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Titles (36)

Short Titles

Short Titles as Enacted

Consolidated Appropriations Act, 2019

Short Titles as Enacted for portions of this bill
  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019
  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019
  • Department of Commerce Appropriations Act, 2019
  • Department of Homeland Security Appropriations Act, 2019
  • Department of Housing and Urban Development Appropriations Act, 2019
  • Department of Justice Appropriations Act, 2019
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019
  • Department of Transportation Appropriations Act, 2019
  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019
  • Department of the Treasury Appropriations Act, 2019
  • District of Columbia Appropriations Act, 2019
  • Executive Office of the President Appropriations Act, 2019
  • Financial Services and General Government Appropriations Act, 2019
  • Judiciary Appropriations Act, 2019
  • Science Appropriations Act, 2019
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019

Short Titles on Conference report

Consolidated Appropriations Act, 2019

Short Titles on Conference report for portions of this bill
  • Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019
  • Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019
  • Department of Commerce Appropriations Act, 2019
  • Department of Homeland Security Appropriations Act, 2019
  • Department of Housing and Urban Development Appropriations Act, 2019
  • Department of Justice Appropriations Act, 2019
  • Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019
  • Department of Transportation Appropriations Act, 2019
  • Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019
  • Department of the Treasury Appropriations Act, 2019
  • District of Columbia Appropriations Act, 2019
  • Executive Office of the President Appropriations Act, 2019
  • Financial Services and General Government Appropriations Act, 2019
  • Judiciary Appropriations Act, 2019
  • Science Appropriations Act, 2019
  • Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019

Official Titles

Official Title as Agreed to by House and Senate

Making consolidated appropriations for the fiscal year ending September 30, 2019, and for other purposes.

Official Titles - House of Representatives

Official Title as Introduced

Making further continuing appropriations for the Department of Homeland Security for fiscal year 2019, and for other purposes.


Actions Overview (11)

Date Actions Overview
02/15/2019Became Public Law No: 116-6. (TXT | PDF)
02/15/2019Signed by President.
02/15/2019Presented to President.
02/14/2019Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 300 - 128 (Roll No. 87).(text: CR 2/13/2019 H1590-1713)
02/14/2019Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 83 - 16. Record Vote Number: 26.
02/13/2019Conference report filed: Conference report H. Rept. 116-9 filed.
02/13/2019Conference committee actions: Conferees agreed to file conference report.
01/30/2019Conference committee actions: Conference held.
01/25/2019Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.
01/24/2019Passed/agreed to in House: On passage Passed by the Yeas and Nays: 231 - 180 (Roll no. 51).(text: CR H1176-1177)
01/22/2019Introduced in House

All Actions (45)

Date Chamber All Actions
02/15/2019Became Public Law No: 116-6. (TXT | PDF)
02/15/2019Signed by President.
02/15/2019HousePresented to President.
02/14/2019-9:15pmHousePursuant to the provisions of S. Con. Res. 4, enrollment corrections on H.J. Res. 31 have been made.
02/14/2019-9:01pmHouseMotions to reconsider laid on the table Agreed to without objection.
02/14/2019-9:01pmHouseOn agreeing to the conference report Agreed to by the Yeas and Nays: 300 - 128 (Roll No. 87). (text: CR 2/13/2019 H1590-1713)
02/14/2019-8:36pmHouseThe previous question was ordered pursuant to the rule.
02/14/2019-7:39pmHouseDEBATE - The House proceeded with one hour of debate on the conference report to accompany H.J.Res. 31.
02/14/2019-7:37pmHouseMrs. Lowey brought up conference report H. Rept. 116-9 for consideration under the provisions of H. Res. 131. (consideration: CR H2016-2024)
02/14/2019SenateMessage on Senate action sent to the House.
02/14/2019SenateSenate agreed to conference report by Yea-Nay Vote. 83 - 16. Record Vote Number: 26.
02/14/2019SenateCloture on the conference report invoked in Senate by Yea-Nay Vote. 84 - 15. Record Vote Number: 25. (CR S1364)
02/14/2019SenateCloture motion on the conference report presented in Senate. (CR S1362)
02/14/2019SenateConference report considered in Senate. (consideration: CR S1362-1364)
02/14/2019SenateConference papers: Senate report and manager's statement and official papers held at the desk in Senate.
02/13/2019-11:51pmHouseConference report H. Rept. 116-9 filed.
02/13/2019-11:30pmConferees agreed to file conference report.
Action By: Joint
01/30/2019-1:30pmConference held.
Action By: Joint
01/25/2019-6:59pmHouseThe Speaker appointed conferees: Lowey, Roybal-Allard, Price of North Carolina, Lee of California, Cuellar, Aguilar, Granger, Fleischmann, Graves of Georgia, and Palazzo. (consideration: CR S684)
01/25/2019-6:59pmHouseOn motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
01/25/2019-6:58pmHouseMrs. Lowey asked unanimous consent to take from the Speaker's table, with the Senate amendment thereto, disagree to the Senate amendment, and agree to the conference requested by the Senate. (consideration: CR H1216)
01/25/2019SenateMessage on Senate action sent to the House.
01/25/2019SenateSenate insists on its amendment, asks for a conference, appoints conferees Shelby; Capito; Hoeven; Blunt; Leahy; Durbin; Tester.
01/25/2019SenatePassed Senate with an amendment by Voice Vote.
01/25/2019SenateS.Amdt.55 Amendment SA 55 agreed to in Senate by Unanimous Consent.
01/25/2019SenateS.Amdt.55 Amendment SA 55 proposed by Senator McConnell for Senator Shelby. (consideration: CR S684; text: CR S684) In the nature of a substitute.
01/25/2019SenateMeasure laid before Senate by unanimous consent. (consideration: CR S684)
01/25/2019SenateThe joint resolution was considered read the second time.
01/24/2019SenateReceived in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
01/24/2019-10:50amHouseMotion to reconsider laid on the table Agreed to without objection.
01/24/2019-10:50amHouseOn passage Passed by the Yeas and Nays: 231 - 180 (Roll no. 51). (text: CR H1176-1177)
01/24/2019-10:41amHouseOn motion to recommit with instructions Failed by the Yeas and Nays: 200 - 214 (Roll no. 50).
01/24/2019-10:16amHouseConsidered as unfinished business. (consideration: CR H1181-1183)
01/24/2019-9:57amHousePOSTPONED PROCEEDINGS - At the conclusion of debate on the motion to recommit, the Chair put the question on agreeing to the motion and by voice vote, announced that the nays had prevailed. Ms. Granger demanded the yeas and nays and the Chair postponed further proceedings on the motion to recommit until later in the legislative day.
01/24/2019-9:57amHouseThe previous question on the motion to recommit with instructions was ordered without objection.
01/24/2019-9:57amHouseDEBATE - The House proceeded with 10 minutes of debate on the Granger motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment striking the date February 28, 2019 and inserting January 24, 2019 on page 2, line 10.
01/24/2019-9:54amHouseMs. Granger moved to recommit with instructions to the Committee on Appropriations. (text: CR H1181)
01/24/2019-9:53amHouseThe previous question was ordered pursuant to the rule.
01/24/2019-9:10amHouseDEBATE - The House proceeded with one hour of debate on H.J. Res. 31.
01/24/2019-9:09amHouseRule provides for consideration of H.R. 648 and H.J. Res. 31. Rule provides for consideration of H.R. 648 and H.J. Res. 31 under closed rules with one hour of debate for each measure. Rule provides for consideration of motions to suspend the rules through the legislative day of February 1, 2019
01/24/2019-9:09amHouseConsidered under the provisions of rule H. Res. 61. (consideration: CR H1176-1181)
01/23/2019-1:57pmHouseRule H. Res. 61 passed House.
01/22/2019HouseReferred to the House Committee on Appropriations.
01/22/2019-7:17pmHouseRules Committee Resolution H. Res. 61 Reported to House. Rule provides for consideration of H.R. 648 and H.J. Res. 31. Rule provides for consideration of H.R. 648 and H.J. Res. 31 under closed rules with one hour of debate for each measure. Rule provides for consideration of motions to suspend the rules through the legislative day of February 1, 2019
01/22/2019HouseIntroduced in House

Cosponsors (0)

No cosponsors.


Committees (1)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
House Appropriations01/22/2019 Referred to

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Subjects (149)


Latest Summary (5)

There are 5 summaries for H.J.Res.31. View summaries

Shown Here:
Public Law No: 116-6 (02/15/2019)

Highlights

This bill provides FY2019 appropriations for several federal departments and agencies.

It includes 7 of the 12 regular FY2019 appropriations bills:

  • the Department of Homeland Security Appropriations Act, 2019;
  • the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019;
  • the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019;
  • the Financial Services and General Government Appropriations Act, 2019;
  • the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019;
  • the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019; and
  • the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019;

The bill also extends several expiring immigration programs and makes various technical changes to current law.

Full Summary

Consolidated Appropriations Act, 2019

(Sec. 3) This section provides that references to "this Act" included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.

(Sec. 4) This section specifies that the sums in this bill are appropriated for FY2019.

(Sec. 5) This section provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 6) This section provides $174,000 for a payment to Joe Anne Jones, widow of the late Representative Walter B. Jones Jr.

(Sec. 7) This section changes the title of division O of the Consolidated Appropriations Act, 2018 to "the Stephen Sepp Wildfire Suppression Funding and Forest Management Activities Act."

DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019

Department of Homeland Security Appropriations Act, 2019

This division provides FY2019 appropriations for the Department of Homeland Security (DHS), including

  • U.S. Customs and Border Protection,
  • the U.S. Coast Guard,
  • U.S. Immigration and Customs Enforcement,
  • the Transportation Security Administration,
  • the Federal Emergency Management Agency,
  • the Secret Service, and
  • other DHS programs.

TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

This title provides appropriations for

  • the Office of the Secretary and Executive Management;
  • the Management Directorate,
  • Intelligence, Analysis, and Operations Coordination; and
  • the Office of Inspector General.

(Sec. 101) This section requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 102) This section requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded during FY2018 and FY2019 without a full and open competition. The OIG must review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 103) This section requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 104) This section requires DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 105) This section requires all official costs for the use of government aircraft by DHS to support official travel of the Secretary and the Deputy Secretary to be paid from amounts made available for the Office of the Secretary.

(Sec. 106) This section requires DHS to (1) submit to Congress a report on visa overstay data by country; and (2) publish on the DHS website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the measures.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

This title provides appropriations to U.S. Customs and Border Protection (CBP) for (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

The title provides appropriations to U.S Immigration and Customs Enforcement (ICE) for (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

The title provides appropriations to the Transportation Security Administration (TSA) for

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

The title provides appropriations to the U.S. Coast Guard for

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Research and Development; and
  • Retired Pay.

The title provides appropriations to the Secret Service for

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

(Sec. 201) This section limits overtime compensation for employees of CBP, ICE, and the Secret Service except in individual cases that DHS determines to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.

(Sec. 202) This section permits specified CBP funds to be used for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico.

(Sec. 203) This section provides that specified fees collected from passengers arriving from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 204) This section permits the CBP to access certain reimbursements for preclearance activities.

(Sec. 205) This section prohibits the CBP from using funds provided by this division to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 206) This section prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 207) This section prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 208) This section permits DHS to reprogram and transfer funds within and into the ICE Operations and Support account as necessary to ensure the detention of aliens prioritized for removal.

(Sec. 209) This section prohibits funds provided for the ICE Operations and Support account from being used to continue a delegation of law enforcement authority authorized under specified provisions of the Immigration and Nationality Act if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

(Sec. 210) This section prohibits ICE Operations and Support funds from being used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the facility are less than "adequate" or the equivalent median score in any subsequent performance evaluation system.

(Sec. 211) This section prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.

(Sec. 212) This section requires any award by the TSA to deploy explosives detection systems to be based on risk, the airport's current reliance on other screening solutions, lobby congestion resulting in increased security concerns, high injury rates, airport readiness, and increased cost effectiveness.

(Sec. 213) This section permits the TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements to fund certain airport security improvement projects authorized under current law.

(Sec. 214) This section prohibits the TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the TSA provided monitoring as of December 1, 2013.

(Sec. 215) This section prohibits funds provided by this division for Coast Guard Operations and Support from being used for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to the account.

(Sec. 216) This section permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operations and Support account.

(Sec. 217) This section requires the Coast Guard to submit to Congress a future-years capital investment plan.

(Sec. 218) This section permits the Secret Service to obligate funds in anticipation of reimbursements from executive agencies for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year may not exceed budgetary resources available for the Operations and Support account.

(Sec. 219) This section prohibits the Secret Service from using funds for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where it has entered into an agreement to provide the protection on a fully reimbursable basis.

(Sec. 220) This section permits the Secret Service to reprogram specified funds within the Operations and Support account.

(Sec. 221) This section permits funds provided to the Secret Service for Operations and Support to be used for travel of employees on protective missions without regard to limitations on the expenditures if Congress is notified in advance.

(Sec. 222) This section requires DHS to submit to Congress an expenditure plan for funds provided for the CBP Procurement, Construction, and Improvements account. The funds may not be obligated until the plan is submitted.

(Sec. 223) This section permits funds provided to the Coast Guard Operations and Support account for Overseas Contingency Operations/ Global War on Terrorism to be allocated by program, project, and activity, notwithstanding the reprogramming and transfer requirements included in section 503 of this division.

(Sec. 224) This section prohibits DHS from using funds to place in detention or remove sponsors, potential sponsors, or members of the household of a sponsor or potential sponsor of unaccompanied children based on information provided by the Department of Health and Human Services Office of Refugee Resettlement as part of the sponsor's application to accept custody of an unaccompanied child, except when a background check reveals specified information.

(Sec. 225) This section permits the TSA to conduct a pilot program to enter into up to eight reimbursable agreements with TSA-regulated entities for screening services provided by TSA Officers at locations other than primary passenger terminal screening areas.

(Sec. 226) This section requires ICE to submit to Congress specified data on aliens detained and enrollees in the Alternatives to Detention program.

(Sec. 227) This section prohibits funds provided by this division from being used to reduce the Coast Guard's Operating Systems Center mission or the Coast Guard's government-employed or contract staff levels.

(Sec. 228) This section prohibits funds provided by this division from being used to conduct or implement the results of a competition with respect to the Coast Guard National Vessel Documentation Center, pursuant to Office of Management and Budget Circular A-76.

(Sec. 229) This section permits funds provided by this division to be used to alter operations within the Coast Guard's Civil Engineering Program, except that no funds may be used to reduce operations within any civil engineering unit unless specifically authorized by a statute enacted after this division is enacted.

(Sec. 230) This section provides specified funds to the CBP Procurement, Construction, and Improvements account for

  • the construction of primary pedestrian fencing, including levee pedestrian fencing, in the Rio Grande Valley Sector;
  • the acquisition and deployment of border security technologies and trade and travel assets and infrastructure, including funding for non-intrusive inspection equipment at ports of entry; and
  • construction and facility improvements, including funds for humanitarian needs, Office of Field Operations facilities, and Border Patrol station facility improvements.

The funds for primary fencing may only be used for operationally effective designs deployed as of the date of the Consolidated Appropriations Act, 2017, such as currently deployed steel bollard designs, that prioritize agent safety.

DHS must submit to Congress and the GAO an updated risk-based plan for improving security along the borders of the United States that includes specified elements.

(Sec. 231) This section prohibits funds from being used for the construction of pedestrian fencing

  • within the Santa Ana Wildlife Refuge,
  • within the Bentsen-Rio Grande Valley State Park,
  • within La Lomita Historical Park,
  • within the National Butterfly Center, or
  • within or east of the Vista del Mar Ranch tract of the Lower Rio Grande Valley National Wildlife Refuge.

(Sec. 232) This section requires a consultation and public comment period prior to constructing physical barriers within specified cities in Texas.

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

This title provides appropriations to the Cybersecurity and Infrastructure Security Agency for

  • Operations and Support;
  • the Federal Protective Service;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

The title provides appropriations to the Federal Emergency Management Agency (FEMA) for

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Federal Assistance;
  • the Disaster Relief Fund; and
  • the National Flood Insurance Fund.

(Sec. 301) This section requires the Federal Protective Service, in conjunction with the Office of Management and Budget, to submit to Congress a plan providing at least three options for a revised method to assess and allocate costs for countermeasures.

(Sec. 302) This section limits expenses for the administration of FEMA grants.

(Sec. 303) This section specifies time frames for FEMA grant applications and awards.

(Sec. 304) This section requires FEMA to brief Congress in advance of announcing certain grants and awards.

(Sec. 305) This section specifies that, for the purpose of certain FEMA grants, the installation of communications towers is not considered construction of a building or other physical facility.

(Sec. 306) This section extends and modifies reporting requirements for expenditures from FEMA's Disaster Relief Fund.

(Sec. 307) This section permits DHS to waive specified requirements of the Federal Fire Prevention and Control Act of 1974 when making Firefighter Assistance Grants.

(Sec. 308) This section provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.

(Sec. 309) This section requires the federal share of assistance to be at least 90% of the costs for certain assistance provided for major disasters declared for wildfires in 2018.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

This title provides appropriations for U.S. Citizenship and Immigration Services (USCIS) for

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Federal Assistance.

The title provides appropriations to the Federal Law Enforcement Training Centers (FLETCs) for (1) Operations and Support; and (2) Procurement, Construction, and Improvements.

The title provides appropriations for the Science and Technology Directorate for (1) Operations and Support, and (2) Research and Development.

The title provides appropriations for the Countering Weapons of Mass Destruction Office for

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Research and Development; and
  • Federal Assistance.

(Sec. 401) This section permits the USCIS to (1) acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the General Services Administration does not provide vehicles for lease; and (2) authorize employees who are assigned to those areas to use the vehicles to travel between their residences and places of employment.

(Sec. 402) This section prohibits the USCIS from using funds provided by this division to grant an immigration benefit to an individual unless required background checks have been completed, the results have been received by the USCIS, and the results do not preclude the granting of the benefit.

(Sec. 403) This section prohibits funds provided by this division from being used for a competition for services provided by USCIS employees known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 404) This section permits FLETCs to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.

(Sec. 405) This section directs the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors.

(Sec. 406) This section allows the FLETCs to accept transfers from other government agencies for the Procurement, Construction, and Improvements account.

(Sec. 407) This section classifies the functions of the FLETC instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

(Sec. 408) This section allows personnel and specified unexpended balances of funds from the DHS Science and Technology Directorate--Operations and Support account to be transferred to the Department of Agriculture to support operations of the National Bio and Agro-defense Facility.

TITLE V--GENERAL PROVISIONS

(Sec. 501) This section prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the authority is expressly provided by this division.

(Sec. 502) This section permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) This section sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this division.

(Sec. 504) This section extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2019 budget. It also permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) This section permits up to 50% of the unobligated balances from each Operations and Support appropriation to remain available through FY2020, subject to the congressional notification requirements included in section 503.

(Sec. 506) This section deems funds provided by this division for intelligence activities to be specifically authorized during FY2019 until the enactment of an Act authorizing intelligence activities for FY2019.

(Sec. 507) This section requires DHS to notify Congress prior to executing or announcing certain grant allocations, grant awards, contract awards, task or delivery orders, other transaction agreements, or letters of intent. A waiver is permitted if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) This section prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, for federal law enforcement training without notifying Congress in advance. FLETCs may obtain the temporary use of additional facilities for training that cannot be accommodated in existing facilities.

(Sec. 509) This section prohibits funds provided by this division from being used for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) This section applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this division.

(Sec. 511) This section prohibits funds provided by this division from being used in contravention of the Buy American Act.

(Sec. 512) This section prohibits funds provided by this division from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) This section prohibits DHS from using funds provided by this division to carry out a reorganization unless it is explicitly authorized by Congress.

(Sec. 514) This section prohibits funds provided by this division from being used for a national identification card.

(Sec. 515) This section prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.

(Sec. 516) This section prohibits funds from being used to transfer or release individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba, to or within the United States, its territories, or its possessions.

(Sec. 517) This section prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by the division.

(Sec. 518) This section prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 519) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 520) This section prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 521) This section provides appropriations to remain available through FY2020 for financial systems modernization. The funds may be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 522) This section requires DHS to reduce administrative expenses by a total of $12 million from specified accounts.

(Sec. 523) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with exceptions for law enforcement, prosecution, or adjudication activities.

(Sec. 524) This section prohibits a federal law enforcement officer from using funds provided by this division to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 525) This section sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.

(Sec. 526) This section prohibits funds provided by this division from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 527) This section prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 528) This section requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest, subject to exceptions for national security or proprietary information.

(Sec. 529) This section permits funds provided by this division for Operations and Support to be used for minor procurement, construction, and improvements (end items with a unit cost of $250,000 or less for personal property and $2 million or less for real property).

(Sec. 530) This section permits DHS to use funds for the primary and secondary schooling (including transportation) of dependents of DHS personnel who are stationed outside of the continental United States in certain areas where the available schools are unable to provide adequately for the education of the dependents.

(Sec. 531) This section provides appropriations to FEMA to reimburse extraordinary law enforcement personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the Secret Service.

(Sec. 532) This section prohibits funds provided by this division from being used to (1) prevent a Member of Congress from entering, for the purpose of conducting oversight, any DHS facility used to detain or otherwise house alien minors; or (2) make any temporary modification to such a facility that alters what is observed by a visiting Member of Congress, compared to what would be observed without the modification.

(Sec. 533) This section prohibits funds provided by this division from being used to place restraints on a woman in DHS custody who is pregnant or in post-delivery recuperation, except in specified circumstances.

(Sec. 534) This section prohibits funds provided by this division from being used to destroy any document, recording, or other record pertaining to any potential sexual assault or abuse perpetrated against any individual held in the custody of DHS.

(Sec. 535) This section prohibits funds provided by this division from being used for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency.

(Sec. 536) This section prohibits funds provided by this division from being used to implement the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 537) This section provides, that within 60 days of submitting a budget proposal for FY2020 that assumes revenues or proposes a reduction from the previous year based on user fees proposals that have not been enacted into law prior to the submission of the budget, DHS must submit to Congress spending reductions to offset revenues assumed in the proposals if they are not enacted.

(Sec. 538) This section rescinds specified unobligated balances from various DHS accounts.

(Sec. 539) This section rescinds specified unobligated balances from various DHS accounts, including accounts within the TSA, the Coast Guard, and the Domestic Nuclear Detection Office.

(Sec. 540) This section rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019

This division provides FY2019 appropriations for the Department of Agriculture (USDA), except for the Forest Service, which is included in division E (the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019).

The division also provides appropriations for the Food and Drug Administration (FDA) and the Farm Credit Administration.

The division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.

TITLE I--AGRICULTURAL PROGRAMS

This title provides appropriations for the following agricultural programs and services

  • the Office of the Secretary;
  • Executive Operations;
  • the Office of the Chief Information Officer;
  • the Office of the Chief Financial Officer;
  • the Office of the Assistant Secretary for Civil Rights;
  • the Office of Civil Rights;
  • Agriculture Buildings and Facilities;
  • Hazardous Materials Management;
  • the Office of Inspector General;
  • the Office of the General Counsel;
  • the Office of Ethics;
  • the Office of the Under Secretary for Research, Education, and Economics;
  • the Economic Research Service;
  • the National Agricultural Statistics Service;
  • the Agricultural Research Service;
  • the National Institute of Food and Agriculture;
  • the Office of the Under Secretary for Marketing and Regulatory Programs;
  • the Animal and Plant Health Inspection Service;
  • the Agricultural Marketing Service;
  • the Office of the Under Secretary for Food Safety; and
  • the Food Safety and Inspection Service.

TITLE II--FARM PRODUCTION AND CONSERVATION PROGRAMS

This title provides appropriations for Farm Production and Conservation programs, including

  • the Office of the Under Secretary for Farm Production and Conservation,
  • the Farm Production and Conservation Business Center,
  • the Farm Service Agency,
  • the Risk Management Agency, and
  • the Natural Resources Conservation Service.

The title also provides appropriations for (1) the Federal Crop Insurance Corporation Fund, and (2) the Commodity Credit Corporation Fund.

TITLE III--RURAL DEVELOPMENT PROGRAMS

This title provides appropriations for Rural Development Programs, including

  • Rural Development Salaries and Expenses,
  • the Rural Housing Service,
  • the Rural Business--Cooperative Service, and
  • the Rural Utilities Service.

TITLE IV--DOMESTIC FOOD PROGRAMS

This title provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.

The title provides appropriations to the Food and Nutrition Service for

  • Child Nutrition Programs;
  • the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
  • the Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program);
  • the Commodity Assistance Program; and
  • Nutrition Programs Administration.

TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

The title provides appropriations to the Office of the Under Secretary for Trade and Foreign Agricultural Affairs.

It also provides appropriations to the Foreign Agricultural Service for

  • the Food for Peace Act (P.L. 480),
  • the McGovern-Dole International Food for Education and Child Nutrition Program, and
  • the Commodity Credit Corporation Export (Loans) Credit Guarantee Program Account.

TITLE VI--RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

This title provides appropriations to

  • the Department of Health and Human Services for the Food and Drug Administration (FDA), and
  • the Farm Credit Administration.

TITLE VII--GENERAL PROVISIONS

(Sec. 701) This section permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.

(Sec. 702) This section permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. It permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.

(Sec. 703) This section prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.

(Sec. 704) This section limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.

(Sec. 705) This section permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

(Sec. 706) This section prohibits USDA from using funds provided by this division to acquire new information technology systems or significant upgrades without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. It also (1) restricts the transfer of funds made available by this division to the CIO without prior approval of Congress, and (2) prohibits funds from being used for specified information technology projects without the approval of the CIO.

(Sec. 707) This section permits specified funds provided under the Federal Crop Insurance Act for the Agricultural Management Assistance Program in the current fiscal year to remain available until expended to disburse obligations made in the current fiscal year.

(Sec. 708) This section makes a former Rural Utility Service borrower who has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.

(Sec. 709) This section permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2020 for information technology expenses.

(Sec. 710) This section prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division in contravention of specified regulations.

(Sec. 711) This section provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014 (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) the use of the funds for this purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limits.

(Sec. 712) This section limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemakings or to evaluate competitively awarded grants.

(Sec. 713) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 714) This section limits the amount of Section 32 funds that may be used for certain domestic food assistance programs, including

  • Child Nutrition Programs Entitlement Commodities,
  • State Option Contracts,
  • Removal of Defective Commodities, and
  • Administration of Section 32 Commodity Purchases.

(Section 32 is a program created to assist producers of agricultural commodities not supported by other mandatory farm support programs. It is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs.)

This section also prohibits the use of Section 32 funds to reestablish farmers' purchasing power by making payments in connection with the normal production of any agricultural commodity for domestic consumption. It includes an exception for a limited amount of carryover funds.

(Sec. 715) This section prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 716) This section sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.

(Sec. 717) This section permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.

(Sec. 718) This section prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Department of Health and Human Services, or the Farm Credit Administration.

(Sec. 719) This section prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless the story includes a clear notification that it was prepared or funded by the agency.

(Sec. 720) This section prohibits USDA employees from being detailed or assigned from an agency funded by this division to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.

(Sec. 721) This section prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.

(Sec. 722) This section directs the agencies funded by this division to submit spending plans to Congress.

(Sec. 723) This section rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

(Sec. 724) This section requires USDA to continue an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)

(Sec. 725) This section permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. USDA must notify Congress before implementing an increase under this section.

(Sec. 726) This section provides that certain credit card refunds or rebates transferred to the Working Capital Fund (1) shall not be available for obligation without congressional approval; and (2) shall only be available for the acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.

(Sec. 727) This section prohibits funds provided by this division from be used for the variety requirements of the final USDA rule titled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule.

Until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.

(Sec. 728) This section prohibits funds provided by this division from being used (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp or seeds of such plant, that is grown or cultivated in accordance with the Agricultural Act of 2014, within or outside the state in which it is grown or cultivated.

(Sec. 729) This section sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.

(Sec. 730) This section prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.

(Sec. 731) This section prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Such a submission is deemed not to have been received, and the exemption may not go into effect.

(Sec. 732) This section prohibits funds from being used to carry out provisions of the final FDA rule titled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process.

(Sec. 733) This section specifies that funds made available under title II of the Food for Peace Act may only be used to provide assistance to recipient nations if adequate monitoring and controls are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.

(Sec. 734) This section prohibits the Food and Nutrition Service from beginning any new research and evaluation projects until a research and evaluation plan for FY2019 is submitted to Congress.

(Sec. 735) This section provides additional funds to remain available until expended for the Rural Energy Savings Program. (The program helps rural families and small businesses achieve cost savings by providing loans to consumers to implement durable cost-effective energy efficiency measures.)

USDA may allow eligible entities or comparable entities that provide energy efficiency services using their own billing mechanism to offer loans (1) to customers in any part of their service territory, and (2) to replace a manufactured housing unit with another manufactured housing unit, if replacement would be more cost effective in saving energy.

(Sec. 736) USDA must conduct and make publicly available audits in a manner that evaluates the following factors in the country or region being audited

  • veterinary control and oversight,
  • disease history and vaccination practices,
  • livestock demographics and traceability,
  • epidemiological separation from potential sources of infection,
  • surveillance practices,
  • diagnostic laboratory capabilities, and
  • emergency preparedness and response.

(Sec. 737) This section prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to compliance dates that the FDA specified in regulations.

(Sec. 738) This section permits the Agricultural Research Service and the Animal and Plant Health Inspection Service to make up to 50 appointments in any fiscal year during FY2019-FY2025 for employees of the agencies at the National Bio- and Agro-defense Facility in Manhattan, Kansas.

(Sec. 739) This section provides appropriations for USDA to carry out a pilot program that provides forestry inventory analysis, forest management, and economic outcomes modeling for certain currently enrolled Conservation Reserve Program participants.

USDA must allow the Commodity Credit Corporation to enter into agreements with and provide grants to qualified nonprofit organizations dedicated to conservation, forestry and wildlife habitats that also have experience in conducting accurate forest inventory analysis through the use of advanced, cost-effective technology.

(Sec. 740) This section provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands, under the Water Bank Act.

(Sec. 741) This section appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.

(Sec. 742) This section prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.

(Sec. 743) This section provides additional appropriations to the Commodity Credit Corporation for the Food for Progress program.

(Sec. 744) This section prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States. The section also specifies exceptions and waiver procedures.

(Sec. 745) This section directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.

(Sec. 746) This section provides appropriations to remain available until expended for a pilot program for USDA to award grants to nonprofit organizations and public housing authorities to provide technical assistance to Rural Housing Service (RHS) multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where there is a risk of loss of affordable housing. The grants must be used to assist acquisitions by nonprofit housing organizations and public housing authorities that commit to keeping the properties in the RHS multi-family housing program for a period of time determined by USDA.

(Sec. 747) This section prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 748) This section requires USDA to establish a pilot program to permit state Farm Service Agency offices to make county-level payments to agricultural producers under the Agriculture Risk Coverage Program using an alternate calculation method if it is necessary to ensure that there are not significant yield calculation disparities between comparable counties in the state. It also specifies requirements for the alternative calculation method and provides appropriations for the program.

(Sec. 749) This section prohibits funds provided by this division from being used to procure raw or processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.

(Sec. 750) This section prohibits funds from being used to inspect horses for slaughter purposes.

(Sec. 751) This section permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.

(Sec. 752) This section requires at least 10% of the funds provided by this division for specified Rural Development programs to be allocated for assistance in persistent poverty counties. A "persistent poverty county" is a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the decennial censuses.

(Sec. 753) This section prohibits USDA from using funds to finalize the proposed rule titled "Eligibility of the People's Republic of China (PRC) to Export to the United States Poultry Products from Birds Slaughtered in the PRC" unless USDA meets specified requirements, including ensuring that the poultry slaughter inspection system for the PRC is equivalent to that of the United States.

(Sec. 754) This section provides appropriations for the Farm to School Grant Program. (The program provides competitive grants and technical assistance to implement farm-to-school programs that improve access to local foods in eligible schools.)

(Sec. 755) This section prohibits the FDA from using funds provided by this division to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed.

(Sec. 756) This section provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities.

(Sec. 757) This section provides additional funds to the Animal and Plant Health Inspection Service to remain available through FY2020 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.

(Sec. 758) This section prohibits the FDA from using funds to enforce the rule titled "Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption" with respect to the regulation of the production, distribution, sale, or receipt of grapes that are grown, harvested, and used solely for wine and receive commercial processing that adequately reduces the presence of microorganisms of public health significance.

(Sec. 759) This section prohibits funds provided by this division from being used to revoke an exception made (1) under the Grain Inspection, Packers and Stockyards Administration rule titled "Exceptions to Geographic Areas for Official Agencies Under the USGSA"; and (2) before April 14, 2017. (The rule established criteria to allow more than one designated official agency to inspect or weigh grain within a single geographic area.)

(Sec. 760) This section provides that, for the 2019-2020 school year, only school food authorities with a negative balance in the nonprofit school food service account as of December 31, 2018, are required to establish a price for paid lunches using the formula specified under current law (known as Paid Lunch Equity requirements).

(Sec. 761) This section provides appropriations for telemedicine and distance learning services in rural areas to help address the opioid epidemic in rural America.

(Sec. 762) This section provides additional appropriations for the broadband loan and grant pilot program that was established in the Consolidated Appropriations Act, 2018.

(Sec. 763) This section provides additional appropriations for direct loans and grants made under the Rural Water and Waste Disposal Program account.

(Sec. 764) This section provides appropriations to the National Institute of Food and Agriculture to remain available through FY2020 for a pilot program to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.

(Sec. 765) This section requires the FDA to finalize by September 30, 2019, the draft guidance for industry titled "Bacterial Risk Control Strategies for Blood Collection Establishments and Transfusion Services to Enhance the Safety and Availability of Platelets for Transfusion"

(Sec. 766) This section requires USDA to report to Congress regarding (1) the process used to establish the 2020-2025 Dietary Guidelines for Americans, and (2) the decision to incorporate or include certain recommendations from the report by the National Academies of Science, Engineering, and Medicine titled "Redesigning the Process for Establishing the Dietary Guidelines for Americans" and issued in September 2017.

(Sec. 767) This section prohibits funds provided by this division from being used to implement, administer, or enforce the requirement in the rule titled "Food Labeling: Revision of the Nutrition and Supplement Facts Labels" that any single ingredient sugar, honey, agave, or syrup (including maple syrup) that is packaged and offered for sale as a single ingredient food bear the declaration "Includes 'X'g Added Sugars."

(Sec. 768) This section prohibits funds from being used to implement a portion of a School Breakfast Program regulation that limits substituting fruits with certain vegetables.

(Sec. 769) This section requires USDA to provide technical assistance to any state or county impacted by a volcanic eruption covered by major disaster declared by the President in 2018. The technical assistance is for (1) assessing damage to agricultural production and rural infrastructure; and (2) developing recovery plans for impacted farmers, ranchers, and rural communities.

(Sec. 770) This section requires USDA, in coordination with the National Oceanic and Atmospheric Administration, to establish a working group to study and report to Congress on specified issues related to ocean farming practices.

(Sec. 771) This section requires USDA to report to Congress on (1) ways in which conservation programs administered by the Natural Resources Conservation Service (NRCS) may be better used for the conservation of ocelots (Leopardus pardalis), and (2) actions taken by the NRCS relating to the conservation of ocelots.

(Sec. 772) This section requires the Rural Housing Service (RHS) to submit to Congress a report including

  • specified details regarding properties assisted under title V of the Housing Act of 1949 that are reaching the end of their loan term,
  • the strategy to preserve the long-term affordability of the properties when the loan matures, and
  • a description of the resources and tools that the RHS needs from Congress to preserve the long-term affordability of the properties.

(Sec. 773) This section requires the FDA to use funds to revise the advice provided in the notice of availability titled "Advice About Eating Fish, From the Environmental Protection Agency and Food and Drug Administration; Revised Fish Advice; Availability" in a manner that is consistent with nutrition science recognized by FDA on the net effects of seafood consumption.

(Sec. 774) This section provides additional appropriations to the National Institute of Food and Agriculture for grants to the 1890 Institutions to support the Centers of Excellence.

(Sec. 775) This section modifies a date related to entitlement purchases for the child nutrition programs to ensure that trade aid purchases do not count toward the required level for commodity assistance.

(Sec. 776) This section prohibits the FDA from allowing the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.

(Sec. 777) This section provides appropriations for Food for Peace Title II grants and specifies that the funds may be used for both emergency and non-emergency purposes.

(Sec. 778) This section provides appropriations to the Farm Service Agency to make payments to producers impacted by an oriental fruit fly quarantine. It also rescinds specified unobligated balances from USDA.

(Sec. 779) This section specifies requirements for administering the broadband loan and grant pilot program established by the Consolidated Appropriations Act, 2018. USDA must (1) allow applicants that are determined to be ineligible for the program to appeal the determination in a timely fashion, and (2) exclude certain loans when determining whether an entity may overbuild or duplicate broadband expansion efforts made by any entity that has received a broadband loan from the Rural Utilities Service.

(Sec. 780) This section provides additional appropriations for loans and grants authorized under the Rural Microentrepreneur Assistance Program.

DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019

This division provides FY2019 appropriations to the Department of Commerce, the Department of Justice (DOJ), science agencies, and several related agencies.

The division funds agencies with a wide range of responsibilities for issues such as

  • addressing violent crime, drug trafficking, financial fraud, terrorism, espionage, and cybercrime;
  • conducting the census;
  • forecasting the weather;
  • managing fisheries;
  • exploring space;
  • advancing science;
  • providing legal services for the poor;
  • enforcing employment discrimination laws; and
  • overseeing patents, trademarks, and trade policy.

TITLE I--DEPARTMENT OF COMMERCE

This title provides appropriations to the Department of Commerce for

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration, and
  • the U.S. Patent and Trademark Office.

The title provides appropriations to the National Institute of Standards and Technology (NIST) for

  • Scientific and Technical Research and Services,
  • Industrial Technology Services, and
  • Construction of Research Facilities.

The title provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • the Fishermen's Contingency Fund;
  • Fishery Disaster Assistance; and
  • the Fisheries Finance Program Account.

The title provides appropriations for Departmental Management for (1) Salaries and Expenses, and (2) the Office of Inspector General.

(Sec. 101) This section permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) This section permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) This section permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. It also requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.

(Sec. 104) This section extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.

It also specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.

(Sec. 105) This section permits Commerce to (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund that bears the cost of the services.

(Sec. 106) This section specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) This section permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) This section prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Any charge must be limited to the service's cost.

(Sec. 109) This section permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.

(Sec. 110) This section permits the Economic and Statistics Administration, the Bureau of Economic Analysis, and the Census Bureau to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.

(Sec. 111) This section permits funds to be used for certain law enforcement activities conducted by states under a joint enforcement agreement entered into pursuant to the Magnuson-Stevens Fishery Conservation and Management Act.

(Sec. 112) This section modifies the requirements for using funding that was provided to NOAA by the Further Additional Supplemental Appropriations for Disaster Relief Requirements Act, 2018 for expenses related to the consequences of Hurricanes Harvey, Irma, and Maria.

TITLE II--DEPARTMENT OF JUSTICE

Department of Justice Appropriations Act, 2019

This title provides FY2019 appropriations to the Department of Justice (DOJ).

The title provides appropriations to DOJ for General Administration, including

  • Salaries and Expenses,
  • Justice Information Sharing Technology,
  • the Executive Office for Immigration Review, and
  • the Office of Inspector General.

The title provides appropriations to the U.S. Parole Commission.

The title provides appropriations for Legal Activities, including

  • General Legal Activities,
  • the Antitrust Division,
  • the U.S. Attorneys,
  • the U.S. Trustee System Fund,
  • the Foreign Claims Settlement Commission,
  • Fees and Expenses of Witnesses,
  • the Community Relations Service, and
  • the Assets Forfeiture Fund.

The title provides appropriations to the U.S. Marshals Service for

  • Salaries and Expenses,
  • Construction, and
  • Federal Prisoner Detention.

The title provides appropriations to DOJ for

  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration (DEA);
  • the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and
  • the Federal Prison System.

The title provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

The title provides appropriations to the Office of Justice Programs for

  • Research, Evaluation, and Statistics;
  • State and Local Law Enforcement Assistance;
  • Juvenile Justice Programs; and
  • Public Safety Officer Benefits.

The title provides appropriations for Community Oriented Policing Services (COPS) programs.

(Sec. 201) This section provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) This section prohibits funds provided by this title from being used to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest.

(Sec. 203) This section prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) This section specifies that (1) section 203 of this division does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

(Sec. 205) This section sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.

(Sec. 206) This section prohibits the FBI or the Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 207) This section prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Exceptions are included for inmate training, religious, or educational programs.

(Sec. 208) This section prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 209) This section requires DOJ to follow reprogramming procedures for (1) any deviation from the program amounts specified in this division or the explanatory statement, or (2) for any use of deobligated balances of funds provided by this title in previous years.

(Sec. 210) This section prohibits funds provided by this division from being used for a public-private competition for work performed by employees by the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 211) This section prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 212) This section permits specified grant and reimbursement program funds made available to the Office of Justice Programs to be used for training and technical assistance. It also permits specified funds to be used for criminal justice research, evaluations, and statistics by the National Institute of Justice and the Bureau of Justice Statistics for the grant or reimbursement programs.

(Sec. 213) This section permits DOJ to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; and drug treatment programs.

(Sec. 214) This section waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 215) This section prohibits funds, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 216) This section establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund.

(Sec. 217) This section permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.

TITLE III--SCIENCE

Science Appropriations Act, 2019

This title provides appropriations to (1) the Office of Science and Technology Policy, and (2) the National Space Council.

The title provides appropriations to the National Aeronautics and Space Administration (NASA) for

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Science, Technology, Engineering, and Mathematics Engagement;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

The title includes administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.

No more than 50% of the funds provided by this division for Lunar Orbital Platform; Advanced Cislunar and Surface Capabilities; Commercial LEO Development; and Lunar Discovery and Exploration, excluding the Lunar Reconnaissance Orbiter, may be obligated until NASA submits a multi-year plan to Congress.

The title provides appropriations to the National Science Foundation (NSF) for

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • Education and Human Resources,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of Inspector General.

The title establishes requirements for the transfer or reprogramming of funds provided by this division to the NSF.

The title also establishes congressional notification requirements regarding any planned divestment through transfer, decommissioning, termination, or deconstruction of any NSF-owned facilities or any NSF capital assets (including land, structures, and equipment) valued greater than $2.5 million.

TITLE IV--RELATED AGENCIES

This title provides appropriations for related agencies, including

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

The title specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

(Sec. 501) This section prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the division.

(Sec. 503) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or executive order.

(Sec. 504) This section provides that if any provision of this division or the application of the provision is held invalid, the remainder of the division is not affected.

(Sec. 505) This section establishes restrictions and requirements for the reprogramming of funds provided by this division.

(Sec. 506) This section prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. It also requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) This section requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) This section requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. It also (1) provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures; and (2) specifies that this section applies to Commerce actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) This section prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) This section establishes obligation limits for funds from the Crime Victims Fund. It also requires specified funds to be provided to (1) the DOJ Office of Inspector General for oversight and auditing purposes, and (2) the Office for Victims of Crime for grants to Indian tribes to improve services for victims of crime.

(Sec. 511) This section prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided, or of the parents or legal guardians of the students.

(Sec. 512) This section prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.

(Sec. 513) This section establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this division.

(Sec. 514) This section prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire certain information systems unless the agency has

  • reviewed the supply chain risk for the information systems against criteria developed by NIST and the FBI,
  • reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other agencies,
  • conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of the system,
  • developed a mitigation strategy for any identified risks, and
  • determined that the acquisition is in the national interest.

(Sec. 515) This section prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 516) This section prohibits funds from being used to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.

(Sec. 517) This section prohibits funds from being used to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 518) This section prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 519) This section prohibits funds provided by this division from being used to authorize or issue a national security letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 520) This section requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 521) This section deems funds provided by this division for intelligence or intelligence-related activities as authorized by Congress during FY2019 until the enactment of the Intelligence Authorization Act for FY2019.

(Sec. 522) This section prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code, and has no unpaid federal tax assessment.

(Sec. 523) This section rescinds specified unobligated balances from prior appropriations to DOJ and Commerce and requires the departments to submit reports to Congress regarding the rescissions.

(Sec. 524) This section provides for the rescission and transfer of funds from several defunct NASA accounts.

(Sec. 525) This section prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 526) This section prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.

(Sec. 527) This section prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 528) This section prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 529) This section requires the Office of Management and Budget to direct departments, agencies, and instrumentalities funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 530) This section prohibits NASA, the Office of Science and Technology Policy, or the National Space Council from using funds provided by this division to engage in bilateral activities with China or a Chinese-owned company or host official Chinese visitors at certain facilities unless the activities are authorized by subsequent legislation or the agency has made a specified certification to Congress regarding an activity.

(Sec. 531) This section prohibits funds from being used to deny or fail to act on application for the importation of any shotgun model if (1) all other requirements of law with respect to the proposed importation are met, and (2) no application for the importation of models in the same configuration had been denied by DOJ prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 532) This section prohibits funds provided by this division from being used for a computer network that does not block pornography, except for law enforcement purposes.

(Sec. 533) This section requires specified agencies funded by this division to submit spending plans to Congress.

(Sec. 534) This section prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 535) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.

(Sec. 536) This section prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.

(Sec. 537) This section prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, the Northern Mariana Islands, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.

(Sec. 538) This section requires Commerce, NASA, NSF, and the Office of Science and Technology Policy to report monthly to Congress on official travel of employees to China.

(Sec. 539) This section requires at least 10% of the funds provided by this division for specified programs to be allocated for assistance in persistent poverty counties. A "persistent poverty county" is a county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates.

(Sec. 540) This section limits the formulation and the development costs for the James Webb Space Telescope.

(Sec. 541) This section prohibits funds provided by this division from being used during FY2019 to prepare for the shutdown of the Stratospheric Observatory for Infrared Astronomy.

DIVISION D--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 the District of Columbia.

TITLE I--DEPARTMENT OF THE TREASURY

Department of the Treasury Appropriations Act, 2019

This title 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.

The title 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.

The title provides appropriations to the Internal Revenue Service (IRS) for

  • Taxpayer Services,
  • Enforcement,
  • Operations Support, and
  • Business Systems Modernization.

(Sec. 101) This section permits the IRS to transfer IRS appropriations provided by this division to other IRS accounts with the advance approval of Congress. The transfers may not exceed (1) 4% of IRS appropriations provided by this division for Enforcement, and (2) 5% of any other IRS appropriation provided by this division.

(Sec. 102) This section 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) This section requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayer information and protect taxpayers against identity theft.

(Sec. 104) This section makes funds available for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers. The IRS must 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) This section 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) This section 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) This section prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.

(Sec. 108) This section 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) This section 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) This section prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.

(Sec. 111) This section 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) This section 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. 113) This section permits Treasury to use funds provided by this division for

  • uniforms,
  • 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. 114) This section permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 115) This section permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 116) This section bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 117) This section 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. It also requires the transferred amounts to be reimbursed from debt collections received in the fund.

(Sec. 118) This section prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 119) This section prohibits funds from being used to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 120) This section 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. 121) This section 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. 122) This section requires Treasury to submit a capital investment plan to Congress.

(Sec. 123) This section requires Treasury to report to Congress on the Franchise Fund.

(Sec. 124) This section 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. 125) This section requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

(Sec. 126) This section 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. 127) This section permits the Bureau of Engraving and Printing Fund to be used for the acquisition of necessary land for, and construction of, a replacement currency production facility.

TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Executive Office of the President Appropriations Act, 2019

This title 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) This section permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.

(Sec. 202) This section 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

This title 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) This section 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) This section permits certain transfers of funds between judiciary accounts if Congress is notified and other specified requirements are met.

(Sec. 303) This section 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) This section permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.

(Sec. 305) This section continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.

(Sec. 306) This section extends several temporary judgeships.

TITLE IV--DISTRICT OF COLUMBIA

District of Columbia Appropriations Act, 2019

This title provides FY2019 appropriations to the District of Columbia, 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,
  • Testing and Treatment of HIV/AIDS, and
  • the District of Columbia Water and Sewer Authority.

The title also provides local funds for the operation of the District out of the General Fund of the District of Columbia.

TITLE V--INDEPENDENT AGENCIES

This title provides appropriations for independent agencies, including

  • the Administrative Conference of the United States,
  • the Commodity Futures Trading Commission,
  • 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,
  • Morris K. Udall and Stewart L. Udall Foundation,
  • 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 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.

The title 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) This section 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) This section 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) This section permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 521) This section 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) This section requires the FY2020 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) This section 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 for any agency that does not pay the assessed rent.

(Sec. 524) This section 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) This section 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) This section 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) This section requires the GSA to report to Congress regarding the implementation of requirements in the National Defense Authorization Act for Fiscal Year 2018 to establish a program to procure commercial products through commercial e-commerce portals.

(Sec. 530) This section permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 531) This section rescinds specified unobligated funds that were provided to the Business Loans Program Account for the Certified Development Company Program.

(Sec. 532) This section repeals the SBA Expedited Disaster Assistance Loan Program.

(Sec. 533) This section allows the SBA to transfer specified funds to the SBA Information Technology System Modernization and Working Capital Fund authorized by the National Defense Authorization Act for Fiscal Year 2018.

TITLE VI--GENERAL PROVISIONS--THIS ACT

(Sec. 601) This section 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) This section 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) This section 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) This section 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) This section requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.

(Sec. 606) This section requires entities receiving funds provided by this division to comply with the Buy American Act.

(Sec. 607) This section prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.

(Sec. 608) This section provides authority, restrictions, and requirements for reprogramming. It also 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) This section 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) This section 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) This section makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.

(Sec. 612) This section 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) This section 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) This section 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) This section waives Buy American Act restrictions for commercial information technology acquired by the federal government.

(Sec. 616) This section 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) This section 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 on emerging regulatory issues.

(Sec. 618) This section requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. It also 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) This section 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) This section permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.

(Sec. 621) This section 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. 622) This section 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. 623) This section 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. It also requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.

(Sec. 624) This section prohibits funds provided by this division from being used in contravention of the Federal Records Act.

(Sec. 625) This section 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. 626) This section prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.

(Sec. 627) This section 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. It also requires each IG to comply with specified statutory limitations on disclosure of the information provided.

(Sec. 628) This section prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks pornography. It 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. 629) This section 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. 630) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.

(Sec. 631) This section specifies restrictions and congressional notification requirements for spending on conferences.

(Sec. 632) This section prohibits funds provided by this division from being used for first-class or business-class travel by employees of executive branch agencies, in contravention of specified regulations.

(Sec. 633) This section provides additional appropriations for the Inspectors General Council Fund for expenses related to http://www.oversight.gov.

TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE

(Sec. 701) This section 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) This section establishes price limitations on vehicles purchased by the federal government and specifies exceptions.

(Sec. 703) This section permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.

(Sec. 704) This section prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.

(Sec. 705) This section 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) This section 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) This section permits funds provided to certain government corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.

(Sec. 708) This section prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.

(Sec. 709) This section prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.

(Sec. 710) This section 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) This section permits interagency funding of national security and emergency preparedness telecommunications initiatives that benefit multiple federal departments, agencies, or entities.

(Sec. 712) This section requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. It includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.

(Sec. 713) This section 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) This section prohibits funds from being used for certain types of employee training, such as training that is not directly related to the performance of official duties.

(Sec. 715) This section 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) This section prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.

(Sec. 717) This section 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) This section prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.

(Sec. 719) This section directs agency employees to use official time in an honest effort to perform official duties. It also 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) This section 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) This section 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) This section permits a woman to breastfeed her child at any location in a federal building or on federal property if the woman and child are authorized to be there.

(Sec. 723) This section 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) This section requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.

(Sec. 725) This section prohibits the use of funds to monitor personal information relating to the use of federal Internet sites, subject to specified exceptions.

(Sec. 726) This section prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. It also (1) includes exemptions for certain religious plans, and (2) prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.

(Sec. 727) This section 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) This section 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) This section prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.

(Sec. 730) This section 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. The Federal Law Enforcement Training Center may obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 731) This section 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. 732) This section prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 733) This section prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. It also (1) requires a waiver if necessary for national security, and (2) includes an exemption for contracts entered into prior to enactment of this division and task orders issued pursuant to the contracts.

(Sec. 734) This section 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. 735) This section 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. 736) This section 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. 737) This section limits pay increases for certain categories of prevailing rate employees.

(Sec. 738) This section 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. 739) This section 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. 740) This section prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 741) This section prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.

(Sec. 742) This section 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. 743) This section prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 744) This section 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. 745) This section 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. 746) This section requires the Consumer Financial Protection Bureau to notify Congress of any request for a transfer of funds from the Federal Reserve Board.

(Sec. 747) This section 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. 748) This section provides a pay increase for federal employees.

(Sec. 749) This section limits pay increases for the Vice President and certain senior political appointees to 1.9%.

(Sec. 750) This section 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

This title sets forth permitted and prohibited uses of funds appropriated by this division for the District of Columbia.

(Sec. 801) This section appropriates District of Columbia funds for making refunds and paying legal settlements or judgments against the District government.

(Sec. 802) This section prohibits federal funds provided by this division from being used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any state legislature.

(Sec. 803) This section establishes reprogramming procedures for federal and local funds.

(Sec. 804) This section prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.

(Sec. 805) This section requires official vehicles provided to any District officer or employee to be used only for official duties.

(Sec. 806) This section prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District.

(Sec. 807) This section prohibits the use of federal funds provided by this division to 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.

(Sec. 808) This section specifies that nothing in this division prevents the District Council or Mayor from addressing contraceptive coverage by health insurance plans. It also 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) This section 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).

The section also prohibits funds available to the District 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) This section prohibits funds available to the District 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) This section requires the District 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) This section requires the CFO to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.

(Sec. 813) This section permits the District to reprogram or transfer funds between operating funds and capital and enterprise funds. The District may not transfer or reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

(Sec. 814) This section prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.

(Sec. 815) This section permits up to 50% of unobligated balances available at the end of FY2019 from federal appropriations for salaries and expenses to remain available through FY2020, subject to congressional approval and reprogramming guidelines.

(Sec. 816) This section appropriates local funds to the District for FY2020 if no continuing resolution or regular appropriation for the District is in effect. It provides the funds under the same authorities, conditions, and manner as provided for FY2019.

(Sec. 817) This section reduces the income threshold to $500,000 for the District of Columbia Tuition Assistance Grant Program for individuals who begin an undergraduate course of study in or after the 2019-2020 school year. The District must adjust the limit for inflation beginning with 2020-2021 school year.

(Sec. 818) This section 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.

DIVISION E--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

This title 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.

The title rescinds specified unobligated funds that were provided for land acquisition and derived from the Land and Water Conservation Fund.

Funds provided by this division may not be 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.

The title provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for

  • Resource Management,
  • Construction,
  • 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.

The title rescinds specified unobligated funds that were provided to the USFWS for

  • Construction,
  • the Cooperative Endangered Species Conservation Fund, and
  • grants under the Coastal Impact Assistance Program.

The title provides appropriations to the National Park Service (NPS) for

  • Operation of the National Park System,
  • National Recreation and Preservation,
  • the Historic Preservation Fund,
  • Construction,
  • Land Acquisition and State Assistance, and
  • the Centennial Challenge.

The title 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.

The NPS may 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.

NPS funds may 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.

The title provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.

The title provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.

The title provides appropriations to the Bureau of Safety and Environmental Enforcement for (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.

The title provides appropriations to the Office of Surface Mining Reclamation and Enforcement for (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.

The title provides appropriations to the Bureau of Indian Affairs (BIA) and the Bureau of Indian Education (BIE) for

  • Operation of Indian Programs,
  • Contract Support Costs,
  • Construction,
  • Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
  • the Indian Guaranteed Loan Program Account.

The title also

  • 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 formula to be used to distribute indirect and administrative costs to certain tribes; and
  • prohibits funds provided by this division from being used to establish satellite locations of schools in the Bureau school system as of September 1, 1996, with specified exceptions.

The title 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.

At the request of the governor of Guam, Interior may transfer certain funds that are allocated for Guam to the Department of Agriculture for the costs of direct and guaranteed loans authorized for construction and repair projects in Guam.

The title 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, and
  • the Office of Natural Resources Revenue.

The title also (1) permits the Working Capital Fund to be used to acquire aircraft by donation, purchase or through available excess surplus property; and (2) permits the existing aircraft being replaced to be sold, with proceeds derived or trade-in value used to offset the purchase price for the replacement aircraft.

(Sec. 101) This section permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.

(Sec. 102) This section provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.

(Sec. 103) Interior may 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) Funds provided by this division may be transferred 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) Interior may 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. 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) This section 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) This section requires Interior to collect specified Outer Continental Shelf inspection fees.

(Sec. 108) Interior may transfer funds to implement a reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.

(Sec. 109) Interior may 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) The USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, must implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.

(Sec. 111) The BIA and the BIE, in carrying out work involving cooperation with state, local, and tribal governments, may 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. 112) Interior may 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. Any animal transferred loses its status as a wild free-roaming horse or burro. Any agency receiving the animals may not (1) destroy, sell, or otherwise transfer them in a way that results in their destruction for processing into commercial products; or (2) euthanize the horses or burros except upon the recommendation of a licensed veterinarian, in cases of severe injury, illness, or advanced age.

(Sec. 113) This section 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. It also specifies requirements for the agreements.

(Sec. 114) This section extends through FY2024 the authority of Interior to accept public and private contributions to conduct work in support of the orderly exploration and development of Outer Continental Shelf resources, including the preparation of environmental documents.

(Sec. 115) This section retitles the Indiana Dunes National Lakeshore as the "Indiana Dunes National Park." It also renames the Miller-Woods Trail located in the park as the "Paul H. Douglas Trail."

(Sec. 116) This section provides FY2019 funding for the Payment in Lieu of Taxes (PILT) program.

(Sec. 117) This section extends the authorities for Interior to make grants or provide assistance for

  • the Tennessee Civil War Heritage Area,
  • the August Canal National Heritage Area, and
  • the South Carolina National Heritage Corridor.

(Sec. 118) This section designates a specified rest area within the George Washington Memorial Parkway as the "Peter B. Webster III Memorial Area."

(Sec. 119) This section requires funds provided to Interior by this division to be available for obligation and expenditures within 60 days of the enactment of this division.

(Sec. 120) This section prohibits funds from being used to write or issue certain rules for the sage-grouse pursuant to the Endangered Species Act of 1973.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

This title provides appropriations to the Environmental Protection Agency (EPA) for

  • Science and Technology,
  • Environmental Programs and Management,
  • the Hazardous Waste Electronic Manifest System Fund,
  • 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.

The title 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;
  • collect and spend pesticide registration service fees;
  • transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative;
  • enter into interagency agreements and provide grants to certain entities to support the Great Lakes Restoration Initiative;
  • use specified funds for the construction, alteration, repair, rehabilitation, and renovation of facilities;
  • 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); and
  • use funds provided for Environmental Programs and Management to provide grants to implement the Southeastern New England Watershed Restoration Program.

This title rescinds specified funds from the State and Tribal Assistance Grants account.

Notwithstanding certain limitations included in the Clean Water Act, the EPA must make at least $1 million of the funds provided for the National Estuary Program available for certain competitive grants.

TITLE III--RELATED AGENCIES

This title provides appropriations to the Department of Agriculture (USDA) for the Office of the Under Secretary for Natural Resources and Environment.

The title 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.

The title rescinds specified land acquisition funds from projects with cost savings or failed or partially failed projects that had funds returned.

Forest Service appropriations may 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.

This title specifies authorities and requirements for transferring funds to or from the Wildland Fire Management account.

Forest Service appropriations may be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.

Forest Service appropriations may 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.

Forest Service appropriations may not be transferred using authority provided in several specified statutory provisions.

Forest Service appropriations may not be reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division.

This title limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).

Specified funds may be used for projects to be carried out by the Youth Conservation Corps under the authority of the Public Lands Corps Act of 1993.

The Chief of the Forest Service may use specified funds for official reception and representation expenses.

Specified funds may be used to provide matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.

Funds may be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.

Forest Service appropriations may be used for payments to counties within the Columbia River Gorge National Scenic Area.

Forest Service appropriations may 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.

The Forest Service may not assess funds for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning.

Specified funds may 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.

The title permits an individual employed under any project funded under title V of the Older Americans Act of 1965 to be considered a federal employee.

The Forest Service must provide quarterly reports to Congress regarding unobligated balances.

The title 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.

It also 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.

The title 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 U.S. 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) This section 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) This section 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) This section requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.

(Sec. 404) This section 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.

Interior must 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.

Upon the request of a patent applicant, Interior must allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. The BLM must be responsible for selecting and paying the third-party contractor.

(Sec. 405) This section extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.

(Sec. 406) This section limits the use of FY2019 funds for contract support costs on Indian contracts.

(Sec. 407) This section 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) This section 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. It includes an exception for activities allowed under the presidential proclamation establishing the monument.

(Sec. 409) This section 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. It 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) This section sets forth requirements regarding the sale of timber from a specified region in Alaska.

(Sec. 411) This section 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) This section 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. 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) This section establishes grant guidelines for the NEA.

(Sec. 414) This section establishes priorities for programs administered by the NEA.

(Sec. 415) This section 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) This section 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) This section 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) This section 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) This section extends 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) This section extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 421) This section prohibits funds provided by this division from being used to maintain or establish a computer network unless the network blocks access to pornography websites. It includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.

(Sec. 422) This section extends the authority for conveyances of certain Forest Service administrative sites.

(Sec. 423) This section 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. 424) This section 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. 425) This section authorizes FY2019 appropriations for the John F. Kennedy Center for the Performing Arts.

(Sec. 426) This section 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. 427) This section extends the authority of federal agencies to establish, collect, and retain fees on federal recreational lands and waters.

(Sec. 428) This section 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.

It also 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. 429) This section provides additional appropriations to the EPA for

  • Hazardous Substance Superfund,
  • State and Tribal Assistance Grants, and
  • the Water Infrastructure Finance and Innovation Program Account.

(Sec. 430) This section prohibits funds provided by this division from being used to implement or enforce certain EPA regulations for commercial and industrial solid waste incineration units with respect to small remote incinerators located in Alaska.

(Sec. 431) This section 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 agricultural activities.

DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2019

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019

This division provides FY2019 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development, and related agencies and programs.

The division includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance.

The division also includes additional Overseas and Contingency Operations (OCO)/ Global War on Terrorism funding which is exempt from discretionary spending limits.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

This title provides appropriations to the Department of State for the Administration of Foreign Affairs, including

  • Diplomatic Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan;
  • the International Center, Washington, District of Columbia; and
  • Payment to the Foreign Service Retirement and Disability Fund.

The title provides appropriations for International Organizations for (1) Contributions to International Organizations, and (2) Contributions for International Peacekeeping Activities.

The title provides appropriations for International Commissions, including

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

The title provides appropriations to the Broadcasting Board of Governors for (1) International Broadcasting Operations, and (2) Broadcasting Capital Improvements.

The title provides appropriations for Related Programs, including

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program,
  • the East-West Center, and
  • the National Endowment for Democracy.

The title provides appropriations for Other Commissions, including

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China,
  • the United States-China Economic and Security Review Commission, and
  • the Western Hemisphere Drug Policy Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

This title provides appropriations to the U.S. Agency for International Development (USAID) for

  • Operating Expenses,
  • the Capital Investment Fund, and
  • the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

This title provides appropriations to the President for

  • Global Health Programs;
  • Development Assistance;
  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • Development Credit Authority;
  • the Economic Support Fund;
  • the Democracy Fund; and
  • Assistance for Europe, Eurasia, and Central Asia.

The title provides appropriations to the State Department for (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

The title provides appropriations to Independent Agencies, including

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

The title provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

This title provides appropriation to the State Department and the President for International Security Assistance.

The title provides appropriations to the State Department for

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs; and
  • Peacekeeping Operations.

The title provides appropriations to the President for (1) International Military Education and Training, and (2) the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

This title provides appropriations to the President for International Organizations and Programs.

It also provides appropriations for International Financial Institutions, including payments to

  • the Global Environment Facility,
  • the International Development Association,
  • the Asian Development Fund,
  • the African Development Bank,
  • the African Development Fund, and
  • the International Fund for Agricultural Development.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

This title provides appropriations for Export and Investment Assistance to

  • the Export-Import Bank of the United States,
  • the Overseas Private Investment Corporation, and
  • the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

(Sec. 7001) This section permits funds provided by title I of this division to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) This section requires agencies funded by this division to submit to Congress reports on unobligated balances.

(Sec. 7003) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive Order issued pursuant to existing law.

(Sec. 7004) This section requires the State Department to notify Congress of each instance in which a federal department or agency is delinquent in providing the full amount of funding required with respect to the share of the costs of constructing and using new diplomatic facilities. The section includes an exception for the U.S. Marine Corps.

The section sets forth congressional notification and consultation requirements with respect to the use of funds for the acquisition of property or award of construction contracts for overseas diplomatic facilities.

Funds provided by this division for Embassy Security, Construction, and Maintenance may be used to address security vulnerabilities at interim and temporary facilities abroad, subject to specified requirements.

The section requires congressional notification and consultation prior to the opening, closure, or any significant modification to an interim or temporary diplomatic facility.

Specified funds may be transferred to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, subject to congressional notification and consultation requirements.

Specified Embassy Security, Construction, and Maintenance funds may be made available for security upgrades to soft targets.

The section sets forth reporting requirements for specified projects, including the Erbil Consulate, the Beirut Embassy, the Jakarta Embassy, the Mexico City Embassy, and the New Delhi Embassy.

The State Department may not grant final approval for construction of a new facility or substantial construction to improve or expand an existing facility in the United States by or for China until it certifies that an agreement has been reached with China that permits secure resupply, maintenance, and new construction of U.S. facilities in China.

(Sec. 7005) This section requires costs incurred by departments or agencies funded in title I of this division due to personnel actions in response to funding reductions included in this division to be absorbed within the resources available under title I. It also permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) This section specifies requirements and restrictions regarding the use of funds for certain improvements to financial systems and the Working Capital Fund. It also requires the State Department to certify that individual bureaus and offices have complied with department and federal financial and grants management policies, procedures, and regulations.

(Sec. 7007) This section prohibits the use of funds provided by titles III through VI of this division to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria. The prohibition includes direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

(Sec. 7008) This section prohibits the use of funds provided by titles III through VI of this division to finance directly any assistance to the government of a country whose duly elected head of government is deposed by a military or military-supported coup or decree. It includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) This section sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts and agencies.

(Sec. 7010) This section prohibits funds provided by this division from being used for

  • first class travel by employees of agencies funded by this division;
  • certain computer networks unless access to pornography is blocked; or
  • promoting the sale or export of tobacco or tobacco products, or for seeking the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

(Sec. 7011) This section prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless expressly provided in this division, subject to specified exceptions.

(Sec. 7012) This section prohibits funds provided by titles III through VI of this division from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) This section prohibits funds provided by titles III through VI of this division from being used to provide assistance to a country unless the assistance is exempt from taxation, or is reimbursed, by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests. The section includes an exception for de minimis taxes.

The section requires funds that are withheld pursuant to this section to be reprogrammed for assistance for countries that (1) do not assess taxes on U.S. assistance or that have an arrangement to provide substantial reimbursement of such taxes, and (2) can reasonably accommodate the assistance in a programmatically responsible manner.

(Sec. 7014) This section permits specifically designated appropriations provided by titles III through VI of this division to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

It also extends the availability of program-specific appropriations for one fiscal year if the State Department or the USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

The section provides that (1) ceilings and specific funding levels included in this division are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this division.

(Sec. 7015) This section sets forth congressional notification requirements and procedures regarding the use, reprogramming, transfer, or withholding of funds provided by this division.

(Sec. 7016) This section prohibits funds provided by titles III through VI of this division from being made available to a nongovernmental organization, including a contractor, who fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the Stated Department or the USAID.

The section also prohibits specified funds provided by this division from being used for email accounts or email servers created outside of the .gov domain or not fitted for automated records management as part of a federal government records management program.

The section establishes reporting and other requirements related to federal records management and cybersecurity protections.

(Sec. 7017) This section requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this division based on constitutional grounds. The notification must include (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7018) This section prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) This section requires funds provided by this division to be made available for programs and countries in the amounts contained in the tables in the explanatory statement regarding this division. The section permits certain deviations from the amounts and specifies requirements and restrictions for the deviations.

(Sec. 7020) This section prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) This section prohibits specified funds from being used for assistance to governments that support international terrorism.

(Sec. 7022) This section permits funds provided by this division for the Trade and Development Agency to be spent, notwithstanding specified provisions that prohibit the obligation of funds for certain foreign assistance, intelligence, and broadcasting activities without a specific authorization of appropriations.

(Sec. 7023) This section defines the terms "program," "project," and "activity" for the purposes of this division.

(Sec. 7024) This section provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) This section prohibits specified funds provided by this division from being used for activities related to establishing or expanding the production of any commodity for export by foreign countries if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity, subject to specified exceptions.

Specified funds provided by this division may not be used for or any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Several specified activities, such as activities related to increasing food security or research, are exempt from this restriction

Treasury must instruct the U.S. executive directors of the international financial institutions to oppose assistance for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.

(Sec. 7026) This section directs the USAID to require countries that receive foreign assistance that results in the generation of local currencies or cash transfers to maintain the funds in separate accounts used to finance foreign assistance activities. It also sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) This section specifies that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance (1) in support of certain programs of nongovernmental organizations, and (2) under the Food for Peace Act.

It also provides that this provision does not alter prohibitions against funding for abortions, involuntary sterilizations, and countries that support international terrorism or violate human rights.

(Sec. 7028) This section sets forth the conditions under which the USAID may use funds provided by this division for limited competitions through local entities.

(Sec. 7029) This section requires the Department of the Treasury to instruct the U.S. executive director of certain international financial institutions to seek to require the institutions to meet specified requirements regarding

  • evaluations and reports on the effectiveness of loans, grants, and other activities;
  • human rights;
  • fraud and corruption;
  • beneficial ownership information; and
  • whistle-blower protections.

Treasury must direct the U.S. executive directors of the International Bank for Reconstruction and Development and the International Development Association to vote against any loan, grant, policy, or strategy if the institution has adopted and is implementing any social or environmental safeguard relevant to the loan, grant, policy, or strategy that provides less protection than specified World Bank safeguards.

Treasury must instruct the U.S. executive directors of financial institutions to vote against loans or financing for projects unless the projects

  • meet requirements for accountability and transparency;
  • will be developed and carried out in accordance with best practices regarding environmental conservation, cultural protection, and empowerment of local populations;
  • do not provide incentives for, or facilitate, forced displacement; and
  • do not partner with or otherwise involve enterprises owned or controlled by the Armed Forces.

Funds provided under title V of this division may not be used for international financial institutions while the U.S. executive director is compensated above specified levels.

(Sec. 7030) This section permits nongovernmental organizations that are USAID grantees or contractors to place local currencies that accrue to the organization as a result of economic assistance provided by title III of this division in interest bearing accounts in order to enhance the organization's participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) This section requires direct government-to-government assistance to be limited to recipient agencies and ministries that meet specified requirements regarding financial management, budget transparency, corruption, foreign terrorist organizations, and human rights violations.

The section also sets forth congressional reporting, notification, consultation requirements regarding government-to-government assistance.

The State Department or USAID must suspend direct government-to-government assistance if there is credible information of the material misuse of the assistance, unless it is in the national interest to continue the assistance or the misuse has been appropriately addressed.

None of the funds provided by this division may be used by foreign countries for debt service payments to any international financial institution.

The State Department must continue to update and strengthen the minimum requirements of fiscal transparency for each government receiving assistance provided by this division.

Officials of foreign governments and their immediate family members who have been involved in significant corruption or a gross violation of human rights are ineligible for entry into the United States, subject to specified exceptions and waivers.

Funds provided by this division shall be made available to promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources.

Treasury must inform international financial institutions of the U.S. policy of voting against assistance to countries for the extraction and export of natural resources unless certain requirements regarding public disclosures, accounting, and auditing are met.

Funds provided by this division shall be made available to support the provision of additional information on U.S. foreign assistance on State Department foreign assistance website.

(Sec. 7032) This section provides specified funds for democracy programs and specifies requirements for the allocation of the funds.

(Sec. 7033) This section provides appropriations for specified programs related to promoting international religious freedom.

(Sec. 7034) Specified funds provided by this division may be used for

  • victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking;
  • the World Food Program;
  • genocide victims memorial sites;
  • grants regarding the application of science and technology to foreign policy;
  • innovation incentive awards to encourage solutions related to the alleviation of poverty;
  • the Cultural Antiquities Task Force;
  • countering extremism;
  • contingencies; and
  • loan guarantees for Jordan, Ukraine, Iraq, and Tunisia.

Specified funds provided by this division may not be used for

  • modifying the Exchange Visitor Program except through a formal rulemaking process; and
  • the preservation of religious sites unless the sites are historically, artistically, or culturally significant; the purpose of the project is neither to advance nor to inhibit the free exercise of religion; and the project is in the U.S. national interest.

Specified funds provided by this division must be used for

  • forensic anthropology assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity;
  • DNA forensic technology programs to combat human trafficking in Central America and Mexico;
  • programs to prevent atrocities;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union; and
  • the USAID Local Works program.

The State Department must withhold specified funds for assistance for the central government of any country that is not taking appropriate steps to comply with the Convention on the Civil Aspects of International Child Abductions.

The State Department may transfer specified unobligated funds provided for Diplomatic Programs to the Protection of Foreign Missions and Officials account.

The State Department must implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees.

This section extends or provides authorities related to

  • passport fees;
  • incentives for critical posts;
  • the USAID civil service annuitant waiver;
  • overseas pay comparability and limitation;
  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church;
  • the lawful permanent resident status eligibility for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia;
  • the inspector general annuitant waiver;
  • accountability review boards;
  • competitive status for employees of the Special Inspector General for Afghanistan Reconstruction; and
  • loan guarantees for Israel.

Funds available in the HIV/AIDS Working Capital Fund may be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

(Sec. 7035) This section expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) This section establishes limitations on the use of funds provided under titles III through VI of this division to support a Palestinian state.

(Sec. 7037) This section restricts the use of funds provided by titles II through VI of this division to create a U.S. government office in Jerusalem to conduct U.S. government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles. It also specifies that the restriction does not apply to the acquisition of additional space for the existing Consulate General in Jerusalem.

(Sec. 7038) This section prohibits funds from being used for assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) This section sets forth restrictions and requirements for assistance provided for the West Bank and Gaza.

(Sec. 7040) This section restricts the use of specified funds provided by this division for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) This section sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in the Middle East and North Africa, including

  • Egypt,
  • Iran,
  • Iraq,
  • Jordan,
  • Lebanon,
  • Libya,
  • Morocco,
  • Syria,
  • Tunisia,
  • the West Bank and Gaza, and
  • Yemen.

(Sec. 7042) This section sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in Africa, including

  • the African Great Lakes region,
  • the Central African Republic,
  • areas affected by the Lord's Resistance Army,
  • the Lake Chad Basin Countries,
  • Malawi,
  • South Sudan,
  • Sudan, and
  • Zimbabwe.

(Sec. 7043) This section sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including

  • Burma (Myanmar),
  • Cambodia,
  • the implementation of the Indo-Pacific Strategy,
  • North Korea,
  • the People's Republic of China,
  • the Philippines,
  • Tibet, and
  • Vietnam.

(Sec. 7044) This section sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including

  • Afghanistan.
  • Nepal,
  • Pakistan,
  • Sri Lanka, and
  • Regional Programs.

(Sec. 7045) This section sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Latin America and the Caribbean, including

  • El Salvador, Guatemala, and Honduras;
  • Colombia;
  • Haiti; and
  • Venezuela.

(Sec. 7046) This section requires specified funds to be made available for assistance for Ukraine and Georgia.

Funds provided by this division may not be made available for a government of an independent state of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other independent state of the former Soviet Union, subject to a waiver for national security.

The section specifies exceptions to restrictions on providing assistance to the government of Azerbaijan.

Funds provided by this division may not be used to facilitate or support the sale of certain defense articles or defense services to the Turkish Presidential Protection Directorate (TPDD) under the Arms Export Control Act unless specified requirements are met.

(Sec. 7047) None of the funds provided by this division may be made available for assistance for the central government of (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea or other territory in Ukraine. The State Department may waive the restriction if the waiver is in the national interest.

None of the funds provided by this division may be made available for

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea or other territory in Ukraine;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea or other territory in Ukraine if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea or other territory in Ukraine that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

The Department of the Treasury must instruct the U.S. executive directors of each international financial institution to vote against any assistance by such institution for any program that violates the sovereignty or territorial integrity of Ukraine.

The requirements and limitations described above shall cease to be in effect if the government of Ukraine has reestablished sovereignty over Crimea and other territory in Ukraine under the control of Russian-backed separatists.

None of the funds provided by this division may be made available for (1) assistance for the central government of a country that has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia; or (2) support for the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

Treasury must instruct the U.S. executive directors of each international financial institution to vote against any assistance by such institution for any program that violates the sovereignty and territorial integrity of Georgia.

Specified funds provided by this division shall be made available for

  • carrying out the purposes of the Countering Russian Influence Fund,
  • advancing the implementation of Association Agreements and trade agreements with the European Union (EU) and to reduce their vulnerability to external economic and political pressure from Russia, and
  • supporting democracy programs in Russia and he democracy and rule of law strategy required under current law.

(Sec. 7048) This section limits the use of funds provided by this division for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

None of the funds provided by this division may be used for

  • any U.S. delegation or contribution to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism; and
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the council is in the U.S. national security interest and that the council is taking significant steps to remove Israel as a permanent agenda item.

Prior to using funds provided by this division for the U.N. Relief and Works Agency (UNRWA) the State Department must submit a specified report to Congress regarding the activities of the UNWRA, subject to a waiver for a humanitarian crisis.

None of the funds provided by titles III through VI of this division may be used for certain payments to U.N. members for assessments, arrearages, dues, or the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations.

Funds provided by this division shall be made available to implement requirements included in the Department of State Authorities Act, Fiscal Year 2017 for a U.S. strategy and implementation plan for combating sexual exploitation and abuse in U.N. peacekeeping operations.

The State Department must withhold assistance to any unit of the security forces of a foreign country if the unit has engaged in acts of sexual exploitation or abuse, until the government of the country takes effective steps to bring the responsible members of the security forces to justice and to prevent future incidents.

Subject to congressional notification requirements, funds that are provided by this division but are returned or are not made available due to certain requirements of this division or the Foreign Assistance Act of 1961 shall remain available for obligation through FY2020. Funds provided by this division are exempt from the requirements under the Foreign Assistance Act of 1961 to withhold funds for programs in Burma.

The State Department must withhold specified funds for a specialized agency or other entity of the U.N. if the agency or entity has taken an official action that is against the national security interest of the United States or an ally of the United States, including Israel.

Specified funds provided by this division for the Economic Support fund shall be transferred to the International Organizations and Programs account to be used for contributions to (1) the United Nations resident coordinator system, and (2) the Montreal Protocol Multilateral Fund.

(Sec. 7049) Funds provided by titles III and IV of this division may be used to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support democratic governance.

Specified funds provided by this division shall be made available for

  • combat casualty training and equipment
  • the Counterterrorism Partnerships Fund for programs in areas liberated from, under the influence of, or adversely affected by, the Islamic State of Iraq and Syria or other terrorist organizations;
  • training related to international humanitarian law;
  • security force professionalization;
  • programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organization; and
  • assistance to eliminate inhumane conditions in foreign prisons and other detention facilities.

In providing assistance with funds provided under the Foreign Assistance Act of 1961, support for a nation emerging from instability includes support for a regional, district, municipal, or other sub-national entity emerging from instability.

This section extends the war reserves stockpile authority.

Financing may be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

Specified funds may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

This section specifies disclosure and reporting requirements related to

  • security assistance,
  • military exports,
  • foreign assistance cases submitted for vetting under the Foreign Assistance Act of 1961,
  • foreign military training, and
  • security units that have not received assistance due to a gross violation of human rights.

Funds provided by this division may not be used for

  • certain crowd control items for foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing democratic transition.; or
  • supporting military training or operations that include child soldiers.

Demining equipment available to the State Department or the USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries.

No military assistance may be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology may be sold or transferred, unless specified conditions are met.

(Sec. 7050) This section prohibits funds provided by this division from being used to implement the Arms Trade Treaty until the Senate ratifies the treaty.

(Sec. 7051) This section prohibits the use of funds provided by this division for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) This section permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment. It also specifies requirements for aircraft coordination.

(Sec. 7053) This section withholds specified assistance from foreign countries with unpaid property taxes or parking fines and penalties in the District of Columbia or New York City.

(Sec. 7054) This section extends certain International Monetary Fund (IMF) transparency, accountability, and lending requirements to this division. It also directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that any loan will be repaid to the IMF before other private or multilateral creditors.

(Sec. 7055) This section prohibits funds provided by this division from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this division. It also permits the USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) This section specifies that funds provided by this division for the Economic Support Fund shall be made available for USAID programs and activities to address the needs and protect and promote the rights of people with disabilities in developing countries. It also permits 5% of the funds made available by this section to be used for USAID management, oversight, and technical support.

(Sec. 7057) This section permits the USAID to use specified funds provided by this division for

  • hiring individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • individuals detailed or employed to USAID to respond to disasters; and
  • hiring personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

The section also

  • permits extensions of up to four years for limited-appointment Foreign Service personnel,
  • permits the USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business, and
  • continues the authority for the USAID to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Funds provided by this division for bilateral assistance for child survival activities or disease programs, including activities relating to HIV/AIDS, may be made available notwithstanding any other provision of law except for provisions under the heading "Global Health Programs" and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003.

The section also specifies funds that should be made available for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species.

This section withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department reports to Congress that the fund is

  • implementing a policy of transparency,
  • providing resources to maintain an independent Office of Inspector General,
  • protecting whistle-blowers from retaliation, and
  • implementing recommendations contained in the Consolidated Transformation Plan.

The section also provides specified funds for responding to contagious infectious disease outbreaks.

(Sec. 7059) This section provides specified funds for programs related to

  • gender equality;
  • women's leadership;
  • gender-based violence;
  • empowering women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition;
  • ensuring the equitable provision of relief and recovery assistance to women and girls; and
  • women and girls at risk from extremism and conflict.

(Sec. 7060) This section allocates specified funds for

  • basic and higher education,
  • development programs,
  • environment programs,
  • food security and agricultural development,
  • microenterprises and small enterprises,
  • programs to combat trafficking in persons,
  • reconciliation programs, and
  • water and sanitation.

(Sec. 7061) This section prohibits funds provided by titles III through VI of this division from being used for Enterprise Funds unless Congress is notified in advance. It also establishes reporting requirements related to Enterprise Funds.

(Sec. 7062) This section prohibits funds provided by titles III through VI of this division from being used for

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effe ct of prohibiting any coal -fired or other power-generation project the purpose of which is to (1) provide affordable electricity in certain countries; and (2) increase U.S. exports of goods and services or prevent the loss of jobs from the United States

(Sec. 7063) This section permits specified funds provided by title III of this division to be transferred to the Overseas Private Investment Corporation Account. It also prohibits the funds from being used for administrative expenses.

(Sec. 7064) This section requires agencies funded by this division to provide an Inspector General with timely access to all records, documents, and other materials. It also requires each Inspector General funded by this division to (1) comply with statutory limitations on the disclosure of information provided by departments and agencies, and (2) report to Congress regarding failures by any U.S. department or agency to provide its Inspector General with access to all requested records, documents, and other materials.

(Sec. 7065) This section provides specified funds to be used for programs to promote Internet freedom globally, subject to specified requirements.

(Sec. 7066) This section prohibits funds provided by this division from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification or consultation requirements have been met.

(Sec. 7067) This section prohibits funds provided by this division from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

Funds provided by titles III and IV of this division shall be made available for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this division.

(Sec. 7068) This section prohibits the use of certain funds provided by this division to assist the governments of certain countries that have refused to extradite to the United States any individual indicted for (1) a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or (2) killing a law enforcement officer. It also specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7069) This section permits the President to draw down specified funds to support U.N. war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

(Sec. 7070) This section sets forth requirements for operating and reorganization plans, spending plans, spending reports, and congressional budget justifications for agencies funded by this division.

(Sec. 7071) Specified funds provided by this division shall be made available for programs and priorities related to the stabilization and development in regions impacted by extremism and conflict.

The funds shall be made available for

  • programs and activities to counter and defeat violent extremism and foreign fighters abroad,
  • the Relief and Recovery Fund for assistance for areas liberated or at risk from, or under the control of, the Islamic State of Iraq and Syria, other terrorist organizations, or violent extremist organizations;
  • programs to promote accountability in Iraq and Syria for genocide, crimes against humanity, and war crimes;
  • assistance to Jordan and Tunisia;
  • programs related to preventing failed states through public-private partnerships;
  • program to counter violent extremism in Asia;
  • the development of a comprehensive plan to prevent the underlying causes of extremism in fragile states in the Sahel, Horn of Africa, and the Near East; and
  • the Global Concessional Financing Facility of the World Bank to provide financing to support refugees and host communities

(Sec. 7072) This section provides appropriations for the U.N. Population Fund and specifies requirements and restrictions for the funds.

(Sec. 7073) Funds may not be used to

  • implement specified activities related to a reorganization, redesign, or other specified plans unless congressional consultation and notification requirements are met; or
  • to downsize, downgrade, consolidate, close, move, or relocate the Bureau of Population, Refugees, and Migration, Department of State, or any activities of such Bureau, to another federal agency.

Funds provided by this division are made available to support the agency-wide on-board Foreign Service and Civil Service staff levels of the State Department and USAID at not less than the levels as of December 31, 2017.

Funds provided by this division for Migration and Refugee Assistance must be administered by the Assistant Secretary of State for Population, Refugees, and Migration.

Funds provided by this division for the Office of Global Women's Issues must be administered by the U.S. Ambassador-at-Large for Global Women's Issues.

Funds provided for the Administration of Foreign Affairs in title I of this division may not be used for a new major information technology investment without the concurrence of the Chief Information Officer of the State Department.

Funds provided by this division may not be used to submit for approval or implement projects funded from the Technology Modernization Fund unless specified congressional notification and reporting requirements are met.

(Sec. 7074) This section rescinds specified funds from the International Narcotics Control and Law Enforcement account and the Foreign Military Sales Trust Fund.

(Sec. 7075) This section makes specified funds available for the John S. McCain Scholars Program.

(Sec. 7076) This section makes additional visas available under the special immigration visa program for Afghans who are employed by, or on behalf of, the U.S. government. None of the funds provided by this division may be used for the additional visas until the State Department (1) develops and implements a system to prioritize the processing of Afghan applicants for special immigrant visas, and (2) submits specified reports to Congress.

(Sec. 7077) This section prohibits funds provided by this division for International Military Education and Training from being made available for assistance to the government of Saudi Arabia.

TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

This title provides additional FY2019 appropriations for Overseas Contingency Operations/ Global War on Terrorism, which are exempt from discretionary spending limits.

The title provides appropriations to the State Department for Administration of Foreign Affairs, including Diplomatic Programs and the Office of Inspector General.

The title provides appropriations for International Organizations, including Contributions to International Organizations, and Contributions for International Peacekeeping Activities.

The title provides appropriations to the USAID for Operating Expenses.

The title provides appropriations for Bilateral Economic Assistance, including

  • International Disaster Assistance,
  • Transition Initiatives, and
  • the Economic Support Fund, and
  • Migration and Refugee Assistance.

The title provides appropriations for International Security Assistance, including Peacekeeping Operations, and the Foreign Military Financing Program.

(Sec. 8001) This section specifies that funds provided by this title are in addition to other FY2019 funds provided by this division.

(Sec. 8002) This section specifies that funds provided by this title are subject to the same authorities and conditions that are otherwise applicable to the appropriations accounts, unless otherwise noted.

(Sec. 8003) This section specifies transfer authorities for funds provided by this title.

(Sec. 8004) This section rescinds specified funds provided by the Security Assistance Appropriations Act, 2017 for Diplomatic and Consular Programs.

DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019

This division provides FY2019 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.

TITLE I--DEPARTMENT OF TRANSPORTATION

Department of Transportation Appropriations Act, 2019

This title provides FY2019 appropriations for the Department of Transportation (DOT).

The title provides appropriations for the Office of the Secretary, including

  • Salaries and Expenses;
  • Research and Technology;
  • National Infrastructure Investments (also known as BUILD grants);
  • the National Surface Transportation and Innovative Finance Bureau;
  • Financial Management Capital;
  • Cyber Security Initiatives;
  • the Office of Civil Rights;
  • Transportation Planning, Research, and Development;
  • the Working Capital Fund;
  • the Minority Business Resource Center Program;
  • Small and Disadvantaged Business Utilization and Outreach; and
  • Payments to Air Carriers.

(Sec. 101) This section prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) This section requires DOT to (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) direct the council to record the decisions and actions of each meeting.

(Sec. 103) This section permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.

DOT must maintain a reasonable operating reserve in the Working Capital Fund, to be expended in advance to provide uninterrupted transit benefits to government employees. The reserve may not exceed one month of benefits and may be used only for transit benefits.

The title provides appropriations to the Federal Aviation Administration (FAA) for

  • Operations;
  • Facilities and Equipment;
  • Research, Engineering, and Development; and
  • Grants-In-Aid For Airports.

Funds provided by this division may not be used for

  • new applicants for the second career training program,
  • new unauthorized aviation user fees, or
  • aeronautical charting and cartography activities through the Working Capital Fund.

The title prohibits funds from being used to eliminate the Contract Weather Observers program at any airport.

The title permits funds received from specified public, private, and foreign sources for expenses incurred in the provision of FAA services to be credited to the FAA Operations account.

(Sec. 110) This section limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) This section prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting. The prohibition does not apply to negotiations between the FAA and airport sponsors to achieve agreement on "below-market" rates for these items or to grant assurances that require airport sponsors to provide land without cost to the FAA for air traffic control facilities.

(Sec. 112) This section permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service program, which was established to ensure that small communities have a minimum level of air service.

(Sec. 113) This section permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) This section prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) This section prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) This section prohibits funds provided by this division from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.

(Sec. 117) This section requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.

(Sec. 118) This section prohibits funds provided by this division from being used to pay the salaries and expenses of more than eight political and presidential FAA appointees.

(Sec. 119) This section prohibits funds provided by this division from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products and explains how the fees are consistent with Executive Order 13642 (Making Open and Machine Readable the New Default for Government Information).

(Sec. 119A) This section requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119B) This section prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

(Sec. 119C) This section prohibits the FAA from withholding consideration and approval of any new application for participation in the Contract Tower Program, including applications from cost-share program participants, if the tower meets the criteria included in the FAA report titled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."

(Sec. 119D) This section specifies restrictions and requirements for FAA actions to limit the use of an Organization Designation Authorization's (ODA's) delegated functions documented in its procedures manual on a type certification project. (Under the ODA program, the FAA may delegate to a private person a matter related to issuing certificates or the examination, testing, and inspection necessary to issue a certificate on behalf of the FAA.)

(Sec. 119E) This section prohibits certain funds provided by this division from being used for the construction of a storage building to shelter snow equipment in excess of equipment needs unless the airport sponsor certifies compliance with specified requirements.

(Sec. 119F) This section requires the FAA to permit intermittent large cargo air carriers to land in remote areas using a mix of available local meteorological weather reports, in place of National Weather Service forecast reports where they do not provide weather coverage.

(Sec. 119G) This section allows the transfer of funds from the Grants-in-Aid for Airports account to reimburse certain airports and providers of general aviation ground support services impacted by temporary flight restrictions for any residence of the President that is designated or identified to be secured by the Secret Service. The funds may not be obligated or distributed until an independent audit is completed.

The title provides (1) funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways, and (2) appropriations for Highway Infrastructure Programs.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund [HTF]. Contract authority is the authority to obligate funds in advance of an appropriation Act.

Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

(Sec. 120) This section specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

(Sec. 121) This section credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.

(Sec. 122) This section requires DOT to (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.

(Sec. 123) This section requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

(Sec. 124) This section requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects (FASTLANE grants).

(Sec. 125) This section permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.

The title provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 130) This section requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery that records the receipt of the notice by the persons responsible for the violation.

(Sec. 131) This section prohibits DOT from using funds to enforce certain requirements for the use of electronic logging devices with respect to operators of commercial motor vehicles transporting livestock or insects.

(Sec. 132) This section prohibits funds from being used to implement, enforce, or in any other way make effective the Federal Motor Carrier Safety Administration rule titled "Lease and Interchange of Vehicles; Motor Carriers of Passengers."

The title provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

It also provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.

(Sec. 140) This section provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.

(Sec. 141) This section exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.

(Sec. 142) This section prohibits funds provided by this division from being used to mandate global positioning system tracking in private passenger motor vehicles without considering privacy concerns.

(Sec. 143) This section provides additional appropriations for NHTSA to (1) provide funding for grants, pilot program activities, and innovative solutions to reduce impaired-driving fatalities; and (2) continue, in collaboration with the Federal Railroad Administration (FRA), a high visibility enforcement paid-media campaign regarding highway-rail grade crossing safety.

The title provides appropriations to the FRA for

  • Safety and Operations,
  • Railroad Research and Development,
  • the Railroad Rehabilitation and Improvement Financing Program,
  • the Federal-State Partnership for State Of Good Repair,
  • Consolidated Rail Infrastructure and Safety Improvements,
  • Restoration and Enhancement,
  • the Magnetic Levitation Technology Deployment Program,
  • Northeast Corridor Grants to the National Railroad Passenger Corporation (Amtrak), and
  • National Network Grants to Amtrak.

(Sec. 150) This section limits overtime for Amtrak employees. It also (1) permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons, and (2) requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

(Sec. 151) This section expresses the sense of Congress that long-distance passenger rail routes (1) provide much-needed transportation access and are particularly important in rural areas, and (2) should be sustained to ensure connectivity throughout the National Network.

The title provides appropriations to the Federal Transit Administration (FTA) for

  • Administrative Expenses,
  • Transit Infrastructure Grants,
  • Technical Assistance and Training,
  • Capital Investment Grants, and
  • Grants to the Washington Metropolitan Area Transit Authority.

The title also provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) This section exempts previously made transit obligations from limitations on obligations.

(Sec. 161) This section permits funds provided by this division for fixed guideway capital investment projects that remain unobligated by September 30, 2022, to be directed to projects eligible to use the funds for the purposes for which they were originally provided.

(Sec. 162) This section permits funds appropriated before October 1, 2018, that remain available for expenditure to be transferred from older accounts to new accounts with similar current activities.

(Sec. 163) This section prohibits funds provided by this division from being used to enter into a full funding grant agreement for a project with a New Starts share greater than 51%.

(Sec. 164) This section rescinds specified funds that were provided for the Transit Formula Grants account for FY2005 or prior fiscal years.

(Sec. 165) This section prohibits the FTA from using funds provided by this division to implement or further certain new policies for the Capital Investment Grants program.

The title provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

The title provides appropriations for the Maritime Administration (MARAD) for

  • the Maritime Security Program,
  • Operations and Training,
  • State Maritime Academy Operations,
  • Assistance to Small Shipyards,
  • Ship Disposal,
  • the Maritime Guaranteed Loan (Title XI) Program Account, and
  • the Port Infrastructure Development Program.

(Sec. 170) This section permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Rental payments received pursuant to this provision must be credited to the Treasury as miscellaneous receipts.

The title provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for

  • Operational Expenses,
  • Hazardous Materials Safety,
  • Pipeline Safety, and
  • Emergency Preparedness Grants.

The title provides appropriations to the Office of Inspector General.

(Sec. 180) This section permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

DOT may use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance DOT's, or its operating administrations' missions.

Any unmanned aircraft system purchased or procured by DOT prior to the enactment of this division is deemed to be authorized.

(Sec. 181) This section permits DOT to use funds provided by this division for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) This section prohibits recipients of funds provided by this division from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. It also prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.

(Sec. 183) This section prohibits (1) funds provided by this division from being used for more than 125 DOT presidential and political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 184) This section permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.

(Sec. 185) This section prohibits funds provided by this from being used for certain loans, loan guarantees, lines of credit, or grants unless DOT notifies Congress at least three business days in advance of announcing competitively selected projects.

DOT must provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)

DOT must provide Congress with a comprehensive list of all loans, loan guarantees, lines of credit, and discretionary grants that will be announced at least three days before the announcement.

(Sec. 186) This section permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) This section permits DOT to use amounts recovered from improper payments to a third party contractor for (1) expenses incurred by DOT in recovering the improper payments and (2) to pay contractors for services provided in recovering improper payments and implementing requirements related to improper payments.

(Sec. 188) This section requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 189) This section permits funds provided by this division for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.

(Sec. 190) This section permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 191) This section prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Department of Housing and Urban Development Appropriations Act, 2019

This title provides FY2019 appropriations for the Department of Housing and Urban Development (HUD).

The title provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.

The title provides appropriations for Program Office Salaries and Expenses, including

  • Public and Indian Housing,
  • Community Planning and Development,
  • Housing,
  • Policy Development and Research,
  • Fair Housing and Equal Opportunity, and
  • the Office of Lead Hazard Control and Healthy Homes.

HUD may transfer specified funds provided by this title for salaries and expenses to the Working Capital Fund to fund centralized activities.

The title provides appropriations for Public and Indian Housing, including

  • Tenant-Based Rental Assistance,
  • the Housing Certificate Fund,
  • the Public Housing Capital Fund,
  • the Public Housing Operating Fund,
  • the Choice Neighborhoods Initiative,
  • the Family Self-Sufficiency Program,
  • Native American Housing Block Grants,
  • the Indian Housing Loan Guarantee Fund Program Account, and
  • the Native Hawaiian Housing Block Grant.

The title provides appropriations for Community Planning and Development, including

  • Housing Opportunities for Persons with AIDS,
  • the Community Development Fund,
  • the Community Development Loan Guarantees Program Account,
  • the Home Investment Partnerships Program,
  • the Self-Help and Assisted Home Ownership Opportunity Program, and
  • Homeless Assistance Grants.

The title provides appropriations for Housing Programs, including

  • Project-Based Rental Assistance,
  • Housing for the Elderly,
  • Housing for Persons with Disabilities,
  • Housing Counseling Assistance,
  • Rental Housing Assistance, and
  • Payment to the Manufactured Housing Fees Trust Fund.

The title provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes (1) the Mutual Mortgage Insurance Program Account, and (2) the General and Special Risk Program Account.

The title provides appropriations and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

The title provides appropriations to HUD for

  • Policy Development and Research,
  • Fair Housing and Equal Opportunity,
  • the Office of Lead Hazard Control and Healthy Homes,
  • the Information Technology Fund, and
  • the Office of Inspector General.

(Sec. 201) This section requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.

Funds that are not rescinded or returned to the Treasury must be used by state housing finance agencies or local governments for certain projects approved by HUD.

HUD may award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) This section prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any otherwise lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.

(Sec. 203) This section requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with provisions of the Department of Housing and Urban Development Reform Act of 1989 regarding HUD accountability.

(Sec. 204) This section permits specified funds to be used, without regard to limitations on administrative expenses, for (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 205) This section prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this division or through reprogramming.

(Sec. 206) This section permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2019 budget.

(Sec. 207) This section requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 208) This section requires the President's budget request and HUD's congressional budget justifications to use the same account and sub-account structure included in this division.

(Sec. 209) This section exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 210) This section permits HUD to authorize the transfer of project-based assistance, debt, and low-income and very low-income use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to a viable project if no additional costs are incurred and other specified conditions are met.

(Sec. 211) This section sets forth eligibility requirements for section 8 housing assistance vouchers.

(Sec. 212) This section requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 213) This section sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is held or owned by HUD. The section also specifies requirements for maintaining any rental assistance payments under section 8 of the United States Housing Act of 1937 and other programs that are attached to any dwelling units in the property.

(Sec. 214) This section permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 215) This section permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to elect to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 216) This section prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.

(Sec. 217) This section prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

The Chief Financial Officer must ensure that there is a trained allotment holder for each HUD appropriations under specified accounts.

(Sec. 218) This section requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2019.

(Sec. 219) This section sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.

(Sec. 220) This section sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.

(Sec. 221) This section requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.

(Sec. 222) This section limits compensation for PHA officials and employees.

(Sec. 223) This section requires HUD to notify Congress at least three business days before announcing the recipients of grant awards.

(Sec. 224) This section prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 225) This section prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain condemnation or seizure by a state, municipality, or other political subdivision of a state.

(Sec. 226) This section prohibits funds provided by this division from being used to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 227) This section permits funds that are provided to the HUD Office of Policy Development and Research for research, evaluation, and statistical purposes and that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.

(Sec. 228) This section prohibits funds from being used for awards, including performance, special act, or spot, for HUD employees who have been subject to administrative discipline in FY2018 or FY2019, including suspension from work.

(Sec. 229) This section permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.

(Sec. 230) This section permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016, 2017, 2018, and 2019 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

(Sec. 231) This section permits HUD to use funds provided by this division for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another.

No more than 50% of each transition grant may be used for the costs of eligible activities of the program component originally funded.

(Sec. 232) This section prohibits HUD from using funds provided by this division to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule titled "Affirmatively Furthering Fair Housing" or the notice entitled "Affirmatively Furthering Fair Housing Assessment Tool."

(Sec. 233) This section prohibits provisions of the Cranston-Gonzalez National Affordable Housing Act regarding the expiration of the right of a jurisdiction to draw funds from applying to the right of a jurisdiction to draw funds from its HOME Investment Trust Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019, 2020, or 2021 under current law.

(Sec. 234) This section rescinds funds that were provided in the Consolidated Appropriations Resolution, 2003 to the Indian Housing Loan Guarantee Fund Program Account for the Land Title Report Commission

(Sec. 235) This section permits HUD to carry out a mobility demonstration program to enable public housing agencies to administer housing choice voucher assistance in a manner designed to encourage families receiving such voucher assistance to move to lower-poverty areas and expand access to opportunity areas.

(Sec. 236) This section repeals a requirement for HUD to report annually to Congress on Section 8 project-based housing.

(Sec. 237) This section maintains existing Promise Zone designations and agreements.

(Sec. 238) This section prohibits funds provided by this bill from being used to establish review criteria, including rating factors or preference points, for competitive grants programs for En Vision Center participation or coordination.

TITLE III--RELATED AGENCIES

This title provides FY2019 appropriations to

  • the Access Board,
  • the Federal Maritime Commission,
  • the Amtrak Office of Inspector General,
  • the National Transportation Safety Board,
  • the Neighborhood Reinvestment Corporation,
  • the Surface Transportation Board, and
  • the U.S. Interagency Council on Homelessness.

TITLE IV--GENERAL PROVISIONS--THIS ACT

(Sec. 401) This section prohibits funds provided by this division from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 402) This section prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this division.

(Sec. 403) This section limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.

(Sec. 404) This section prohibits the use of funds provided by this division for certain types of employee training, such as training that is not specifically related to the performance of official duties.

(Sec. 405) This section specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.

(Sec. 406) This section permits up to 50% of unobligated balances remaining at the end of FY2019 from appropriations for salaries and expenses to remain available through FY2020, subject to congressional approval and reprogramming guidelines.

(Sec. 407) This section prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) This section prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.

(Sec. 409) This section prohibits the use of funds provided by this division to permanently replace an employee intent on returning to his or her previous occupation after completing military service.

(Sec. 410) This section requires expenditures of funds provided by this division to comply with the Buy American Act.

(Sec. 411) This section prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 412) This section prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 413) This section prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 414) This section restricts the number of employees that agencies funded in this division may send to international conferences.

(Sec. 415) This section limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 416) This section prohibits funds provided by this division from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.

(Sec. 417) This section prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with an exception for law enforcement, prosecution, or adjudication activities.

(Sec. 418) This section prohibits funds provided by this division from being used to deny an Inspector General (IG) timely access to any records, documents, or other materials available to the department or agency over which that IG has responsibilities, or to prevent or impede that IG's access. Each IG must comply with (1) specified statutory limitations on disclosure of the information provided, and (2) reporting requirements regarding violations of this section.

(Sec. 419) This section prohibits funds provided by this division from being used to pay award or incentive fees for contractors whose performance is below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract unless specified requirements are met.

(Sec. 420) This section provides additional appropriations for the Railroad Rehabilitation and Improvement Financing (RRIF) Program. It also modifies the cost for credit risk premium repayment for a certain cohort of RRIF loans.

(Sec. 421) This section modifies the vehicle weight limitations that apply to certain highway segments in Kentucky.

(Sec. 422) This section modifies the vehicle weight limitations that apply to natural gas and electric battery vehicles.

(Sec. 423) This section modifies the vehicle length restrictions for vehicles that transport sugar beets on specified routes in Oregon.

DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS

TITLE I--IMMIGRATION EXTENSIONS

(Sec. 101) This section extends through FY2019 the authorization for the U.S. Citizenship and Immigration Services E-Verify Program. (E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.)

(Sec. 102) This section extends through F2019 the Special Immigrant Religious Workers program. (The program allows ministers and non-ministers in religious vocations and occupations to immigrate to or adjust status in the U.S. for the purpose of performing religious work in a full-time compensated position.)

(Sec. 103) This section extends through FY2019 the authority under the Conrad 30 waiver program to waive the two-year home country physical presence requirement for foreign doctors with expiring J-1 visas who apply to remain in the United States and commit to working in medically underserved areas.

(Sec. 104) This section extends through FY2019 the Regional Center Pilot Program within the EB-5 immigration investor program authorization. (The Regional Center Program is intended to focus foreign investment toward specific geographic regions.)

(Sec. 105) This section extends the authority of DHS to increase the numerical limitation on the number of aliens that that are permitted to enter the United States under the H-2B visa program for temporary nonagricultural labor. It also specifies that the limit may not exceed the highest number of H-2B nonimmigrants who participated in the H-2B returning worker program in any year in which returning workers were exempt from the numerical limitation.

TITLE II--TECHNICAL CORRECTIONS

This title makes several technical and conforming changes to current law.

TITLE III--BUDGETARY EFFECTS

(Sec. 301) This section exempts the budgetary effects of this division from (1) the Statutory Pay-As-You-Go (PAYGO) Act of 2010, (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.