that require the Office of Personnel Management to enter into contracts with health insurance issuers to offer multistate qualified health plans through exchanges.
(Sec. 1207) Prohibits Washington, DC, from using funds provided by title IV or title VIII of this division to seize assets to enforce the tax penalty imposed under the Health Insurance Requirement Amendment Act of 2018.