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116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-9
_______________________________________________________________________
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND
SECURITY FOR FISCAL YEAR 2019, AND FOR OTHER PURPOSES
----------
CONFERENCE REPORT
to accompany
H.J. Res. 31
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
February 13, 2019.--Ordered to be printed
________
U.S. GOVERNMENT PUBLISHING OFFICE
35-014 WASHINGTON: 2018
[COMMITTEE PRINT]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-9
======================================================================
MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND
SECURITY FOR FISCAL YEAR 2019, AND FOR OTHER PURPOSES
_______
February 13, 2019.--Ordered to be printed
_______
Mrs. Lowey, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.J. Res. 31]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the joint
resolution (H.J. Res. 31), making further continuing
appropriations for the Department of Homeland Security for
fiscal year 2019, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2019''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Statement of appropriations.
Sec. 5. Availability of funds.
Sec. 6. Adjustments to compensation.
Sec. 7. Technical correction.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
Title I--Departmental Management, Operations, Intelligence, and
Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to
the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Overseas Contingency Operations/Global War on Terrorism
DIVISION G--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
Title I--Immigration Extensions
Title II--Technical Corrections
Title III--Budgetary Effects
SEC. 3. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2019.
SEC. 5. AVAILABILITY OF FUNDS.
Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 shall be available (or
rescinded, if applicable) only if the President subsequently so
designates all such amounts and transmits such designations to
the Congress.
SEC. 6. ADJUSTMENTS TO COMPENSATION.
For a payment to Joe Anne Jones, widow of Walter B. Jones
Jr., late a Representative from North Carolina, $174,000.
SEC. 7. TECHNICAL CORRECTION.
Division O of the Consolidated Appropriations Act, 2018
(Public Law 115-141) is amended--
(1) in the heading, by inserting ``Stephen Sepp''
before ``Wildfire''; and
(2) by amending section 101 to read as follows:
``SEC. 101. SHORT TITLE.
``(a) Short Title.--This division may be cited as the
`Stephen Sepp Wildfire Suppression Funding and Forest
Management Activities Act'.
``(b) References.--A reference to the Wildfire Suppression
Funding and Forest Management Activities Act, including a
reference in a regulation, order, or other law, is deemed to
refer to the Stephen Sepp Wildfire Suppression Funding and
Forest Management Activities Act.''.
DIVISION A--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and
for executive management for operations and support,
$141,381,000: Provided, That not to exceed $30,000 shall be
for official reception and representation expenses: Provided
further, That of the funds provided under this heading,
$13,000,000 shall be withheld from obligation until the
Secretary complies with section 106 of this Act and $13,000,000
shall be withheld from obligation until the Secretary provides
the first report on border apprehensions required under this
heading by the report accompanying this Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for
operations and support, $1,083,837,000: Provided, That not to
exceed $2,000 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $175,920,000, of
which $55,920,000 shall remain available until September 30,
2021; and of which $120,000,000 shall remain available until
September 30, 2023, and shall be transferred to and merged with
the General Services Administration's Federal Buildings Fund
for Department of Homeland Security headquarters consolidation
at St. Elizabeths: Provided, That not later than 30 days prior
to any such transfer of funds, the Secretary of Homeland
Security and the Administrator of General Services shall
provide to the Committees on Appropriations of the Senate and
the House of Representatives a detailed plan delineating the
proposed use of such transferred funds for such headquarters
consolidation project.
research and development
For necessary expenses of the Management Directorate for
research and development, $2,545,000, to remain available until
September 30, 2020.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and
Analysis and the Office of Operations Coordination for
operations and support, $253,253,000, of which $78,299,000
shall remain available until September 30, 2020: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses and not to exceed $2,000,000 is
available for facility needs associated with secure space at
fusion centers, including improvements to buildings.
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General
for operations and support, $168,000,000: Provided, That not
to exceed $300,000 may be used for certain confidential
operational expenses, including the payment of informants, to
be expended at the direction of the Inspector General.
Administrative Provisions
Sec. 101. Not later than 30 days after the last day of
each month, the Chief Financial Officer of the Department of
Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
monthly budget and staffing report that includes total
obligations of the Department for that month and for the fiscal
year at the appropriation and program, project, and activity
levels, by the source year of the appropriation.
Sec. 102. (a) The Secretary of Homeland Security shall
submit a report not later than October 15, 2019, to the
Inspector General of the Department of Homeland Security
listing all grants and contracts awarded by any means other
than full and open competition during fiscal years 2018 and
2019.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with
applicable laws and regulations and report the results of that
review to the Committees on Appropriations of the Senate and
the House of Representatives not later than February 15, 2020.
Sec. 103. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition
outcomes, which shall be specified in terms of cost, schedule,
and performance.
Sec. 104. The Secretary of Homeland Security, in
consultation with the Secretary of the Treasury, shall notify
the Committees on Appropriations of the Senate and the House of
Representatives of any proposed transfers of funds available
under section 9705(g)(4)(B) of title 31, United States Code
from the Department of the Treasury Forfeiture Fund to any
agency within the Department of Homeland Security: Provided,
That none of the funds identified for such a transfer may be
obligated until the Committees on Appropriations of the Senate
and the House of Representatives are notified of the proposed
transfers.
Sec. 105. All official costs associated with the use of
Government aircraft by Department of Homeland Security
personnel to support official travel of the Secretary and the
Deputy Secretary shall be paid from amounts made available for
the Office of the Secretary.
Sec. 106. Section 107 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to visa overstay data, shall apply in fiscal
year 2019, except that the reference to ``this Act'' shall be
treated as referring to this Act, and the reference to ``2017''
shall be treated as referring to ``2018''.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border
Protection for operations and support, including the
transportation of unaccompanied minor aliens; the provision of
air and marine support to Federal, State, and local agencies in
the enforcement or administration of laws enforced by the
Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support
to Federal, State, and local agencies in other law enforcement
and emergency humanitarian efforts; the purchase and lease of
up to 7,500 (6,500 for replacement only) police-type vehicles;
the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $12,179,729,000; of
which $3,274,000 shall be derived from the Harbor Maintenance
Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section
9505(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C.
9505(c)(3)) and notwithstanding section 1511(e)(1) of the
Homeland Security Act of 2002 (6 U.S.C. 551(e)(1)); of which
$2,000,000,000 shall be available until September 30, 2020; and
of which such sums as become available in the Customs User Fee
Account, except sums subject to section 13031(f)(3) of the
Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(f)(3)), shall be derived from that account; and of
which $58,710,000 is for additional customs officers:
Provided, That not to exceed $34,425 shall be for official
reception and representation expenses: Provided further, That
not to exceed $150,000 shall be available for payment for
rental space in connection with preclearance operations:
Provided further, That not to exceed $1,000,000 shall be for
awards of compensation to informants, to be accounted for
solely under the certificate of the Secretary of Homeland
Security.
procurement, construction, and improvements
For necessary expenses of U.S. Customs and Border
Protection for procurement, construction, and improvements,
including procurements to buy marine vessels, aircraft, and
unmanned aerial systems, $2,515,878,000, of which $870,656,000
shall remain available until September 30, 2021, and of which
$1,645,222,000 shall remain available until September 30, 2023.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-
type vehicles; overseas vetted units; and maintenance, minor
construction, and minor leasehold improvements at owned and
leased facilities; $7,542,153,000; of which $6,000,000 shall
remain available until expended for efforts to enforce laws
against forced child labor; of which $75,448,000 shall remain
available until September 30, 2020; of which $1,500,000 is for
paid apprenticeships for participants in the Human Exploitation
Rescue Operative Child-Rescue Corps; of which not less than
$15,000,000 shall be available for investigation of
intellectual property rights violations, including operation of
the National Intellectual Property Rights Coordination Center;
and of which not less than $4,273,857,000 shall be for
enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That
not to exceed $11,475 shall be for official reception and
representation expenses: Provided further, That not to exceed
$10,000,000 shall be available until expended for conducting
special operations under section 3131 of the Customs
Enforcement Act of 1986 (19 U.S.C. 2081): Provided further,
That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under
the certificate of the Secretary of Homeland Security:
Provided further, That not to exceed $11,216,000 shall be
available to fund or reimburse other Federal agencies for the
costs associated with the care, maintenance, and repatriation
of smuggled aliens unlawfully present in the United States:
Provided further, That of the funds made available under this
heading, $10,000,000 shall be withheld from obligation until
the first report required by section 226 has been made
available on a publicly accessible website.
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$45,559,000, to remain available until September 30, 2021; of
which not less than $10,000,000 shall be available for
facilities repair and maintenance projects.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security
Administration for operations and support, $7,410,079,000, to
remain available until September 30, 2020: Provided, That not
to exceed $7,650 shall be for official reception and
representation expenses: Provided further, That security
service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as
offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under
this heading from the general fund shall be reduced on a
dollar-for-dollar basis as such offsetting collections are
received during fiscal year 2019 so as to result in a final
fiscal year appropriation from the general fund estimated at
not more than $4,740,079,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security
Administration for procurement, construction, and improvements,
$169,789,000, to remain available until September 30, 2021.
research and development
For necessary expenses of the Transportation Security
Administration for research and development, $20,594,000, to
remain available until September 30, 2020.
Coast Guard
operations and support
For necessary expenses of the Coast Guard for operations
and support including purchase or lease of not to exceed 25
passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and
repairs and service-life replacements, not to exceed a total of
$31,000,000; purchase, lease, or improvements of boats
necessary for overseas deployments and activities; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402
note; 96 Stat. 1920); and recreation and welfare;
$7,808,201,000, of which $505,000,000 shall be for defense-
related activities, of which $165,000,000 is designated by the
Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which
$11,000,000 shall remain available until September 30, 2021;
and of which $13,469,000 shall remain available until September
30, 2023, for environmental compliance and restoration:
Provided, That not to exceed $23,000 shall be for official
reception and representation expenses: Provided further, That
$25,000,000 shall be withheld from obligation for Coast Guard
Headquarters Directorates until a future-years capital
investment plan for fiscal years 2020 through 2024 is submitted
to the Committees on Appropriations of the Senate and the House
of Representatives pursuant to section 217 of this Act.
procurement, construction, and improvements
For necessary expenses of the Coast Guard for procurement,
construction, and improvements, including aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), and vessels and
aircraft, including equipment related thereto, $2,248,260,000,
to remain available until September 30, 2023, of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)).
research and development
For necessary expenses of the Coast Guard for research and
development; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $20,256,000, to remain
available until September 30, 2021, of which $500,000 shall be
derived from the Oil Spill Liability Trust Fund to carry out
the purposes of section 1012(a)(5) of the Oil Pollution Act of
1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be
credited to and used for the purposes of this appropriation
funds received from State and local governments, other public
authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and
evaluation.
retired pay
For retired pay, including the payment of obligations
otherwise chargeable to lapsed appropriations for this purpose,
payments under the Retired Serviceman's Family Protection and
Survivor Benefits Plans, payment for career status bonuses,
payment of continuation pay under section 356 of title 37,
United States Code, concurrent receipts, combat-related special
compensation, and payments for medical care of retired
personnel and their dependents under chapter 55 of title 10,
United States Code, $1,739,844,000, to remain available until
expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of
passenger motor vehicles; purchase of motorcycles made in the
United States; hire of aircraft; rental of buildings in the
District of Columbia; fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control, as may be necessary to perform protective
functions; conduct of and participation in firearms matches;
presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in
advance for commercial accommodations as may be necessary to
perform protective functions; and payment, without regard to
section 5702 of title 5, United States Code, of subsistence
expenses of employees who are on protective missions, whether
at or away from their duty stations; $2,148,528,000; of which
$40,036,000 shall remain available until September 30, 2020,
and of which $6,000,000 shall be for a grant for activities
related to investigations of missing and exploited children;
and of which up to $9,500,000 may be for calendar year 2018
premium pay in excess of the annual equivalent of the
limitation on the rate of pay contained in section 5547(a) of
title 5, United States Code, pursuant to section 2 of the
Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 5547
note), as amended by Public Law 115-160: Provided, That not to
exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed
$100,000 shall be to provide technical assistance and equipment
to foreign law enforcement organizations in criminal
investigations within the jurisdiction of the United States
Secret Service.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $97,131,000,
to remain available until September 30, 2021.
research and development
For necessary expenses of the United States Secret Service
for research and development, $2,500,000, to remain available
until September 30, 2020.
Administrative Provisions
Sec. 201. Section 201 of the Department of Homeland
Security Appropriations Act, 2018 (division F of Public Law
115-141), related to overtime compensation limitations, shall
apply with respect to funds made available in this Act in the
same manner as such section applied to funds made available in
that Act, except that ``fiscal year 2019'' shall be substituted
for ``fiscal year 2018''.
Sec. 202. Funding made available under the headings ``U.S.
Customs and Border Protection--Operations and Support'' and
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' shall be available for customs
expenses when necessary to maintain operations and prevent
adverse personnel actions in Puerto Rico in addition to funding
provided by section 740 of title 48, United States Code.
Sec. 203. As authorized by section 601(b) of the United
States-Colombia Trade Promotion Agreement Implementation Act
(Public Law 112-42), fees collected from passengers arriving
from Canada, Mexico, or an adjacent island pursuant to section
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation
Act of 1985 (19 U.S.C. 58c(a)(5)) shall be available until
expended.
Sec. 204. For an additional amount for ``U.S. Customs and
Border Protection--Operations and Support'', $31,000,000, to
remain available until expended, to be reduced by amounts
collected and credited to this appropriation in fiscal year
2019 from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)),
section 10412 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 8311), and section 817 of the Trade Facilitation
and Trade Enforcement Act of 2015 (Public Law 114-25), or other
such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000,
those amounts in excess of $31,000,000 shall be credited to
this appropriation, to remain available until expended.
Sec. 205. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food,
Drug, and Cosmetic Act) from importing a prescription drug from
Canada that complies with the Federal Food, Drug, and Cosmetic
Act: Provided, That this section shall apply only to
individuals transporting on their person a personal-use
quantity of the prescription drug, not to exceed a 90-day
supply: Provided further, That the prescription drug may not
be--
(1) a controlled substance, as defined in section
102 of the Controlled Substances Act (21 U.S.C. 802);
or
(2) a biological product, as defined in section 351
of the Public Health Service Act (42 U.S.C. 262).
Sec. 206. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code, for
the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland
Security, after consultation with the Secretaries of the
Departments of Energy and Transportation and representatives
from the United States flag maritime industry, takes adequate
measures to ensure the use of United States flag vessels:
Provided, That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws
pursuant to section 501(b) of title 46, United States Code,
with respect to such transportation, and the disposition of
such requests.
Sec. 207. (a) Beginning on the date of enactment of this
Act, the Secretary of Homeland Security shall not--
(1) establish, collect, or otherwise impose any new
border crossing fee on individuals crossing the
Southern border or the Northern border at a land port
of entry; or
(2) conduct any study relating to the imposition of
a border crossing fee.
(b) In this section, the term ``border crossing fee'' means
a fee that every pedestrian, cyclist, and driver and passenger
of a private motor vehicle is required to pay for the privilege
of crossing the Southern border or the Northern border at a
land port of entry.
Sec. 208. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may
reprogram within and transfer funds to ``U.S. Immigration and
Customs Enforcement--Operations and Support'' as necessary to
ensure the detention of aliens prioritized for removal.
Sec. 209. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue a delegation of law
enforcement authority authorized under section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g)) if the
Department of Homeland Security Inspector General determines
that the terms of the agreement governing the delegation of
authority have been materially violated.
Sec. 210. None of the funds provided under the heading
``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the
provision of detention services if the two most recent overall
performance evaluations received by the contracted facility are
less than ``adequate'' or the equivalent median score in any
subsequent performance evaluation system.
Sec. 211. Members of the United States House of
Representatives and the United States Senate, including the
leadership; the heads of Federal agencies and commissions,
including the Secretary, Deputy Secretary, Under Secretaries,
and Assistant Secretaries of the Department of Homeland
Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States
Attorneys; and senior members of the Executive Office of the
President, including the Director of the Office of Management
and Budget, shall not be exempt from Federal passenger and
baggage screening.
Sec. 212. Any award by the Transportation Security
Administration to deploy explosives detection systems shall be
based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased
security concerns, high injury rates, airport readiness, and
increased cost effectiveness.
Sec. 213. Notwithstanding section 44923 of title 49,
United States Code, for fiscal year 2019, any funds in the
Aviation Security Capital Fund established by section 44923(h)
of title 49, United States Code, may be used for the
procurement and installation of explosives detection systems or
for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of
such title.
Sec. 214. None of the funds made available by this or any
other Act may be used by the Administrator of the
Transportation Security Administration to implement,
administer, or enforce, in abrogation of the responsibility
described in section 44903(n)(1) of title 49, United States
Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area
of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
Sec. 215. None of the funds made available by this Act
under the heading ``Coast Guard--Operations and Support'' shall
be for expenses incurred for recreational vessels under section
12114 of title 46, United States Code, except to the extent
fees are collected from owners of yachts and credited to the
appropriation made available by this Act under the heading
``Coast Guard--Operations and Support'': Provided, That to the
extent such fees are insufficient to pay expenses of
recreational vessel documentation under such section 12114, and
there is a backlog of recreational vessel applications,
personnel performing non-recreational vessel documentation
functions under subchapter II of chapter 121 of title 46,
United States Code, may perform documentation under section
12114.
Sec. 216. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operations
and Support'' in accordance with subsection (a) of section 503
of this Act.
Sec. 217. Notwithstanding any other provision of law, the
Commandant of the Coast Guard shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
future-years capital investment plan as described in the second
proviso under the heading ``Coast Guard--Acquisition,
Construction, and Improvements'' in the Department of Homeland
Security Appropriations Act, 2015 (Public Law 114-4), which
shall be subject to the requirements in the third and fourth
provisos under such heading.
Sec. 218. The United States Secret Service is authorized
to obligate funds in anticipation of reimbursements from
executive agencies, as defined in section 105 of title 5,
United States Code, for personnel receiving training sponsored
by the James J. Rowley Training Center, except that total
obligations at the end of the fiscal year shall not exceed
total budgetary resources available under the heading ``United
States Secret Service--Operations and Support'' at the end of
the fiscal year.
Sec. 219. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of a
Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the United States Secret Service
may enter into agreements to provide such protection on a fully
reimbursable basis.
Sec. 220. For purposes of section 503(a)(3) of this Act,
up to $15,000,000 may be reprogrammed within ``United States
Secret Service--Operations and Support''.
Sec. 221. Funding made available in this Act for ``United
States Secret Service--Operations and Support'' is available
for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the
United States Secret Service or a designee notifies the
Committees on Appropriations of the Senate and the House of
Representatives 10 or more days in advance, or as early as
practicable, prior to such expenditures.
Sec. 222. Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall
submit an expenditure plan for the amounts made available for
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'' to the Committees on
Appropriations of the Senate and the House of Representatives:
Provided, That no such amounts may be obligated prior to the
submission of such plan.
Sec. 223. Funds made available for Overseas Contingency
Operations/Global War on Terrorism under the heading ``Coast
Guard--Operations and Support'' may be allocated by program,
project, and activity, notwithstanding section 503 of this Act.
Sec. 224. (a) None of the funds provided by this Act or any
other Act, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, may be used by the Secretary
of Homeland Security to place in detention, remove, refer for a
decision whether to initiate removal proceedings, or initiate
removal proceedings against a sponsor, potential sponsor, or
member of a household of a sponsor or potential sponsor of an
unaccompanied alien child (as defined in section 462(g) of the
Homeland Security Act of 2002 (6 U.S.C. 279(g))) based on
information shared by the Secretary of Health and Human
Services.
(b) Subsection (a) shall not apply if a background check of
a sponsor, potential sponsor, or member of a household of a
sponsor or potential sponsor reveals--
(1) a felony conviction or pending felony charge
that relates to--
(A) an aggravated felony (as defined in
section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)));
(B) child abuse;
(C) sexual violence or abuse; or
(D) child pornography;
(2) an association with any business that employs a
minor who--
(A) is unrelated to the sponsor, potential
sponsor, or member of a household of a sponsor
or potential sponsor; and
(B) is--
(i) not paid a legal wage; or
(ii) unable to attend school due to
the employment; or
(3) an association with the organization or
implementation of prostitution.
Sec. 225. (a) Subject to the provisions of this section,
the Administrator of the Transportation Security Administration
(hereafter in this section referred to as ``the
Administrator'') may conduct a pilot program to provide
screening services outside of an existing primary passenger
terminal screening area where screening services are currently
provided or would be eligible to be provided under the
Transportation Security Administration's annually appropriated
passenger screening program as a primary passenger terminal
screening area.
(b) Any request for screening services under subsection (a)
shall be initiated only at the request of a public or private
entity regulated by the Transportation Security Administration;
shall be made in writing to the Administrator; and may only be
submitted to the Transportation Security Administration after
consultation with the relevant local airport authority.
(c) The Administrator may provide the requested screening
services under subsection (a) if the Administrator provides a
certification to the Committee on Homeland Security and the
Committee on Appropriations of the House of Representatives,
and the Committee on Commerce, Science, and Transportation and
the Committee on Appropriations of the Senate that
implementation of subsection (a) does not reduce the security
or efficiency of screening services already provided in primary
passenger terminals at any impacted airports.
(d) No screening services may be provided under subsection
(a) unless the requesting entity agrees in writing to the scope
of the screening services to be provided, and agrees to
compensate the Transportation Security Administration for all
reasonable personnel and non-personnel costs, including
overtime, of providing the screening services.
(e) The authority available under this section is effective
for fiscal years 2019 through 2021 and may be utilized at not
more than eight locations for transportation security purposes.
(f) Notwithstanding any other provision of law, an airport
authority, air carrier, or other requesting entity shall not be
liable for any claims for damages filed in State or Federal
court (including a claim for compensatory, punitive,
contributory, or indemnity damages) relating to--
(1) an airport authority's or other entity's
decision to request that the Transportation Security
Administration provide passenger screening services
outside of a primary passenger terminal screening area;
or
(2) any act of negligence, gross negligence, or
intentional wrongdoing by employees of the
Transportation Security Administration providing
passenger and property security screening services at a
pilot program screening location.
(g) Notwithstanding any other provision of law, any
compensation received by the Transportation Security
Administration under subsection (d) shall be credited to the
account used to finance the provision of reimbursable security
screening services under subsection (a).
(h) The Administrator shall submit to the Committee on
Homeland Security and the Committee on Appropriations of the
House of Representatives, and the Committee on Commerce,
Science, and Transportation and the Committee on Appropriations
of the Senate--
(1) an implementation plan for the pilot programs
under subsection (a), including the application
process, that is due by 90 days after the date of
enactment of this Act;
(2) an evaluation plan for the pilot programs; and
(3) annual performance reports, by not later than
60 days after the end of each fiscal year in which the
pilot programs are in operation, including--
(A) the amount of reimbursement received by
the Transportation Security Administration from
each entity in the pilot program for the
preceding fiscal year, delineated by personnel
and non-personnel costs;
(B) an analysis of the results of the pilot
programs corresponding to the evaluation plan
required under paragraph (2);
(C) any Transportation Security
Administration staffing changes created at the
primary passenger screening checkpoints and
baggage screening as a result of the pilot
program; and
(D) any other unintended consequences
created by the pilot program.
(i) Except as otherwise provided in this section, nothing
in this section may be construed as affecting in any manner the
responsibilities, duties, or authorities of the Transportation
Security Administration.
(j) For the purposes of this section, the term ``airport''
means a commercial service airport as defined by section
47107(7) of title 49 United States Code.
(k) For the purposes of this section, the term ``screening
services'' means the screening of passengers, flight crews, and
their carry-on baggage and personal articles, and may include
checked baggage screening if that type of screening is
performed at an offsite location that is not part of a
passenger terminal of a commercial airport.
(l) For the purpose of this section, the term ``primary
passenger terminal screening area'' means the security
checkpoints relied upon by airports as the principal points of
entry to a sterile area of an airport.
Sec. 226. Not later than 90 days after the date of
enactment of this Act and weekly thereafter, the Director of
U.S. Immigration and Customs Enforcement shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, and make available on a publicly accessible
website, a report detailing--
(1) data on aliens detained; including average
fiscal year to date daily populations of aliens
detained; daily counts of the number of aliens detained
as of the date of each report, total fiscal year-to-
date book-ins; and average lengths of stay of aliens
detained (including average post-determination length
of stay in the case of detainees described in
subparagraph (B)) for--
(A) single adults and for members of family
units detained in the custody of U.S.
Immigration and Customs Enforcement,
disaggregated by whether the detainees were--
(i) transferred to the custody of
U.S. Immigration and Customs
Enforcement by U.S. Customs and Border
Protection after being deemed
inadmissible at a port of entry or
after being apprehended within 14 days
of entering the United States; or
(ii) arrested by U.S. Immigration
and Customs Enforcement;
(B) detainees in the custody of U.S.
Immigration and Customs Enforcement who are
determined to have a credible or reasonable
fear of--
(i) persecution, as defined in
section 235(b)(1)(B)(v) of the
Immigration and Nationality Act; or
(ii) torture, as defined in section
208.30 of title 8, Code of Federal
Regulations (as in effect on January 1,
2018);
(C) detainees in the custody of U.S.
Immigration and Customs Enforcement who have
been issued a Notice to Appear pursuant to
section 239 of the Immigration and Nationality
Act, disaggregated by single adults and members
of family units; and
(2) the total number of enrollees in the
Alternatives to Detention program and the average
length of participation, disaggregated by--
(A) single adults and family heads of
household;
(B) participants in the family case
management program;
(C) level of supervision; and
(D) the locations of supervision, by field
office.
Sec. 227. None of the funds in this Act shall be used to
reduce the Coast Guard's Operations Systems Center mission or
its government-employed or contract staff levels.
Sec. 228. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a
competition under Office of Management and Budget Circular A-76
for activities performed with respect to the Coast Guard
National Vessel Documentation Center.
Sec. 229. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the
Coast Guard nationwide, including civil engineering units,
facilities design and construction centers, maintenance and
logistics commands, and the Coast Guard Academy, except that
none of the funds provided in this Act may be used to reduce
operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of
enactment of this Act.
Sec. 230. (a) Of the total amount made available under
``U.S. Customs and Border Protection--Procurement,
Construction, and Improvements'', $2,370,222,000 shall be
available only as follows:
(1) $1,375,000,000 is for the construction of
primary pedestrian fencing, including levee pedestrian
fencing, in the Rio Grande Valley Sector;
(2) $725,000,000 is for the acquisition and
deployment of border security technologies and trade
and travel assets and infrastructure, to include
$570,000,000 for non-intrusive inspection equipment at
ports of entry; and
(3) $270,222,000 is for construction and facility
improvements, to include $222,000,000 for humanitarian
needs, $14,775,000 for Office of Field Operations
facilities, and $33,447,000 for Border Patrol station
facility improvements.
(b) The amounts designated in subsection (a)(1) shall only
be available for operationally effective designs deployed as of
the date of the Consolidated Appropriations Act, 2017 (Public
Law 115-31), such as currently deployed steel bollard designs,
that prioritize agent safety.
(c) Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit to
the Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and the
Comptroller General of the United States an updated risk-based
plan for improving security along the borders of the United
States that includes the elements required under subsection (a)
of section 231 of division F of the Consolidated Appropriations
Act, 2018 (Public Law 115-141), which shall be evaluated in
accordance with subsection (b) of such section.
Sec. 231. None of the funds made available by this Act or
prior Acts are available for the construction of pedestrian
fencing--
(1) within the Santa Ana Wildlife Refuge;
(2) within the Bentsen-Rio Grande Valley State
Park;
(3) within La Lomita Historical park;
(4) within the National Butterfly Center; or
(5) within or east of the Vista del Mar Ranch tract
of the Lower Rio Grande Valley National Wildlife
Refuge.
Sec. 232. (a) Prior to use of any funds made available by
this Act for the construction of physical barriers within the
city limits of any city or census designated place described in
subsection (c), the Department of Homeland Security and the
local elected officials of such a city or census designated
place shall confer and seek to reach mutual agreement regarding
the design and alignment of physical barriers within that city
or the census designated place (as the case may be). Such
consultations shall continue until September 30, 2019 (or until
agreement is reached, if earlier) and may be extended beyond
that date by agreement of the parties, and no funds made
available in this Act shall be used for such construction while
consultations are continuing.
(b) Not later than July 1, 2019, the Secretary shall issue
notices for public comment regarding construction of pedestrian
fencing in the places identified in subsection (c). The notices
shall afford the public not less than 60 days to submit
comments on the location of proposed fencing in the affected
areas. Not later than 90 days following the end of the comment
period identified in this subsection, the Department shall
publish in the Federal Register its responses to the comments
received along with its plans for construction in the areas
identified in the notice to which it is responding.
(c) The cities and census designated place described in
this subsection are as follows:
(1) Roma, Texas.
(2) Rio Grande City, Texas.
(3) Escobares, Texas.
(4) La Grulla, Texas.
(5) The census designated place of Salineno, Texas.
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Cybersecurity and Infrastructure Security Agency
operations and support
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for operations and support,
$1,345,802,000, of which $18,650,000 shall remain available
until September 30, 2020: Provided, That not to exceed $3,825
shall be for official reception and representation expenses.
federal protective service
The revenues and collections of security fees credited to
this account shall be available until expended for necessary
expenses related to the protection of federally owned and
leased buildings and for the operations of the Federal
Protective Service.
procurement, construction, and improvements
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for procurement, construction,
and improvements, $322,829,000, to remain available until
September 30, 2021.
research and development
For necessary expenses of the Cybersecurity and
Infrastructure Security Agency for research and development,
$13,126,000, to remain available until September 30, 2020.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,066,258,000: Provided,
That not to exceed $2,250 shall be for official reception and
representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$133,830,000, of which $61,834,000 shall remain available until
September 30, 2021, and of which $71,996,000 shall remain
available until September 30, 2023.
federal assistance
For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $3,094,210,000, which shall
be allocated as follows:
(1) $525,000,000 for the State Homeland Security
Grant Program under section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605), of which
$90,000,000 shall be for Operation Stonegarden, and
$10,000,000 shall be for organizations (as described
under section 501(c)(3) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack: Provided,
That notwithstanding subsection (c)(4) of such section
2004, for fiscal year 2019, the Commonwealth of Puerto
Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of
Puerto Rico under this paragraph in accordance with
subsection (c)(1) of such section 2004.
(2) $640,000,000 for the Urban Area Security
Initiative under section 2003 of the Homeland Security
Act of 2002 (6 U.S.C. 604), of which $50,000,000 shall
be for organizations (as described under section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be
at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-
Road Bus Security Assistance under sections 1406, 1513,
and 1532 of the Implementing Recommendations of the 9/
11 Commission Act of 2007 (6 U.S.C. 1135, 1163, and
1182), of which $10,000,000 shall be for Amtrak
security and $2,000,000 shall be for Over-the-Road Bus
Security: Provided, That such public transportation
security assistance shall be provided directly to
public transportation agencies.
(4) $100,000,000 for Port Security Grants in
accordance with section 70107 of title 46, United
States Code.
(5) $700,000,000, to remain available until
September 30, 2020, of which $350,000,000 shall be for
Assistance to Firefighter Grants and $350,000,000 shall
be for Staffing for Adequate Fire and Emergency
Response Grants under sections 33 and 34 respectively
of the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management
performance grants under the National Flood Insurance
Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T.
Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121), the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7701), section 762 of title 6,
United States Code, and Reorganization Plan No. 3 of
1978 (5 U.S.C. App.).
(7) $262,531,000 for necessary expenses for Flood
Hazard Mapping and Risk Analysis, in addition to and to
supplement any other sums appropriated under the
National Flood Insurance Fund, and such additional sums
as may be provided by States or other political
subdivisions for cost-shared mapping activities under
section 1360(f)(2) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4101(f)(2)), to remain available
until expended.
(8) $10,000,000 for Regional Catastrophic
Preparedness Grants.
(9) $10,000,000 for Rehabilitation of High Hazard
Potential Dams under section 8A of the National Dam
Safety Program Act (33 U.S.C. 467f-2).
(10) $120,000,000 for the emergency food and
shelter program under title III of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11331), to remain
available until expended: Provided, That not to exceed
3.5 percent shall be for total administrative costs.
(11) $276,679,000 to sustain current operations for
training, exercises, technical assistance, and other
programs.
disaster relief fund
(including transfer of funds)
For necessary expenses in carrying out the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.), $12,558,000,000, to remain available
until expended, of which $3,000,000 may be transferred to the
Disaster Assistance Direct Loan Program for administrative
expenses to carry out the program as authorized by section 417
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5184): Provided, That of the amount
provided under this heading, $12,000,000,000 shall be for major
disasters declared pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
and is designated by the Congress as being for disaster relief
pursuant to section 251(b)(2)(D) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That
of the amounts set aside from funds provided under this heading
pursuant to subsection (i)(1) of section 203 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5133(i)(1)), $250,000,000 shall be available to carry
out activities for the National Predisaster Mitigation Fund
under that section of that Act (as in effect on the day before
the amendments made by section 1234 of the Disaster Recovery
Reform Act of 2018 (division D of Public Law 115-254) took
effect), in addition to any amounts otherwise made available
for such purpose by this or any other Act and may be merged in
this account for all purposes with funds for the revised
National Public Infrastructure Predisaster Mitigation
Assistance, as authorized by the amendments made to section 203
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133) by section 1234 of the Disaster
Recovery Reform Act of 2018 (division D of Public Law 115-254),
once that assistance has been fully implemented: Provided
further, That $300,000,000 of the amounts provided under this
heading in this Act shall be derived from unobligated balances
from prior year appropriations available under this heading:
Provided further, That none of the amounts derived from
unobligated balances in the previous proviso shall be from
amounts that were designated by the Congress as being for an
emergency requirement pursuant to a Concurrent Resolution on
the budget or section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985 or as being for
disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of
1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection
Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters Flood
Insurance Reform Act of 2012 (Public Law 112-141, 126 Stat.
916), and the Homeowner Flood Insurance Affordability Act of
2014 (Public Law 113-89; 128 Stat. 1020), $202,153,000, to
remain available until September 30, 2020, which shall be
derived from offsetting amounts collected under section 1308(d)
of the National Flood Insurance Act of 1968 (42 U.S.C.
4015(d)); of which $13,858,000 shall be available for mission
support associated with flood management; and of which
$188,295,000 shall be available for flood plain management and
flood mapping: Provided, That any additional fees collected
pursuant to section 1308(d) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain
management and flood mapping: Provided further, That in fiscal
year 2019, no funds shall be available from the National Flood
Insurance Fund under section 1310 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4017) in excess of--
(1) $176,304,000 for operating expenses and
salaries and expenses associated with flood insurance
operations;
(2) $1,123,000,000 for commissions and taxes of
agents;
(3) such sums as are necessary for interest on
Treasury borrowings; and
(4) $175,000,000, which shall remain available
until expended, for flood mitigation actions and for
flood mitigation assistance under section 1366 of the
National Flood Insurance Act of 1968 (42 U.S.C. 4104c),
notwithstanding sections 1366(e) and 1310(a)(7) of such
Act (42 U.S.C. 4104c(e), 4017):
Provided further, That the amounts collected under section
102 of the Flood Disaster Protection Act of 1973 (42 U.S.C.
4012a) and section 1366(e) of the National Flood Insurance Act
of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the
National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood
Insurance Act of 1968, notwithstanding section 102(f)(8),
section 1366(e) of the National Flood Insurance Act of 1968,
and paragraphs (1) through (3) of section 1367(b) of such Act
(42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided
further, That total administrative costs shall not exceed 4
percent of the total appropriation: Provided further, That up
to $5,000,000 is available to carry out section 24 of the
Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C.
4033).
Administrative Provisions
Sec. 301. Not later than 180 days after the date of
enactment of this Act, the Federal Protective Service, in
conjunction with the Office of Management and Budget, shall
provide a report to the Committees on Appropriations of the
Senate and the House of Representatives providing no fewer than
three options for a revised method to assess and allocate costs
for countermeasures.
Sec. 302. Notwithstanding section 2008(a)(12) of the
Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any
other provision of law, not more than 5 percent of the amount
of a grant made available in paragraphs (1) through (4) under
``Federal Emergency Management Agency--Federal Assistance'',
may be used by the grantee for expenses directly related to
administration of the grant.
Sec. 303. Applications for grants under the heading
``Federal Emergency Management Agency--Federal Assistance'',
for paragraphs (1) through (4), shall be made available to
eligible applicants not later than 60 days after the date of
enactment of this Act, eligible applicants shall submit
applications not later than 80 days after the grant
announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of
an application.
Sec. 304. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
through (4), (8), and (9), the Administrator of the Federal
Emergency Management Agency shall brief the Committees on
Appropriations of the Senate and the House of Representatives 5
full business days in advance of announcing publicly the
intention of making an award.
Sec. 305. Under the heading ``Federal Emergency Management
Agency--Federal Assistance'', for grants under paragraphs (1)
and (2), the installation of communications towers is not
considered construction of a building or other physical
facility.
Sec. 306. The reporting requirements in paragraphs (1) and
(2) under the heading ``Federal Emergency Management Agency--
Disaster Relief Fund'' in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114-4) shall be applied in
fiscal year 2019 with respect to budget year 2020 and current
fiscal year 2019, respectively--
(1) in paragraph (1) by substituting ``fiscal year
2020'' for ``fiscal year 2016''; and
(2) in paragraph (2) by inserting ``business''
after ``fifth''.
Sec. 307. In making grants under the heading ``Firefighter
Assistance Grants'', the Secretary may grant waivers from the
requirements in subsections (a)(1)(A), (a)(1)(B), (a)(1)(E),
(c)(1), (c)(2), and (c)(4) of section 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229a).
Sec. 308. The aggregate charges assessed during fiscal
year 2019, as authorized in title III of the Departments of
Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 1999 (42 U.S.C.
5196e), shall not be less than 100 percent of the amounts
anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program
for the next fiscal year: Provided, That the methodology for
assessment and collection of fees shall be fair and equitable
and shall reflect costs of providing such services, including
administrative costs of collecting such fees: Provided
further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting
collections and will become available for authorized purposes
on October 1, 2019, and remain available until expended.
Sec. 309. (a) The Federal share of assistance, including
direct Federal assistance, provided under sections 403 and 407
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170b and 42 U.S.C. 5173), with
respect to a major disaster declared pursuant to such Act for
damages resulting from a wildfire in calendar year 2018, shall
be not less than 90 percent of the eligible costs under such
section.
(b) The Federal share provided by subsection (a) shall
apply to assistance provided before, on, or after the date of
enactment of this Act.
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$109,688,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of the
E-Verify Program, $22,838,000, to remain available until
September 30, 2021.
federal assistance
For necessary expenses of U.S. Citizenship and Immigration
Services for Federal assistance for the Citizenship and
Integration Grant Program, $10,000,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the
purchase of not to exceed 117 vehicles for police-type use and
hire of passenger motor vehicles, and services as authorized by
section 3109 of title 5, United States Code, $277,876,000, of
which $20,000,000 shall remain available until September 30,
2020: Provided, That not to exceed $7,180 shall be for
official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Law Enforcement
Training Centers for procurement, construction, and
improvements, $50,943,000, to remain available until September
30, 2023.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology
Directorate for operations and support, including the purchase
or lease of not to exceed 5 vehicles, $308,520,000, of which
$170,462,000 shall remain available until September 30, 2020:
Provided, That not to exceed $10,000 shall be for official
reception and representation expenses.
research and development
For necessary expenses of the Science and Technology
Directorate for research and development, $511,265,000, to
remain available until September 30, 2021.
Countering Weapons of Mass Destruction Office
operations and support
For necessary expenses of the Countering Weapons of Mass
Destruction Office for operations and support, $187,095,000:
Provided, That not to exceed $2,250 shall be for official
reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Countering Weapons of Mass
Destruction Office for procurement, construction, and
improvements, $100,096,000, to remain available until September
30, 2021.
research and development
For necessary expenses of the Countering Weapons of Mass
Destruction Office for research and development, $83,043,000,
to remain available until September 30, 2021.
federal assistance
For necessary expenses of the Countering Weapons of Mass
Destruction Office for Federal assistance through grants,
contracts, cooperative agreements, and other activities,
$64,663,000, to remain available until September 30, 2021.
Administrative Provisions
(including transfer of funds)
Sec. 401. Notwithstanding any other provision of law,
funds otherwise made available to U.S. Citizenship and
Immigration Services may be used to acquire, operate, equip,
and dispose of up to 5 vehicles, for replacement only, for
areas where the Administrator of General Services does not
provide vehicles for lease: Provided, That the Director of
U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles
to travel between the employees' residences and places of
employment.
Sec. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks
required by law to be completed prior to the granting of the
benefit have been received by U.S. Citizenship and Immigration
Services, and the results do not preclude the granting of the
benefit.
Sec. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of
Management and Budget Circular A-76 for services provided by
employees (including employees serving on a temporary or term
basis) of U.S. Citizenship and Immigration Services of the
Department of Homeland Security who are known as Immigration
Information Officers, Immigration Service Analysts, Contact
Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal
law enforcement agencies for expenses incurred participating in
training accreditation.
Sec. 405. The Federal Law Enforcement Training
Accreditation Board, including representatives from the Federal
law enforcement community and non-Federal accreditation experts
involved in law enforcement training, shall lead the Federal
law enforcement training accreditation process to continue the
implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs,
facilities, and instructors.
Sec. 406. The Director of the Federal Law Enforcement
Training Centers may accept transfers to the account
established by section 407(a) of division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) from Government
agencies requesting the construction of special use facilities,
as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers
maintain administrative control and ownership upon completion
of such facilities.
Sec. 407. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as
inherently governmental for the purpose of the Federal
Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).
Sec. 408. The Secretary of Homeland Security may transfer
personnel and up to $15,000,000 in unexpended balances of
amounts made available to the Department of Homeland Security
under the heading ``Science and Technology Directorate--
Operations and Support'' in division F of the Consolidated
Appropriations Act, 2018 (Public Law 115-141) to the Department
of Agriculture for the purpose of contract and associated
support of the operations of the National Bio and Agro-defense
Facility: Provided, That the Secretary shall notify the
Committees on Appropriations of the Senate and the House of
Representatives at least 30 days in advance of such transfer.
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of
this Act, the unexpended balances of prior appropriations
provided for activities in this Act may be transferred to
appropriation accounts for such activities established pursuant
to this Act, may be merged with funds in the applicable
established accounts, and thereafter may be accounted for as
one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act,
provided by previous appropriations Acts to the components in
or transferred to the Department of Homeland Security that
remain available for obligation or expenditure in fiscal year
2019, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to
the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates or eliminates a program, project, or
activity, or increases funds for any program, project,
or activity for which funds have been denied or
restricted by the Congress;
(2) contracts out any function or activity
presently performed by Federal employees or any new
function or activity proposed to be performed by
Federal employees in the President's budget proposal
for fiscal year 2019 for the Department of Homeland
Security;
(3) augments funding for existing programs,
projects, or activities in excess of $5,000,000 or 10
percent, whichever is less;
(4) reduces funding for any program, project, or
activity, or numbers of personnel, by 10 percent or
more; or
(5) results from any general savings from a
reduction in personnel that would result in a change in
funding levels for programs, projects, or activities as
approved by the Congress.
(b) Subsection (a) shall not apply if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 15 days in advance of such reprogramming.
(c) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by such
transfer.
(d) Notwithstanding subsections (a), (b), and (c), no funds
shall be reprogrammed within or transferred between
appropriations based upon an initial notification provided
after June 30, except in extraordinary circumstances that
imminently threaten the safety of human life or the protection
of property.
(e) The notification thresholds and procedures set forth in
subsections (a), (b), (c), and (d) shall apply to any use of
deobligated balances of funds provided in previous Department
of Homeland Security Appropriations Acts that remain available
for obligation in the current year.
(f) Notwithstanding subsection (c), the Secretary of
Homeland Security may transfer to the fund established by 8
U.S.C. 1101 note, up to $20,000,000 from appropriations
available to the Department of Homeland Security: Provided,
That the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 5 days in advance of such transfer.
Sec. 504. Section 504 of the Department of Homeland
Security Appropriations Act, 2017 (division F of Public Law
115-31), related to the operations of a working capital fund,
shall apply with respect to funds made available in this Act in
the same manner as such section applied to funds made available
in that Act.
Sec. 505. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2019, as recorded in the
financial records at the time of a reprogramming notification,
but not later than June 30, 2020, from appropriations for
``Operations and Support'' for fiscal year 2019 in this Act
shall remain available through September 30, 2020, in the
account and for the purposes for which the appropriations were
provided: Provided, That prior to the obligation of such
funds, a notification shall be submitted to the Committees on
Appropriations of the Senate and the House of Representatives
in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for
intelligence activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2019 until the enactment of an Act authorizing
intelligence activities for fiscal year 2019.
Sec. 507. (a) The Secretary of Homeland Security, or the
designee of the Secretary, shall notify the Committees on
Appropriations of the Senate and the House of Representatives
at least 3 full business days in advance of--
(1) making or awarding a grant allocation, grant,
contract, other transaction agreement, or task or
delivery order on a Department of Homeland Security
multiple award contract, or to issue a letter of intent
totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than
$10,000,000 from multi-year Department of Homeland
Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or
award items under paragraph (1), (2), or (3), including
a contract covered by the Federal Acquisition
Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to
human life, health, or safety, an award may be made without
notification, and the Secretary shall notify the Committees on
Appropriations of the Senate and the House of Representatives
not later than 5 full business days after such an award is made
or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available
for obligation; and
(2) shall include the amount of the award; the
fiscal year for which the funds for the award were
appropriated; the type of contract; and the account
from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no
agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations,
to be used for the purpose of conducting Federal law
enforcement training without advance notification to the
Committees on Appropriations of the Senate and the House of
Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Centers
facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any
construction, repair, alteration, or acquisition project for
which a prospectus otherwise required under chapter 33 of title
40, United States Code, has not been approved, except that
necessary funds may be expended for each project for required
expenses for the development of a proposed prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of
Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with
respect to funds made available in this Act in the same manner
as such sections applied to funds made available in that Act.
Sec. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the
Buy American Act: Provided, That for purposes of the preceding
sentence, the term ``Buy American Act'' means chapter 83 of
title 41, United States Code.
Sec. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. None of the funds provided or otherwise made
available in this Act shall be available to carry out section
872 of the Homeland Security Act of 2002 (6 U.S.C. 452) unless
explicitly authorized by the Congress.
Sec. 514. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a
national identification card.
Sec. 515. Any official that is required by this Act to
report or to certify to the Committees on Appropriations of the
Senate and the House of Representatives may not delegate such
authority to perform that act unless specifically authorized
herein.
Sec. 516. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 517. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies
funded by this Act in contravention of sections 301-10.122
through 301-10.124 of title 41, Code of Federal Regulations.
Sec. 518. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of
the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 519. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or performance that does not meet the
basic requirements of a contract.
Sec. 520. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such
contract is entered into in accordance with the requirements of
subtitle I of title 41, United States Code, or chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless such contract is otherwise authorized by
statute to be entered into without regard to the above
referenced statutes.
Sec. 521. (a) For an additional amount for financial
systems modernization, $51,000,000, to remain available until
September 30, 2020.
(b) Funds made available in subsection (a) for financial
systems modernization may be transferred by the Secretary of
Homeland Security between appropriations for the same purpose,
notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur
until 15 days after the Committees on Appropriations of the
Senate and the House of Representatives are notified of such
transfer.
Sec. 522. (a) The funds appropriated to the Department of
Homeland Security in this Act for ``Operations and Support''
shall be hereby reduced, as determined by the Chief Financial
Officer, by a total of $12,000,000 to realize administrative
savings, including savings from requirements, supplies, or
materials that were funded by the Department using fiscal year
2018 appropriations for contracts with periods of performance
in fiscal year 2019.
(b) Funds may only be reduced for the respective
appropriations from amounts identified in the budget appendix,
as modified by the report accompanying this Act, by object
classes 25.1, 25.2, 25.3, and 26.2.
(c) No funds may be reduced from amounts provided under the
following headings and activities:
(1) ``Cybersecurity and Infrastructure Security
Agency--Operations and Support'';
(2) ``Coast Guard--Operations and Support'' for
defense-related activities; and
(3) ``Federal Emergency Management Agency--
Operations and Support'' for National Continuity
Programs in the Preparedness and Protection program,
project, and activity.
(d) No amounts may be reduced from amounts that were
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism or as an emergency requirement pursuant
to a concurrent resolution on the budget or section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 or from amounts that were designated by the
Congress as being for disaster relief pursuant to section
251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
(e) The Secretary shall submit a notification to the
Committees on Appropriations of the Senate and the House of
Representatives specifying the account and amount of each
reduction made pursuant to this section.
Sec. 523. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 524. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual
is an agent of a drug cartel unless law enforcement personnel
of the United States continuously monitor or control the
firearm at all times.
Sec. 525. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single
international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in
the national interest and notifies the Committees on
Appropriations of the Senate and the House of Representatives
within at least 10 days of that determination and the basis for
that determination: Provided, That for purposes of this
section the term ``international conference'' shall mean a
conference occurring outside of the United States attended by
representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations: Provided further, That the total cost to the
Department of Homeland Security of any such conference shall
not exceed $500,000.
Sec. 526. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
Sec. 527. None of the funds made available to the
Department of Homeland Security by this or any other Act may be
obligated for any structural pay reform that affects more than
100 full-time positions or costs more than $5,000,000 in a
single year before the end of the 30-day period beginning on
the date on which the Secretary of Homeland Security submits to
Congress a notification that includes--
(1) the number of full-time positions affected by
such change;
(2) funding required for such change for the
current year and through the Future Years Homeland
Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to
such change that were considered by the Department.
Sec. 528. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the
public website of that agency any report required to be
submitted by the Committees on Appropriations of the Senate and
the House of Representatives in this Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
homeland or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
Committees on Appropriations of the Senate and the House of
Representatives for not less than 45 days except as otherwise
specified in law.
Sec. 529. (a) Funding provided in this Act for ``Operations
and Support'' may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ``minor'' refers to end
items with a unit cost of $250,000 or less for personal
property, and $2,000,000 or less for real property.
Sec. 530. The authority provided by section 532 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141) regarding primary and secondary schooling
of dependents shall continue in effect during fiscal year 2019.
Sec. 531. (a) For an additional amount for ``Federal
Emergency Management Agency--Federal Assistance'', $41,000,000,
to remain available until September 30, 2020, exclusively for
providing reimbursement of extraordinary law enforcement
personnel costs for protection activities directly and
demonstrably associated with any residence of the President
that is designated or identified to be secured by the United
States Secret Service.
(b) Subsections (b) through (f) of section 534 of the
Department of Homeland Security Appropriations Act, 2018
(Public Law 115-141), shall be applied with respect to amounts
made available by subsection (a) of this section by
substituting ``October 1, 2019'' for ``October 1, 2018'' and
``October 1, 2018'' for ``October 1, 2017''.
Sec. 532. None of the funds made available by this Act may
be used to prevent a Member of Congress from entering, for the
purpose of conducting oversight, any facility operated by or
for the Department of Homeland Security used to detain or
otherwise house alien minors, or to make any temporary
modification at any such facility that in any way alters what
is observed by a visiting Member of Congress, compared to what
would be observed in the absence of such modification.
Sec. 533. (a) Except as provided in subsection (b), none of
the funds made available in this Act may be used to place
restraints on a woman in the custody of the Department of
Homeland Security (including during transport, in a detention
facility, or at an outside medical facility) who is pregnant or
in post-delivery recuperation.
(b) Subsection (a) shall not apply with respect to a
pregnant woman if--
(1) an appropriate official of the Department of
Homeland Security makes an individualized determination
that the woman--
(A) is a serious flight risk, and such risk
cannot be prevented by other means; or
(B) poses an immediate and serious threat
to harm herself or others that cannot be
prevented by other means; or
(2) a medical professional responsible for the care
of the pregnant woman determines that the use of
therapeutic restraints is appropriate for the medical
safety of the woman.
(c) If a pregnant woman is restrained pursuant to
subsection (b), only the safest and least restrictive
restraints, as determined by the appropriate medical
professional treating the woman, may be used. In no case may
restraints be used on a woman who is in active labor or
delivery, and in no case may a pregnant woman be restrained in
a face-down position with four-point restraints, on her back,
or in a restraint belt that constricts the area of the
pregnancy. A pregnant woman who is immobilized by restraints
shall be positioned, to the maximum extent feasible, on her
left side.
Sec. 534. None of the funds made available by this Act may
be used to destroy any document, recording, or other record
pertaining to any potential sexual assault or abuse perpetrated
against any individual held in the custody of the Department of
Homeland Security.
Sec. 535. Section 513 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to
funds made available in this Act in the same manner as such
section applied to funds made available in that Act.
Sec. 536. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 537. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2020 that
assumes revenues or proposes a reduction from the previous year
based on user fees proposals that have not been enacted into
law prior to the submission of the budget, the Secretary of
Homeland Security shall provide the Committees on
Appropriations of the Senate and the House of Representatives
specific reductions in proposed discretionary budget authority
commensurate with the revenues assumed in such proposals in the
event that they are not enacted prior to October 1, 2019.
(rescissions)
Sec. 538. The following unobligated balances made
available to the Department of Homeland Security pursuant to
section 505 of the Department of Homeland Security
Appropriations Act, 2018 (Public Law 115-141) are rescinded:
(1) $169,000 from ``Office of the Secretary and
Executive Management--Operations and Support'';
(2) $328,000 from ``Management Directorate--
Operations and Support'';
(3) $366,000 from ``Intelligence, Analysis, and
Operations Coordination--Operations and Support'';
(4) $427,000 from ``U.S. Customs and Border
Protection--Operations and Support'';
(5) $30,000 from ``Coast Guard--Operating
Expenses'';
(6) $1,040,000 from ``Coast Guard--Acquisition,
Construction, and Improvements'';
(7) $5,166,000 from ``United States Secret
Service--Operations and Support'';
(8) $1,589,000 from ``National Protection and
Programs Directorate--Operations and Support'';
(9) $362,000 from ``Office of Health Affairs--
Operations and Support'';
(10) $362,000 from ``Federal Emergency Management
Agency--Operations and Support'';
(11) $206,000 from ``U.S. Citizenship and
Immigration Services--Operations and Support'';
(12) $63,000 from ``Science and Technology
Directorate--Operations and Support''; and
(13) $437,000 from ``Domestic Nuclear Detection
Office--Operations and Support''.
(rescissions)
Sec. 539. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded
from the following accounts and programs in the specified
amounts: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985 (Public Law 99-177):
(1) $33,870,000 from Public Law 115-141 under the
heading ``Transportation Security Administration--
Operations and Support''.
(2) $17,045,000 from Public Law 115-31 under the
heading ``Coast Guard--Research, Development, Test, and
Evaluation''.
(3) $17,200,000 from Public Law 115-141 under the
heading ``Domestic Nuclear Detection Office--Federal
Assistance''.
(4) $7,400,000 from Public Law 114-4 under the
heading ``Coast Guard--Acquisition, Construction, and
Improvements''.
(5) $5,200,000 from Public Law 114-113 under the
heading ``Coast Guard--Acquisition, Construction, and
Improvements''.
(rescission)
Sec. 540. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by
section 9703 of title 31, United States Code (added by section
638 of Public Law 102-393), $200,000,000 shall be permanently
rescinded not later than September 30, 2019.
This division may be cited as the ``Department of Homeland
Security Appropriations Act, 2019''.
DIVISION B--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,603,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $800,000 shall be available for the Office of the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the Rural
Development mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $1,496,000 shall be available for the
Office of Homeland Security; not to exceed $4,711,000 shall be
available for the Office of Partnerships and Public Engagement;
not to exceed $23,176,000 shall be available for the Office of
the Assistant Secretary for Administration, of which
$22,301,000 shall be available for Departmental Administration
to provide for necessary expenses for management support
services to offices of the Department and for general
administration, security, repairs and alterations, and other
miscellaneous supplies and expenses not otherwise provided for
and necessary for the practical and efficient work of the
Department: Provided further, That funds made available by
this Act to an agency in the Administration mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office; not to exceed
$3,869,000 shall be available for the Office of Assistant
Secretary for Congressional Relations to carry out the programs
funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive
branch; and not to exceed $7,500,000 shall be available for the
Office of Communications: Provided further, That the Secretary
of Agriculture is authorized to transfer funds appropriated for
any office of the Office of the Secretary to any other office
of the Office of the Secretary: Provided further, That no
appropriation for any office shall be increased or decreased by
more than 5 percent: Provided further, That not to exceed
$22,000 of the amount made available under this paragraph for
the immediate Office of the Secretary shall be available for
official reception and representation expenses, not otherwise
provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the
holding of hearings as required by 5 U.S.C. 551-558: Provided
further, That funds made available under this heading for the
Office of the Assistant Secretary for Congressional Relations
may be transferred to agencies of the Department of Agriculture
funded by this Act to maintain personnel at the agency level:
Provided further, That no funds made available under this
heading for the Office of Assistant Secretary for Congressional
Relations may be obligated after 30 days from the date of
enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on the
allocation of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $21,286,000, of which $5,000,000 shall be for grants
or cooperative agreements for policy research under 7 U.S.C.
3155.
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $55,630,000, of which not less than
$38,000,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund up
to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C. 121,
for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $59,967,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
$3,503,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any agency
of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000, including
such sums as may be necessary for contracting and other
arrangements with public agencies and private persons pursuant
to section 6(a)(9) of the Inspector General Act of 1978 (Public
Law 95-452; 5 U.S.C. App.), and including not to exceed
$125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the
direction of the Inspector General pursuant to the Inspector
General Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and
section 1337 of the Agriculture and Food Act of 1981 (Public
Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $174,517,000, of which up to $45,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current Industrial
Report surveys subject to 7 U.S.C. 2204g(d) and (f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests
transferred out of Federal ownership, $1,303,266,000, of which
$10,600,000, to remain available until expended, shall be used
to carry out the science program at the National Bio- and Agro-
defense Facility located in Manhattan, Kansas: Provided, That
appropriations hereunder shall be available for the operation
and maintenance of aircraft and the purchase of not to exceed
one for replacement only: Provided further, That
appropriations hereunder shall be available pursuant to 7
U.S.C. 2250 for the construction, alteration, and repair of
buildings and improvements, but unless otherwise provided, the
cost of constructing any one building shall not exceed
$500,000, except for headhouses or greenhouses which shall each
be limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a cost
not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of
the current replacement value of the building or $500,000,
whichever is greater: Provided further, That appropriations
hereunder shall be available for entering into lease agreements
at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by the Agricultural Research Service and a condition of the
lease shall be that any facility shall be owned, operated, and
maintained by the non-Federal entity and shall be removed upon
the expiration or termination of the lease agreement: Provided
further, That the limitations on alterations contained in this
Act shall not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for the
construction of a research facility by a non-Federal entity for
use by, and acceptable to, the Agricultural Research Service
and a condition of the easements shall be that upon completion
the facility shall be accepted by the Secretary, subject to the
availability of funds herein, if the Secretary finds that
acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual
for the purpose of establishing or operating any research
facility or research project of the Agricultural Research
Service, as authorized by law.
buildings and facilities
For the acquisition of land, construction, repair,
improvement, extension, alteration, and purchase of fixed
equipment or facilities as necessary to carry out the
agricultural research programs of the Department of
Agriculture, where not otherwise provided, $381,200,000 to
remain available until expended, of which $247,700,000 shall be
allocated for ARS facilities co-located with university
partners.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $927,649,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the joint explanatory statement
accompanying this Act: Provided, That funds for research
grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of
agriculture, the agriculture and food research initiative,
veterinary medicine loan repayment, multicultural scholars,
graduate fellowship and institution challenge grants, and
grants management systems shall remain available until
expended: Provided further, That each institution eligible to
receive funds under the Evans-Allen program receives no less
than $1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the Agriculture
and Food Research Initiative under 7 U.S.C. 450i(b) may be
retained by the Secretary of Agriculture to pay administrative
costs incurred by the Secretary in carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $505,692,000, which shall be for
the purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Extension
Activities'' in the joint explanatory statement accompanying
this Act: Provided, That funds for facility improvements at
1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds
under 7 U.S.C. 3221 for cooperative extension receive no less
than $1,000,000: Provided further, That funds for cooperative
extension under sections 3(b) and (c) of the Smith-Lever Act (7
U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93-471
shall be available for retirement and employees' compensation
costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$38,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute of
Food and Agriculture, Integrated Activities'' in the joint
explanatory statement accompanying this Act: Provided, That
funds for the Food and Agriculture Defense Initiative shall
remain available until September 30, 2020: Provided further,
That notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for representation
allowances and for expenses pursuant to the Foreign Service Act
of 1980 (22 U.S.C. 4085), $1,011,136,000, of which $470,000, to
remain available until expended, shall be available for the
control of outbreaks of insects, plant diseases, animal
diseases and for control of pest animals and birds
(``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain available
until expended, shall be used for the cotton pests program for
cost share purposes or for debt retirement for active
eradication zones; of which $37,857,000, to remain available
until expended, shall be for Animal Health Technical Services;
of which $705,000 shall be for activities under the authority
of the Horse Protection Act of 1970, as amended (15 U.S.C.
1831); of which $62,840,000, to remain available until
expended, shall be used to support avian health; of which
$4,251,000, to remain available until expended, shall be for
information technology infrastructure; of which $186,013,000,
to remain available until expended, shall be for specialty crop
pests; of which, $11,826,000, to remain available until
expended, shall be for field crop and rangeland ecosystem
pests; of which $16,523,000, to remain available until
expended, shall be for zoonotic disease management; of which
$40,966,000, to remain available until expended, shall be for
emergency preparedness and response; of which $60,000,000, to
remain available until expended, shall be for tree and wood
pests; of which $5,725,000, to remain available until expended,
shall be for the National Veterinary Stockpile; of which up to
$1,500,000, to remain available until expended, shall be for
the scrapie program for indemnities; of which $2,500,000, to
remain available until expended, shall be for the wildlife
damage management program for aviation safety: Provided, That
of amounts available under this heading for wildlife services
methods development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall remain
available until expended; of which $13,600,000, to remain
available until expended, shall be used to carry out the
science program at the National Bio- and Agro-defense Facility
located in Manhattan, Kansas: Provided further, That no funds
shall be used to formulate or administer a brucellosis
eradication program for the current fiscal year that does not
require minimum matching by the States of at least 40 percent:
Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the purchase
of not to exceed five, of which two shall be for replacement
only: Provided further, That in addition, in emergencies which
threaten any segment of the agricultural production industry of
the United States, the Secretary may transfer from other
appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed
necessary, to be available only in such emergencies for the
arrest and eradication of contagious or infectious disease or
pests of animals, poultry, or plants, and for expenses in
accordance with sections 10411 and 10417 of the Animal Health
Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and
442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency
purposes in the preceding fiscal year shall be merged with such
transferred amounts: Provided further, That appropriations
hereunder shall be available pursuant to law (7 U.S.C. 2250)
for the repair and alteration of leased buildings and
improvements, but unless otherwise provided the cost of
altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the
building.
In fiscal year 2019, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance,
goods, or services provided to the entity by the agency, and
such fees shall be reimbursed to this account, to remain
available until expended, without further appropriation, for
providing such assistance, goods, or services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7
U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C.
428a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $159,095,000, of which $4,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79; and of
which $1,500,000 shall be available for marketing activities
authorized under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)) to provide to State departments
of agriculture, State cooperative extension services,
institutions of higher education, and nonprofit organizations
grants to carry out programs and provide technical assistance
to promote innovation, process improvement, and marketing
relating to dairy products: Provided, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $61,227,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of
Commerce as authorized by the Fish and Wildlife Act of 1956 (16
U.S.C. 742a et seq.); (2) transfers otherwise provided in this
Act; and (3) not more than $20,705,000 for formulation and
administration of marketing agreements and orders pursuant to
the Agricultural Marketing Agreement Act of 1937 and the
Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made available
by this Act to an agency in the Food Safety mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act, including
not to exceed $10,000 for representation allowances and for
expenses pursuant to section 8 of the Act approved August 3,
1956 (7 U.S.C. 1766), $1,049,344,000; and in addition,
$1,000,000 may be credited to this account from fees collected
for the cost of laboratory accreditation as authorized by
section 1327 of the Food, Agriculture, Conservation and Trade
Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for
the Public Health Data Communication Infrastructure system
shall remain available until expended: Provided further, That
no fewer than 148 full-time equivalent positions shall be
employed during fiscal year 2019 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods of
Slaughter Act (7 U.S.C. 1901 et seq.): Provided further, That
the Food Safety and Inspection Service shall continue
implementation of section 11016 of Public Law 110-246 as
further clarified by the amendments made in section 12106 of
Public Law 113-79: Provided further, That this appropriation
shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall
not exceed 10 percent of the current replacement value of the
building.
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided, That
funds made available by this Act to an agency in the Farm
Production and Conservation mission area for salaries and
expenses are available to fund up to one administrative support
staff for the Office.
Farm Production and Conservation Business Center
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Production and
Conservation Business Center, $216,350,000: Provided, That
$60,228,000 of amounts appropriated for the current fiscal year
pursuant to section 1241(a) of the Farm Security and Rural
Investment Act of 1985 (16 U.S.C. 3841(a)) shall be transferred
to and merged with this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,081,655,000, of which not less than $20,000,000 shall be for
the hiring of new employees to fill vacancies at Farm Service
Agency county offices and farm loan officers and shall be
available until September 30, 2020: Provided, That not more
than 50 percent of the funding made available under this
heading for information technology related to farm program
delivery may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1) identifies
for each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission
benefits to be realized, (b) the estimated lifecycle cost for
the entirety of the project/investment, including estimates for
development as well as maintenance and operations, and (c) key
milestones to be met; (2) demonstrates that each project/
investment is, (a) consistent with the Farm Service Agency
Information Technology Roadmap, (b) being managed in accordance
with applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning and
investment control requirements; and (3) has been reviewed by
the Government Accountability Office and approved by the
Committees on Appropriations of both Houses of Congress:
Provided further, That the agency shall submit a report by the
end of the fourth quarter of fiscal year 2019 to the Committees
on Appropriations and the Government Accountability Office,
that identifies for each project/investment that is operational
(a) current performance against key indicators of customer
satisfaction, (b) current performance of service level
agreements or other technical metrics, (c) current performance
against a pre-established cost baseline, (d) a detailed
breakdown of current and planned spending on operational
enhancements or upgrades, and (e) an assessment of whether the
investment continues to meet business needs as intended as well
as alternatives to the investment: Provided further, That the
Secretary is authorized to use the services, facilities, and
authorities (but not the funds) of the Commodity Credit
Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds
made available to the Agency for authorized activities may be
advanced to and merged with this account: Provided further,
That funds made available to county committees shall remain
available until expended: Provided further, That none of the
funds available to the Farm Service Agency shall be used to
close Farm Service Agency county offices: Provided further,
That none of the funds available to the Farm Service Agency
shall be used to permanently relocate county based employees
that would result in an office with two or fewer employees
without prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security
Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to remain
available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be necessary,
to remain available until expended: Provided, That such
program is carried out by the Secretary in the same manner as
the dairy indemnity program described in the Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-
12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans; $1,960,000,000
for unsubsidized guaranteed operating loans and $1,530,000,000
for direct operating loans; emergency loans, $37,668,000;
Indian tribe land acquisition loans, $20,000,000; guaranteed
conservation loans, $150,000,000; Indian highly fractionated
land loans, $10,000,000; and for boll weevil eradication
program loans, $30,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: farm
operating loans, $59,670,000 for direct operating loans,
$21,168,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,567,000 and $2,134,000 for Indian highly
fractionated land loans to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000:
Provided, That of this amount, $290,917,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'': Provided further,
That of this amount $16,081,000 shall be transferred to and
merged with the appropriation for ``Farm Production and
Conservation Business Center, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$58,361,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of measures
to conserve soil and water (including farm irrigation and land
drainage and such special measures for soil and water
management as may be necessary to prevent floods and the
siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of
information; acquisition of lands, water, and interests therein
for use in the plant materials program by donation, exchange,
or purchase at a nominal cost not to exceed $100 pursuant to
the Act of August 3, 1956 (7 U.S.C. 428a); purchase and
erection or alteration or improvement of permanent and
temporary buildings; and operation and maintenance of aircraft,
$819,492,000, to remain available until September 30, 2020:
Provided, That appropriations hereunder shall be available
pursuant to 7 U.S.C. 2250 for construction and improvement of
buildings and public improvements at plant materials centers,
except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed
$250,000: Provided further, That when buildings or other
structures are erected on non-Federal land, that the right to
use such land is obtained as provided in 7 U.S.C. 2250a:
Provided further, That of the amounts made available under this
heading, $5,600,000, shall remain available until expended for
the authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose of
providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and in
accordance with the provisions of laws relating to the
activities of the Department, $150,000,000, to remain available
until expended: Provided, That for funds provided by this Act
or any other prior Act, the limitation regarding the size of
the watershed or subwatershed exceeding two hundred and fifty
thousand acres in which such activities can be undertaken shall
only apply for activities undertaken for the primary purpose of
flood prevention (including structural and land treatment
measures): Provided further, That of the amounts made
available under this heading, $50,000,000 shall be allocated to
projects and activities that can commence promptly following
enactment; that address regional priorities for flood
prevention, agricultural water management, inefficient
irrigation systems, fish and wildlife habitat, or watershed
protection; or that address authorized ongoing projects under
the authorities of section 13 of the Flood Control Act of
December 22, 1944 (Public Law 78-534) with a primary purpose of
watershed protection by preventing floodwater damage and
stabilizing stream channels, tributaries, and banks to reduce
erosion and sediment transport.
watershed rehabilitation program
Under the authorities of section 14 of the Watershed
Protection and Flood Prevention Act, $10,000,000 is provided:
Provided, That of the amounts made available under this
heading, $5,000,000 shall remain available until expended for
watershed rehabilitation projects in states with high-hazard
dams and other watershed structures and that have recently
incurred flooding events which caused fatalities.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation
or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to
section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11):
Provided, That of the funds available to the Commodity Credit
Corporation under section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i) for the conduct of its
business with the Foreign Agricultural Service, up to
$5,000,000 may be transferred to and used by the Foreign
Agricultural Service for information resource management
activities of the Foreign Agricultural Service that are not
related to Commodity Credit Corporation business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of section
107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Solid Waste Disposal Act (42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $236,835,000: Provided, That no less than
$6,000,000 shall be for information technology investments:
Provided further, That notwithstanding any other provision of
law, funds appropriated under this heading may be used for
advertising and promotional activities that support Rural
Development programs: Provided further, That in addition to
any other funds appropriated for purposes authorized by section
502(i) of the Housing Act of 1949 (42 U.S.C. 1472(i)), any
amounts collected under such section, as amended by this Act,
will immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,000,000,000 shall be for direct
loans and $24,000,000,000 shall be for unsubsidized guaranteed
loans; $28,000,000 for section 504 housing repair loans;
$40,000,000 for section 515 rental housing; $230,000,000 for
section 538 guaranteed multi-family housing loans; $10,000,000
for credit sales of single family housing acquired property;
$5,000,000 for section 523 self-help housing land development
loans; and $5,000,000 for section 524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $67,700,000 shall be for direct loans; section 504
housing repair loans, $3,419,000; section 523 self-help housing
land development loans, $431,000; section 524 site development
loans, $176,000; and repair, rehabilitation, and new
construction of section 515 rental housing, $9,484,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the
interest on such loans may not be subsidized: Provided
further, That applicants in communities that have a current
rural area waiver under section 541 of the Housing Act of 1949
(42 U.S.C. 1490q) shall be treated as living in a rural area
for purposes of section 502 guaranteed loans provided under
this heading: Provided further, That of the amounts available
under this paragraph for section 502 direct loans, no less than
$5,000,000 shall be available for direct loans for individuals
whose homes will be built pursuant to a program funded with a
mutual and self-help housing grant authorized by section 523 of
the Housing Act of 1949 until June 1, 2019: Provided further,
That the Secretary shall implement provisions to provide
incentives to nonprofit organizations and public housing
authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to
keep such properties in the RHS multifamily housing program for
a period of time as determined by the Secretary, with such
incentives to include, but not be limited to, the following:
allow such nonprofit entities and public housing authorities to
earn a Return on Investment on their own resources to include
proceeds from low income housing tax credit syndication, own
contributions, grants, and developer loans at favorable rates
and terms, invested in a deal; and allow reimbursement of
organizational costs associated with owner's oversight of asset
referred to as ``Asset Management Fee'' of up to $7,500 per
property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the Housing
Act of 1949 (42 U.S.C. 1484, 1486), $16,853,000, to remain
available until expended, for direct farm labor housing loans
and domestic farm labor housing grants and contracts:
Provided, That any balances available for the Farm Labor
Program Account shall be transferred to and merged with this
account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of debt
forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Housing Act of 1949,
$1,331,400,000, of which $40,000,000 shall be available until
September 30, 2020; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry out
the rental assistance program under section 521(a)(2) of the
Act: Provided, That rental assistance agreements entered into
or renewed during the current fiscal year shall be funded for a
one-year period: Provided further, That any unexpended
balances remaining at the end of such one-year agreements may
be transferred and used for purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing
projects; preservation; and rental assistance activities
authorized under title V of the Act: Provided further, That
rental assistance provided under agreements entered into prior
to fiscal year 2019 for a farm labor multi-family housing
project financed under section 514 or 516 of the Act may not be
recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such
project has a waiting list of tenants seeking such assistance
or the project has rental assistance eligible tenants who are
not receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent practicable,
be applied to another farm labor multi-family housing project
financed under section 514 or 516 of the Act: Provided
further, That except as provided in the third proviso under
this heading and notwithstanding any other provision of the
Act, the Secretary may recapture rental assistance provided
under agreements entered into prior to fiscal year 2019 for a
project that the Secretary determines no longer needs rental
assistance and use such recaptured funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $51,500,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $27,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of such
voucher shall be the difference between comparable market rent
for the section 515 unit and the tenant paid rent for such
unit: Provided further, That funds made available for such
vouchers shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to
the maximum extent practicable, administer such vouchers with
current regulations and administrative guidance applicable to
section 8 housing vouchers administered by the Secretary of the
Department of Housing and Urban Development: Provided further,
That if the Secretary determines that the amount made available
for vouchers in this or any other Act is not needed for
vouchers, the Secretary may use such funds for the
demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this
paragraph: Provided further, That of the funds made available
under this heading, $24,500,000 shall be available for a
demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments and
incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a restrictive
use agreement consistent with the terms of the restructuring:
Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization
demonstration program may be used for such vouchers: Provided
further, That if Congress enacts legislation to permanently
authorize a multi-family rental housing loan restructuring
program similar to the demonstration program described herein,
the Secretary may use funds made available for the
demonstration program under this heading to carry out such
legislation with the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That in addition to any other available funds, the Secretary
may expend not more than $1,000,000 total, from the program
funds made available under this heading, for administrative
expenses for activities funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to remain
available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and described
in section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $2,800,000,000 for direct loans and
$148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional
Budget Act of 1974, $4,285,000, to remain available until
expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in section
381E(d)(1) of the Consolidated Farm and Rural Development Act,
$45,778,000, to remain available until expended: Provided,
That $6,000,000 of the amount appropriated under this heading
shall be available for a Rural Community Development
Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private,
nonprofit community-based housing and community development
organizations, low-income rural communities, and Federally
Recognized Native American Tribes to undertake projects to
improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That
such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to
carry out a program of financial and technical assistance:
Provided further, That such intermediary organizations shall
provide matching funds from other sources, including Federal
funds for related activities, in an amount not less than funds
provided: Provided further, That $5,778,000 of the amount
appropriated under this heading shall be to provide grants for
facilities in rural communities with extreme unemployment and
severe economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated Farm
and Rural Development Act are not applicable to the funds made
available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B
of the Consolidated Farm and Rural Development Act,
$65,040,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical assistance
for rural transportation in order to promote economic
development and $8,000,000 shall be for grants to the Delta
Regional Authority (7 U.S.C. 2009aa et seq.), the Northern
Border Regional Commission (40 U.S.C. 15101 et seq.), and the
Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for
any Rural Community Advancement Program purpose as described in
section 381E(d) of the Consolidated Farm and Rural Development
Act, of which not more than 5 percent may be used for
administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for
business grants to benefit Federally Recognized Native American
Tribes, including $250,000 for a grant to a qualified national
organization to provide technical assistance for rural
transportation in order to promote economic development:
Provided further, That sections 381E-H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to funds made available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $4,157,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2019, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2019, for
Mississippi Delta Region counties (as determined in accordance
with Public Law 100-460): Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries
and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313B(a) of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $50,000,000.
The cost of grants authorized under section 313B(a) of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not exceed
$10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $29,100,000, of which $2,800,000 shall be
for cooperative agreements for the appropriate technology
transfer for rural areas program: Provided, That not to exceed
$3,000,000 shall be for grants for cooperative development
centers, individual cooperatives, or groups of cooperatives
that serve socially disadvantaged groups and a majority of the
boards of directors or governing boards of which are comprised
of individuals who are members of socially disadvantaged
groups; and of which $17,500,000, to remain available until
expended, shall be for value-added agricultural product market
development grants, as authorized by section 210A of the
Agricultural Marketing Act of 1946, of which $2,500,000 may be
used for Agriculture Innovation Centers authorized pursuant to
section 6402 of Public Law 107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$334,500: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For gross obligations for the principal amount of direct
loans as authorized by section 306 and described in section
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$1,400,000,000. For loan guarantees and grants for rural water,
waste water, waste disposal, and solid waste management
programs authorized by sections 306, 306A, 306C, 306D, 306E,
and 310B and described in sections 306C(a)(2), 306D, 306E, and
381E(d)(2) of the Consolidated Farm and Rural Development Act,
$548,690,000, to remain available until expended, of which not
to exceed $1,000,000 shall be available for the rural utilities
program described in section 306(a)(2)(B) of such Act, and of
which not to exceed $1,500,000 shall be available for the rural
utilities program described in section 306E of such Act:
Provided, That not to exceed $15,000,000 of the amount
appropriated under this heading shall be for grants authorized
by section 306A(i)(2) of the Consolidated Farm and Rural
Development Act in addition to funding authorized by section
306A(i)(1) of such Act and such grants may not exceed
$1,000,000 notwithstanding section 306A(f)(1) of such Act:
Provided further, That $68,000,000 of the amount appropriated
under this heading shall be for loans and grants including
water and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native American
Tribes authorized by 306C(a)(1) of such Act: Provided further,
That funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be provided to a consortium
formed pursuant to section 325 of Public Law 105-83: Provided
further, That not more than 2 percent of the funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be used by the State of Alaska for training and
technical assistance programs and not more than 2 percent of
the funding provided for section 306D of the Consolidated Farm
and Rural Development Act may be used by a consortium formed
pursuant to section 325 of Public Law 105-83 for training and
technical assistance programs: Provided further, That not to
exceed $30,000,000 of the amount appropriated under this
heading shall be for technical assistance grants for rural
water and waste systems pursuant to section 306(a)(14) of such
Act, unless the Secretary makes a determination of extreme
need, of which $8,000,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical
assistance organization, with experience in working with small
communities on water and waste water problems, the principal
purpose of such grant shall be to assist rural communities with
populations of 3,300 or less, in improving the planning,
financing, development, operation, and management of water and
waste water systems, and of which not less than $800,000 shall
be for a qualified national Native American organization to
provide technical assistance for rural water systems for tribal
communities: Provided further, That not to exceed $19,000,000
of the amount appropriated under this heading shall be for
contracting with qualified national organizations for a circuit
rider program to provide technical assistance for rural water
systems: Provided further, That not to exceed $4,000,000 shall
be for solid waste management grants: Provided further, That
$10,000,000 of the amount appropriated under this heading shall
be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants
authorized under section 19 of the Rural Electrification Act of
1936 (7 U.S.C. 918a): Provided further, That any prior year
balances for high-energy cost grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall
be transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made available
under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) shall
be made as follows: loans made pursuant to sections 305, 306,
and 317, notwithstanding 317(c), of that Act, rural electric,
$5,500,000,000; guaranteed underwriting loans pursuant to
section 313A, $750,000,000; 5 percent rural telecommunications
loans, cost of money rural telecommunications loans, and for
loans made pursuant to section 306 of that Act, rural
telecommunications loans, $690,000,000: Provided, That up to
$2,000,000,000 shall be used for the construction, acquisition,
design and engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize carbon
subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $1,725,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$34,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading for
grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet all
of the eligibility criteria for a consortium as established by
this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $5,830,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $30,000,000, to remain available until
expended, for a grant program to finance broadband transmission
in rural areas eligible for Distance Learning and Telemedicine
Program benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency in
the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.), except sections 17 and 21; $23,140,781,000 to remain
available through September 30, 2020, of which such sums as are
made available under section 14222(b)(1) of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246), as
amended by this Act, shall be merged with and available for the
same time period and purposes as provided herein: Provided,
That of the total amount available, $17,004,000 shall be
available to carry out section 19 of the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.): Provided further, That of the
total amount available, $30,000,000 shall be available to
provide competitive grants to State agencies for subgrants to
local educational agencies and schools to purchase the
equipment, with a value of greater than $1,000, needed to serve
healthier meals, improve food safety, and to help support the
establishment, maintenance, or expansion of the school
breakfast program: Provided further, That of the total amount
available, $28,000,000 shall remain available until expended to
carry out section 749(g) of the Agriculture Appropriations Act
of 2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2018'' and inserting ``2010 through 2019'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``For fiscal year
2018'' and inserting ``For fiscal year 2019'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in
the first sentence by striking ``For fiscal year 2018'' and
inserting ``For fiscal year 2019''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,075,000,000, to remain available through September 30, 2020:
Provided, That notwithstanding section 17(h)(10) of the Child
Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than
$60,000,000 shall be used for breastfeeding peer counselors and
other related activities, and $19,000,000 shall be used for
infrastructure, of which $5,000,000 shall be for telehealth
competitive grants to supplement the nutrition education and
breastfeeding support offered in the WIC clinic, and to
decrease barriers to access to WIC services, particularly in
rural communities, and other populations facing barriers to
accessing support: Provided further, That none of the funds
provided in this account shall be available for the purchase of
infant formula except in accordance with the cost containment
and competitive bidding requirements specified in section 17 of
such Act: Provided further, That none of the funds provided
shall be available for activities that are not fully reimbursed
by other Federal Government departments or agencies unless
authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary,
the Secretary may waive the requirement at 7 CFR 246.12(g)(6)
at the request of a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $73,476,921,000, of which
$3,000,000,000, to remain available through December 31, 2020,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program
operations: Provided, That funds provided herein shall be
expended in accordance with section 16 of the Food and
Nutrition Act of 2008: Provided further, That of the funds
made available under this heading, $998,000 may be used to
provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided further,
That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2020: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2020:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under this
heading may be used to enter into contracts and employ staff to
conduct studies, evaluations, or to conduct activities related
to program integrity provided that such activities are
authorized by the Food and Nutrition Act of 2008.
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of
1983; special assistance for the nuclear affected islands, as
authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and
the Farmers' Market Nutrition Program, as authorized by section
17(m) of the Child Nutrition Act of 1966, $322,139,000, to
remain available through September 30, 2020: Provided, That
none of these funds shall be available to reimburse the
Commodity Credit Corporation for commodities donated to the
program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal
year 2019 to support the Seniors Farmers' Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2020: Provided further, That of the
funds made available under section 27(a) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use
up to 15 percent for costs associated with the distribution of
commodities: Provided further, That $30,000,000 of prior year
unobligated balances of the Commodity Supplemental Food Program
shall be transferred to The Emergency Food Assistance Program
to be used for administrative expenses.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $164,688,000, of which $12,297,000 shall
remain available through September 30, 2021, for the
development and dissemination of the Dietary Guidelines for
Americans: Provided, That of the funds provided herein,
$2,000,000 shall be used for the purposes of section 4404 of
Public Law 107-171, as amended by section 4401 of Public Law
110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,976,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $213,890,000, of which no more
than 6 percent shall remain available until September 30, 2020,
for overseas operations to include the payment of locally
employed staff: Provided, That the Service may utilize
advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements
executed pursuant to the agricultural food production
assistance programs (7 U.S.C. 1737) and the foreign assistance
programs of the United States Agency for International
Development: Provided further, That funds made available for
middle-income country training programs, funds made available
for the Borlaug International Agricultural Science and
Technology Fellowship program, and up to $2,000,000 of the
Foreign Agricultural Service appropriation solely for the
purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign
Agricultural Service, shall remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the Food
for Progress Act of 1985, $142,000, shall be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law 83-
480), for commodities supplied in connection with dispositions
abroad under title II of said Act, $1,500,000,000, to remain
available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $210,255,000, to remain available
until expended, of which $1,000,000 is for the use of recently
developed potable water technologies in school feeding
projects: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities
for the purpose of implementing such section, subject to
reimbursement from amounts provided herein: Provided further,
That of the amount made available under this heading,
$15,000,000, shall remain available until expended for
necessary expenses to carry out the provisions of section 3207
of the Agricultural Act of 2014 (7 U.S.C. 1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and GSM
103, $8,845,000, to cover common overhead expenses as permitted
by section 11 of the Commodity Credit Corporation Charter Act
and in conformity with the Federal Credit Reform Act of 1990,
of which $6,382,000 shall be transferred to and merged with the
appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $2,463,000 shall be transferred to and
merged with the appropriation for ``Farm Service Agency,
Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or elsewhere;
in addition to amounts appropriated to the FDA Innovation
Account, for carrying out the activities described in section
1002(b)(4) of the 21st Century Cures Act (Public Law 114-255);
for miscellaneous and emergency expenses of enforcement
activities, authorized and approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $5,584,965,000: Provided, That of the amount provided
under this heading, $1,010,323,000 shall be derived from
prescription drug user fees authorized by 21 U.S.C. 379h, and
shall be credited to this account and remain available until
expended; $204,730,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited
to this account and remain available until expended;
$501,721,000 shall be derived from human generic drug user fees
authorized by 21 U.S.C. 379j-42, and shall be credited to this
account and remain available until expended; $38,847,000 shall
be derived from biosimilar biological product user fees
authorized by 21 U.S.C. 379j-52, and shall be credited to this
account and remain available until expended; $30,331,000 shall
be derived from animal drug user fees authorized by 21 U.S.C.
379j-12, and shall be credited to this account and remain
available until expended; $18,335,000 shall be derived from
generic new animal drug user fees authorized by 21 U.S.C. 379j-
21, and shall be credited to this account and remain available
until expended; $712,000,000 shall be derived from tobacco
product user fees authorized by 21 U.S.C. 387s, and shall be
credited to this account and remain available until expended:
Provided further, That in addition to and notwithstanding any
other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2019 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2019, including any
such fees collected prior to fiscal year 2019 but credited for
fiscal year 2019, shall be subject to the fiscal year 2019
limitations: Provided further, That the Secretary may accept
payment during fiscal year 2019 of user fees specified under
this heading and authorized for fiscal year 2020, prior to the
due date for such fees, and that amounts of such fees assessed
for fiscal year 2020 for which the Secretary accepts payment in
fiscal year 2019 shall not be included in amounts under this
heading: Provided further, That none of these funds shall be
used to develop, establish, or operate any program of user fees
authorized by 31 U.S.C. 9701: Provided further, That of the
total amount appropriated: (1) $1,059,980,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs, of which no
less than $15,000,000 shall be used for inspections of foreign
seafood manufacturers and field examinations of imported
seafood; (2) $1,879,927,000 shall be for the Center for Drug
Evaluation and Research and related field activities in the
Office of Regulatory Affairs; (3) $402,144,000 shall be for the
Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4)
$223,611,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $556,179,000 shall be for the Center for Devices
and Radiological Health and for related field activities in the
Office of Regulatory Affairs; (6) $66,712,000 shall be for the
National Center for Toxicological Research; (7) $666,832,000
shall be for the Center for Tobacco Products and for related
field activities in the Office of Regulatory Affairs; (8)
$173,847,000 shall be for Rent and Related activities, of which
$50,587,000 is for White Oak Consolidation, other than the
amounts paid to the General Services Administration for rent;
(9) $237,849,000 shall be for payments to the General Services
Administration for rent; and (10) $317,884,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of this
amount shall be for official reception and representation
expenses, not otherwise provided for, as determined by the
Commissioner: Provided further, That any transfer of funds
pursuant to section 770(n) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts
made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ``other activities'', and that are not
derived from user fees, $1,500,000 shall be transferred to and
merged with the appropriation for ``Department of Health and
Human Services--Office of Inspector General'' for oversight of
the programs and operations of the Food and Drug Administration
and shall be in addition to funds otherwise made available for
oversight of the Food and Drug Administration: Provided
further, That of the total amount made available under this
heading, $3,000,000 shall be used by the Commissioner of Food
and Drugs, in coordination with the Secretary of Agriculture,
for consumer outreach and education regarding agricultural
biotechnology and biotechnology-derived food products and
animal feed, including through publication and distribution of
science-based educational information on the environmental,
nutritional, food safety, economic, and humanitarian impacts of
such biotechnology, food products, and feed: Provided further,
That funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n and
360ff, food and feed recall fees, food reinspection fees, and
voluntary qualified importer program fees authorized by 21
U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), third-
party auditor fees authorized by 21 U.S.C. 384d(c)(8), and
medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, and, contingent upon the
enactment of the Over-the-Counter Monograph User Fee Act of
2019, fees relating to over-the-counter monograph drugs
authorized by part 10 of subchapter C of Chapter VII of the
Federal Food, Drug and Cosmetic Act shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain available
until expended.
fda innovation account, cures act
(including transfer of funds)
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $70,000,000, to remain
available until expended: Provided, That amounts appropriated
in this paragraph are appropriated pursuant to section
1002(b)(3) of the 21st Century Cures Act, are to be derived
from amounts transferred under section 1002(b)(2)(A) of such
Act, and may be transferred by the Commissioner of Food and
Drugs to the appropriation for ``Department of Health and Human
Services Food and Drug Administration Salaries and Expenses''
solely for the purposes provided in such Act: Provided
further, That upon a determination by the Commissioner that
funds transferred pursuant to the previous proviso are not
necessary for the purposes provided, such amounts may be
transferred back to the account: Provided further, That such
transfer authority is in addition to any other transfer
authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $74,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under 12
U.S.C. 2249: Provided, That this limitation shall not apply to
expenses associated with receiverships: Provided further, That
the agency may exceed this limitation by up to 10 percent with
notification to the Committees on Appropriations of both Houses
of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall be
available for the purchase, in addition to those specifically
provided for, of not to exceed 71 passenger motor vehicles of
which 68 shall be for replacement only, and for the hire of
such vehicles: Provided, That notwithstanding this section,
the only purchase of new passenger vehicles shall be for those
determined by the Secretary to be necessary for transportation
safety, to reduce operational costs, and for the protection of
life, property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other
available unobligated discretionary balances that are remaining
available of the Department of Agriculture to the Working
Capital Fund for the acquisition of plant and capital equipment
necessary for the delivery of financial, administrative, and
information technology services of primary benefit to the
agencies of the Department of Agriculture, such transferred
funds to remain available until expended: Provided, That none
of the funds made available by this Act or any other Act shall
be transferred to the Working Capital Fund without the prior
approval of the agency administrator: Provided further, That
none of the funds transferred to the Working Capital Fund
pursuant to this section shall be available for obligation
without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department's Working Capital Fund
shall be available for obligation or expenditure to make any
changes to the Department's National Finance Center without
written notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 716 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress and
in accordance with the requirements of section 716 of this Act:
Provided further, That the Secretary of Agriculture and the
offices of the Chief Financial Officer shall actively market to
existing and new Departments and other government agencies
National Finance Center shared services including, but not
limited to, payroll, financial management, and human capital
shared services and allow the National Finance Center to
perform technology upgrades: Provided further, That of annual
income amounts in the Working Capital Fund of the Department of
Agriculture attributable to the amounts in excess of the true
costs of the shared services provided by the National Finance
Center and budgeted for the National Finance Center, the
Secretary shall reserve not more than 4 percent for the
replacement or acquisition of capital equipment, including
equipment for the improvement, delivery, and implementation of
financial, administrative, and information technology services,
and other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance Center:
Provided further, That none of the amounts reserved shall be
available for obligation unless the Secretary submits written
notification of the obligation to the Committees on
Appropriations of both Houses of Congress: Provided further,
That the limitations on the obligation of funds pending
notification to Congressional Committees shall not apply to any
obligation that, as determined by the Secretary, is necessary
to respond to a declared state of emergency that significantly
impacts the operations of the National Finance Center; or to
evacuate employees of the National Finance Center to a safe
haven to continue operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements or
similar arrangements between the United States Department of
Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of
mutual interest between the two parties. This does not preclude
appropriate payment of indirect costs on grants and contracts
with such institutions when such indirect costs are computed on
a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for the
following accounts: the Rural Development Loan Fund program
account, the Rural Electrification and Telecommunication Loans
program account, and the Rural Housing Insurance Fund program
account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades, as
determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology Investment
Review Board: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise
made available by this Act may be transferred to the Office of
the Chief Information Officer without written notification to
and the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That,
notwithstanding section 11319 of title 40, United States Code,
none of the funds available to the Department of Agriculture
for information technology shall be obligated for projects,
contracts, or other agreements over $25,000 prior to receipt of
written approval by the Chief Information Officer: Provided
further, That the Chief Information Officer may authorize an
agency to obligate funds without written approval from the
Chief Information Officer for projects, contracts, or other
agreements up to $250,000 based upon the performance of an
agency measured against the performance plan requirements
described in the explanatory statement accompanying Public Law
113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313B(a) of such Act in
the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Farm Service Agency shall remain available through
September 30, 2020, for information technology expenses:
Provided, That except as otherwise specifically provided by
law, unobligated balances from appropriations made available
for salaries and expenses in this Act for the Rural Development
mission area shall remain available through September 30, 2020,
for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of
sections 301-10.122 through 301-10.124 of title 41, Code of
Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79) or
by a successor to that Act, other than by title I or subtitle A
of title III of such Act, or programs for which indefinite
amounts were provided in that Act, that is authorized or
required to be carried out using funds of the Commodity Credit
Corporation--
(1) such funds shall be available for salaries and
related administrative expenses, including technical
assistance, associated with the implementation of the
program, without regard to the limitation on the total
amount of allotments and fund transfers contained in
section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall
not be considered to be a fund transfer or allotment
for purposes of applying the limitation on the total
amount of allotments and fund transfers contained in
such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary expenses
of activities related to all advisory committees, panels,
commissions, and task forces of the Department of Agriculture,
except for panels used to comply with negotiated rule makings
and panels used to evaluate competitively awarded grants.
Sec. 713. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 714. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of personnel
to carry out a program under section 32 of the Act of August
24, 1935 (7 U.S.C. 612c; in this section referred to as
``section 32'') in excess of $1,299,600,000 (exclusive of
carryover appropriations from prior fiscal years), as follows:
Child Nutrition Programs Entitlement Commodities--$485,000,000;
State Option Contracts-- $5,000,000; Removal of Defective
Commodities-- $2,500,000; Administration of Section 32
Commodity Purchases--$35,853,000: Provided, That of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2019, such unobligated
balances shall carryover into fiscal year 2020 and shall remain
available until expended for any of the purposes of section 32,
except that any such carryover funds used in accordance with
clause (3) of section 32 may not exceed $350,000,000 and may
not be obligated until the Secretary of Agriculture provides
written notification of the expenditures to the Committees on
Appropriations of both Houses of Congress at least two weeks in
advance: Provided further, That, with the exception of any
available carryover funds authorized in any prior
appropriations Act to be used for the purposes of clause (3) of
section 32, none of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the
salaries or expenses of any employee of the Department of
Agriculture to carry out clause (3) of section 32.
Sec. 715. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as part
of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies that assumes revenues or
reflects a reduction from the previous year due to user fees
proposals that have not been enacted into law prior to the
submission of the budget unless such budget submission
identifies which additional spending reductions should occur in
the event the user fees proposals are not enacted prior to the
date of the convening of a committee of conference for the
fiscal year 2020 appropriations Act.
Sec. 716. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
in the current fiscal year, or provided from any accounts in
the Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming, transfer of funds, or
reimbursements as authorized by the Economy Act, or in the case
of the Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law
89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for
any project or activity for which funds have been
denied or restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities;
or
(6) contracts out or privatizes any functions or
activities presently performed by Federal employees;
unless the Secretary of Agriculture, or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the
reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation
or expenditure for activities, programs, or projects through a
reprogramming or use of the authorities referred to in
subsection (a) involving funds in excess of $500,000 or 10
percent, whichever is less, that--
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or
(3) results from any general savings from a
reduction in personnel which would result in a change
in existing programs, activities, or projects as
approved by Congress; unless the Secretary of
Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations
of both Houses of Congress at least 30 days in advance
of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of
Congress before implementing any program or activity not
carried out during the previous fiscal year unless the program
or activity is funded by this Act or specifically funded by any
other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the
current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding
levels, including information technology systems, that
involves increasing or decreasing funds in the current
fiscal year for the individual investment in excess of
$500,000 or 10 percent of the total cost, whichever is
less;
(2) realigning or reorganizing new, current, or
vacant positions or agency activities or functions to
establish a center, office, branch, or similar entity
with five or more personnel; or
(3) carrying out activities or functions that were
not described in the budget request; unless the
agencies funded by this Act notify, in writing, the
Committees on Appropriations of both Houses of Congress
at least 30 days in advance of using the funds for
these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress written
or electronic mail confirmation of receipt of the notification
as required in this section.
Sec. 717. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of the
loan.
Sec. 718. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information
requested for the appropriations hearing process to any non-
Department of Agriculture, non-Department of Health and Human
Services, or non-Farm Credit Administration employee.
Sec. 719. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the text
or audio of the prepackaged news story that the prepackaged
news story was prepared or funded by that executive branch
agency.
Sec. 720. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the
Department for more than 60 days in a fiscal year unless the
individual's employing agency or office is fully reimbursed by
the receiving agency or office for the salary and expenses of
the employee for the period of assignment.
Sec. 721. For the purposes of determining eligibility or
level of program assistance for Rural Development programs the
Secretary shall not include incarcerated prison populations.
Sec. 722. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, and the
Chairman of the Farm Credit Administration shall submit to the
Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the joint explanatory
statement accompanying this Act.
Sec. 723. Of the unobligated balances from amounts made
available for the supplemental nutrition program as authorized
by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $500,000,000 are hereby rescinded.
Sec. 724. The Secretary shall continue an intermediary
loan packaging program based on the pilot program in effect for
fiscal year 2013 for packaging and reviewing section 502 single
family direct loans. The Secretary shall continue agreements
with current intermediary organizations and with additional
qualified intermediary organizations. The Secretary shall work
with these organizations to increase effectiveness of the
section 502 single family direct loan program in rural
communities and shall set aside and make available from the
national reserve section 502 loans an amount necessary to
support the work of such intermediaries and provide a priority
for review of such loans.
Sec. 725. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of both
Houses of Congress at least 15 days in advance.
Sec. 726. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section 729
of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses of
Congress: Provided, That the refunds or rebates so transferred
shall be available for obligation only for the acquisition of
plant and capital equipment necessary for the delivery of
financial, administrative, and information technology services
of primary benefit to the agencies of the Department of
Agriculture.
Sec. 727. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of the
term ``variety'' as de fined in section 278.1(b)(1)(ii)(C) of
title 7, Code of Federal Regulations, and ``variety'' as
applied in the definition of the term ``staple food'' as
defined in section 271.2 of title 7, Code of Federal
Regulations, to increase the number of items that qualify as
acceptable varieties in each staple food category so that the
total number of such items in each staple food category exceeds
the number of such items in each staple food category included
in the final rule as published on December 15, 2016: Provided,
That until the Secretary promulgates such regulatory
amendments, the Secretary shall apply the requirements
regarding acceptable varieties and breadth of stock to
Supplemental Nutrition Assistance Program retailers that were
in effect on the day before the date of the enactment of the
Agricultural Act of 2014 (Public Law 113-79).
Sec. 728. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the
Agricultural Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing,
sale, or use of industrial hemp, or seeds of such
plant, that is grown or cultivated in accordance with
subsection section 7606 of the Agricultural Act of
2014, within or outside the State in which the
industrial hemp is grown or cultivated.
Sec. 729. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to loans
guaranteed under such section and eligible lenders for such
loans as the Secretary has under subsections (h) and (j) of
section 538 of such Act (42 U.S.C. 1490p-2) with respect to
loans guaranteed under such section 538 and eligible lenders
for such loans.
Sec. 730. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 731. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3)
of the Public Health Service Act (42 U.S.C. 262(a)(3)) in
research in which a human embryo is intentionally created or
modified to include a heritable genetic modification. Any such
submission shall be deemed to have not been received by the
Secretary, and the exemption may not go into effect.
Sec. 732. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and risk-
based preventive control requirements of the current good
manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 733. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to
provide assistance to recipient nations if adequate monitoring
and controls, as determined by the Administrator, are in place
to ensure that emergency food aid is received by the intended
beneficiaries in areas affected by food shortages and not
diverted for unauthorized or inappropriate purposes.
Sec. 734. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the
Food and Nutrition Service, to commence any new research and
evaluation projects until the Secretary submits to the
Committees on Appropriations of both Houses of Congress a
research and evaluation plan for fiscal year 2019, prepared in
coordination with the Research, Education, and Economics
mission area of the Department of Agriculture, and a period of
30 days beginning on the date of the submission of the plan
expires to permit Congressional review of the plan.
Sec. 735. There is hereby appropriated $10,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities, or comparable entities that provide energy efficiency
services using their own billing mechanism to offer loans to
customers in any part of their service territory and to offer
loans to replace a manufactured housing unit with another
manufactured housing unit, if replacement would be more cost
effective in saving energy.
Sec. 736. (a) The Secretary of Agriculture shall--
(1) conduct audits in a manner that evaluates the
following factors in the country or region being
audited, as applicable--
(A) veterinary control and oversight;
(B) disease history and vaccination
practices;
(C) livestock demographics and
traceability;
(D) epidemiological separation from
potential sources of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response;
and
(2) promptly make publicly available the final
reports of any audits or reviews conducted pursuant to
subsection (1).
(b) This section shall be applied in a manner consistent
with United States obligations under its international trade
agreements.
Sec. 737. No food that bears or contains partially
hydrogenated oils (as defined in the order published by the
Food and Drug Administration in the Federal Register on June
17, 2015 (80 Fed. Reg. 34650 et seq.)) shall be considered to
be adulterated within the meaning of subsection (a)(1) or
(a)(2)(C)(i) of section 402 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 342(a)) because such food contains such
partially hydrogenated oils until the applicable compliance
dates specified by FDA in the Federal Register on May 21, 2018
(83 Fed. Reg. 23358 et seq.).
Sec. 738. For fiscal years 2019 through 2025, the
Administrators of the Agricultural Research Service and the
Animal and Plant Health Inspection Service may make not to
exceed 50 appointments in any fiscal year for employees of such
agencies at the National Bio- and Agro-defense Facility (NBAF)
in Manhattan, Kansas: Provided, That such appointments may be
made in the manner provided by 7 U.S.C. 7657(b)(4)(A)(i-v):
Provided further, That such appointments may be made at a rate
of basic pay that exceeds the rate payable for such positions
under the General Schedule or other applicable schedule, as
appropriate, but may not be more than the rate payable for a
position at level I of the Executive Schedule, unless the rate
is approved by the President under section 5377(d)(2) of title
5.
Sec. 739. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices
devoted to multiple bottomland hardwood tree species including
CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 740. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available
until expended, to implement non-renewable agreements on
eligible lands, including flooded agricultural lands, as
determined by the Secretary, under the Water Bank Act (16
U.S.C. 1301-1311).
Sec. 741. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 742. None of the funds made available by this Act may
be used to carry out any activities or incur any expense
related to the issuance of licenses under section 3 of the
Animal Welfare Act (7 U.S.C. 2133), or the renewal of such
licenses, to class B dealers who sell dogs and cats for use in
research, experiments, teaching, or testing.
Sec. 743. There is appropriated $6,000,000 to the
Commodity Credit Corporation, in addition to amounts otherwise
made available, for section 1110(f)(3) of the Food Security Act
of 1985 (7 U.S.C. 1736o(f)(3)).
Sec. 744. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections 306,
306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for
a project for the construction, alteration, maintenance, or
repair of a public water or wastewater system unless all of the
iron and steel products used in the project are produced in the
United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ``Secretary'') or the designee of the
Secretary finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities or of a satisfactory quality; or
(3) inclusion of iron and steel products produced
in the United States will increase the cost of the
overall project by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a copy
of the request and information available to the Secretary or
the designee concerning the request, and shall allow for
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Secretary or the
designee shall make the request and accompanying information
available by electronic means, including on the official public
Internet Web site of the Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account'' for carrying
out the provisions described in subsection (a)(1) for
management and oversight of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited by
such subsection if the plans and specifications have received
required approvals from State agencies prior to the date of
enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally recognized
Indian tribe.
Sec. 745. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2019, an amount
of funds made available in title III under the headings of
Rural Housing Insurance Fund Program Account, Mutual and Self-
Help Housing Grants, Rural Housing Assistance Grants, Rural
Community Facilities Program Account, Rural Business Program
Account, Rural Development Loan Fund Program Account, and Rural
Water and Waste Disposal Program Account, equal to the amount
obligated in REAP Zones with respect to funds provided under
such headings in the most recent fiscal year any such funds
were obligated under such headings for REAP Zones.
Sec. 746. There is hereby appropriated $1,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public housing
authorities as authorized by law that commit to keep such
properties in the RHS multi-family housing program for a period
of time as determined by the Secretary.
Sec. 747. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 748. (a) The Secretary of Agriculture (referred to in
this section as the ``Secretary'') shall carry out a pilot
program during fiscal year 2019 with respect to the 2018 crop
year for county-level agriculture risk coverage payments under
section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)), that provides all or some of the State Farm
Service Agency offices in each State the opportunity to provide
agricultural producers in the State a supplemental payment
described in subsection (c) based on the alternate calculation
method described in subsection (b) for 1 or more counties in a
State if the office for that State determines that the
alternate calculation method is necessary to ensure that, to
the maximum extent practicable, there are not significant yield
calculation disparities between comparable counties in the
State.
(b) The alternate calculation method referred to in
subsection (a) is a method of calculating the actual yield for
the 2018 crop year for county-level agriculture risk coverage
payments under section 1117(b)(1) of the Agricultural Act of
2014 (7 U.S.C. 9017(b)(1)), under which--
(1) county data of the National Agricultural
Statistics Service (referred to in this section as
``NASS data'') is used for the calculations;
(2) if there is insufficient NASS data for a county
(as determined under standards of the Secretary in
effect as of the date of enactment of this Act) or the
available NASS data produces a substantially disparate
result, the calculation of the county yield is
determined using comparable contiguous county NASS data
as determined by the Farm Service Agency office in the
applicable State; and
(3) if there is insufficient NASS data for a
comparable contiguous county (as determined under
standards of the Secretary in effect as of the date of
enactment of this Act), the calculation of the county
yield is determined using reliable yield data from
other sources, such as Risk Management Agency data,
National Agricultural Statistics Service district data,
National Agricultural Statistics Service State yield
data, or other data as determined by the Farm Service
Agency office in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer would
otherwise receive a county-level agriculture risk coverage
payment for the 2018 crop year in an amount that is less than
the payment that the agricultural producer would receive under
the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference
between--
(A) the payment that the agricultural producer
would have received without the alternate calculation
method described in subsection (b); and
(B) the payment that the agricultural producer
would receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2020, to carry out the
pilot program described in this section.
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary
shall select States to participate in the pilot program under
this section so the cost of the pilot program equals the amount
provided under subsection (d).
(2) To the extent that the cost of the pilot program
exceeds the amount made available, the Secretary shall reduce
all payments under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of
actual yield for purposes of county-level agriculture risk
coverage payments under section 1117(b)(1) of the Agricultural
Act of 2014 (7 U.S.C. 9017(b)(1)) other than payments made in
accordance with the pilot program under this section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be
used as a basis for any agriculture risk coverage payment
determinations under section 1117 of the Agricultural Act of
2014 (7 U.S.C. 9017) other than for purposes of the pilot
program under this section.
Sec. 749. None of the funds made available by this Act may
be used to procure raw or processed poultry products imported
into the United States from the People's Republic of China for
use in the school lunch program under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), the Child
and Adult Care Food Program under section 17 of such Act (42
U.S.C. 1766), the Summer Food Service Program for Children
under section 13 of such Act (42 U.S.C. 1761), or the school
breakfast program under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
Sec. 750. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the
Federal Meat Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the
Federal Agriculture Improvement and Reform Act of 1996
(7 U.S.C. 1901 note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title
9, Code of Federal Regulations (or a successor
regulation).
Sec. 751. In response to an eligible community where the
drinking water supplies are inadequate due to a natural
disaster, as determined by the Secretary, including drought or
severe weather, the Secretary may provide potable water through
the Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the
established period provided under the Program in order to
protect public health.
Sec. 752. Of the total amounts made available by this Act
for direct loans and grants in the following headings: ``Rural
Housing Service--Rural Housing Insurance Fund Program
Account''; ``Rural Housing Service--Mutual and Self-Help
Housing Grants''; ``Rural Housing Service--Rural Housing
Assistance Grants''; ``Rural Housing Service--Rural Community
Facilities Program Account''; ``Rural Business-Cooperative
Service--Rural Business Program Account''; ``Rural Business-
Cooperative Service--Rural Economic Development Loans Program
Account''; ``Rural Business-Cooperative Service--Rural
Cooperative Development Grants''; ``Rural Utilities Service--
Rural Water and Waste Disposal Program Account''; ``Rural
Utilities Service--Rural Electrification and Telecommunications
Loans Program Account''; and ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'', to
the maximum extent feasible, at least 10 percent of the funds
shall be allocated for assistance in persistent poverty
counties under this section, including, notwithstanding any
other provision regarding population limits, any county seat of
such a persistent poverty county that has a population that
does not exceed the authorized population limit by more than 10
percent: Provided, That for purposes of this section, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1980, 1990, and 2000
decennial censuses, and 2007-2011 American Community Survey 5-
year average: Provided further, That with respect to specific
activities for which program levels have been made available by
this Act that are not supported by budget authority, the
requirements of this section shall be applied to such program
level.
Sec. 753. (a) No funds shall be used to finalize the
proposed rule entitled ``Eligibility of the People's Republic
of China (PRC) to Export to the United States Poultry Products
from Birds Slaughtered in the PRC'' published in the Federal
Register by the Department of Agriculture on June 16, 2017 (82
Fed. Reg. 27625), unless the Secretary of Agriculture shall--
(1) ensure that the poultry slaughter inspection
system for the PRC is equivalent to that of the United
States;
(2) ensure that, before any poultry products can
enter the United States from any such poultry plant,
such poultry products comply with all other applicable
requirements for poultry products in interstate
commerce in the United States;
(3) conduct periodic verification reviews and
audits of any such plants in the PRC intending to
export into the United States processed poultry
products;
(4) conduct re-inspection of such poultry products
at United States ports-of-entry to check the general
condition of such products, for the proper
certification and labeling of such products, and for
any damage to such products that may have occurred
during transportation; and
(5) ensure that shipments of any such poultry
products selected to enter the United States are
subject to additional re-inspection procedures at
appropriate levels to verify that the products comply
with relevant Federal regulations or standards,
including examinations for product defects and
laboratory analyses to detect harmful chemical residues
or pathogen testing appropriate for the products
involved.
(b) This section shall be applied in a manner consistent
with obligations of the United States under any trade agreement
to which the United States is a party.
Sec. 754. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000 to
carry out section 18(g)(8) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(g)), to remain available until
expended.
Sec. 755. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop, issue,
promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or
to develop, issue, promote or advance final guidance applicable
to food manufacturers for long term population-wide sodium
reduction actions until the date on which a dietary reference
intake report with respect to sodium is completed.
Sec. 756. There is hereby appropriated $2,000,000, to
remain available until September 30, 2020, for the cost of
loans and grants that is consistent with section 4206 of the
Agricultural Act of 2014, for necessary expenses of the
Secretary to support projects that provide access to healthy
food in underserved areas, to create and preserve quality jobs,
and to revitalize low-income communities.
Sec. 757. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'', $8,500,000,
to remain available until September 30, 2020, for one-time
control and management and associated activities directly
related to the multiple-agency response to citrus greening.
Sec. 758. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated by
the Food and Drug Administration entitled ``Standards for the
Growing, Harvesting, Packing, and Holding of Produce for Human
Consumption,'' and published on November 27, 2015, with respect
to the regulation of the production, distribution, sale, or
receipt of grape varietals that are grown, harvested and used
solely for wine and receive commercial processing that
adequately reduces the presence of microorganisms of public
health significance.
Sec. 759. None of the funds made available by this Act may
be used to revoke an exception made--
(1) pursuant to the final rule of the Department of
Agriculture entitled ``Exceptions to Geographic Areas
for Official Agencies Under the USGSA'' (68 Fed. Reg.
19137 (April 18, 2003)); and
(2) on a date before April 14, 2017.
Sec. 760. For school year 2019-2020, only a school food
authority that had a negative balance in the nonprofit school
food service account as of December 31, 2018, shall be required
to establish a price for paid lunches in accordance with
Section 12(p) of the Richard B. Russell National School Lunch
Act, 42 U.S.C. 1760(p).
Sec. 761. There is hereby appropriated $16,000,000, to
remain available until expended, for an additional amount for
telemedicine and distance learning services in rural areas, as
authorized by 7 U.S.C. 950aaa et seq., to help address the
opioid epidemic in rural America.
Sec. 762. (a) There is hereby appropriated $125,000,000, to
remain available until expended, for an additional amount for
Sec. 779 of Public Law 115-141.
(b) Section 313 of the Rural Electrification Act of 1936,
as amended (7 U.S.C. 940c), shall be applied for fiscal year
2019 and each fiscal year thereafter until the specified
funding has been expended as if the following were inserted
after the final period in subsection (b)(2): ``In addition, the
Secretary shall use $425,000,000 of funds available in this
subaccount in fiscal year 2019 for an additional amount for the
same purpose and under the same terms and conditions as funds
appropriated by Sec. 779 of Public Law 115-141.'': Provided,
That any use of such funds shall be treated as a reprogramming
of funds under section 716 of this Act.
Sec. 763. For an additional amount for the cost of direct
loans and grants made under the ``Rural Water and Waste
Disposal Program Account'', $75,000,000, to remain available
until expended.
Sec. 764. There is hereby appropriated $5,000,000, to
remain available until September 30, 2020, for a pilot program
for the National Institute of Food and Agriculture to provide
grants to nonprofit organizations for programs and services to
establish and enhance farming and ranching opportunities for
military veterans.
Sec. 765. Not later than September 30, 2019, the Secretary
of Health and Human Services shall finalize the draft guidance
for industry entitled ``Bacterial Risk Control Strategies for
Blood Collection Establishments and Transfusion Services to
Enhance the Safety and Availability of Platelets for
Transfusion'' issued by the Food and Drug Administration in
March of 2016.
Sec. 766. Not later than 180 days after the date of the
enactment of this section, the Secretary of Agriculture shall
submit a report to the Committees on Appropriations of both
Houses of Congress that includes a summary of the process used
in establishing the 2020-2025 Dietary Guidelines for Americans
published pursuant to section 301 of the National Nutrition
Monitoring and Related Research Act of 1990 (7 U.S.C. 5341) and
an explanation with respect to the decision to incorporate or
exclude in such Dietary Guidelines for Americans
recommendations from the report by the National Academies of
Science, Engineering, and Medicine entitled ``Redesigning the
Process for Establishing the Dietary Guidelines for Americans''
and issued September, 2017.
Sec. 767. None of the funds made available by this Act
shall be used to implement, administer, or enforce the
requirement in the final rule entitled ``Food Labeling:
Revision of the Nutrition and Supplement Facts Labels'',
published in the Federal Register on May 27, 2016 (81 Fed. Reg.
33742), that any single ingredient sugar, honey, agave, or
syrup (including maple syrup) that is packaged and offered for
sale as a single ingredient food bear the declaration
``Includes `X'g Added Sugars''.
Sec. 768. None of the funds made available by this Act may
be used to implement or enforce the matter following the first
comma in the second sentence of footnote (c) of section
220.8(c) of title 7, Code of Federal Regulations, with respect
to the substitution of vegetables for fruits under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773).
Sec. 769. The Secretary of Agriculture shall provide to
any State or county impacted by a volcanic eruption covered by
a major disaster declared by the President in calendar year
2018 in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
technical assistance--
(1) to assess damage to agricultural production and
rural infrastructure; and
(2) to develop recovery plans for impacted farmers,
ranchers, and rural communities.
Sec. 770. (a) The Secretary of Agriculture, in coordination
with the Administrator of the National Oceanic and Atmospheric
Administration, shall establish a working group (referred to in
this section as the ``working group'')--
(1) to study how mangroves, kelp forests, tidal
marshes, and seagrass meadows could help deacidify the
oceans;
(2) to study emerging ocean farming practices that
use kelp and seagrass to deacidify the oceans while
providing feedstock for agriculture and other
commercial and industrial inputs; and
(3) to coordinate and conduct research to develop
and enhance pilot-scale research for farming of kelp
and seagrass in order--
(A) to deacidify ocean environments;
(B) to produce a feedstock for agriculture;
and
(C) to develop other scalable commercial
applications for kelp, seagrass, or products
derived from kelp or seagrass.
(b) The working group shall include--
(1) the Secretary of Agriculture;
(2) the Administrator of the National Oceanic and
Atmospheric Administration;
(3) representatives of any relevant offices within
the National Oceanic and Atmospheric Administration;
and
(4) the Assistant Secretary of Energy for Energy
Efficiency and Renewable Energy.
(c) Not later than 2 years after the date of enactment of
this Act, the working group shall submit to Congress a report
that includes--
(1) the findings of the research described in
subsection (a);
(2) the results of the pilot-scale research
described in subsection (a)(3); and
(3) any policy recommendations based on those
findings and results.
Sec. 771. Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to Congress a report describing the ways in which
conservation programs administered by the Natural Resources
Conservation Service may be better used for the conservation of
ocelots (Leopardus pardalis) and any action taken by the Chief
of the Natural Resources Conservation Service relating to the
conservation of ocelots.
Sec. 772. Not later than 1 year after the date of
enactment of this Act, the Rural Housing Service of the
Department of Agriculture shall submit to Congress a report
including--
(1) a description of--
(A) the number of properties assisted under
title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.) that are reaching the end of
their loan term;
(B) the location of each property described
in subparagraph (A);
(C) the number of units in each property
described in subparagraph (A); and
(D) the date on which each the loan for
each property described in subparagraph (A) is
expected to reach maturity;
(2) the strategy of the Rural Housing Service to
preserve the long-term affordability of the properties
described in paragraph (1)(A) when the loan matures;
and
(3) a description of the resources and tools that
the Rural Housing Service needs from Congress in order
to preserve the long-term affordability of the
properties described in paragraph (1) (A).
Sec. 773. Out of amounts appropriated to the Food and Drug
Administration under title VI, the Secretary of Health and
Human Services, acting through the Commissioner of Food and
Drugs, shall, not later than July 1, 2019, and following the
review required under Executive Order 12866 (5 U.S.C. 601 note;
relating to regulatory planning and review), issue advice
revising the advice provided in the notice of availability
entitled ``Advice About Eating Fish, From the Environmental
Protection Agency and Food and Drug Administration; Revised
Fish Advice; Availability'' (82 Fed. Reg. 6571 (January 19,
2017)), in a manner that is consistent with nutrition science
recognized by the Food and Drug Administration on the net
effects of seafood consumption.
Sec. 774. In addition to any funds made available in this
Act or any other Act, there is hereby appropriated $5,000,000,
to remain available until September 30, 2020, for grants from
the National Institute of Food and Agriculture to the 1890
Institutions to support the Centers of Excellence.
Sec. 775. Section 6(e)(1)(B) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1755(e)(1)(B)) is amended
by striking ``September 30, 2020'' and inserting ``September
30, 2018''.
Sec. 776. During fiscal year 2019, the Food and Drug
Administration shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until the FDA publishes final
labeling guidelines for informing consumers of such content.
Sec. 777. In addition to funds appropriated in this Act,
there is hereby appropriated $216,000,000, to remain available
until expended, under the heading ``Food for Peace Title II
Grants'': Provided, That the funds made available under this
section shall be used for the purposes set forth in the Food
for Peace Act for both emergency and non-emergency purposes.
Sec. 778. There is appropriated to the ``Farm Service
Agency'' $9,000,000 for purposes of making payments to
producers impacted by an oriental fruit fly quarantine as
referenced in H.Rpt.115-232 to remain available until expended:
Provided, That of the unobligated balances available under
Treasury symbol code 12 18/19 0600, $5,000,000 are rescinded.
Sec. 779. In administering the pilot program established
by section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141), the Secretary of Agriculture
shall--
(1) ensure that applicants that are determined to
be ineligible for the pilot program have a means of
appealing or otherwise challenging that determination
in a timely fashion; and
(2) in determining whether an entity may overbuild
or duplicate broadband expansion efforts made by any
entity that has received a broadband loan from the
Rural Utilities Service, not consider loans that were
rescinded or defaulted on, or loans the terms and
conditions of which were not met, if the entity under
consideration has not previously defaulted on, or
failed to meet the terms and conditions of, a Rural
Utilities Service loan or had a Rural Utilities Service
loan rescinded.
Sec. 780. For the cost of loans and grants, $3,000,000
under the same terms and conditions as authorized by section
379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s): Provided, That such costs of loans, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974.
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2019''.
DIVISION C--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
operations and administration
For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard to
sections 3702 and 3703 of title 44, United States Code; full
medical coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the
International Trade Administration between two points abroad,
without regard to section 40118 of title 49, United States
Code; employment of citizens of the United States and aliens by
contract for services; rental of space abroad for periods not
exceeding 10 years, and expenses of alteration, repair, or
improvement; purchase or construction of temporary demountable
exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of section 2672
of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $495,000,000, to remain available until
September 30, 2020, of which $11,000,000 is to be derived from
fees to be retained and used by the International Trade
Administration, notwithstanding section 3302 of title 31,
United States Code: Provided, That, of amounts provided under
this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these
activities; and that for the purpose of this Act, contributions
under the provisions of the Mutual Educational and Cultural
Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
(including transfer of funds)
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
citizens of the United States and aliens by contract for
services abroad; payment of tort claims, in the manner
authorized in the first paragraph of section 2672 of title 28,
United States Code, when such claims arise in foreign
countries; not to exceed $13,500 for official representation
expenses abroad; awards of compensation to informers under the
Export Control Reform Act of 2018 (subtitle B of title XVII of
the John S. McCain National Defense Authorization Act for
Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50 U.S.C.
4801 et seq.), and as authorized by section 1(b) of the Act of
June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation
otherwise established by law, $118,050,000, to remain available
until expended, except that of the amount appropriated, not
less than $4,550,000 shall remain available until September 30,
2019, and shall only be available for contractor support to
implement the product exclusion process for articles covered by
actions taken under section 232 of the Trade Expansion Act of
1962 (19 U.S.C. 1862): Provided, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of
the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these
activities: Provided further, That payments and contributions
collected and accepted for materials or services provided as
part of such activities may be retained for use in covering the
cost of such activities, and for providing information to the
public with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other
governments: Provided further, That the Secretary of Commerce
may transfer up to $2,000,000 to this account, from funds
available for ``Departmental Management, Salaries and
Expenses'' or for ``Departmental Management, Renovation and
Modernization'': Provided further, That any funds transferred
pursuant to the previous proviso shall remain available until
September 30, 2019, and shall only be available for contractor
support to implement the product exclusion process for articles
covered by actions taken under section 232 of the Trade
Expansion Act of 1962 (19 U.S.C. 1862): Provided further, That
such transfer authority is in addition to any other transfer
authority contained in this Act: Provided further, That any
such transfer shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by
section 27 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722), $265,000,000, to remain available until
expended, of which $23,500,000 shall be for grants under such
section 27.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$39,000,000: Provided, That these funds may be used to monitor
projects approved pursuant to title I of the Public Works
Employment Act of 1976, title II of the Trade Act of 1974,
section 27 of the Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3722), and the Community Emergency Drought
Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and other
agreements with public or private organizations, $40,000,000.
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $101,000,000, to remain available until September 30,
2020.
Bureau of the Census
current surveys and programs
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $270,000,000: Provided, That, from amounts provided
herein, funds may be used for promotion, outreach, and
marketing activities.
periodic censuses and programs
(including transfer of funds)
For necessary expenses for collecting, compiling,
analyzing, preparing, and publishing statistics for periodic
censuses and programs provided for by law, $3,551,388,000, to
remain available until September 30, 2021: Provided, That,
from amounts provided herein, funds may be used for promotion,
outreach, and marketing activities: Provided further, That
within the amounts appropriated, $3,556,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to the Bureau of the Census: Provided further,
That not more than 50 percent of the amounts made available
under this heading for information technology related to 2020
census delivery, including the Census Enterprise Data
Collection and Processing (CEDCaP) program, may be obligated
until the Secretary updates the previous expenditure plan and
resubmits to the Committees on Appropriations of the House of
Representatives and the Senate a plan for expenditure that: (1)
identifies for each CEDCaP project/investment over $25,000: (A)
the functional and performance capabilities to be delivered and
the mission benefits to be realized; (B) an updated estimated
lifecycle cost, including cumulative expenditures to date by
fiscal year, and all revised estimates for development,
maintenance, and operations; (C) key milestones to be met; and
(D) impacts of cost variances on other Census programs; (2)
details for each project/investment: (A) reasons for any cost
and schedule variances; and (B) top risks and mitigation
strategies; and (3) has been submitted to the Government
Accountability Office.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $39,500,000, of which not to exceed $15,000,000 shall
remain available until September 30, 2020: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce
shall charge Federal agencies for costs incurred in spectrum
management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections
for costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce is
authorized to retain and use as offsetting collections all
funds transferred, or previously transferred, from other
Government agencies for all costs incurred in
telecommunications research, engineering, and related
activities by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are
available for the administration of all open grants until their
expiration.
United States Patent and Trademark Office
salaries and expenses
(including transfers of funds)
For necessary expenses of the United States Patent and
Trademark Office (USPTO) provided for by law, including defense
of suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO,
$3,370,000,000, to remain available until expended: Provided,
That the sum herein appropriated from the general fund shall be
reduced as offsetting collections of fees and surcharges
assessed and collected by the USPTO under any law are received
during fiscal year 2019, so as to result in a fiscal year 2019
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2019, should the total amount
of such offsetting collections be less than $3,370,000,000 this
amount shall be reduced accordingly: Provided further, That
any amount received in excess of $3,370,000,000 in fiscal year
2019 and deposited in the Patent and Trademark Fee Reserve Fund
shall remain available until expended: Provided further, That
the Director of USPTO shall submit a spending plan to the
Committees on Appropriations of the House of Representatives
and the Senate for any amounts made available by the preceding
proviso and such spending plan shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States
Patent and Trademark Office ``Salaries and Expenses'' account:
Provided further, That from amounts provided herein, not to
exceed $900 shall be made available in fiscal year 2019 for
official reception and representation expenses: Provided
further, That in fiscal year 2019 from the amounts made
available for ``Salaries and Expenses'' for the USPTO, the
amounts necessary to pay (1) the difference between the
percentage of basic pay contributed by the USPTO and employees
under section 8334(a) of title 5, United States Code, and the
normal cost percentage (as defined by section 8331(17) of that
title) as provided by the Office of Personnel Management (OPM)
for USPTO's specific use, of basic pay, of employees subject to
subchapter III of chapter 83 of that title, and (2) the present
value of the otherwise unfunded accruing costs, as determined
by OPM for USPTO's specific use of post-retirement life
insurance and post-retirement health benefits coverage for all
USPTO employees who are enrolled in Federal Employees Health
Benefits (FEHB) and Federal Employees Group Life Insurance
(FEGLI), shall be transferred to the Civil Service Retirement
and Disability Fund, the FEGLI Fund, and the FEHB Fund, as
appropriate, and shall be available for the authorized purposes
of those accounts: Provided further, That any differences
between the present value factors published in OPM's yearly 300
series benefit letters and the factors that OPM provides for
USPTO's specific use shall be recognized as an imputed cost on
USPTO's financial statements, where applicable: Provided
further, That, notwithstanding any other provision of law, all
fees and surcharges assessed and collected by USPTO are
available for USPTO only pursuant to section 42(c) of title 35,
United States Code, as amended by section 22 of the Leahy-Smith
America Invents Act (Public Law 112-29): Provided further,
That within the amounts appropriated, $1,500,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to the USPTO.
National Institute of Standards and Technology
scientific and technical research and services
(including transfer of funds)
For necessary expenses of the National Institute of
Standards and Technology (NIST), $724,500,000, to remain
available until expended, of which not to exceed $9,000,000 may
be transferred to the ``Working Capital Fund'': Provided, That
not to exceed $5,000 shall be for official reception and
representation expenses: Provided further, That NIST may
provide local transportation for summer undergraduate research
fellowship program participants.
industrial technology services
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which
$140,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $15,000,000 shall be for the National
Network for Manufacturing Innovation (also known as
``Manufacturing USA'').
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for
the National Institute of Standards and Technology, as
authorized by sections 13 through 15 of the National Institute
of Standards and Technology Act (15 U.S.C. 278c-278e),
$106,000,000, to remain available until expended: Provided,
That the Secretary of Commerce shall include in the budget
justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Institute
of Standards and Technology construction project having a total
multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include
an estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfer of funds)
For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration, including
maintenance, operation, and hire of aircraft and vessels; pilot
programs for state-led fisheries management, notwithstanding
any other provision of law; grants, contracts, or other
payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,596,997,000, to remain available
until September 30, 2020: Provided, That fees and donations
received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the
salaries and expenses associated with those activities,
notwithstanding section 3302 of title 31, United States Code:
Provided further, That in addition, $157,980,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'', which shall only be used for fishery activities
related to the Saltonstall-Kennedy Grant Program; Fisheries
Data Collections, Surveys and Assessments; and
Interjurisdictional Fisheries Grants: Provided further, That
of the $3,772,477,000 provided for in direct obligations under
this heading, $3,596,997,000 is appropriated from the general
fund, $157,980,000 is provided by transfer, and $17,500,000 is
derived from recoveries of prior year obligations: Provided
further, That any deviation from the amounts designated for
specific activities in the joint explanatory statement
accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act:
Provided further, That in addition, for necessary retired pay
expenses under the Retired Serviceman's Family Protection and
Survivor Benefits Plan, and for payments for the medical care
of retired personnel and their dependents under the Dependents'
Medical Care Act (10 U.S.C. ch. 55), such sums as may be
necessary.
procurement, acquisition and construction
(including transfer of funds)
For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,755,349,000, to remain available until September 30, 2021,
except that funds provided for acquisition and construction of
vessels and construction of facilities shall remain available
until expended: Provided, That of the $1,768,349,000 provided
for in direct obligations under this heading, $1,755,349,000 is
appropriated from the general fund and $13,000,000 is provided
from recoveries of prior year obligations: Provided further,
That any deviation from the amounts designated for specific
activities in the joint explanatory statement accompanying this
Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the
procedures set forth in section 505 of this Act: Provided
further, That the Secretary of Commerce shall include in budget
justification materials that the Secretary submits to Congress
in support of the Department of Commerce budget (as submitted
with the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National Oceanic
and Atmospheric Administration procurement, acquisition or
construction project having a total of more than $5,000,000 and
simultaneously the budget justification shall include an
estimate of the budgetary requirements for each such project
for each of the 5 subsequent fiscal years: Provided further,
That, within the amounts appropriated, $1,302,000 shall be
transferred to the ``Office of Inspector General'' account for
activities associated with carrying out investigations and
audits related to satellite procurement, acquisition and
construction.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available
until September 30, 2020: Provided, That, of the funds
provided herein, the Secretary of Commerce may issue grants to
the States of Washington, Oregon, Idaho, Nevada, California,
and Alaska, and to the Federally recognized tribes of the
Columbia River and Pacific Coast (including Alaska), for
projects necessary for conservation of salmon and steelhead
populations that are listed as threatened or endangered, or
that are identified by a State as at-risk to be so listed, for
maintaining populations necessary for exercise of tribal treaty
fishing rights or native subsistence fishing, or for
conservation of Pacific coastal salmon and steelhead habitat,
based on guidelines to be developed by the Secretary of
Commerce: Provided further, That all funds shall be allocated
based on scientific and other merit principles and shall not be
available for marketing activities: Provided further, That
funds disbursed to States shall be subject to a matching
requirement of funds or documented in-kind contributions of at
least 33 percent of the Federal funds.
fishermen's contingency fund
For carrying out the provisions of title IV of Public Law
95-372, not to exceed $349,000, to be derived from receipts
collected pursuant to that Act, to remain available until
expended.
fishery disaster assistance
For the necessary expenses associated with the mitigation
of fishery disasters, $15,000,000 to remain available until
expended: Provided, That funds shall be used for mitigating
the effects of commercial fishery failures and fishery resource
disasters as declared by the Secretary of Commerce.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2019, obligations of direct loans may
not exceed $24,000,000 for Individual Fishing Quota loans and
not to exceed $100,000,000 for traditional direct loans as
authorized by the Merchant Marine Act of 1936.
Departmental Management
salaries and expenses
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $63,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978 (5 U.S.C. App.), $34,744,000: Provided, That
notwithstanding section 6413(b) of the Middle Class Tax Relief
and Job Creation Act of 2012 (Public Law 112-96), $2,000,000,
to remain available until expended, from the amounts provided
under this heading, shall be derived from the Public Safety
Trust Fund for activities associated with carrying out
investigations and audits related to the First Responder
Network Authority (FirstNet).
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such
payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of passenger
motor vehicles as authorized by 31 U.S.C. 1343 and 1344;
services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 103. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by
more than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall
not be available for obligation or expenditure except in
compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Committees on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided for
in this Act or any other law appropriating funds for the
Department of Commerce.
Sec. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112-55), as amended by section 105 of
title I of division B of Public Law 113-6, are hereby adopted
by reference and made applicable with respect to fiscal year
2019: Provided, That the life cycle cost for the Joint Polar
Satellite System is $11,322,125,000 and the life cycle cost for
the Geostationary Operational Environmental Satellite R-Series
Program is $10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to
utilities, telecommunications, and security services) necessary
to support the operation, maintenance, and improvement of space
that persons, firms, or organizations are authorized, pursuant
to the Public Buildings Cooperative Use Act of 1976 or other
authority, to use or occupy in the Herbert C. Hoover Building,
Washington, DC, or other buildings, the maintenance, operation,
and protection of which has been delegated to the Secretary
from the Administrator of General Services pursuant to the
Federal Property and Administrative Services Act of 1949 on a
reimbursable or non-reimbursable basis. Amounts received as
reimbursement for services provided under this section or the
authority under which the use or occupancy of the space is
authorized, up to $200,000, shall be credited to the
appropriation or fund which initially bears the costs of such
services.
Sec. 106. Nothing in this title shall be construed to
prevent a grant recipient from deterring child pornography,
copyright infringement, or any other unlawful activity over its
networks.
Sec. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their
consent, with reimbursement and subject to the limits of
available appropriations, the land, services, equipment,
personnel, and facilities of any department, agency, or
instrumentality of the United States, or of any State, local
government, Indian tribal government, Territory, or possession,
or of any political subdivision thereof, or of any foreign
government or international organization, for purposes related
to carrying out the responsibilities of any statute
administered by the National Oceanic and Atmospheric
Administration.
Sec. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has
provided information to the customer on how an electronic copy
of such report or document may be accessed and downloaded for
free online. Should a customer still require the Service to
provide a printed or digital copy of the report or document,
the charge shall be limited to recovering the Service's cost of
processing, reproducing, and delivering such report or
document.
Sec. 109. To carry out the responsibilities of the
National Oceanic and Atmospheric Administration (NOAA), the
Administrator of NOAA is authorized to: (1) enter into grants
and cooperative agreements with; (2) use on a non-reimbursable
basis land, services, equipment, personnel, and facilities
provided by; and (3) receive and expend funds made available on
a consensual basis from: a Federal agency, State or subdivision
thereof, local government, tribal government, territory, or
possession or any subdivisions thereof: Provided, That funds
received for permitting and related regulatory activities
pursuant to this section shall be deposited under the heading
``National Oceanic and Atmospheric Administration--Operations,
Research, and Facilities'' and shall remain available until
September 30, 2021, for such purposes: Provided further, That
all funds within this section and their corresponding uses are
subject to section 505 of this Act.
Sec. 110. Amounts provided by this Act or by any prior
appropriations Act that remain available for obligation, for
necessary expenses of the programs of the Economics and
Statistics Administration of the Department of Commerce,
including amounts provided for programs of the Bureau of
Economic Analysis and the Bureau of the Census, shall be
available for expenses of cooperative agreements with
appropriate entities, including any Federal, State, or local
governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities
which further the purposes for which such amounts have been
made available.
Sec. 111. Section 110(a) of the Department of Commerce
Appropriations Act, 2016 (Public Law 114-113) is amended--
(1) by striking ``management is'' and inserting
``management is: (1)''; and
(2) by striking ``subsection (b).'' and inserting
``subsection (b); or (2) for law enforcement activities
conducted by States under a joint enforcement agreement
pursuant to section 311(h) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1861(h)), any other agreement with the Secretary
entered into pursuant to section 311(a) of such Act, or
any similar agreement authorized by law.''.
Sec. 112. Title II of Division B of Public Law 115-123 is
amended by striking ``Federal'' each place it appears under the
heading ``Department of Commerce--National Oceanic and
Atmospheric Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $113,000,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $32,000,000, to remain available until expended:
Provided, That the Attorney General may transfer up to
$40,000,000 to this account, from funds available to the
Department of Justice for information technology, to remain
available until expended, for enterprise-wide information
technology initiatives: Provided further, That the transfer
authority in the preceding proviso is in addition to any other
transfer authority contained in this Act: Provided further,
That any transfer pursuant to the first proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
executive office for immigration review
(including transfer of funds)
For expenses necessary for the administration of
immigration-related activities of the Executive Office for
Immigration Review, $563,407,000, of which $4,000,000 shall be
derived by transfer from the Executive Office for Immigration
Review fees deposited in the ``Immigration Examinations Fee''
account, and of which not less than $11,400,000 shall be
available for services and activities provided by the Legal
Orientation Program: Provided, That not to exceed $35,000,000
of the total amount made available under this heading shall
remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$101,000,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole
Commission as authorized, $13,000,000: Provided, That,
notwithstanding any other provision of law, upon the expiration
of a term of office of a Commissioner, the Commissioner may
continue to act until a successor has been appointed.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; the
administration of pardon and clemency petitions; and rent of
private or Government-owned space in the District of Columbia,
$904,000,000, of which not to exceed $20,000,000 for litigation
support contracts shall remain available until expended:
Provided, That of the amount provided for INTERPOL Washington
dues payments, not to exceed $685,000 shall remain available
until expended: Provided further, That of the total amount
appropriated, not to exceed $9,000 shall be available to
INTERPOL Washington for official reception and representation
expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
litigation activities of the Civil Division, the Attorney
General may transfer such amounts to ``Salaries and Expenses,
General Legal Activities'' from available appropriations for
the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided
further, That any transfer pursuant to the preceding proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the
election monitoring program under section 8 of the Voting
Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the
Office of Personnel Management for such salaries and expenses:
Provided further, That of the amounts provided under this
heading for the election monitoring program, $3,390,000 shall
remain available until expended: Provided further, That of the
amount appropriated, not less than $193,715,000 shall be
available for the Criminal Division, including related expenses
for the Mutual Legal Assistance Treaty Program.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $10,000,000, to be appropriated from the Vaccine Injury
Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and
kindred laws, $164,977,000, to remain available until expended:
Provided, That notwithstanding any other provision of law,
fees collected for premerger notification filings under the
Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection (and estimated to be
$136,000,000 in fiscal year 2019), shall be retained and used
for necessary expenses in this appropriation, and shall remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
such offsetting collections are received during fiscal year
2019, so as to result in a final fiscal year 2019 appropriation
from the general fund estimated at $28,977,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $2,212,000,000: Provided, That of the total amount
appropriated, not to exceed $7,200 shall be available for
official reception and representation expenses: Provided
further, That not to exceed $25,000,000 shall remain available
until expended: Provided further, That each United States
Attorney shall establish or participate in a task force on
human trafficking.
united states trustee system fund
For necessary expenses of the United States Trustee
Program, as authorized, $226,000,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, deposits to the United States Trustee System Fund and
amounts herein appropriated shall be available in such amounts
as may be necessary to pay refunds due depositors: Provided
further, That, notwithstanding any other provision of law, fees
deposited into the Fund pursuant to section 589a(b) of title
28, United States Code (as limited by section 1004(b) of the
Bankruptcy Judgeship Act of 2017 (division B of Public Law 115-
72)), shall be retained and used for necessary expenses in this
appropriation and shall remain available until expended:
Provided further, That to the extent that fees deposited into
the Fund in fiscal year 2019, net of amounts necessary to pay
refunds due depositors, exceed $226,000,000, those excess
amounts shall be available in future fiscal years only to the
extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal
year 2019, net of amounts necessary to pay refunds due
depositors, (estimated at $360,000,000) and (2) to the extent
that any remaining general fund appropriations can be derived
from amounts deposited in the Fund in previous fiscal years
that are not otherwise appropriated, so as to result in a final
fiscal year 2019 appropriation from the general fund estimated
at $0.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$2,409,000.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $270,000,000, to remain
available until expended, of which not to exceed $16,000,000 is
for construction of buildings for protected witness safesites;
not to exceed $3,000,000 is for the purchase and maintenance of
armored and other vehicles for witness security caravans; and
not to exceed $18,000,000 is for the purchase, installation,
maintenance, and upgrade of secure telecommunications equipment
and a secure automated information network to store and
retrieve the identities and locations of protected witnesses:
Provided, That amounts made available under this heading may
not be transferred pursuant to section 205 of this Act.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for conflict
resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such
amounts to the Community Relations Service, from available
appropriations for the current fiscal year for the Department
of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
assets forfeiture fund
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,514,000, to be derived from the Department of Justice
Assets Forfeiture Fund.
United States Marshals Service
salaries and expenses
For necessary expenses of the United States Marshals
Service, $1,358,000,000, of which not to exceed $6,000 shall be
available for official reception and representation expenses,
and not to exceed $25,000,000 shall remain available until
expended.
construction
For construction in space controlled, occupied or utilized
by the United States Marshals Service for prisoner holding and
related support, $15,000,000, to remain available until
expended.
federal prisoner detention
For necessary expenses related to United States prisoners
in the custody of the United States Marshals Service as
authorized by section 4013 of title 18, United States Code,
$1,552,397,000, to remain available until expended: Provided,
That not to exceed $20,000,000 shall be considered ``funds
appropriated for State and local law enforcement assistance''
pursuant to section 4013(b) of title 18, United States Code:
Provided further, That the United States Marshals Service shall
be responsible for managing the Justice Prisoner and Alien
Transportation System.
National Security Division
salaries and expenses
(including transfer of funds)
For expenses necessary to carry out the activities of the
National Security Division, $101,369,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 205 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to
this heading from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking organizations,
transnational organized crime, and money laundering
organizations not otherwise provided for, to include inter-
governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $560,000,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts obligated
from appropriations under this heading may be used under
authorities available to the organizations reimbursed from this
appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution of
crimes against the United States, $9,192,137,000, of which not
to exceed $216,900,000 shall remain available until expended:
Provided, That not to exceed $184,500 shall be available for
official reception and representation expenses: Provided
further, That in addition to other funds provided for
Construction projects, the Federal Bureau of Investigation may
use up to $150,000,000 appropriated in prior years under this
heading for all costs related to construction, renovation, and
modification of federally owned and leased space and expansion
of network capabilities.
construction
For necessary expenses, to include the cost of equipment,
furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites
by purchase, or as otherwise authorized by law; conversion,
modification and extension of federally owned buildings;
preliminary planning and design of projects; and operation and
maintenance of secure work environment facilities and secure
networking capabilities; $385,000,000, to remain available
until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000 to meet
unforeseen emergencies of a confidential character pursuant to
section 530C of title 28, United States Code; and expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs, $2,267,000,000, of which not to exceed
$75,000,000 shall remain available until expended and not to
exceed $90,000 shall be available for official reception and
representation expenses: Provided, That the Drug Enforcement
Administration may use up to $5,700,000 appropriated in prior
year funds under this heading for necessary expenses of
construction.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms and Explosives, for training of State and local law
enforcement agencies with or without reimbursement, including
training in connection with the training and acquisition of
canines for explosives and fire accelerants detection; and for
provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement,
$1,316,678,000, of which not to exceed $36,000 shall be for
official reception and representation expenses, not to exceed
$1,000,000 shall be available for the payment of attorneys'
fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain
available until expended: Provided, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided
further, That such funds shall be available to investigate and
act upon applications filed by corporations for relief from
Federal firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer the
functions, missions, or activities of the Bureau of Alcohol,
Tobacco, Firearms and Explosives to other agencies or
Departments.
Federal Prison System
salaries and expenses
(including transfer of funds)
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical
assistance and advice on corrections related issues to foreign
governments, $7,250,000,000: Provided, That the Attorney
General may transfer to the Department of Health and Human
Services such amounts as may be necessary for direct
expenditures by that Department for medical relief for inmates
of Federal penal and correctional institutions: Provided
further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or
fiscal intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison System,
furnish health services to individuals committed to the custody
of the Federal Prison System: Provided further, That not to
exceed $5,400 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$50,000,000 shall remain available for necessary operations
until September 30, 2020: Provided further, That, of the
amounts provided for contract confinement, not to exceed
$20,000,000 shall remain available until expended to make
payments in advance for grants, contracts and reimbursable
agreements, and other expenses: Provided further, That the
Director of the Federal Prison System may accept donated
property and services relating to the operation of the prison
card program from a not-for-profit entity which has operated
such program in the past, notwithstanding the fact that such
not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities at
existing penal and correctional institutions, including all
necessary expenses incident thereto, by contract or force
account, $264,000,000, to remain available until expended, of
which $175,000,000 shall be available only for costs related to
construction of new facilities: Provided, That labor of United
States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby
authorized to make such expenditures within the limits of funds
and borrowing authority available, and in accord with the law,
and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 9104 of title
31, United States Code, as may be necessary in carrying out the
program set forth in the budget for the current fiscal year for
such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed on
an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of claims,
and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or
produced, including selling and shipping expenses, and expenses
in connection with acquisition, construction, operation,
maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or
in which it has an interest.
State and Local Law Enforcement Activities
Office on Violence Against Women
violence against women prevention and prosecution programs
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women, as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322) (``the 1994 Act''); the Victims of
Child Abuse Act of 1990 (Public Law 101-647) (``the 1990
Act''); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Juvenile Justice and Delinquency Prevention Act of 1974 (34
U.S.C. 11101 et seq.) (``the 1974 Act''); the Victims of
Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (``the 2005 Act''); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113-4) (``the 2013
Act''); and the Rape Survivor Child Custody Act of 2015 (Public
Law 114-22) (``the 2015 Act''); and for related victims
services, $497,500,000, to remain available until expended,
which shall be derived by transfer from amounts available for
obligation in this Act from the Fund established by section
1402 of chapter XIV of title II of Public Law 98-473 (34 U.S.C.
20101), notwithstanding section 1402(d) of such Act of 1984,
and merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law,
not to exceed 5 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $215,000,000 is for grants to combat violence
against women, as authorized by part T of the 1968 Act;
(2) $36,000,000 is for transitional housing
assistance grants for victims of domestic violence,
dating violence, stalking, or sexual assault as
authorized by section 40299 of the 1994 Act;
(3) $3,000,000 is for the National Institute of
Justice and the Bureau of Justice Statistics for
research, evaluation, and statistics of violence
against women and related issues addressed by grant
programs of the Office on Violence Against Women, which
shall be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(4) $11,000,000 is for a grant program to provide
services to advocate for and respond to youth victims
of domestic violence, dating violence, sexual assault,
and stalking; assistance to children and youth exposed
to such violence; programs to engage men and youth in
preventing such violence; and assistance to middle and
high school students through education and other
services related to such violence: Provided, That
unobligated balances available for the programs
authorized by sections 41201, 41204, 41303, and 41305
of the 1994 Act, prior to its amendment by the 2013
Act, shall be available for this program: Provided
further, That 10 percent of the total amount available
for this grant program shall be available for grants
under the program authorized by section 2015 of the
1968 Act: Provided further, That the definitions and
grant conditions in section 40002 of the 1994 Act shall
apply to this program;
(5) $53,000,000 is for grants to encourage arrest
policies as authorized by part U of the 1968 Act, of
which $4,000,000 is for a homicide reduction
initiative;
(6) $37,500,000 is for sexual assault victims
assistance, as authorized by section 41601 of the 1994
Act;
(7) $42,000,000 is for rural domestic violence and
child abuse enforcement assistance grants, as
authorized by section 40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent
crimes against women on campus, as authorized by
section 304 of the 2005 Act;
(9) $45,000,000 is for legal assistance for
victims, as authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and
services to end violence against and abuse of women in
later life, as authorized by section 40802 of the 1994
Act;
(11) $16,000,000 is for grants to support families
in the justice system, as authorized by section 1301 of
the 2000 Act: Provided, That unobligated balances
available for the programs authorized by section 1301
of the 2000 Act and section 41002 of the 1994 Act,
prior to their amendment by the 2013 Act, shall be
available for this program;
(12) $6,000,000 is for education and training to
end violence against and abuse of women with
disabilities, as authorized by section 1402 of the 2000
Act;
(13) $1,000,000 is for the National Resource Center
on Workplace Responses to assist victims of domestic
violence, as authorized by section 41501 of the 1994
Act;
(14) $1,000,000 is for analysis and research on
violence against Indian women, including as authorized
by section 904 of the 2005 Act: Provided, That such
funds may be transferred to ``Research, Evaluation and
Statistics'' for administration by the Office of
Justice Programs;
(15) $500,000 is for a national clearinghouse that
provides training and technical assistance on issues
relating to sexual assault of American Indian and
Alaska Native women;
(16) $4,000,000 is for grants to assist tribal
governments in exercising special domestic violence
criminal jurisdiction, as authorized by section 904 of
the 2013 Act: Provided, That the grant conditions in
section 40002(b) of the 1994 Act shall apply to this
program; and
(17) $1,500,000 is for the purposes authorized
under the 2015 Act.
Office of Justice Programs
research, evaluation and statistics
For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''); the Juvenile
Justice and Delinquency Prevention Act of 1974 (``the 1974
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Justice for All Act of 2004 (Public Law 108-405); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-
647); the Second Chance Act of 2007 (Public Law 110-199); the
Victims of Crime Act of 1984 (Public Law 98-473); the Adam
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248) (``the Adam Walsh Act''); the PROTECT Our Children Act of
2008 (Public Law 110-401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107-296) (``the 2002
Act''); the NICS Improvement Amendments Act of 2007 (Public Law
110-180); the Violence Against Women Reauthorization Act of
2013 (Public Law 113-4) (``the 2013 Act''); and other programs,
$80,000,000, to remain available until expended, of which--
(1) $43,000,000 is for criminal justice statistics
programs, and other activities, as authorized by part C
of title I of the 1968 Act, of which $5,000,000 is for
a nationwide incident-based crime statistics program;
and
(2) $37,000,000 is for research, development, and
evaluation programs, and other activities as authorized
by part B of title I of the 1968 Act and subtitle D of
title II of the 2002 Act, of which $4,000,000 is for
research targeted toward developing a better
understanding of the domestic radicalization
phenomenon, and advancing evidence-based strategies for
effective intervention and prevention; $1,000,000 is
for research to study the root causes of school
violence to include the impact and effectiveness of
grants made under the STOP School Violence Act;
$1,000,000 is for a study to better protect children
against online predatory behavior as part of the
National Juvenile Online Victimization Studies (N-
JOVS); and $3,000,000 is for a national center for
restorative justice.
state and local law enforcement assistance
(including transfer of funds)
For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of 1968
(``the 1968 Act''); the Justice for All Act of 2004 (Public Law
108-405); the Victims of Child Abuse Act of 1990 (Public Law
101-647) (``the 1990 Act''); the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164); the Violence
Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162) (``the 2005 Act''); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109-248)
(``the Adam Walsh Act''); the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); the NICS
Improvement Amendments Act of 2007 (Public Law 110-180);
subtitle D of title II of the Homeland Security Act of 2002
(Public Law 107-296) (``the 2002 Act''); the Second Chance Act
of 2007 (Public Law 110-199); the Prioritizing Resources and
Organization for Intellectual Property Act of 2008 (Public Law
110-403); the Victims of Crime Act of 1984 (Public Law 98-473);
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110-
416); the Violence Against Women Reauthorization Act of 2013
(Public Law 113-4) (``the 2013 Act''); the Comprehensive
Addiction and Recovery Act of 2016 (Public Law 114-198)
(``CARA''); the Justice for All Reauthorization Act of 2016
(Public Law 114-324); Kevin and Avonte's Law (division Q of
Public Law 115-141) (``Kevin and Avonte's Law''); the Keep
Young Athletes Safe Act of 2018 (title III of division S of
Public Law 115-141) (``the Keep Young Athletes Safe Act''); the
STOP School Violence Act of 2018 (title V of division S of
Public Law 115-141) (``the STOP School Violence Act''); the Fix
NICS Act of 2018 (title VI of division S of Public Law 115-
141); the Project Safe Neighborhoods Grant Program
Authorization Act of 2018 (Public Law 115-185); and the SUPPORT
for Patients and Communities Act (Public Law 115-271); and
other programs, $1,723,000,000, to remain available until
expended as follows--
(1) $423,500,000 for the Edward Byrne Memorial
Justice Assistance Grant program as authorized by
subpart 1 of part E of title I of the 1968 Act (except
that section 1001(c), and the special rules for Puerto
Rico under section 505(g) of title I of the 1968 Act
shall not apply for purposes of this Act), of which,
notwithstanding such subpart 1, $12,000,000 is for the
Officer Robert Wilson III Memorial Initiative on
Preventing Violence Against Law Enforcement Officer
Resilience and Survivability (VALOR), $7,500,000 is for
an initiative to support evidence-based policing,
$8,000,000 is for an initiative to enhance
prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the
National Missing and Unidentified Persons System,
$2,500,000 is for an academic based training initiative
to improve police-based responses to people with mental
illness or developmental disabilities, $2,000,000 is
for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315,
$15,500,000 is for prison rape prevention and
prosecution grants to States and units of local
government, and other programs, as authorized by the
Prison Rape Elimination Act of 2003 (Public Law 108-
79), $2,000,000 is for a grant program authorized by
Kevin and Avonte's Law, $3,000,000 is for a regional
law enforcement technology initiative, $20,000,000 is
for programs to reduce gun crime and gang violence, as
authorized by Public Law 115-185, $5,000,000 is for the
Capital Litigation Improvement Grant Program, as
authorized by section 426 of Public Law 108-405, and
for grants for wrongful conviction review, $2,000,000
is for emergency law enforcement assistance for events
occurring during or after fiscal year 2019, as
authorized by section 609M of the Justice Assistance
Act of 1984 (34 U.S.C. 50101), $2,000,000 is for grants
to States and units of local government to deploy
managed access systems to combat contraband cell phone
use in prison, $2,000,000 is for a program to improve
juvenile indigent defense, and $8,000,000 is for
community-based violence prevention initiatives;
(2) $243,500,000 for the State Criminal Alien
Assistance Program, as authorized by section 241(i)(5)
of the Immigration and Nationality Act (8 U.S.C.
1231(i)(5)): Provided, That no jurisdiction shall
request compensation for any cost greater than the
actual cost for Federal immigration and other detainees
housed in State and local detention facilities;
(3) $85,000,000 for victim services programs for
victims of trafficking, as authorized by section
107(b)(2) of Public Law 106-386, for programs
authorized under Public Law 109-164, or programs
authorized under Public Law 113-4;
(4) $14,000,000 for economic, high technology,
white collar, and Internet crime prevention grants,
including as authorized by section 401 of Public Law
110-403, of which $2,500,000 is for competitive grants
that help State and local law enforcement tackle
intellectual property thefts, and $2,000,000 for a
competitive grant program for training students in
computer forensics and digital investigation;
(5) $20,000,000 for sex offender management
assistance, as authorized by the Adam Walsh Act, and
related activities;
(6) $25,000,000 for the matching grant program for
law enforcement armor vests, as authorized by section
2501 of title I of the 1968 Act: Provided, That
$1,500,000 is transferred directly to the National
Institute of Standards and Technology's Office of Law
Enforcement Standards for research, testing and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $75,000,000 for grants to States to upgrade
criminal and mental health records for the National
Instant Criminal Background Check System, of which no
less than $25,000,000 shall be for grants made under
the authorities of the NICS Improvement Amendments Act
of 2007 (Public Law 110-180) and Fix NICS Act of 2018;
(9) $30,000,000 for Paul Coverdell Forensic
Sciences Improvement Grants under part BB of title I of
the 1968 Act;
(10) $130,000,000 for DNA-related and forensic
programs and activities, of which--
(A) $120,000,000 is for a DNA analysis and
capacity enhancement program and for other
local, State, and Federal forensic activities,
including the purposes authorized under section
2 of the DNA Analysis Backlog Elimination Act
of 2000 (Public Law 106-546) (the Debbie Smith
DNA Backlog Grant Program): Provided, That up
to 4 percent of funds made available under this
paragraph may be used for the purposes
described in the DNA Training and Education for
Law Enforcement, Correctional Personnel, and
Court Officers program (Public Law 108-405,
section 303);
(B) $6,000,000 is for the purposes
described in the Kirk Bloodsworth Post-
Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(C) $4,000,000 is for Sexual Assault
Forensic Exam Program grants, including as
authorized by section 304 of Public Law 108-
405;
(11) $48,000,000 for a grant program for community-
based sexual assault response reform;
(12) $12,000,000 for the court-appointed special
advocate program, as authorized by section 217 of the
1990 Act;
(13) $37,500,000 for assistance to Indian tribes;
(14) $87,500,000 for offender reentry programs and
research, as authorized by the Second Chance Act of
2007 (Public Law 110-199), without regard to the time
limitations specified at section 6(1) of such Act, of
which not to exceed $6,000,000 is for a program to
improve State, local, and tribal probation or parole
supervision efforts and strategies, $5,000,000 is for
Children of Incarcerated Parents Demonstrations to
enhance and maintain parental and family relationships
for incarcerated parents as a reentry or recidivism
reduction strategy, and $4,000,000 is for additional
replication sites employing the Project HOPE
Opportunity Probation with Enforcement model
implementing swift and certain sanctions in probation,
and for a research project on the effectiveness of the
model: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for
performance-based awards for Pay for Success projects,
of which up to $5,000,000 shall be for Pay for Success
programs implementing the Permanent Supportive Housing
Model;
(15) $66,500,000 for initiatives to improve police-
community relations, of which $22,500,000 is for a
competitive matching grant program for purchases of
body-worn cameras for State, local and Tribal law
enforcement, $27,000,000 is for a justice reinvestment
initiative, for activities related to criminal justice
reform and recidivism reduction, and $17,000,000 is for
an Edward Byrne Memorial criminal justice innovation
program;
(16) $347,000,000 for comprehensive opioid abuse
reduction activities, including as authorized by CARA,
and for the following programs, which shall address
opioid abuse reduction consistent with underlying
program authorities--
(A) $77,000,000 for Drug Courts, as
authorized by section 1001(a)(25)(A) of title I
of the 1968 Act;
(B) $31,000,000 for mental health courts
and adult and juvenile collaboration program
grants, as authorized by parts V and HH of
title I of the 1968 Act, and the Mentally Ill
Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008
(Public Law 110-416);
(C) $30,000,000 for grants for Residential
Substance Abuse Treatment for State Prisoners,
as authorized by part S of title I of the 1968
Act;
(D) $22,000,000 for a veterans treatment
courts program;
(E) $30,000,000 for a program to monitor
prescription drugs and scheduled listed
chemical products; and
(F) $157,000,000 for a comprehensive opioid
abuse program;
(17) $2,500,000 for a competitive grant program
authorized by the Keep Young Athletes Safe Act; and
(18) $75,000,000 for grants to be administered by
the Bureau of Justice Assistance for purposes
authorized under the STOP School Violence Act:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will
achieve a net gain in the number of law enforcement officers
who perform non-administrative public sector safety service.
juvenile justice programs
For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''); the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); the Missing Children's Assistance Act (34 U.S.C. 11291
et seq.); the Prosecutorial Remedies and Other Tools to end the
Exploitation of Children Today Act of 2003 (Public Law 108-21);
the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Adam Walsh Child Protection and Safety
Act of 2006 (Public Law 109-248) (``the Adam Walsh Act''); the
PROTECT Our Children Act of 2008 (Public Law 110-401); the
Violence Against Women Reauthorization Act of 2013 (Public Law
113-4) (``the 2013 Act''); the Justice for All Reauthorization
Act of 2016 (Public Law 114-324); and other juvenile justice
programs, $287,000,000, to remain available until expended as
follows--
(1) $60,000,000 for programs authorized by section
221 of the 1974 Act, and for training and technical
assistance to assist small, nonprofit organizations
with the Federal grants process: Provided, That of the
amounts provided under this paragraph, $500,000 shall
be for a competitive demonstration grant program to
support emergency planning among State, local and
tribal juvenile justice residential facilities;
(2) $95,000,000 for youth mentoring grants;
(3) $24,500,000 for delinquency prevention, as
authorized by section 505 of the 1974 Act, of which,
pursuant to sections 261 and 262 thereof--
(A) $5,000,000 shall be for the Tribal
Youth Program;
(B) $500,000 shall be for an Internet site
providing information and resources on children
of incarcerated parents;
(C) $2,000,000 shall be for competitive
grants focusing on girls in the juvenile
justice system;
(D) $9,000,000 shall be for an opioid-
affected youth initiative; and
(E) $8,000,000 shall be for an initiative
relating to children exposed to violence;
(4) $22,500,000 for programs authorized by the
Victims of Child Abuse Act of 1990;
(5) $82,000,000 for missing and exploited children
programs, including as authorized by sections 404(b)
and 405(a) of the 1974 Act (except that section
102(b)(4)(B) of the PROTECT Our Children Act of 2008
(Public Law 110-401) shall not apply for purposes of
this Act); and
(6) $3,000,000 for child abuse training programs
for judicial personnel and practitioners, as authorized
by section 222 of the 1990 Act:
Provided, That not more than 10 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of the amounts
designated under paragraphs (1) through (3) and (6) may be used
for training and technical assistance: Provided further, That
the two preceding provisos shall not apply to grants and
projects administered pursuant to sections 261 and 262 of the
1974 Act and to missing and exploited children programs.
public safety officer benefits
(including transfer of funds)
For payments and expenses authorized under section
1001(a)(4) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, such sums as are necessary (including
amounts for administrative costs), to remain available until
expended; and $24,800,000 for payments authorized by section
1201(b) of such Act and for educational assistance authorized
by section 1218 of such Act, to remain available until
expended: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for such disability
and education payments, the Attorney General may transfer such
amounts to ``Public Safety Officer Benefits'' from available
appropriations for the Department of Justice as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Community Oriented Policing Services
community oriented policing services programs
(including transfer of funds)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus
Crime Control and Safe Streets Act of 1968 (``the 1968 Act'');
the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162) (``the 2005
Act''); and the SUPPORT for Patients and Communities Act
(Public Law 115-271), $303,500,000, to remain available until
expended: Provided, That any balances made available through
prior year deobligations shall only be available in accordance
with section 505 of this Act: Provided further, That of the
amount provided under this heading--
(1) $228,500,000 is for grants under section 1701
of title I of the 1968 Act (34 U.S.C. 10381) for the
hiring and rehiring of additional career law
enforcement officers under part Q of such title
notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such
title (34 U.S.C. 10384(c)), funding for hiring or
rehiring a career law enforcement officer may not
exceed $125,000 unless the Director of the Office of
Community Oriented Policing Services grants a waiver
from this limitation: Provided further, That within
the amounts appropriated under this paragraph,
$27,000,000 is for improving tribal law enforcement,
including hiring, equipment, training, anti-
methamphetamine activities, and anti-opioid activities:
Provided further, That of the amounts appropriated
under this paragraph, $6,500,000 is for community
policing development activities in furtherance of the
purposes in section 1701: Provided further, That of
the amounts appropriated under this paragraph
$37,000,000 is for regional information sharing
activities, as authorized by part M of title I of the
1968 Act, which shall be transferred to and merged with
``Research, Evaluation, and Statistics'' for
administration by the Office of Justice Programs:
Provided further, That within the amounts appropriated
under this paragraph, no less than $3,000,000 is to
support the Tribal Access Program: Provided further,
That within the amounts appropriated under this
paragraph, $2,000,000 is for training, peer mentoring,
and mental health program activities as authorized
under the Law Enforcement Mental Health and Wellness
Act (Public Law 115-113);
(2) $10,000,000 is for activities authorized by the
POLICE Act of 2016 (Public Law 114-199);
(3) $8,000,000 is for competitive grants to State
law enforcement agencies in States with high seizures
of precursor chemicals, finished methamphetamine,
laboratories, and laboratory dump seizures: Provided,
That funds appropriated under this paragraph shall be
utilized for investigative purposes to locate or
investigate illicit activities, including precursor
diversion, laboratories, or methamphetamine
traffickers;
(4) $32,000,000 is for competitive grants to
statewide law enforcement agencies in States with high
rates of primary treatment admissions for heroin and
other opioids: Provided, That these funds shall be
utilized for investigative purposes to locate or
investigate illicit activities, including activities
related to the distribution of heroin or unlawful
distribution of prescription opioids, or unlawful
heroin and prescription opioid traffickers through
statewide collaboration; and
(5) $25,000,000 is for competitive grants to be
administered by the Community Oriented Policing
Services Office for purposes authorized under the STOP
School Violence Act (title V of division S of Public
Law 115-141).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. In addition to amounts otherwise made available
in this title for official reception and representation
expenses, a total of not to exceed $50,000 from funds
appropriated to the Department of Justice in this title shall
be available to the Attorney General for official reception and
representation expenses.
Sec. 202. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape or incest: Provided,
That should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null and
void.
Sec. 203. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove
the obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 203 intended to address the philosophical beliefs of
individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That any transfer
pursuant to this section shall be treated as a reprogramming of
funds under section 505 of this Act and shall not be available
for obligation except in compliance with the procedures set
forth in that section.
Sec. 206. None of the funds made available under this
title may be used by the Federal Bureau of Prisons or the
United States Marshals Service for the purpose of transporting
an individual who is a prisoner pursuant to conviction for
crime under State or Federal law and is classified as a maximum
or high security prisoner, other than to a prison or other
facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
Sec. 207. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, or to rent or purchase audiovisual or electronic
media or equipment used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental,
maintenance, or purchase of audiovisual or electronic media or
equipment for inmate training, religious, or educational
programs.
Sec. 208. None of the funds made available under this
title shall be obligated or expended for any new or enhanced
information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy
Attorney General and the investment review board certify to the
Committees on Appropriations of the House of Representatives
and the Senate that the information technology program has
appropriate program management controls and contractor
oversight mechanisms in place, and that the program is
compatible with the enterprise architecture of the Department
of Justice.
Sec. 209. The notification thresholds and procedures set
forth in section 505 of this Act shall apply to deviations from
the amounts designated for specific activities in this Act and
in the joint explanatory statement accompanying this Act, and
to any use of deobligated balances of funds provided under this
title in previous years.
Sec. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
Sec. 211. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or expenses
of any United States Attorney assigned dual or additional
responsibilities by the Attorney General or his designee that
exempt that United States Attorney from the residency
requirements of section 545 of title 28, United States Code.
Sec. 212. At the discretion of the Attorney General, and
in addition to any amounts that otherwise may be available (or
authorized to be made available) by law, with respect to funds
appropriated by this title under the headings ``Research,
Evaluation and Statistics'', ``State and Local Law Enforcement
Assistance'', and ``Juvenile Justice Programs''--
(1) up to 3 percent of funds made available to the
Office of Justice Programs for grant or reimbursement
programs may be used by such Office to provide training
and technical assistance; and
(2) up to 2.5 percent of funds made available for
grant or reimbursement programs under such headings,
except for amounts appropriated specifically for
research, evaluation, or statistical programs
administered by the National Institute of Justice and
the Bureau of Justice Statistics, shall be transferred
to and merged with funds provided to the National
Institute of Justice and the Bureau of Justice
Statistics, to be used by them for research,
evaluation, or statistical purposes, without regard to
the authorizations for such grant or reimbursement
programs.
Sec. 213. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2016 through
2019 for the following programs, waive the following
requirements:
(1) For the adult and juvenile offender State and
local reentry demonstration projects under part FF of
title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (34 U.S.C. 10631 et seq.), the requirements
under section 2976(g)(1) of such part (34 U.S.C.
10631(g)(1)).
(2) For State, Tribal, and local reentry courts
under part FF of title I of such Act of 1968 (34 U.S.C.
10631 et seq.), the requirements under section
2978(e)(1) and (2) of such part (34 U.S.C. 10633(e)(1)
and (2)).
(3) For the prosecution drug treatment alternatives
to prison program under part CC of title I of such Act
of 1968 (34 U.S.C. 10581), the requirements under the
second sentence of section 2901(f) of such part (34
U.S.C. 10581(f)).
Sec. 214. Notwithstanding any other provision of law,
section 20109(a) of subtitle A of title II of the Violent Crime
Control and Law Enforcement Act of 1994 (34 U.S.C. 12109(a))
shall not apply to amounts made available by this or any other
Act.
Sec. 215. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (34 U.S.C. 40901), may be used by a
Federal law enforcement officer to facilitate the transfer of
an operable firearm to an individual if the Federal law
enforcement officer knows or suspects that the individual is an
agent of a drug cartel, unless law enforcement personnel of the
United States continuously monitor or control the firearm at
all times.
Sec. 216. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public
Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be
available for obligation during fiscal year 2019, except up to
$12,000,000 may be obligated for implementation of a unified
Department of Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances
transferred to the capital account of the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102-140
(105 Stat. 784; 28 U.S.C. 527 note) shall be available for
obligation in fiscal year 2019, and any use, obligation,
transfer or allocation of such funds shall be treated as a
reprogramming of funds under section 505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated
balances available under section 524(c)(8)(E) of title 28,
United States Code, shall be available for obligation during
fiscal year 2019, and any use, obligation, transfer or
allocation of such funds shall be treated as a reprogramming of
funds under section 505 of this Act.
Sec. 217. Discretionary funds that are made available in
this Act for the Office of Justice Programs may be used to
participate in Performance Partnership Pilots authorized under
section 526 of division H of Public Law 113-76, section 524 of
division G of Public Law 113-235, section 525 of division H of
Public Law 114-113, and such authorities as are enacted for
Performance Partnership Pilots in an appropriations Act for
fiscal years 2018 and 2019.
This title may be cited as the ``Department of Justice
Appropriations Act, 2019''.
TITLE III
SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the National
Science and Technology Policy, Organization, and Priorities Act
of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor
vehicles, and services as authorized by section 3109 of title
5, United States Code, not to exceed $2,250 for official
reception and representation expenses, and rental of conference
rooms in the District of Columbia, $5,544,000.
National Space Council
For necessary expenses of the National Space Council, in
carrying out the purposes of Title V of Public Law 100-685 and
Executive Order 13803, hire of passenger motor vehicles, and
services as authorized by section 3109 of title 5, United
States Code, not to exceed $2,250 for official reception and
representation expenses, $1,965,000: Provided, That
notwithstanding any other provision of law, the National Space
Council may accept personnel support from Federal agencies,
departments, and offices, and such Federal agencies,
departments, and offices may detail staff without reimbursement
to the National Space Council for purposes provided herein.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$6,905,700,000, to remain available until September 30, 2020:
Provided, That, of the amounts provided, $545,000,000 is for an
orbiter and $195,000,000 is for a lander to meet the science
goals for the Jupiter Europa mission as recommended in previous
Planetary Science Decadal surveys: Provided further, That the
National Aeronautics and Space Administration shall use the
Space Launch System as the launch vehicles for the Jupiter
Europa missions, plan for an orbiter launch no later than 2023
and a lander launch no later than 2025, and include in the
fiscal year 2020 budget the 5-year funding profile necessary to
achieve these goals.
aeronautics
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $725,000,000,
to remain available until September 30, 2020.
space technology
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft, $926,900,000,
to remain available until September 30, 2020: Provided, That
$180,000,000 shall be for RESTORE-L.
exploration
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development
activities, including research, development, operations,
support, and services; maintenance and repair, facility
planning and design; space flight, spacecraft control, and
communications activities; program management; personnel and
related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and
operation of mission and administrative aircraft,
$5,050,800,000, to remain available until September 30, 2020:
Provided, That not less than $1,350,000,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,150,000,000 shall be for the Space Launch System
(SLS) launch vehicle, which shall have a lift capability not
less than 130 metric tons and which shall have core elements
and an Exploration Upper Stage developed simultaneously:
Provided further, That of the amounts provided for SLS, not
less than $150,000,000 shall be for Exploration Upper Stage
development: Provided further, That $592,800,000 shall be for
Exploration Ground Systems, including $48,000,000 for a second
mobile launch platform and associated SLS activities: Provided
further, That the National Aeronautics and Space Administration
(NASA) shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the
annual budget submission, a 5-year budget profile for an
integrated system that includes the Space Launch System, the
Orion Multi-Purpose Crew Vehicle, and associated ground systems
that will ensure an Exploration Mission-2 crewed launch as
early as possible, as well as a system-based funding profile
for a sustained launch cadence beyond the initial crewed test
launch: Provided further, That $958,000,000 shall be for
exploration research and development.
space operations
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and
development activities, including research, development,
operations, support and services; space flight, spacecraft
control and communications activities, including operations,
production, and services; maintenance and repair, facility
planning and design; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles;
and purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $4,639,100,000, to remain
available until September 30, 2020.
science, technology, engineering, and mathematics engagement
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research,
development, operations, support, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $110,000,000, to remain available until September 30,
2020, of which $21,000,000 shall be for the Established Program
to Stimulate Competitive Research and $44,000,000 shall be for
the National Space Grant College and Fellowship Program.
safety, security and mission services
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology,
exploration, space operations and education research and
development activities, including research, development,
operations, support, and services; maintenance and repair,
facility planning and design; space flight, spacecraft control,
and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $63,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative
aircraft, $2,755,000,000, to remain available until September
30, 2020.
construction and environmental compliance and restoration
For necessary expenses for construction of facilities
including repair, rehabilitation, revitalization, and
modification of facilities, construction of new facilities and
additions to existing facilities, facility planning and design,
and restoration, and acquisition or condemnation of real
property, as authorized by law, and environmental compliance
and restoration, $348,200,000, to remain available until
September 30, 2024: Provided, That proceeds from leases
deposited into this account shall be available for a period of
5 years to the extent and in amounts as provided in annual
appropriations Acts: Provided further, That such proceeds
referred to in the preceding proviso shall be available for
obligation for fiscal year 2019 in an amount not to exceed
$17,000,000: Provided further, That each annual budget request
shall include an annual estimate of gross receipts and
collections and proposed use of all funds collected pursuant to
section 20145 of title 51, United States Code.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, $39,300,000,
of which $500,000 shall remain available until September 30,
2020.
administrative provisions
(including transfers of funds)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize
is claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and
Space Administration in this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers. Balances so transferred
shall be merged with and available for the same purposes and
the same time period as the appropriations to which
transferred. Any transfer pursuant to this provision shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.
The unexpired balances of the ``Education'' account, for
activities for which funds are provided in this Act, may be
transferred to the ``Science, Technology, Engineering, and
Mathematics Engagement'' account established in this Act.
Balances so transferred shall be merged with the funds in the
newly established account, but shall be available under the
same terms, conditions and period of time as previously
appropriated.
Not more than 50 percent of the amounts made available in
this Act for the Lunar Orbital Platform; Advanced Cislunar and
Surface Capabilities; Commercial LEO Development; and Lunar
Discovery and Exploration, excluding the Lunar Reconnaissance
Orbiter, may be obligated until the Administrator submits a
multi-year plan to the Committees on Appropriations of the
House of Representatives and the Senate that identifies
estimated dates, by fiscal year, for Space Launch System
flights to build the Lunar Orbital Platform; the commencement
of partnerships with commercial entities for additional LEO
missions to land humans and rovers on the Moon; and conducting
additional scientific activities on the Moon. The multi-year
plan shall include key milestones to be met by fiscal year to
achieve goals for each of the lunar programs described in the
previous sentence and funding required by fiscal year to
achieve such milestones.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86-209 (42 U.S.C. 1880 et seq.); services as authorized by
section 3109 of title 5, United States Code; maintenance and
operation of aircraft and purchase of flight services for
research support; acquisition of aircraft; and authorized
travel; $6,520,000,000, to remain available until September 30,
2020, of which not to exceed $544,000,000 shall remain
available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for
operational and science support and logistical and other
related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and
materials furnished by the National Research Centers and other
National Science Foundation supported research facilities may
be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861 et
seq.), including authorized travel, $295,740,000, to remain
available until expended.
education and human resources
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950 (42 U.S.C. 1861 et seq.), including services as authorized
by section 3109 of title 5, United States Code, authorized
travel, and rental of conference rooms in the District of
Columbia, $910,000,000, to remain available until September 30,
2020.
agency operations and award management
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42
U.S.C. 1861 et seq.); services authorized by section 3109 of
title 5, United States Code; hire of passenger motor vehicles;
uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; rental of conference
rooms in the District of Columbia; and reimbursement of the
Department of Homeland Security for security guard services;
$329,540,000: Provided, That not to exceed $8,280 is for
official reception and representation expenses: Provided
further, That contracts may be entered into under this heading
in fiscal year 2019 for maintenance and operation of facilities
and for other services to be provided during the next fiscal
year.
office of the national science board
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the rental
of conference rooms in the District of Columbia, and the
employment of experts and consultants under section 3109 of
title 5, United States Code) involved in carrying out section 4
of the National Science Foundation Act of 1950 (42 U.S.C. 1863)
and Public Law 86-209 (42 U.S.C. 1880 et seq.), $4,370,000:
Provided, That not to exceed $2,500 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978,
$15,350,000, of which $400,000 shall remain available until
September 30, 2020.
administrative provisions
(including transfer of funds)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10
percent by any such transfers. Any transfer pursuant to this
paragraph shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for
obligation except in compliance with the procedures set forth
in that section.
The Director of the National Science Foundation (NSF) shall
notify the Committees on Appropriations of the House of
Representatives and the Senate at least 30 days in advance of
any planned divestment through transfer, decommissioning,
termination, or deconstruction of any NSF-owned facilities or
any NSF capital assets (including land, structures, and
equipment) valued greater than $2,500,000.
This title may be cited as the ``Science Appropriations
Act, 2019''.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $10,065,000:
Provided, That none of the funds appropriated in this paragraph
may be used to employ any individuals under Schedule C of
subpart C of part 213 of title 5 of the Code of Federal
Regulations exclusive of one special assistant for each
Commissioner: Provided further, That none of the funds
appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the
exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that
is not explicitly authorized by section 3 of the Civil Rights
Commission Act of 1983 (42 U.S.C. 1975a).
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil
Rights Act of 1991, the Genetic Information Nondiscrimination
Act (GINA) of 2008 (Public Law 110-233), the ADA Amendments Act
of 2008 (Public Law 110-325), and the Lilly Ledbetter Fair Pay
Act of 2009 (Public Law 111-2), including services as
authorized by section 3109 of title 5, United States Code; hire
of passenger motor vehicles as authorized by section 1343(b) of
title 31, United States Code; nonmonetary awards to private
citizens; and up to $29,500,000 for payments to State and local
enforcement agencies for authorized services to the Commission,
$379,500,000: Provided, That the Commission is authorized to
make available for official reception and representation
expenses not to exceed $2,250 from available funds: Provided
further, That the Commission may take no action to implement
any workforce repositioning, restructuring, or reorganization
until such time as the Committees on Appropriations of the
House of Representatives and the Senate have been notified of
such proposals, in accordance with the reprogramming
requirements of section 505 of this Act: Provided further,
That the Chair is authorized to accept and use any gift or
donation to carry out the work of the Commission.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles and
services as authorized by section 3109 of title 5, United
States Code, and not to exceed $2,250 for official reception
and representation expenses, $95,000,000, to remain available
until expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$415,000,000, of which $380,500,000 is for basic field programs
and required independent audits; $5,100,000 is for the Office
of Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients;
$19,400,000 is for management and grants oversight; $4,000,000
is for client self-help and information technology; $4,500,000
is for a Pro Bono Innovation Fund; and $1,500,000 is for loan
repayment assistance: Provided, That the Legal Services
Corporation may continue to provide locality pay to officers
and employees at a rate no greater than that provided by the
Federal Government to Washington, DC-based employees as
authorized by section 5304 of title 5, United States Code,
notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996d(d)): Provided further, That
the authorities provided in section 205 of this Act shall be
applicable to the Legal Services Corporation: Provided
further, That, for the purposes of section 505 of this Act, the
Legal Services Corporation shall be considered an agency of the
United States Government.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the provisions
of, sections 501, 502, 503, 504, 505, and 506 of Public Law
105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and
conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be
deemed to refer instead to 2018 and 2019, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of the Marine Mammal Protection Act of
1972 (16 U.S.C. 1361 et seq.), $3,516,000.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by section 3109 of title 5, United States Code,
$53,000,000, of which $1,000,000 shall remain available until
expended: Provided, That of the total amount made available
under this heading, not to exceed $124,000 shall be available
for official reception and representation expenses.
trade enforcement trust fund
(including transfer of funds)
For activities of the United States Trade Representative
authorized by section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405), including transfers,
$15,000,000, to be derived from the Trade Enforcement Trust
Fund: Provided, That any transfer pursuant to subsection
(d)(1) of such section shall be treated as a reprogramming
under section 505 of this Act.
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Act of 1984 (42
U.S.C. 10701 et seq.) $5,971,000, of which $500,000 shall
remain available until September 30, 2020: Provided, That not
to exceed $2,250 shall be available for official reception and
representation expenses: Provided further, That, for the
purposes of section 505 of this Act, the State Justice
Institute shall be considered an agency of the United States
Government.
TITLE V
GENERAL PROVISIONS
(including rescissions)
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not
authorized by the Congress.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall
be limited to those contracts where such expenditures are a
matter of public record and available for public inspection,
except where otherwise provided under existing law, or under
existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be held
invalid, the remainder of the Act and the application of each
provision to persons or circumstances other than those as to
which it is held invalid shall not be affected thereby.
Sec. 505. None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2019, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be
available for obligation or expenditure through a reprogramming
of funds that: (1) creates or initiates a new program, project
or activity; (2) eliminates a program, project or activity; (3)
increases funds or personnel by any means for any project or
activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) reorganizes or renames
offices, programs or activities; (6) contracts out or
privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is
less, or reduces by 10 percent funding for any program, project
or activity, or numbers of personnel by 10 percent; or (8)
results from any general savings, including savings from a
reduction in personnel, which would result in a change in
existing programs, projects or activities as approved by
Congress; unless the House and Senate Committees on
Appropriations are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to the
United States that is not made in the United States, the person
shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the
debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
(b)(1) To the extent practicable, with respect to
authorized purchases of promotional items, funds made available
by this Act shall be used to purchase items that are
manufactured, produced, or assembled in the United States, its
territories or possessions.
(2) The term ``promotional items'' has the meaning given
the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
Sec. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on
Appropriations of the House of Representatives and the Senate a
quarterly report on the status of balances of appropriations at
the account level. For unobligated, uncommitted balances and
unobligated, committed balances the quarterly reports shall
separately identify the amounts attributable to each source
year of appropriation from which the balances were derived. For
balances that are obligated, but unexpended, the quarterly
reports shall separately identify amounts by the year of
obligation.
(b) The report described in subsection (a) shall be
submitted within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any
aspect of a reporting requirement described in subsection (a)
due to a limitation of a current accounting system, the
department or agency shall fulfill such aspect to the maximum
extent practicable under such accounting system and shall
identify and describe in each quarterly report the extent to
which such aspect is not fulfilled.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from, or to prevent, personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the
authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in
addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of
Commerce, this section shall also apply to actions taken for
the care and protection of loan collateral or grant property.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
Sec. 510. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established by
section 1402 of chapter XIV of title II of Public Law 98-473
(34 U.S.C. 20101) in any fiscal year in excess of
$3,353,000,000 shall not be available for obligation until the
following fiscal year: Provided, That notwithstanding section
1402(d) of such Act, of the amounts available from the Fund for
obligation: (1) $10,000,000 shall remain available until
expended to the Department of Justice Office of Inspector
General for oversight and auditing purposes; and (2) 5 percent
shall be available to the Office for Victims of Crime for
grants, consistent with the requirements of the Victims of
Crime Act, to Indian tribes to improve services for victims of
crime.
Sec. 511. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of students
who participate in programs for which financial assistance is
provided from those funds, or of the parents or legal guardians
of such students.
Sec. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 513. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant
to the Inspector General Act (5 U.S.C. App.), of grants or
contracts for which funds are appropriated by this Act, and
shall submit reports to Congress on the progress of such
audits, which may include preliminary findings and a
description of areas of particular interest, within 180 days
after initiating such an audit and every 180 days thereafter
until any such audit is completed.
(b) Within 60 days after the date on which an audit
described in subsection (a) by an Inspector General is
completed, the Secretary, Attorney General, Administrator,
Director, or President, as appropriate, shall make the results
of the audit available to the public on the Internet website
maintained by the Department, Administration, Foundation, or
Corporation, respectively. The results shall be made available
in redacted form to exclude--
(1) any matter described in section 552(b) of title
5, United States Code; and
(2) sensitive personal information for any
individual, the public access to which could be used to
commit identity theft or for other inappropriate or
unlawful purposes.
(c) Any person awarded a grant or contract funded by
amounts appropriated by this Act shall submit a statement to
the Secretary of Commerce, the Attorney General, the
Administrator, Director, or President, as appropriate,
certifying that no funds derived from the grant or contract
will be made available through a subcontract or in any other
manner to another person who has a financial interest in the
person awarded the grant or contract.
(d) The provisions of the preceding subsections of this
section shall take effect 30 days after the date on which the
Director of the Office of Management and Budget, in
consultation with the Director of the Office of Government
Ethics, determines that a uniform set of rules and
requirements, substantially similar to the requirements in such
subsections, consistently apply under the executive branch
ethics program to all Federal departments, agencies, and
entities.
Sec. 514. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments of
Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined
for security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information Systems''
unless the agency has--
(1) reviewed the supply chain risk for the
information systems against criteria developed by NIST
and the Federal Bureau of Investigation (FBI) to inform
acquisition decisions for high-impact and moderate-
impact information systems within the Federal
Government;
(2) reviewed the supply chain risk from the
presumptive awardee against available and relevant
threat information provided by the FBI and other
appropriate agencies; and
(3) in consultation with the FBI or other
appropriate Federal entity, conducted an assessment of
any risk of cyber-espionage or sabotage associated with
the acquisition of such system, including any risk
associated with such system being produced,
manufactured, or assembled by one or more entities
identified by the United States Government as posing a
cyber threat, including but not limited to, those that
may be owned, directed, or subsidized by the People's
Republic of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or the Russian
Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate-impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST, the FBI,
and supply chain risk management experts, a mitigation
strategy for any identified risks;
(2) determined, in consultation with NIST and the
FBI, that the acquisition of such system is in the
national interest of the United States; and
(3) reported that determination to the Committees
on Appropriations of the House of Representatives and
the Senate and the agency Inspector General.
Sec. 515. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 516. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made
available under this Act or any other Act may be expended or
obligated by a department, agency, or instrumentality of the
United States to pay administrative expenses or to compensate
an officer or employee of the United States in connection with
requiring an export license for the export to Canada of
components, parts, accessories or attachments for firearms
listed in Category I, section 121.1 of title 22, Code of
Federal Regulations (International Trafficking in Arms
Regulations (ITAR), part 121, as it existed on April 1, 2005)
with a total value not exceeding $500 wholesale in any
transaction, provided that the conditions of subsection (b) of
this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export
license--
(1) does not exempt an exporter from filing any
Shipper's Export Declaration or notification letter
required by law, or from being otherwise eligible under
the laws of the United States to possess, ship,
transport, or export the articles enumerated in
subsection (a); and
(2) does not permit the export without a license
of--
(A) fully automatic firearms and components
and parts for such firearms, other than for end
use by the Federal Government, or a Provincial
or Municipal Government of Canada;
(B) barrels, cylinders, receivers (frames)
or complete breech mechanisms for any firearm
listed in Category I, other than for end use by
the Federal Government, or a Provincial or
Municipal Government of Canada; or
(C) articles for export from Canada to
another foreign destination.
(c) In accordance with this section, the District Directors
of Customs and postmasters shall permit the permanent or
temporary export without a license of any unclassified articles
specified in subsection (a) to Canada for end use in Canada or
return to the United States, or temporary import of Canadian-
origin items from Canada for end use in the United States or
return to Canada for a Canadian citizen.
(d) The President may require export licenses under this
section on a temporary basis if the President determines, upon
publication first in the Federal Register, that the Government
of Canada has implemented or maintained inadequate import
controls for the articles specified in subsection (a), such
that a significant diversion of such articles has and continues
to take place for use in international terrorism or in the
escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the
temporary requirements have ceased.
Sec. 517. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act
shall obligate or expend in any way such funds to pay
administrative expenses or the compensation of any officer or
employee of the United States to deny any application submitted
pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to
27 CFR section 478.112 or .113, for a permit to import United
States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 518. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade
agreement the text of--
(1) paragraph 2 of article 16.7 of the United
States-Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United
States-Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United
States-Morocco Free Trade Agreement.
Sec. 519. None of the funds made available in this Act may
be used to authorize or issue a national security letter in
contravention of any of the following laws authorizing the
Federal Bureau of Investigation to issue national security
letters: The Right to Financial Privacy Act of 1978; The
Electronic Communications Privacy Act of 1986; The Fair Credit
Reporting Act; The National Security Act of 1947; USA PATRIOT
Act; USA FREEDOM Act of 2015; and the laws amended by these
Acts.
Sec. 520. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling
more than $75,000,000 has reasonable cause to believe that the
total program cost has increased by 10 percent or more, the
program manager shall immediately inform the respective
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the House and Senate
Committees on Appropriations within 30 days in writing of such
increase, and shall include in such notice: the date on which
such determination was made; a statement of the reasons for
such increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in the
performance or schedule milestones and the degree to which such
changes have contributed to the increase in total program costs
or procurement costs; new estimates of the total project or
procurement costs; and a statement validating that the
project's management structure is adequate to control total
project or procurement costs.
Sec. 521. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for
intelligence or intelligence related activities are deemed to
be specifically authorized by the Congress for purposes of
section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2019 until the enactment of the
Intelligence Authorization Act for fiscal year 2019.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee
certifies in writing to the agency awarding the contract or
grant that, to the best of its knowledge and belief, the
contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification,
has not been convicted of a criminal offense under the Internal
Revenue Code of 1986, and has not, more than 90 days prior to
certification, been notified of any unpaid Federal tax
assessment for which the liability remains unsatisfied, unless
the assessment is the subject of an installment agreement or
offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial
proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the
following funds are hereby rescinded, not later than September
30, 2019, from the following accounts in the specified
amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Institute of Standards and
Technology, Industrial Technology Services'',
$2,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not later
than September 30, 2019, from the following accounts in the
specified amounts--
(1) ``Working Capital Fund'', $151,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $124,326,000 including from, but not
limited to, fees collected to defray expenses for the
automation of fingerprint identification and criminal
justice information services and associated costs;
(3) ``State and Local Law Enforcement Activities,
Office on Violence Against Women, Violence Against
Women Prevention and Prosecution Programs'',
$10,000,000;
(4) ``State and Local Law Enforcement Activities,
Office of Justice Programs'', $70,000,000;
(5) ``State and Local Law Enforcement Activities,
Community Oriented Policing Services'', $16,500,000;
and
(6) ``Legal Activities, Assets Forfeiture Fund'',
$674,000,000, is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to
the Committees on Appropriations of the House of
Representatives and the Senate a report no later than September
1, 2019, specifying the amount of each rescission made pursuant
to subsections (a) and (b).
(d) The amounts rescinded in subsections (a) and (b) shall
not be from amounts that were designated by the Congress as an
emergency or disaster relief requirement pursuant to the
concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 524. (a) Any unobligated balances identified in the
following Treasury Appropriation Fund Symbols are hereby
permanently cancelled: 80X0114; 80X0111; 80X0110; and 80X0112.
(b) Upon enactment of this Act:
(1) obligated balances in 80X0114 shall be
transferred to and merged with 80-0130, Construction
and Environmental Compliance and Restoration, and any
upward adjustments to such obligations may be made from
80-0130;
(2) obligated balances in 80X0111 shall be
transferred to and merged with 80-0122, Safety,
Security and Mission Services, 80-0115, Space Flight
Capabilities and 80-0130, Construction and
Environmental Compliance and Restoration, and any
upward adjustments to such obligations may be made from
80-0122, 80-0115 and 80-0130;
(3) obligated balances in 80X0110 shall be
transferred to and merged with 80-0130, Construction
and Environmental Compliance and Restoration, and any
upward adjustments to said obligations may be made from
80-0130; and
(4) obligated balances in 80X0112 shall be
transferred to and merged with 80-0122, Safety,
Security and Mission Services and 80-0130, Construction
and Environmental Compliance and Restoration, and any
upward adjustments to such obligations may be made from
80-0122 and 80-0130.
(c) Following the cancellation of unobligated balances and
transfer of obligated balances in 80X0114, 80X0111, 80X0110 and
80X0112, such accounts shall be closed. Any collections
authorized or required to be credited to these accounts that
are not received before closing of such accounts shall be
deposited in the Treasury as miscellaneous receipts.
Sec. 525. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in
contravention of sections 301-10.122 through 301-10.124 of
title 41 of the Code of Federal Regulations.
Sec. 526. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees from a Federal department or agency, who are
stationed in the United States, at any single conference
occurring outside the United States unless such conference is a
law enforcement training or operational conference for law
enforcement personnel and the majority of Federal employees in
attendance are law enforcement personnel stationed outside the
United States.
Sec. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer,
release, or assist in the transfer or release to or within the
United States, its territories, or possessions Khalid Sheikh
Mohammed or any other detainee who--
(1) is not a United States citizen or a member of
the Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at
the United States Naval Station, Guantanamo Bay, Cuba,
by the Department of Defense.
Sec. 528. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to
construct, acquire, or modify any facility in the United
States, its territories, or possessions to house any individual
described in subsection (c) for the purposes of detention or
imprisonment in the custody or under the effective control of
the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to
any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any
individual who, as of June 24, 2009, is located at United
States Naval Station, Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a
member of the Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective
control of the Department of Defense; or
(B) otherwise under detention at United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 529. The Director of the Office of Management and
Budget shall instruct any department, agency, or
instrumentality of the United States receiving funds
appropriated under this Act to track undisbursed balances in
expired grant accounts and include in its annual performance
plan and performance and accountability reports the following:
(1) Details on future action the department,
agency, or instrumentality will take to resolve
undisbursed balances in expired grant accounts.
(2) The method that the department, agency, or
instrumentality uses to track undisbursed balances in
expired grant accounts.
(3) Identification of undisbursed balances in
expired grant accounts that may be returned to the
Treasury of the United States.
(4) In the preceding 3 fiscal years, details on the
total number of expired grant accounts with undisbursed
balances (on the first day of each fiscal year) for the
department, agency, or instrumentality and the total
finances that have not been obligated to a specific
project remaining in the accounts.
Sec. 530. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space
Administration (NASA), the Office of Science and Technology
Policy (OSTP), or the National Space Council (NSC) to develop,
design, plan, promulgate, implement, or execute a bilateral
policy, program, order, or contract of any kind to participate,
collaborate, or coordinate bilaterally in any way with China or
any Chinese-owned company unless such activities are
specifically authorized by a law enacted after the date of
enactment of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at
facilities belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b)
shall not apply to activities which NASA, OSTP, or NSC, after
consultation with the Federal Bureau of Investigation, have
certified--
(1) pose no risk of resulting in the transfer of
technology, data, or other information with national
security or economic security implications to China or
a Chinese-owned company; and
(2) will not involve knowing interactions with
officials who have been determined by the United States
to have direct involvement with violations of human
rights.
(d) Any certification made under subsection (c) shall be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, and the Federal Bureau of
Investigation, no later than 30 days prior to the activity in
question and shall include a description of the purpose of the
activity, its agenda, its major participants, and its location
and timing.
Sec. 531. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any
model of shotgun if--
(1) all other requirements of law with respect to
the proposed importation are met; and
(2) no application for the importation of such
model of shotgun, in the same configuration, had been
denied by the Attorney General prior to January 1,
2011, on the basis that the shotgun was not
particularly suitable for or readily adaptable to
sporting purposes.
Sec. 532. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication, or other law
enforcement- or victim assistance-related activity.
Sec. 533. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and
the United States Trade Representative, the National Space
Council, and the State Justice Institute shall submit spending
plans, signed by the respective department or agency head, to
the Committees on Appropriations of the House of
Representatives and the Senate within 45 days after the date of
enactment of this Act.
Sec. 534. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the
Treaty.
Sec. 535. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for
contractor performance that has been judged to be below
satisfactory performance or for performance that does not meet
the basic requirements of a contract.
Sec. 536. None of the funds made available by this Act may
be used in contravention of section 7606 (``Legitimacy of
Industrial Hemp Research'') of the Agricultural Act of 2014
(Public Law 113-79) by the Department of Justice or the Drug
Enforcement Administration.
Sec. 537. None of the funds made available under this Act
to the Department of Justice may be used, with respect to any
of the States of Alabama, Alaska, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida, Georgia,
Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine,
Maryland, Massachusetts, Michigan, Minnesota, Mississippi,
Missouri, Montana, Nevada, New Hampshire, New Jersey, New
Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma,
Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee,
Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, and Wyoming, or with respect to the District of
Columbia, the Commonwealth of the Northern Mariana Islands,
Guam, or Puerto Rico, to prevent any of them from implementing
their own laws that authorize the use, distribution,
possession, or cultivation of medical marijuana.
Sec. 538. The Department of Commerce, the National
Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the
Senate on any official travel to China by any employee of such
Department or agency, including the purpose of such travel.
Sec. 539. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided,
respectively, for Public Works grants authorized by the Public
Works and Economic Development Act of 1965 and grants
authorized by section 27 of the Stevenson-Wydler Technology
Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for
assistance in persistent poverty counties: Provided, That for
purposes of this section, the term ``persistent poverty
counties'' means any county that has had 20 percent or more of
its population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates.
Sec. 540. None of the funds provided in this Act shall be
available for obligation for the James Webb Space Telescope
(JWST) after December 31, 2019, if the individual identified
under subsection (c)(2)(E) of section 30104 of title 51, United
States Code, as responsible for JWST determines that the
formulation and development costs (with development cost as
defined under section 30104 of title 51, United States Code)
are likely to exceed $8,802,700,000, unless the program is
modified so that the costs do not exceed $8,802,700,000.
Sec. 541. None of the funds made available by this Act may
be expended during fiscal year 2019 to prepare for the shutdown
of the Stratospheric Observatory for Infrared Astronomy.
This division may be cited as the ``Commerce, Justice,
Science, and Related Agencies Appropriations Act, 2019''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor vehicles;
maintenance, repairs, and improvements of, and purchase of
commercial insurance policies for, real properties leased or
owned overseas, when necessary for the performance of official
business; executive direction program activities; international
affairs and economic policy activities; domestic finance and
tax policy activities, including technical assistance to Puerto
Rico; and Treasury-wide management policies and programs
activities, $214,576,000: Provided, That of the amount
appropriated under this heading--
(1) not to exceed $700,000 is for official
reception and representation expenses, of which
necessary amounts shall be available for expenses to
support activities of the Financial Action Task Force,
and not to exceed $350,000 shall be for other official
reception and representation expenses;
(2) not to exceed $258,000 is for unforeseen
emergencies of a confidential nature to be allocated
and expended under the direction of the Secretary of
the Treasury and to be accounted for solely on the
Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain
available until September 30, 2020, for--
(A) the Treasury-wide Financial Statement
Audit and Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and
administration of the Gulf Coast Restoration
Trust Fund;
(D) the development and implementation of
programs within the Office of Critical
Infrastructure Protection and Compliance
Policy, including entering into cooperative
agreements;
(E) operations and maintenance of
facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators, money
launderers, drug kingpins, and other national security threats,
$159,000,000: Provided, That of the amounts appropriated under
this heading, up to $10,000,000 shall remain available until
September 30, 2020.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$25,208,000, to remain available until September 30, 2021:
Provided, That such funds shall supplement and not supplant any
other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That the Chief
Information Officer of the individual offices and bureaus shall
submit a spend plan for each investment to the Treasury Chief
Information Officer for approval: Provided further, That the
submitted spend plan shall be reviewed and approved by the
Treasury Chief Information Officer prior to the obligation of
funds under this heading: Provided further, That of the total
amount made available under this heading $1,000,000 shall be
available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments
made under this heading: Provided further, That such funds
shall supplement and not supplant any other amounts made
available to the Treasury Chief Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $4,000,000, to remain available until September 30,
2021: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority
shall be in addition to any other transfer authority provided
in this Act: Provided further, That none of the funds
appropriated under this heading shall be used to support or
supplement ``Internal Revenue Service, Operations Support'' or
``Internal Revenue Service, Business Systems Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $37,044,000, including hire of passenger motor vehicles;
of which not to exceed $100,000 shall be available for
unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2020, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist Opportunities,
and Revived Economies of the Gulf Coast States Act of 2012 (33
U.S.C. 1321 note); and of which not to exceed $1,000 shall be
available for official reception and representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be determined
by the Inspector General for Tax Administration; $170,250,000,
of which $5,000,000 shall remain available until September 30,
2020; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall
be available for unforeseen emergencies of a confidential
nature, to be allocated and expended under the direction of the
Inspector General for Tax Administration; and of which not to
exceed $1,500 shall be available for official reception and
representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $23,000,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by 5
U.S.C. 3109; not to exceed $12,000 for official reception and
representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement,
$117,800,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2021.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $338,280,000; of which not to exceed
$4,210,000, to remain available until September 30, 2021, is
for information systems modernization initiatives; and of which
$5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and personnel
expenses for financial management of the Fund, as authorized by
section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $119,600,000; of which not to exceed $6,000 for
official reception and representation expenses; and of which
not to exceed $50,000 shall be available for cooperative
research and development programs for laboratory services; and
provision of laboratory assistance to State and local agencies
with or without reimbursement: Provided, That of the amount
appropriated under this heading, $5,000,000 shall be for the
costs of accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2020, shall be for the costs
associated with enforcement of the trade practice provisions of
the Federal Alcohol Administration Act (27 U.S.C. 201 et seq.).
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvement Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $250,000,000. Of the amount appropriated under
this heading--
(1) not less than $160,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)) with regard to Small and/or Emerging Community
Development Financial Institutions Assistance awards,
is available until September 30, 2020, for financial
assistance and technical assistance under subparagraphs
(A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)),
of which up to $1,600,000 may be available for training
and outreach under section 109 of Public Law 103-325
(12 U.S.C. 4708), of which up to $2,527,250 may be used
for the cost of direct loans, and of which up to
$3,000,000, notwithstanding subsection (d) of section
108 of Public Law 103-325 (12 U.S.C. 4707 (d)), may be
available to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions to expand
investments that benefit individuals with disabilities:
Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds
are available to subsidize gross obligations for the
principal amount of direct loans not to exceed
$25,000,000;
(2) not less than $16,000,000, notwithstanding
section 108(e) of Public Law 103-325 (12 U.S.C.
4707(e)), is available until September 30, 2020, for
financial assistance, technical assistance, training,
and outreach programs designed to benefit Native
American, Native Hawaiian, and Alaska Native
communities and provided primarily through qualified
community development lender organizations with
experience and expertise in community development
banking and lending in Indian country, Native American
organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $25,000,000 is available until
September 30, 2020, for the Bank Enterprise Award
program;
(4) not less than $22,000,000, notwithstanding
subsections (d) and (e) of section 108 of Public Law
103-325 (12 U.S.C. 4707(d) and (e)), is available until
September 30, 2020, for a Healthy Food Financing
Initiative to provide financial assistance, technical
assistance, training, and outreach to community
development financial institutions for the purpose of
offering affordable financing and technical assistance
to expand the availability of healthy food options in
distressed communities;
(5) up to $27,000,000 is available until September
30, 2019, for administrative expenses, including
administration of CDFI fund programs and the New
Markets Tax Credit Program, of which not less than
$1,000,000 is for development of tools to better assess
and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out
the direct loan program; and
(6) during fiscal year 2019, none of the funds
available under this heading are available for the
cost, as defined in section 502 of the Congressional
Budget Act of 1974, of commitments to guarantee bonds
and notes under section 114A of the Riegle Community
Development and Regulatory Improvement Act of 1994 (12
U.S.C. 4713a): Provided, That commitments to guarantee
bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until December 31,
2019: Provided further, That of the funds awarded
under this heading, not less than 10 percent shall be
used for awards that support investments that serve
populations living in persistent poverty counties:
Provided further, That for the purposes of this
paragraph and paragraph (1) above, the term
``persistent poverty counties'' means any county that
has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990
and 2000 decennial censuses and the 2011-2015 5-year
data series available from the American Community
Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and
education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109, at
such rates as may be determined by the Commissioner,
$2,491,554,000, of which not less than $9,890,000 shall be for
the Tax Counseling for the Elderly Program, of which not less
than $12,000,000 shall be available for low-income taxpayer
clinic grants, of which not less than $18,000,000, to remain
available until September 30, 2020, shall be available for a
Community Volunteer Income Tax Assistance matching grants
program for tax return preparation assistance, and of which not
less than $207,000,000 shall be available for operating
expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service,
not less than $5,500,000 shall be for identity theft and refund
fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized by
5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2020,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage; physical
security; headquarters and other IRS-wide administration
activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of
the Internal Revenue Service Oversight Board; and other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner; $3,724,000,000, of which not
to exceed $50,000,000 shall remain available until September
30, 2020; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and
construction, repair and renovation of facilities; of which not
to exceed $1,000,000 shall remain available until September 30,
2021, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided, That
not later than 30 days after the end of each quarter, the
Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United States
detailing the cost and schedule performance for its major
information technology investments, including the purpose and
life-cycle stages of the investments; the reasons for any cost
and schedule variances; the risks of such investments and
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter:
Provided further, That the Internal Revenue Service shall
include, in its budget justification for fiscal year 2020, a
summary of cost and schedule performance information for its
major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $150,000,000, to remain
available until September 30, 2021, for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said acquisitions,
including related Internal Revenue Service labor costs, and
contractual costs associated with operations authorized by 5
U.S.C. 3109: Provided, That not later than 30 days after the
end of each quarter, the Internal Revenue Service shall submit
a report to the Committees on Appropriations of the House of
Representatives and the Senate and the Comptroller General of
the United States detailing the cost and schedule performance
for major information technology investments, including the
purposes and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and the strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the next
quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 4 percent of the appropriation
made available in this Act to the Internal Revenue Service
under the ``Enforcement'' heading, and not to exceed 5 percent
of any other appropriation made available in this Act to the
Internal Revenue Service, may be transferred to any other
Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with taxpayers,
cross-cultural relations, ethics, and the impartial application
of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority and
allocate resources necessary to enhance the response time to
taxpayer communications, particularly with regard to victims of
tax-related crimes.
Sec. 105. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice shall
be sent to both the employer's former and new address and an
officer or employee of the Internal Revenue Service shall give
special consideration to an offer-in-compromise from a taxpayer
who has been the victim of fraud by a third party payroll tax
preparer.
Sec. 106. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
Sec. 107. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 108. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures, verification
processes, documentation requirements, and policies issued by
the Chief Financial Officer, Human Capital Office, and Agency-
Wide Shared Services as a result of the recommendations in the
report published on May 31, 2013, by the Treasury Inspector
General for Tax Administration entitled ``Review of the August
2010 Small Business/Self-Employed Division's Conference in
Anaheim, California'' (Reference Number 2013-10-037).
Sec. 109. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a
bonus, award, or recognition program; or
(2) under any hiring or personnel selection process
with respect to re-hiring a former employee, unless
such program or process takes into account the conduct
and Federal tax compliance of such employee or former
employee.
Sec. 110. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 111. Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no funds
in this or any other Act shall be available to the Secretary of
the Treasury to provide to any person a proposed final return
or statement for use by such person to satisfy a filing or
reporting requirement under such Code.
Sec. 112. In addition to the amounts otherwise made
available in this Act for the Internal Revenue Service,
$77,000,000, to be available until September 30, 2020, shall be
transferred by the Commissioner to the ``Taxpayer Services'',
``Enforcement'', or ``Operations Support'' accounts of the
Internal Revenue Service for an additional amount to be used
solely for carrying out Public Law 115-97: Provided, That such
funds shall not be available until the Commissioner submits to
the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 113. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries; purchase
of motor vehicles without regard to the general purchase price
limitations for vehicles purchased and used overseas for the
current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical
services to employees and their dependents serving in foreign
countries; and services authorized by 5 U.S.C. 3109.
Sec. 114. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Inspector
General'', ``Special Inspector General for the Troubled Asset
Relief Program'', ``Financial Crimes Enforcement Network'',
``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco Tax
and Trade Bureau'' may be transferred between such
appropriations upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 115. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service may
be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate: Provided, That no transfer may increase or
decrease any such appropriation by more than 2 percent.
Sec. 116. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the $1
Federal Reserve note.
Sec. 117. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and Expenses''
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be
reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 118. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee on
Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used
to consolidate any or all functions of the Bureau of Engraving
and Printing and the United States Mint without the explicit
approval of the House Committee on Financial Services; the
Senate Committee on Banking, Housing, and Urban Affairs; and
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 120. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized by
the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2019
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 121. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 122. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations of
the Senate and the House of Representatives not later than 30
days following the submission of the annual budget submitted by
the President: Provided, That such Capital Investment Plan
shall include capital investment spending from all accounts
within the Department of the Treasury, including but not
limited to the Department-wide Systems and Capital Investment
Programs account, Treasury Franchise Fund account, and the
Treasury Forfeiture Fund account: Provided further, That such
Capital Investment Plan shall include expenditures occurring in
previous fiscal years for each capital investment project that
has not been fully completed.
Sec. 123. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of total
funds charged to each office by the Franchise Fund including
the amount charged for each service provided by the Franchise
Fund to each office, a detailed description of the services, a
detailed explanation of how each charge for each service is
calculated, and a description of the role customers have in
governing in the Franchise Fund.
Sec. 124. During fiscal year 2019--
(1) none of the funds made available in this or any
other Act may be used by the Department of the
Treasury, including the Internal Revenue Service, to
issue, revise, or finalize any regulation, revenue
ruling, or other guidance not limited to a particular
taxpayer relating to the standard which is used to
determine whether an organization is operated
exclusively for the promotion of social welfare for
purposes of section 501(c)(4) of the Internal Revenue
Code of 1986 (including the proposed regulations
published at 78 Fed. Reg. 71535 (November 29, 2013));
and
(2) the standard and definitions as in effect on
January 1, 2010, which are used to make such
determinations shall apply after the date of the
enactment of this Act for purposes of determining
status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 125. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities to
the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous
quarter by object class, office, and activity;
(2) the estimated obligations for the remainder of
the fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each
office during the previous quarter;
(4) the estimated number of full-time equivalents
within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives,
and performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to
testify on the contents of the reports required under
subsection (a).
Sec. 126. Amounts made available under the heading
``Office of Terrorism and Financial Intelligence'' shall be
available to reimburse the ``Departmental Offices--Salaries and
Expenses'' account for expenses incurred in such account for
reception and representation expenses to support activities of
the Financial Action Task Force.
Sec. 127. Beginning in fiscal year 2019 and for each
fiscal year thereafter, amounts in the Bureau of Engraving and
Printing Fund may be used for the acquisition of necessary land
for, and construction of, a replacement currency production
facility.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be expended
and accounted for as provided in that section; hire of
passenger motor vehicles, and travel (not to exceed $100,000 to
be expended and accounted for as provided by 3 U.S.C. 103); and
not to exceed $19,000 for official reception and representation
expenses, to be available for allocation within the Executive
Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this
paragraph: Provided further, That, notwithstanding any other
provision of law, such amount for reimbursable operating
expenses shall be the exclusive authority of the Executive
Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the
Executive Residence shall require each person sponsoring a
reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance
payments shall be credited to this account and remain available
until expended: Provided further, That the Executive Residence
shall require the national committee of the political party of
the President to maintain on deposit $25,000, to be separately
accounted for and available for expenses relating to
reimbursable political events sponsored by such committee
during such fiscal year: Provided further, That the Executive
Residence shall ensure that a written notice of any amount owed
for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after
such expense is incurred, and that such amount is collected
within 30 days after the submission of such notice: Provided
further, That the Executive Residence shall charge interest and
assess penalties and other charges on any such amount that is
not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C. 3717:
Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in
the Treasury as miscellaneous receipts: Provided further, That
the Executive Residence shall prepare and submit to the
Committees on Appropriations, by not later than 90 days after
the end of the fiscal year covered by this Act, a report
setting forth the reimbursable operating expenses of the
Executive Residence during the preceding fiscal year, including
the total amount of such expenses, the amount of such total
that consists of reimbursable official and ceremonial events,
the amount of such total that consists of reimbursable
political events, and the portion of each such amount that has
been reimbursed as of the date of the report: Provided
further, That the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or
nonpolitical: Provided further, That no provision of this
paragraph may be construed to exempt the Executive Residence
from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,000,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $100,000,000, of
which not to exceed $12,800,000 shall remain available until
expended for continued modernization of information resources
within the Executive Office of the President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in
accordance with section 1105(a) of title 31, United States
Code, $102,000,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That
none of the funds appropriated in this Act for the Office of
Management and Budget may be used for the purpose of reviewing
any agricultural marketing orders or any activities or
regulations under the provisions of the Agricultural Marketing
Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided
further, That none of the funds made available for the Office
of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management
and Budget, before the Committees on Appropriations or their
subcommittees: Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the annual work plan
developed by the Corps of Engineers for submission to the
Committees on Appropriations: Provided further, That of the
funds made available for the Office of Management and Budget by
this Act, no less than three full-time equivalent senior staff
position shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: Provided
further, That none of the funds provided in this or prior Acts
shall be used, directly or indirectly, by the Office of
Management and Budget, for evaluating or determining if water
resource project or study reports submitted by the Chief of
Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and
requirements relevant to the Civil Works water resource
planning process: Provided further, That the Office of
Management and Budget shall have not more than 60 days in which
to perform budgetary policy reviews of water resource matters
on which the Chief of Engineers has reported: Provided
further, That the Director of the Office of Management and
Budget shall notify the appropriate authorizing and
appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of
Management and Budget review period based on the notification
from the Director, Congress shall assume Office of Management
and Budget concurrence with the report and act accordingly.
In addition, $1,000,000 for the Office of Information and
Regulatory Affairs to hire additional personnel dedicated to
regulatory review and reforms: Provided, That these amounts
shall be in addition to any other amounts available for such
purpose: Provided further, That these funds may not be used to
backfill vacancies.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation in
joint projects or in the provision of services on matters of
mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas Program,
$280,000,000, to remain available until September 30, 2020, for
drug control activities consistent with the approved strategy
for each of the designated High Intensity Drug Trafficking
Areas (``HIDTAs''), of which not less than 51 percent shall be
transferred to State and local entities for drug control
activities and shall be obligated not later than 120 days after
enactment of this Act: Provided, That up to 49 percent may be
transferred to Federal agencies and departments in amounts
determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities: Provided further,
That, notwithstanding the requirements of Public Law 106-58,
any unexpended funds obligated prior to fiscal year 2017 may be
used for any other approved activities of that HIDTA, subject
to reprogramming requirements: Provided further, That each
HIDTA designated as of September 30, 2018, shall be funded at
not less than the fiscal year 2018 base level, unless the
Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for
changes to those levels based on clearly articulated priorities
and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That
the Director shall notify the Committees on Appropriations of
the initial allocation of fiscal year 2019 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this Act:
Provided further, That upon a determination that all or part of
the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $118,327,000, to remain available until
expended, which shall be available as follows: $100,000,000 for
the Drug-Free Communities Program, of which $2,000,000 shall be
made available as directed by section 4 of Public Law 107-82,
as amended by Public Law 109-469 (21 U.S.C. 1521 note);
$2,000,000 for drug court training and technical assistance;
$9,500,000 for anti-doping activities; $2,577,000 for the
United States membership dues to the World Anti-Doping Agency;
and $1,250,000 shall be made available as directed by section
1105 of Public Law 109-469; and $3,000,000, to remain available
until expended, shall be for activities authorized by section
103 of Public Law 114-198: Provided, That amounts made
available under this heading may be transferred to other
Federal departments and agencies to carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2020.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information technology
in the Federal Government, $28,500,000, to remain available
until expended: Provided, That the Director of the Office of
Management and Budget may transfer these funds to one or more
other agencies to carry out projects to meet these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses as
authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any department
or agency for expenses of carrying out such activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of Administration'',
``Special Assistance to the President'', and ``Official
Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the
President may designate in writing), may, with advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, transfer not to exceed 10
percent of any such appropriation to any other such
appropriation, to be merged with and available for the same
time and for the same purposes as the appropriation to which
transferred: Provided, That the amount of an appropriation
shall not be increased by more than 50 percent by such
transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or
``Official Residence of the Vice President'' without the
approval of the Vice President.
Sec. 202. (a) During fiscal year 2019, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or
memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of
such order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary
obligations and outlays as the result of such order or
memorandum, listed by Federal agency, for each year in
the 5-fiscal-year period beginning in fiscal year 2019;
and
(3) the impact on revenues of the Federal
Government as the result of such order or memorandum
over the 5-fiscal-year period beginning in fiscal year
2019.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2019 due to a national emergency, the
Director of the Office of Management and Budget may issue the
statement required by subsection (a) not later than 15 days
after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda estimated
to have a regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2019''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice may
approve, $84,703,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,999,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,016,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized by
law, $18,882,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief judge
and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized by
law, $5,144,383,000 (including the purchase of firearms and
ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for
furniture and furnishings related to new space alteration and
construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts of
the United States), bankruptcy judges, and justices and judges
retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $8,475,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and 3599,
and for the compensation and reimbursement of expenses of
persons furnishing investigative, expert, and other services
for such representations as authorized by law; the compensation
(in accordance with the maximums under 18 U.S.C. 3006A) and
reimbursement of expenses of attorneys appointed to assist the
court in criminal cases where the defendant has waived
representation by counsel; the compensation and reimbursement
of expenses of attorneys appointed to represent jurors in civil
actions for the protection of their employment, as authorized
by 28 U.S.C. 1875(d)(1); the compensation and reimbursement of
expenses of attorneys appointed under 18 U.S.C. 983(b)(1) in
connection with certain judicial civil forfeiture proceedings;
the compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,150,450,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$49,750,000, to remain available until expended: Provided,
That the compensation of land commissioners shall not exceed
the daily equivalent of the highest rate payable under 5 U.S.C.
5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing Federal
court operations, and the procurement, installation, and
maintenance of security systems and equipment for United States
courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $607,110,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for
administering the Judicial Facility Security Program consistent
with standards or guidelines agreed to by the Director of the
Administrative Office of the United States Courts and the
Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $92,413,000, of which not
to exceed $8,500 is authorized for official reception and
representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which
$1,800,000 shall remain available through September 30, 2020,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,953,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary in
this Act may be transferred between such appropriations, but no
such appropriation, except ``Courts of Appeals, District
Courts, and Other Judicial Services, Defender Services'' and
``Courts of Appeals, District Courts, and Other Judicial
Services, Fees of Jurors and Commissioners'', shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under sections 604 and 608
of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth
in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses of
the Judicial Conference of the United States: Provided, That
such available funds shall not exceed $11,000 and shall be
administered by the Director of the Administrative Office of
the United States Courts in the capacity as Secretary of the
Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for ``executive''
each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of the
Administrative Office of the United States Courts, for purposes
of a pilot program, the security services that 40 U.S.C. 1315
authorizes the Department of Homeland Security to provide,
except for the services specified in 40 U.S.C. 1315(b)(2)(E).
For building-specific security services at these courthouses,
the Director of the Administrative Office of the United States
Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the
District of Kansas), by striking ``27 years and 6
months'' and inserting ``28 years and 6 months''; and
(2) in the sixth sentence (relating to the District
of Hawaii), by striking ``24 years and 6 months'' and
inserting ``25 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the
second sentence (relating to the eastern District of Missouri)
by striking ``25 years and 6 months'' and inserting ``26 years
and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``16 years''
and inserting ``17 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``15 years and 6
months'' and inserting ``16 years and 6 months''; and
(3) in the third sentence (relating to the western
district of North Carolina), by striking ``14 years''
and inserting ``15 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2019''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until
expended: Provided, That such funds, including any interest
accrued thereon, may be used on behalf of eligible District of
Columbia residents to pay an amount based upon the difference
between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each
year at eligible private institutions of higher education:
Provided further, That the awarding of such funds may be
prioritized on the basis of a resident's academic merit, the
income and need of eligible students and such other factors as
may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the
Federal funds appropriated to the Program in this Act and any
subsequent appropriations, any unobligated balances from prior
fiscal years, and any interest earned in this or any fiscal
year: Provided further, That the account shall be under the
control of the District of Columbia Chief Financial Officer,
who shall use those funds solely for the purposes of carrying
out the Resident Tuition Support Program: Provided further,
That the Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds
showing, by object class, the expenditures made and the purpose
therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $12,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or attacks
in the District of Columbia or surrounding jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $258,394,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,594,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the District
of Columbia, $124,400,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the
District of Columbia Court System, $74,400,000, of which not to
exceed $2,500 is for official reception and representation
expenses; and $45,000,000, to remain available until September
30, 2020, for capital improvements for District of Columbia
courthouse facilities: Provided, That funds made available for
capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities
condition assessment: Provided further, That, in addition to
the amounts appropriated herein, fees received by the District
of Columbia Courts for administering bar examinations and
processing District of Columbia bar admissions may be retained
and credited to this appropriation, to remain available until
expended, for salaries and expenses associated with such
activities, notwithstanding section 450 of the District of
Columbia Home Rule Act (D.C. Official Code, sec. 1-204.50):
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That 30 days after providing written notice to the
Committees on Appropriations of the House of Representatives
and the Senate, the District of Columbia Courts may reallocate
not more than $9,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That the Joint Committee on Judicial
Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set
forth in subchapter II of chapter 35 of title 5, United States
Code, for employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice Act),
payments for counsel appointed in proceedings in the Family
Court of the Superior Court of the District of Columbia under
chapter 23 of title 16, D.C. Official Code, or pursuant to
contractual agreements to provide guardian ad litem
representation, training, technical assistance, and such other
services as are necessary to improve the quality of guardian ad
litem representation, payments for counsel appointed in
adoption proceedings under chapter 3 of title 16, D.C. Official
Code, and payments authorized under section 21-2060, D.C.
Official Code (relating to services provided under the District
of Columbia Guardianship, Protective Proceedings, and Durable
Power of Attorney Act of 1986), $46,005,000, to remain
available until expended: Provided, That not more than
$20,000,000 in unobligated funds provided in this account may
be transferred to and merged with funds made available under
the heading ``Federal Payment to the District of Columbia
Courts,'' to be available for the same period and purposes as
funds made available under that heading for capital
improvements to District of Columbia courthouse facilities:
Provided further, That funds provided under this heading shall
be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further,
That, notwithstanding any other provision of law, this
appropriation shall be apportioned quarterly by the Office of
Management and Budget and obligated and expended in the same
manner as funds appropriated for expenses of other Federal
agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as authorized
by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $256,724,000, of which not to exceed
$2,000 is for official reception and representation expenses
related to Community Supervision and Pretrial Services Agency
programs, and of which not to exceed $25,000 is for dues and
assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision
Act of 2002: Provided, That, of the funds appropriated under
this heading, $183,166,000 shall be for necessary expenses of
Community Supervision and Sex Offender Registration, to include
expenses relating to the supervision of adults subject to
protection orders or the provision of services for or related
to such persons, of which $5,919,000 shall remain available
until September 30, 2021 for costs associated with relocation
under a replacement lease for headquarters offices, field
offices, and related facilities: Provided further, That, of
the funds appropriated under this heading, $73,558,000 shall be
available to the Pretrial Services Agency, of which $7,304,000
shall remain available until September 30, 2021 for costs
associated with relocation under a replacement lease for
headquarters offices, field offices, and related facilities:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of other Federal agencies: Provided
further, That amounts under this heading may be used for
programmatic incentives for defendants to successfully complete
their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization
and Self-Government Improvement Act of 1997, $45,858,000, of
which $4,471,000 shall remain available until September 30,
2021 for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated
and expended in the same manner as funds appropriated for
salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal and
local criminal justice resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2020, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the Scholarships
for Opportunity and Results Act (division C of Public Law 112-
10): Provided, That, to the extent that funds are available
for opportunity scholarships and following the priorities
included in section 3006 of such Act, the Secretary of
Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10;
125 Stat. 211) including students who were not offered a
scholarship during any previous school year: Provided further,
That within funds provided for opportunity scholarships up to
$1,200,000 shall be for the activities specified in sections
3007(b) through 3007(d) of the Act and up to $500,000 shall be
for the activities specified in section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$3,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``part a--summary of
expenses'' and at the rate set forth under such heading, as
included in the Fiscal Year 2019 Budget Request Act of 2018
submitted to Congress by the District of Columbia, as amended
as of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as provided
in section 450A of the District of Columbia Home Rule Act
(section 1-204.50a, D.C. Official Code), sections 816 and 817
of the Financial Services and General Government Appropriations
Act, 2009 (secs. 47-369.01 and 47-369.02, D.C. Official Code),
and provisions of this Act, the total amount appropriated in
this Act for operating expenses for the District of Columbia
for fiscal year 2019 under this heading shall not exceed the
estimates included in the Fiscal Year 2019 Budget Request Act
of 2018 submitted to Congress by the District of Columbia, as
amended as of the date of enactment of this Act or the sum of
the total revenues of the District of Columbia for such fiscal
year: Provided further, That the amount appropriated may be
increased by proceeds of one-time transactions, which are
expended for emergency or unanticipated operating or capital
needs: Provided further, That such increases shall be approved
by enactment of local District law and shall comply with all
reserve requirements contained in the District of Columbia Home
Rule Act: Provided further, That the Chief Financial Officer
of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial
Officer of the appropriations and funds made available to the
District during fiscal year 2019, except that the Chief
Financial Officer may not reprogram for operating expenses any
funds derived from bonds, notes, or other obligations issued
for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $8,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent match
for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2019''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2020, of
which not to exceed $1,000 is for official reception and
representation expenses.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District of
Columbia and elsewhere, $268,000,000, including not to exceed
$3,000 for official reception and representation expenses, and
not to exceed $25,000 for the expenses for consultations and
meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $50,000,000,
to remain available until September 30, 2020, shall be for the
purchase of information technology and of which not less than
$3,000,000 shall be for expenses of the Office of the Inspector
General: Provided, That notwithstanding the limitations in 31
U.S.C. 1553, amounts provided under this heading are available
for the liquidation of obligations equal to current year
payments on leases entered into prior to the date of enactment
of this Act: Provided further, That for the purpose of
recording and liquidating any lease obligations that should
have been recorded and liquidated against accounts closed
pursuant to 31 U.S.C. 1552, and consistent with the preceding
proviso, such amounts shall be transferred to and recorded in a
no-year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $127,000,000, of which
$800,000 shall remain available until expended to carry out the
program, including administrative costs, required by section
1405 of the Virginia Graeme Baker Pool and Spa Safety Act
(Public Law 110-140; 15 U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts
made available by this Act may be used to finalize or implement
the Safety Standard for Recreational Off-Highway Vehicles
published by the Consumer Product Safety Commission in the
Federal Register on November 19, 2014 (79 Fed. Reg. 68964)
until after--
(1) the National Academy of Sciences, in
consultation with the National Highway Traffic Safety
Administration and the Department of Defense, completes
a study to determine--
(A) the technical validity of the lateral
stability and vehicle handling requirements
proposed by such standard for purposes of
reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as
``ROV'') rollovers in the off-road environment,
including the repeatability and reproducibility
of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would
be prevented if the proposed requirements were
adopted;
(C) whether there is a technical basis for
the proposal to provide information on a point-
of-sale hangtag about a ROV's rollover
resistance on a progressive scale; and
(D) the effect on the utility of ROVs used
by the United States military if the proposed
requirements were adopted; and
(2) a report containing the results of the study
completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Energy and Commerce of
the House of Representatives;
(C) the Committee on Appropriations of the
Senate; and
(D) the Committee on Appropriations of the
House of Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $9,200,000, of which
$1,250,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special counsel
fees; and services as authorized by 5 U.S.C. 3109,
$339,000,000, to remain available until expended: Provided,
That $339,000,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2019 so as to result in a final fiscal year 2019
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $339,000,000 in
fiscal year 2019 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2018, shall not be available for obligation:
Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B),
proceeds from the use of a competitive bidding system that may
be retained and made available for obligation shall not exceed
$130,284,000 for fiscal year 2019: Provided further, That, of
the amount appropriated under this heading, not less than
$11,064,000 shall be for the salaries and expenses of the
Office of Inspector General.
administrative provision--federal communications commission
Sec. 510. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $42,982,000, to be derived from the Deposit Insurance
Fund or, only when appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per diem
in lieu of subsistence as authorized by law (5 U.S.C. 5703) for
persons employed intermittently in the Government service, and
compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management
relations conferences shall be credited to and merged with this
account, to be available without further appropriation for the
costs of carrying out these conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; and not to exceed $2,000 for
official reception and representation expenses, $309,700,000,
to remain available until expended: Provided, That not to
exceed $300,000 shall be available for use to contract with a
person or persons for collection services in accordance with
the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed
$136,000,000 of offsetting collections derived from fees
collected for premerger notification filings under the Hart-
Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C.
18a), regardless of the year of collection, shall be retained
and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of
law, not to exceed $17,000,000 in offsetting collections
derived from fees sufficient to implement and enforce the
Telemarketing Sales Rule, promulgated under the Telemarketing
and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et
seq.), shall be credited to this account, and be retained and
used for necessary expenses in this appropriation: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as such offsetting collections are received
during fiscal year 2019, so as to result in a final fiscal year
2019 appropriation from the general fund estimated at not more
than $156,700,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities not
otherwise provided for, including operation, maintenance, and
protection of federally owned and leased buildings; rental of
buildings in the District of Columbia; restoration of leased
premises; moving governmental agencies (including space
adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of
space; contractual services incident to cleaning or servicing
buildings, and moving; repair and alteration of federally owned
buildings, including grounds, approaches, and appurtenances;
care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites
by purchase, condemnation, or as otherwise authorized by law;
acquisition of options to purchase buildings and sites;
conversion and extension of federally owned buildings;
preliminary planning and design of projects by contract or
otherwise; construction of new buildings (including equipment
for such buildings); and payment of principal, interest, and
any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate
amount of $9,285,082,000, of which--
(1) $958,900,000 shall remain available until
expended for construction and acquisition (including
funds for sites and expenses, and associated design and
construction services) as follows:
(A) $767,900,000 shall be for the
Department of Transportation Lease Purchase
Option, Washington, District of Columbia;
(B) $191,000,000 shall be for the Calexico
West Land Port of Entry, Calexico, California:
Provided, That each of the foregoing limits of costs
on new construction and acquisition projects may be
exceeded to the extent that savings are effected in
other such projects, but not to exceed 10 percent of
the amounts included in a transmitted prospectus, if
required, unless advance approval is obtained from the
Committees on Appropriations of a greater amount;
(2) $663,219,000 shall remain available until
expended for repairs and alterations, including
associated design and construction services, of which--
(A) $276,837,000 is for Major Repairs and
Alterations;
(B) $356,382,000 is for Basic Repairs and
Alterations; and
(C) $30,000,000 is for Special Emphasis
Programs for Fire and Life Safety:
Provided, That funds made available in this or any
previous Act in the Federal Buildings Fund for Repairs
and Alterations shall, for prospectus projects, be
limited to the amount identified for each project,
except each project in this or any previous Act may be
increased by an amount not to exceed 10 percent unless
advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further,
That additional projects for which prospectuses have
been fully approved may be funded under this category
only if advance approval is obtained from the
Committees on Appropriations: Provided further, That
the amounts provided in this or any prior Act for
``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to
buildings necessary to meet the minimum standards for
security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate:
Provided further, That the difference between the funds
appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and
Alterations'', may be transferred to Basic Repairs and
Alterations or used to fund authorized increases in
prospectus projects: Provided further, That the amount
provided in this or any prior Act for Basic Repairs and
Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,418,845,000 for rental of space to remain
available until expended; and
(4) $2,244,118,000 for building operations to
remain available until expended: Provided, That the
total amount of funds made available from this Fund to
the General Services Administration shall not be
available for expenses of any construction, repair,
alteration and acquisition project for which a
prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be
expended for each project for required expenses for the
development of a proposed prospectus: Provided
further, That funds available in the Federal Buildings
Fund may be expended for emergency repairs when advance
approval is obtained from the Committees on
Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to
other agencies under 40 U.S.C. 592(b)(2) and amounts to
provide such reimbursable fencing, lighting, guard
booths, and other facilities on private or other
property not in Government ownership or control as may
be appropriate to enable the United States Secret
Service to perform its protective functions pursuant to
18 U.S.C. 3056, shall be available from such revenues
and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund
during fiscal year 2019, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act
shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations
Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor
vehicles, information technology management, and related
technology activities; and services as authorized by 5 U.S.C.
3109; $60,000,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and
donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which $26,890,000 is for Real and Personal
Property Management and Disposal; $22,550,000 is for the Office
of the Administrator, of which not to exceed $7,500 is for
official reception and representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen Government
property: Provided further, That not to exceed $2,500 shall be
available for awards to employees of other Federal agencies and
private citizens in recognition of efforts and initiatives
resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfer of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and 44
U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the previous
amount may be transferred to Federal agencies to carry out the
purpose of the Federal Citizen Services Fund: Provided
further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until
expended for necessary expenses of Federal Citizen Services and
other activities that enable the Federal Government to enhance
its ability to conduct activities electronically in the
aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2019 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts:
Provided further, That the transfer authorities provided herein
shall be in addition to any other transfer authority provided
in this Act.
technology modernization fund
For the Technology Modernization Fund, $25,000,000, to
remain available until expended, for technology-related
modernization activities.
asset proceeds and space management fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $25,000,000, to
be deposited into the Asset Proceeds and Space Management Fund,
to remain available until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-8(d),
$6,070,000, to remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2019 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2020 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of the
United States, and the Office of Management and Budget; (2)
reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed, replaced,
or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service
usually provided through the Federal Buildings Fund, to any
agency that does not pay the rate per square foot assessment
for space and services as determined by the General Services
Administration in consideration of the Public Buildings
Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of Revenue,
claims against the Government of less than $250,000 arising
from direct construction projects and acquisition of buildings
may be liquidated from savings effected in other construction
projects with prior notification to the Committees on
Appropriations of the House of Representatives and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease authority
pursuant to a prospectus transmitted to Congress by the
Administrator of the General Services Administration under 40
U.S.C. 3307, the Administrator shall ensure that the delineated
area of procurement is identical to the delineated area
included in the prospectus for all lease agreements, except
that, if the Administrator determines that the delineated area
of the procurement should not be identical to the delineated
area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of
Representatives and the Senate prior to exercising any lease
authority provided in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be undertaken
to the Committees on Appropriations of the House of
Representatives and the Senate not later than 60 days after the
date of enactment of this Act.
Sec. 527. The Administrator of General Services shall
submit a report to the Committees on Appropriations of the
Senate and House of Representatives not later than 30 days
following implementation of the initiative established under
(c)(2) of Section 846 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 41 U.S.C. 1901 note)
containing a market analysis and an implementation strategy
related to the requirements under subparagraph (h) of Section
846. The report shall address strategies and processes for
proper government safeguards to data management and privacy for
incorporation into the implementation of Section 846 to ensure
a competitive environment.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note),
including services as authorized by 5 U.S.C. 3109, rental of
conference rooms in the District of Columbia and elsewhere,
hire of passenger motor vehicles, direct procurement of survey
printing, and not to exceed $2,000 for official reception and
representation expenses, $44,490,000, to remain available until
September 30, 2020, and in addition not to exceed $2,345,000,
to remain available until September 30, 2020, for
administrative expenses to adjudicate retirement appeals to be
transferred from the Civil Service Retirement and Disability
Fund in amounts determined by the Merit Systems Protection
Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,875,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That of the total amount made available under this heading
$200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain available
until expended, for audits and investigations of the Morris K.
Udall and Stewart L. Udall Foundation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary for
the review and declassification of documents, the activities of
the Public Interest Declassification Board, the operations and
maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning, $373,000,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Reform
Act of 2008, Public Law 110-409, 122 Stat. 4302-16 (2008), and
the Inspector General Act of 1978 (5 U.S.C. App.), and for the
hire of passenger motor vehicles, $4,823,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44 U.S.C.
2504, $6,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2020, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading on
Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and
representation expenses, $17,019,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on a
fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953, as
amended; and payment of per diem and/or subsistence allowances
to employees where Voting Rights Act activities require an
employee to remain overnight at his or her post of duty,
$132,172,000: Provided, That of the total amount made
available under this heading, not to exceed $14,000,000 shall
remain available until September 30, 2020, for information
technology infrastructure modernization and Trust Fund Federal
Financial System migration or modernization, and shall be in
addition to funds otherwise made available for such purposes:
Provided further, That of the total amount made available under
this heading, $639,018 may be made available for strengthening
the capacity and capabilities of the acquisition workforce (as
defined by the Office of Federal Procurement Policy Act, as
amended (41 U.S.C. 4001 et seq.)), including the recruitment,
hiring, training, and retention of such workforce and
information technology in support of acquisition workforce
effectiveness or for management solutions to improve
acquisition management; and in addition $133,483,000 for
administrative expenses, to be transferred from the appropriate
trust funds of OPM without regard to other statutes, including
direct procurement of printed materials, for the retirement and
insurance programs: Provided further, That the provisions of
this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5,
United States Code: Provided further, That no part of this
appropriation shall be available for salaries and expenses of
the Legal Examining Unit of OPM established pursuant to
Executive Order No. 9358 of July 1, 1943, or any successor unit
of like purpose: Provided further, That the President's
Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year
2019, accept donations of money, property, and personal
services: Provided further, That such donations, including
those from prior years, may be used for the development of
publicity materials to provide information about the White
House Fellows, except that no such donations shall be accepted
for travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, including services as authorized by 5 U.S.C. 3109, hire
of passenger motor vehicles, $5,000,000, and in addition, not
to exceed $25,265,000 for administrative expenses to audit,
investigate, and provide other oversight of the Office of
Personnel Management's retirement and insurance programs, to be
transferred from the appropriate trust funds of the Office of
Personnel Management, as determined by the Inspector General:
Provided, That the Inspector General is authorized to rent
conference rooms in the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law 101-
12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as authorized
by 5 U.S.C. 3109, payment of fees and expenses for witnesses,
rental of conference rooms in the District of Columbia and
elsewhere, and hire of passenger motor vehicles; $26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109-435), $15,200,000, to be
derived by transfer from the Postal Service Fund and expended
as authorized by section 603(a) of such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $5,000,000, to remain available until September
30, 2020.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the
District of Columbia and elsewhere, and not to exceed $3,500
for official reception and representation expenses,
$1,674,902,000, to remain available until expended; of which
not less than $15,206,000 shall be for the Office of Inspector
General; of which not to exceed $75,000 shall be available for
a permanent secretariat for the International Organization of
Securities Commissions; and of which not to exceed $100,000
shall be available for expenses for consultations and meetings
hosted by the Commission with foreign governmental and other
regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses
to include necessary logistic and administrative expenses and
the expenses of Commission staff and foreign invitees in
attendance including: (1) incidental expenses such as meals;
(2) travel and transportation; and (3) related lodging or
subsistence; and of which not less than $75,081,000 shall be
for the Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities, not to exceed
$37,189,000, to remain available until expended: Provided,
That for purposes of calculating the fee rate under section
31(j) of the Securities Exchange Act of 1934 (15 U.S.C.
78ee(j)) for fiscal year 2019, all amounts appropriated under
this heading shall be deemed to be the regular appropriation to
the Commission for fiscal year 2019: Provided further, That
fees and charges authorized by section 31 of the Securities
Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this
account as offsetting collections: Provided further, That not
to exceed $1,674,902,000 of such offsetting collections shall
be available until expended for necessary expenses of this
account and not to exceed $37,189,000 of such offsetting
collections shall be available until expended for costs under
this heading associated with relocation under a replacement
lease for the Commission's New York regional office facilities:
Provided further, That the total amount appropriated under
this heading from the general fund for fiscal year 2019 shall
be reduced as such offsetting fees are received so as to result
in a final total fiscal year 2019 appropriation from the
general fund estimated at not more than $0: Provided further,
That if any amount of the appropriation for costs associated
with relocation under a replacement lease for the Commission's
New York regional office facilities is subsequently de-
obligated by the Commission, such amount that was derived from
the general fund shall be returned to the general fund, and
such amounts that were derived from fees or assessments
collected for such purpose shall be paid to each national
securities exchange and national securities association,
respectively, in proportion to any fees or assessments paid by
such national securities exchange or national securities
association under section 31 of the Securities Exchange Act of
1934 (15 U.S.C. 78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31 U.S.C.
1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That
none of the funds appropriated by this Act may be expended for
or in connection with the induction of any person into the
Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of title
31, United States Code, and not to exceed $3,500 for official
reception and representation expenses, $267,500,000, of which
not less than $12,000,000 shall be available for examinations,
reviews, and other lender oversight activities: Provided, That
the Administrator is authorized to charge fees to cover the
cost of publications developed by the Small Business
Administration, and certain loan program activities, including
fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302,
revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying
out these purposes without further appropriations: Provided
further, That the Small Business Administration may accept
gifts in an amount not to exceed $4,000,000 and may co-sponsor
activities, each in accordance with section 132(a) of division
K of Public Law 108-447, during fiscal year 2019: Provided
further, That $6,100,000 shall be available for the Loan
Modernization and Accounting System, to be available until
September 30, 2020: Provided further, That $3,000,000 shall be
for the Federal and State Technology Partnership Program under
section 34 of the Small Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $247,700,000,
to remain available until September 30, 2020: Provided, That
$131,000,000 shall be available to fund grants for performance
in fiscal year 2019 or fiscal year 2020 as authorized by
section 21 of the Small Business Act: Provided further, That
$31,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15
U.S.C. 636(m)(4)) by intermediaries that make microloans under
the microloan program: Provided further, That $18,000,000
shall be available for grants to States to carry out export
programs that assist small business concerns authorized under
section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of
1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain available
until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain
available until expended: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided
further, That subject to section 502 of the Congressional
Budget Act of 1974, during fiscal year 2019 commitments to
guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2019 commitments for
general business loans authorized under section 7(a) of the
Small Business Act shall not exceed $30,000,000,000 for a
combination of amortizing term loans and the aggregated maximum
line of credit provided by revolving loans: Provided further,
That during fiscal year 2019 commitments for loans authorized
under subparagraph (C) of section 502(7) of The Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2019
commitments to guarantee loans for debentures under section
303(b) of the Small Business Investment Act of 1958 shall not
exceed $4,000,000,000: Provided further, That during fiscal
year 2019, guarantees of trust certificates authorized by
section 5(g) of the Small Business Act shall not exceed a
principal amount of $12,000,000,000. In addition, for
administrative expenses to carry out the direct and guaranteed
loan programs, $155,150,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan
program authorized by section 7(b) of the Small Business Act,
$10,000,000, to be available until expended, of which
$1,000,000 is for the Office of Inspector General of the Small
Business Administration for audits and reviews of disaster
loans and the disaster loan programs and shall be transferred
to and merged with the appropriations for the Office of
Inspector General; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may
be transferred to and merged with the appropriations for
Salaries and Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred between
such appropriations, but no such appropriation shall be
increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall be
treated as a reprogramming of funds under section 608 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 531. Of the unobligated balances from prior year
appropriations available under the ``Business Loans Program
Account'' heading for the Certified Development Company
Program, $50,000,000 are hereby permanently rescinded:
Provided, That no amounts may be rescinded under this section
from amounts that were designated by the Congress as an
emergency requirement pursuant to a concurrent resolution on
the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
Sec. 532. Section 12085 of Public Law 110-246 is repealed.
Sec. 533. Not to exceed 3 percent of any appropriation
made available in this Act for the Small Business
Administration under the headings ``Salaries and Expenses'' and
``Business Loans Program Account'' may be transferred to the
Administration's information technology system modernization
and working capital fund (IT WCF), as authorized by section
1077(b)(1) of title X of division A of the National Defense
Authorization Act for Fiscal Year 2018, for the purposes
specified in section 1077(b)(3) of such Act, upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That amounts
transferred to the IT WCF under this section shall remain
available for obligation through September 30, 2022.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code,
$55,235,000: Provided, That mail for overseas voting and mail
for the blind shall continue to be free: Provided further,
That 6-day delivery and rural delivery of mail shall continue
at not less than the 1983 level: Provided further, That none
of the funds made available to the Postal Service by this Act
shall be used to implement any rule, regulation, or policy of
charging any officer or employee of any State or local child
support enforcement agency, or any individual participating in
a State or local program of child support enforcement, a fee
for information requested or provided concerning an address of
a postal customer: Provided further, That none of the funds
provided in this Act shall be used to consolidate or close
small rural and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $250,000,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(b)(3) of
the Postal Accountability and Enhancement Act (Public Law 109-
435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,515,000, of
which $500,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid upon
the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless
expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those contracts
where such expenditures are a matter of public record and
available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary of
any Government employee where funding an activity or paying a
salary to a Government employee would result in a decision,
determination, rule, regulation, or policy that would prohibit
the enforcement of section 307 of the Tariff Act of 1930 (19
U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83
of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any person
or entity that has been convicted of violating chapter 83 of
title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in
fiscal year 2019, or provided from any accounts in the Treasury
derived by the collection of fees and available to the agencies
funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
a new program; (2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project, or
activity for which funds have been denied or restricted by the
Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5)
augments existing programs, projects, or activities in excess
of $5,000,000 or 10 percent, whichever is less; (6) reduces
existing programs, projects, or activities by $5,000,000 or 10
percent, whichever is less; or (7) creates or reorganizes
offices, programs, or activities unless prior approval is
received from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization, restructuring, relocation, or
closing of offices, programs, or activities, each agency or
entity funded in this Act shall consult with the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for
each appropriation both by object class and program, project,
and activity as detailed in the budget appendix for the
respective appropriation; and (3) an identification of items of
special congressional interest: Provided further, That the
amount appropriated or limited for salaries and expenses for an
agency shall be reduced by $100,000 per day for each day after
the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2019 from appropriations
made available for salaries and expenses for fiscal year 2019
in this Act, shall remain available through September 30, 2020,
for each such account for the purposes authorized: Provided,
That a request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on
any individual from the Federal Bureau of
Investigation; or
(2) a determination with respect to the treatment
of an organization as described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from
taxation under section 501(a) of such Code from the
Department of the Treasury or the Internal Revenue
Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background
investigation report, if such individual has given
express written consent for such request not more than
6 months prior to the date of such request and during
the same presidential administration; or
(2) if such request is required due to
extraordinary circumstances involving national
security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the nonforeign
area cost-of-living allowance program, the Office of Personnel
Management may accept and utilize (without regard to any
restriction on unanticipated travel expenses imposed in an
Appropriations Act) funds made available to the Office of
Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an act
of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code (popularly
known as the Buy American Act), shall not apply to the
acquisition by the Federal Government of information technology
(as defined in section 11101 of title 40, United States Code),
that is a commercial item (as defined in section 103 of title
41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling an
officer or employee to attend and participate in any meeting or
similar function relating to the official duties of the officer
or employee when the entity offering payment or reimbursement
is a person or entity subject to regulation by such agency or
commission, or represents a person or entity subject to
regulation by such agency or commission, unless the person or
entity is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission and
the Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory
issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the General
Services Administration before issuing a solicitation for
offers of new leases or construction contracts, and in the case
of succeeding leases, before entering into negotiations with
the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so during any period declared by the
President to require emergency leasing authority with respect
to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund
(28 U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund
(28 U.S.C. 376(c)); and
(C) the United States Court of Federal
Claims Judges' Retirement Fund (28 U.S.C.
178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of
retired employees, as authorized by chapter 89
of title 5, United States Code, and the Retired
Federal Employees Health Benefits Act (74 Stat.
849); and
(B) with respect to the life insurance
benefits for employees retiring after December
31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of
new and increased annuity benefits under the Civil
Service Retirement and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from
the Civil Service Retirement and Disability Fund by
statutory provisions other than subchapter III of
chapter 83 or chapter 84 of title 5, United States
Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. In addition to amounts made available in prior
fiscal years, the Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an aggregate
amount not exceeding the amount of funds collected by the Board
between January 1, 2018 and December 31, 2018, including
accrued interest, as a result of the assessment of monetary
penalties. Funds available for obligation in fiscal year 2019
shall remain available until expended. Beginning in fiscal year
2020 and for each fiscal year thereafter, monetary penalties
collected pursuant to 15 U.S.C. 7215 shall be deposited in the
Public Company Accounting Oversight Board account as
discretionary offsetting receipts.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency
Working Group on Food Marketed to Children complies with
Executive Order No. 13563.
Sec. 622. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the date
of the award of the contract, are being conducted by that
contractor.
Sec. 623. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the Office
of Management and Budget, in such manner as specified by, or
approved by, the Chief Information Officer of the agency in
consultation with the Chief Financial Officer of the agency and
budget officials.
Sec. 624. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44,
United States Code.
Sec. 625. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by a
provider of electronic communication service to the public or
remote computing service of the contents of a wire or
electronic communication that is in electronic storage with the
provider (as such terms are defined in sections 2510 and 2711
of title 18, United States Code) in a manner that violates the
Fourth Amendment to the Constitution of the United States.
Sec. 626. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible
telecommunications carriers in a way that is inconsistent with
paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code
of Federal Regulations, as in effect on July 15, 2015:
Provided, That this section shall not prohibit the Commission
from considering, developing, or adopting other support
mechanisms as an alternative to Mobility Fund Phase II.
Sec. 627. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of
law, except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector General's
right of access. A department or agency covered by this section
shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided
by the establishment over which that Inspector General has
responsibilities under the Inspector General Act of 1978. Each
Inspector General covered by this section shall report to the
Committees on Appropriations of the House of Representatives
and the Senate within 5 calendar days any failures to comply
with this requirement.
Sec. 628. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging of
pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or other
law enforcement- or victim assistance-related activity.
Sec. 629. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 630. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over budget,
or has failed to meet the basic requirements of a contract,
unless the Agency determines that any such deviations are due
to unforeseeable events, government-driven scope changes, or
are not significant within the overall scope of the project
and/or program and unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
Sec. 631. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch department,
agency, board or commission of more than $500,000 at any single
conference unless the agency or entity determines that such
attendance is in the national interest and advance notice is
transmitted to the Committees on Appropriations of the House of
Representatives and the Senate that includes the basis of that
determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the agency or entity determines that such attendance is in the
national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate that includes the basis of that determination.
Sec. 632. None of the funds made available by this Act may
be used for first-class or business-class travel by the
employees of executive branch agencies funded by this Act in
contravention of sections 301-10.122 through 301-10.125 of
title 41, Code of Federal Regulations.
Sec. 633. In addition to any amounts appropriated or
otherwise made available for expenses related to enhancements
to www.oversight.gov, $2,000,000, to remain available until
expended, shall be provided for an additional amount for such
purpose to the Inspectors General Council Fund (Fund)
established pursuant to Section 11(c)(3)(B) of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended: Provided,
That these amounts shall be in addition to any amounts or any
authority available to the Council of the Inspectors General on
Integrity and Efficiency under section 11 of the Inspector
General Act of 1978 (5 U.S.C. App.), as amended.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2019 shall obligate or expend any
such funds, unless such department, agency, or instrumentality
has in place, and will continue to administer in good faith, a
written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of
controlled substances (as defined in the Controlled Substances
Act (21 U.S.C. 802)) by the officers and employees of such
department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles), is
hereby fixed at $19,947 except station wagons for which the
maximum shall be $19,997: Provided, That these limits may be
exceeded by not to exceed $7,250 for police-type vehicles:
Provided further, That the limits set forth in this section may
not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of
the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits
set forth in this section may be exceeded by the incremental
cost of clean alternative fuels vehicles acquired pursuant to
Public Law 101-549 over the cost of comparable conventionally
fueled vehicles: Provided further, That the limits set forth
in this section shall not apply to any vehicle that is a
commercial item and which operates on alternative fuel,
including but not limited to electric, plug-in hybrid electric,
and hydrogen fuel cell vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with 5
U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained in
this or any other Act shall be used to pay the compensation of
any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is
owned by the Government of the United States) whose post of
duty is in the continental United States unless such person:
(1) is a citizen of the United States; (2) is a person who is
lawfully admitted for permanent residence and is seeking
citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a
person who is admitted as a refugee under 8 U.S.C. 1157 or is
granted asylum under 8 U.S.C. 1158 and has filed a declaration
of intention to become a lawful permanent resident and then a
citizen when eligible; or (4) is a person who owes allegiance
to the United States: Provided, That for purposes of this
section, affidavits signed by any such person shall be
considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied
with: Provided further, That for purposes of subsections (2)
and (3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000
or imprisoned for not more than 1 year, or both: Provided
further, That the above penal clause shall be in addition to,
and not in substitution for, any other provisions of existing
law: Provided further, That any payment made to any officer or
employee contrary to the provisions of this section shall be
recoverable in action by the Federal Government: Provided
further, That this section shall not apply to any person who is
an officer or employee of the Government of the United States
on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service pursuant
to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with the
Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs. Such
funds shall be available until expended for the following
purposes:
(1) Acquisition, waste reduction and prevention,
and recycling programs as described in Executive Order
No. 13693 (March 19, 2015), including any such programs
adopted prior to the effective date of the Executive
order.
(2) Other Federal agency environmental management
programs, including, but not limited to, the
development and implementation of hazardous waste
management and pollution prevention programs.
(3) Other employee programs as authorized by law or
as deemed appropriate by the head of the Federal
agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to objects
for which such funds are otherwise available, for rent in the
District of Columbia; services in accordance with 5 U.S.C.
3109; and the objects specified under this head, all the
provisions of which shall be applicable to the expenditure of
such funds unless otherwise specified in the Act by which they
are made available: Provided, That in the event any functions
budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been
disapproved pursuant to a joint resolution duly adopted in
accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian employee
of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or
expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for any
such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate. For the
purposes of this section, the term ``office'' shall include the
entire suite of offices assigned to the individual, as well as
any other space used primarily by the individual or the use of
which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of national security and emergency preparedness
telecommunications initiatives which benefit multiple Federal
departments, agencies, or entities, as provided by Executive
Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character that
is excepted from the competitive service under section 3302 of
title 5, United States Code, (pursuant to schedule C of subpart
C of part 213 of title 5 of the Code of Federal Regulations)
unless the head of the applicable department, agency, or other
instrumentality employing such schedule C individual certifies
to the Director of the Office of Personnel Management that the
schedule C position occupied by the individual was not created
solely or primarily in order to detail the individual to the
White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to or
from an element of the intelligence community (as that term is
defined under section 3(4) of the National Security Act of 1947
(50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens
to prohibit or prevent, any other officer or employee
of the Federal Government from having any direct oral
or written communication or contact with any Member,
committee, or subcommittee of the Congress in
connection with any matter pertaining to the employment
of such other officer or employee or pertaining to the
department or agency of such other officer or employee
in any way, irrespective of whether such communication
or contact is at the initiative of such other officer
or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay,
demotes, reduces in rank, seniority, status, pay, or
performance or efficiency rating, denies promotion to,
relocates, reassigns, transfers, disciplines, or
discriminates in regard to any employment right,
entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any
Member, committee, or subcommittee of the Congress as
described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge,
skills, and abilities bearing directly upon the
performance of official duties;
(2) contains elements likely to induce high levels
of emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of
the content and methods to be used in the training and
written end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new
age'' belief systems as defined in Equal Employment
Opportunity Commission Notice N-915.022, dated
September 2, 1988; or
(5) is offensive to, or designed to change,
participants' personal values or lifestyle outside the
workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized by
Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5
U.S.C. 105; and
(2) includes a military department, as defined
under section 102 of such title, the United States
Postal Service, and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official
duties. An employee not under a leave system, including a
Presidential appointee exempted under 5 U.S.C. 6301(2), has an
obligation to expend an honest effort and a reasonable
proportion of such employee's time in the performance of
official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which is
a member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-agency
groups designated by the Director (including the President's
Management Council for overall management improvement
initiatives, the Chief Financial Officers Council for financial
management initiatives, the Chief Information Officers Council
for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief
Acquisition Officers Council for procurement initiatives, and
the Performance Improvement Council for performance improvement
initiatives): Provided further, That the total funds
transferred or reimbursed shall not exceed $15,000,000 to
improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals
established by 31 U.S.C. 1120, and not to exceed $17,000,000
for Government-Wide innovations, initiatives, and activities:
Provided further, That the funds transferred to or for
reimbursement of ``General Services Administration, Government-
wide Policy'' during fiscal year 2019 shall remain available
for obligation through September 30, 2020: Provided further,
That such transfers or reimbursements may only be made after 15
days following notification of the Committees on Appropriations
of the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the interagency
funding of specific projects, workshops, studies, and similar
efforts to carry out the purposes of the National Science and
Technology Council (authorized by Executive Order No. 12881),
which benefit multiple Federal departments, agencies, or
entities: Provided, That the Office of Management and Budget
shall provide a report describing the budget of and resources
connected with the National Science and Technology Council to
the Committees on Appropriations, the House Committee on
Science and Technology, and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2,
Code of Federal Regulations: Provided, That this section shall
apply to direct payments, formula funds, and grants received by
a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in
this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation
of data, derived from any means, that includes any
personally identifiable information relating to an
individual's access to or use of any Federal Government
Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect,
review, or obtain any aggregation of data, derived from
any means, that includes any personally identifiable
information relating to an individual's access to or
use of any nongovernmental Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally
identifiable information;
(3) any action taken for law enforcement,
regulatory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of an
Internet site and is necessarily incident to providing
the Internet site services or to protecting the rights
or property of the provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in
law.
(2) The term ``supervisory'' means examinations of
the agency's supervised institutions, including
assessing safety and soundness, overall financial
condition, management practices and policies and
compliance with applicable standards as provided in
law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes a
provision providing prescription drug coverage, except where
the contract also includes a provision for contraceptive
coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of
religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-126
regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations of
the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease any
additional facilities, except within or contiguous to existing
locations, to be used for the purpose of conducting Federal law
enforcement training without the advance approval of the
Committees on Appropriations of the House of Representatives
and the Senate, except that the Federal Law Enforcement
Training Center is authorized to obtain the temporary use of
additional facilities by lease, contract, or other agreement
for training which cannot be accommodated in existing Center
facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be used
by an executive branch agency to produce any prepackaged news
story intended for broadcast or distribution in the United
States, unless the story includes a clear notification within
the text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive
subsection (a) with respect to any Federal Government
contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the
interest of national security.
(2) Report to congress.--Any Secretary issuing a
waiver under paragraph (1) shall report such issuance
to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant to
such contract.
Sec. 734. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or
8414(b)(1)(B) of title 5, United States Code; or
(2) retires under any other provision of subchapter
III of chapter 83 or chapter 84 of such title 5 and
receives a payment as an incentive to separate, the
separating agency shall remit to the Civil Service
Retirement and Disability Fund an amount equal to the
Office of Personnel Management's average unit cost of
processing a retirement claim for the preceding fiscal
year. Such amounts shall be available until expended to
the Office of Personnel Management and shall be deemed
to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution,
expenditure, independent expenditure, or disbursement
for an electioneering communication that is made by the
entity, its officers or directors, or any of its
affiliates or subsidiaries to a candidate for election
for Federal office or to a political committee, or that
is otherwise made with respect to any election for
Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to any person with the intent or the
reasonable expectation that the person will use the
funds to make a payment described in paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'', ``electioneering
communication'', ``candidate'', ``election'', and ``Federal
office'' has the meaning given such term in the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head of
an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the
legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no part
of any of the funds appropriated for fiscal year 2019, by this
or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United
States Code--
(A) during the period from the date of expiration
of the limitation imposed by the comparable section for
the previous fiscal years until the normal effective
date of the applicable wage survey adjustment that is
to take effect in fiscal year 2019, in an amount that
exceeds the rate payable for the applicable grade and
step of the applicable wage schedule in accordance with
such section; and
(B) during the period consisting of the remainder
of fiscal year 2019, in an amount that exceeds, as a
result of a wage survey adjustment, the rate payable
under subparagraph (A) by more than the sum of--
(i) the percentage adjustment taking effect
in fiscal year 2019 under section 5303 of title
5, United States Code, in the rates of pay
under the General Schedule; and
(ii) the difference between the overall
average percentage of the locality-based
comparability payments taking effect in fiscal
year 2019 under section 5304 of such title
(whether by adjustment or otherwise), and the
overall average percentage of such payments
which was effective in the previous fiscal year
under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2018,
shall be determined under regulations prescribed by the Office
of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2018, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2018.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit) that
requires any deduction or contribution, or that imposes any
requirement or limitation on the basis of a rate of salary or
basic pay, the rate of salary or basic pay payable after the
application of this subsection shall be treated as the rate of
salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if the
Office determines that such exceptions are necessary to ensure
the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by
employees in the same location whose rates of basic pay
are adjusted pursuant to the statutory pay systems
under sections 5303 and 5304 of title 5, United States
Code: Provided, That prevailing rate employees at
locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title
5, United States Code, and prevailing rate employees
described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the
pay locality designated as ``Rest of United States''
pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) effective as of the first day of the first
applicable pay period beginning after September 30,
2018.
Sec. 738. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2019 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United
States Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor
travel to and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference;
and
(4) a description of the contracting procedures
used including--
(A) whether contracts were awarded on a
competitive basis; and
(B) a discussion of any cost comparison
conducted by the departmental component or
office in evaluating potential contractors for
the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any
entity without an Inspector General, of the date, location, and
number of employees attending a conference held by any
Executive branch department, agency, board, commission, or
office funded by this or any other appropriations Act during
fiscal year 2019 for which the cost to the United States
Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related
to a project funded by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of Management
and Budget Memorandum M-12-12 dated May 11, 2012 or any
subsequent revisions to that memorandum.
Sec. 739. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed
in the President's budget request for a fiscal year until such
proposed change is subsequently enacted in an appropriation
Act, or unless such change is made pursuant to the
reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 740. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on April
15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 741. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function performed
by Federal employees pursuant to Office of Management and
Budget Circular A-76 or any other administrative regulation,
directive, or policy.
Sec. 742. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for a
contract, grant, or cooperative agreement with an entity that
requires employees or contractors of such entity seeking to
report fraud, waste, or abuse to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting
such employees or contractors from lawfully reporting such
waste, fraud, or abuse to a designated investigative or law
enforcement representative of a Federal department or agency
authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any
other form issued by a Federal department or agency governing
the nondisclosure of classified information.
Sec. 743. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy, form,
or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict
with, or otherwise alter the employee obligations, rights, or
liabilities created by existing statute or Executive order
relating to (1) classified information, (2) communications to
Congress, (3) the reporting to an Inspector General of a
violation of any law, rule, or regulation, or mismanagement, a
gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety, or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by
controlling Executive orders and statutory provisions are
incorporated into this agreement and are controlling.'':
Provided, That notwithstanding the preceding provision of this
section, a nondisclosure policy form or agreement that is to be
executed by a person connected with the conduct of an
intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may
contain provisions appropriate to the particular activity for
which such document is to be used. Such form or agreement
shall, at a minimum, require that the person will not disclose
any classified information received in the course of such
activity unless specifically authorized to do so by the United
States Government. Such nondisclosure forms shall also make it
clear that they do not bar disclosures to Congress, or to an
authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial
violation of law.
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were in
effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar
language to that required in subsection (a).
Sec. 744. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a
timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the
awarding agency is aware of the unpaid tax liability, unless a
Federal agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to,
or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has
considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary
to protect the interests of the Government.
Sec. 746. (a) During fiscal year 2019, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 747. If, for fiscal year 2019, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c) of
the Balanced Budget and Emergency Deficit Control Act of 1985
due to estimating differences with the Congressional Budget
Office, an adjustment to the discretionary spending limit in
such category for fiscal year 2019 shall be made by the
Director of the Office of Management and Budget in the amount
of the excess but the total of all such adjustments shall not
exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
Sec. 748. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect in
fiscal year 2019 under section 5303 of title 5, United States
Code, shall be an increase of 1.4 percent, and the overall
average percentage of the adjustments taking effect in such
fiscal year under sections 5304 and 5304a of such title 5 shall
be an increase of 0.5 percent (with comparability payments to
be determined and allocated among pay localities by the
President). All adjustments under this subsection shall be
effective as of the first day of the first applicable pay
period beginning on or after January 1, 2019.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates of
basic pay are adjusted pursuant to the statutory pay systems
under section 5303, 5304, and 5304a of title 5, United States
Code. Prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303,
5304, and 5304a of such title 5 and prevailing rate employees
described in section 5343(a)(5) of such title 5 shall be
considered to be located in the pay locality designated as
``Rest of U.S.'' pursuant to section 5304 of such title 5 for
purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department or
agency for salaries and expenses for fiscal year 2019.
Sec. 749. (a) Notwithstanding the official rate adjusted
under section 104 of title 3, United States Code, the rate
payable to the Vice President during calendar year 2019 shall
be 1.9 percent above the rate payable to the Vice President on
December 31, 2018, as limited under section 738 of division E
of the Consolidated Appropriations Act, 2018 (Public Law 115-
141).
(b) Notwithstanding the official rate adjusted under
section 5318 of title 5, United States Code, or any other
provision of law, the payable rate for an employee serving in
an Executive Schedule position, or in a position for which the
rate of pay is fixed by statute at an Executive Schedule rate,
shall be increased by 1.9 percent (relative to the preexisting
rate actually payable) at the time the official rate is
adjusted in January 2019. Such an employee may receive no other
pay increase during calendar year 2019, except as provided in
subsection (i).
(c) Notwithstanding section 401 of the Foreign Service Act
of 1980 (Public Law 96-465) or any other provision of law, a
chief of mission or ambassador at large is subject to
subsection (b) in the same manner as other employees who are
paid at an Executive Schedule rate.
(d)(1) This subsection applies to--
(A) a noncareer appointee in the Senior
Executive Service paid a rate of basic pay at
or above the official rate for level IV of the
Executive Schedule; or
(B) a limited term appointee or limited
emergency appointee in the Senior Executive
Service serving under a political appointment
and paid a rate of basic pay at or above the
official rate for level IV of the Executive
Schedule.
(2) Notwithstanding sections 5382 and 5383 of title
5, United States Code, an employee described in
paragraph (1) who is serving at the time official rates
of the Executive Schedule are adjusted may receive a
single increase in the employee's pay rate of no more
than 1.9 percent during calendar year 2019, subject to
the normally applicable pay rules and pay limitations
in effect on December 31, 2013, after those pay
limitations are increased by 1.9 percent (after
applicable rounding). Such an employee may receive no
other pay increase during calendar year 2019, except as
provided in subsection (i).
(e) Notwithstanding any other provision of law, any
employee paid a rate of basic pay (including any locality-based
payments under section 5304 of title 5, United States Code, or
similar authority) at or above the official rate for level IV
of the Executive Schedule who serves under a political
appointment, and who is serving at the time official rates of
the Executive Schedule are adjusted, may receive a single
increase in the employee's pay rate of no more than 1.9 percent
during calendar year 2019, subject to the normally applicable
pay rules and pay limitations in effect on December 31, 2013,
after those pay limitations are increased by 1.9 percent (after
applicable rounding). Such an employee may receive no other pay
increase during calendar year 2019, except as provided in
subsection (i). This subsection does not apply to employees in
the General Schedule pay system or the Foreign Service pay
system, to employees appointed under section 3161 of title 5,
United States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51 of
title 5, United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable
law.
(g) This section does not apply to an individual who makes
an election to retain Senior Executive Service basic pay under
section 3392(c) of title 5, United States Code, for such time
as that election is in effect.
(h) This section does not apply to an individual who makes
an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public
Law 96-465) for such time as that election is in effect.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate increase
upon an authorized movement to a different covered position
only if that new position has higher-level duties and a pre-
established level or range of pay higher than the level or
range for the position held immediately before the movement.
Any such increase must be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013,
after those rates and pay limitations are increased by 1.9
percent (after applicable rounding).
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position during
the period of time subject to this section, the initial pay
rate shall be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013, after those rates
and pay limitations are increased by 1.9 percent (after
applicable rounding).
(k) If an employee affected by this section is subject to a
biweekly pay period that begins in calendar year 2019 but ends
in calendar year 2020, the bar on the employee's receipt of pay
rate increases shall apply through the end of that pay period.
(l) For the purpose of this section, the term ``covered
position'' means a position occupied by an employee whose pay
is restricted under this section.
(m) This section takes effect on the first day of the first
applicable pay period beginning on or after January 1, 2019.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2019, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditures for an
agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or
responsibility center;
(3) establishes or changes allocations specifically
denied, limited or increased under this Act;
(4) increases funds or personnel by any means for
any program, project, or responsibility center for
which funds have been denied or restricted;
(5) re-establishes any program or project
previously deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds
in excess of $3,000,000 or 10 percent, whichever is
less; or
(7) increases by 20 percent or more personnel
assigned to a specific program, project or
responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2019.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the offices
of United States Senator or United States Representative under
section 4(d) of the District of Columbia Statehood
Constitutional Convention Initiatives of 1979 (D.C. Law 3-171;
D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance of
the officer's or employee's official duties. For purposes of
this section, the term ``official duties'' does not include
travel between the officer's or employee's residence and
workplace, except in the case of--
(1) an officer or employee of the Metropolitan
Police Department who resides in the District of
Columbia or is otherwise designated by the Chief of the
Department;
(2) at the discretion of the Fire Chief, an officer
or employee of the District of Columbia Fire and
Emergency Medical Services Department who resides in
the District of Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the
Department of Corrections, an officer or employee of
the District of Columbia Department of Corrections who
resides in the District of Columbia and is on call 24
hours a day;
(4) at the discretion of the Chief Medical
Examiner, an officer or employee of the Office of the
Chief Medical Examiner who resides in the District of
Columbia and is on call 24 hours a day;
(5) at the discretion of the Director of the
Homeland Security and Emergency Management Agency, an
officer or employee of the Homeland Security and
Emergency Management Agency who resides in the District
of Columbia and is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General or
any other officer or entity of the District government to
provide assistance for any petition drive or civil action which
seeks to require Congress to provide for voting representation
in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or
local law enforcement authorities to be inappropriate for such
distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive coverage
by health insurance plans, but it is the intent of Congress
that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious
beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act (21 U.S.C. 801 et
seq.) or any tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise
reduce penalties associated with the possession, use, or
distribution of any schedule I substance under the Controlled
Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the
mother would be endangered if the fetus were carried to term or
where the pregnancy is the result of an act of rape or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42), for all agencies of the District of Columbia
government for fiscal year 2019 that is in the total amount of
the approved appropriation and that realigns all budgeted data
for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council for the District of
Columbia, a revised appropriated funds operating budget for the
District of Columbia Public Schools that aligns schools budgets
to actual enrollment. The revised appropriated funds budget
shall be in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec. 1-
204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such amounts,
once transferred or reprogrammed, shall retain appropriation
authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2019
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2019 in this Act, shall
remain available through September 30, 2020, for each such
account for the purposes authorized: Provided, That a request
shall be submitted to the Committees on Appropriations of the
House of Representatives and the Senate for approval prior to
the expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided for
any project or activity for which local funds are provided in
the Act referred to in paragraph (2) (subject to any
modifications enacted by the District of Columbia as of the
beginning of the period during which this subsection is in
effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2020 which (subject
to the requirements of the District of Columbia Home Rule Act)
will constitute the local portion of the annual budget for the
District of Columbia government for fiscal year 2020 for
purposes of section 446 of the District of Columbia Home Rule
Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of
Columbia continuing resolution for fiscal year 2020 is
in effect; or
(2) upon the enactment into law of the regular
District of Columbia appropriation bill for fiscal year
2020.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2020 for which this
section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2020 if any other provision of
law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available,
or grants authority for such project or activity to
continue for such period; or
(2) specifically provides that no appropriation
shall be made, no funds shall be made available, or no
authority shall be granted for such project or activity
to continue for such period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Section 3(c)(2)(G) of the District of Columbia
College Access Act of 1999 (Public Law 106-98; sec. 38-
2702(c)(2)(G), D.C. Official Code) is amended--
(1) in clause (i), by striking ``and'' after
``$1,000,000'' and inserting a semicolon;
(2) in clause (ii)--
(A) by inserting ``but before school year
2019-2020'' after ``in or after school year
2016-2017''; and
(B) by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(iii) For individuals who begin
an undergraduate course of study in or
after school year 2019-2020, is from a
family with a taxable annual income of
less than $500,000. Beginning with
school year 2020-2021, the Mayor shall
adjust the amount in the previous
sentence for inflation, as measured by
the percentage increase, if any, from
the preceding fiscal year in the
Consumer Price Index for All Urban
Consumers, published by the Bureau of
Labor Statistics of the Department of
Labor.''.
Sec. 818. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of this
title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2019''.
DIVISION E--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,198,000,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing
Act (30 U.S.C. 191), except that amounts from permit processing
fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to
drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year 2019,
so as to result in a final appropriation estimated at not more
than $1,198,000,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by
the Bureau for the cost of administering communication site
activities.
land acquisition
(including rescission of funds)
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative expenses
and acquisition of lands or waters, or interests therein,
$28,316,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $1,800,000 is hereby permanently rescinded
from previously appropriated emergencies, hardships, and
inholdings funding: Provided, That no amounts may be rescinded
from amounts that were designated by the Congress as an
emergency requirement pursuant to the Concurrent Resolution on
the Budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,985,000, to remain available until expended:
Provided, That 25 percent of the aggregate of all receipts
during the current fiscal year from the revested Oregon and
California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance
with the second paragraph of subsection (b) of title II of the
Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral
leasing receipts from Bankhead-Jones lands transferred to the
Department of the Interior pursuant to law, but not less than
$10,000,000, to remain available until expended: Provided,
That not to exceed $600,000 shall be available for
administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), and
under section 28 of the Mineral Leasing Act (30 U.S.C. 185), to
remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not
appropriate for refund pursuant to section 305(c) of that Act
(43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve,
protect, or rehabilitate any public lands administered through
the Bureau of Land Management which have been damaged by the
action of a resource developer, purchaser, permittee, or any
unauthorized person, without regard to whether all moneys
collected from each such action are used on the exact lands
damaged which led to the action: Provided further, That any
such moneys that are in excess of amounts needed to repair
damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of making
conveyances of omitted lands under section 211(b) of that Act
(43 U.S.C. 1721(b)), to remain available until expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for
the Bureau shall be available for purchase, erection, and
dismantlement of temporary structures, and alteration and
maintenance of necessary buildings and appurtenant facilities
to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information
or evidence concerning violations of laws administered by the
Bureau; miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law 90-
620 (44 U.S.C. 501), the Bureau may, under cooperative cost-
sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau
determines the cooperator is capable of meeting accepted
quality standards: Provided further, That projects to be
funded pursuant to a written commitment by a State government
to provide an identified amount of money in support of the
project may be carried out by the Bureau on a reimbursable
basis. Appropriations herein made shall not be available for
the destruction of healthy, unadopted, wild horses and burros
in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for
processing into commercial products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific and
economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,292,078,000, to remain available until September
30, 2020: Provided, That not to exceed $18,318,000 shall be
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and issuing
proposed and final regulations, and taking any other steps to
implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
(including rescission of funds)
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of fish
and wildlife resources, and the acquisition of lands and
interests therein; $55,613,000, to remain available until
expended.
Of the unobligated balances available for Construction,
$1,500,000 is permanently rescinded, including $300,000 of
unobligated balances available for Construction under Public
Law 111-8: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in
accordance with statutory authority applicable to the United
States Fish and Wildlife Service, $65,189,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended, of which, notwithstanding section
200306 of title 54, United States Code, not more than
$20,000,000 shall be for land conservation partnerships
authorized by the Highlands Conservation Act of 2004, including
not to exceed $320,000 for administrative expenses: Provided,
That none of the funds appropriated for specific land
acquisition projects may be used to pay for any administrative
overhead, planning or other management costs.
cooperative endangered species conservation fund
(including rescission of funds)
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $53,495,000,
to remain available until expended, of which $22,695,000 is to
be derived from the Cooperative Endangered Species Conservation
Fund; and of which $30,800,000 is to be derived from the Land
and Water Conservation Fund.
Of the unobligated balances made available from the
Cooperative Endangered Species Conservation Fund, $7,500,000 is
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $42,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $11,561,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and Wildlife
Act of 1956 and the Fish and Wildlife Coordination Act, for the
development and implementation of programs for the benefit of
wildlife and their habitat, including species that are not
hunted or fished, $64,571,000, to remain available until
expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes
not subject to the remaining provisions of this appropriation:
Provided further, That $6,362,000 is for a competitive grant
program to implement approved plans for States, territories,
and other jurisdictions and at the discretion of affected
States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this
appropriation: Provided further, That the Secretary shall,
after deducting $10,571,000 and administrative expenses,
apportion the amount provided herein in the following manner:
(1) to the District of Columbia and to the Commonwealth of
Puerto Rico, each a sum equal to not more than one-half of 1
percent thereof; and (2) to Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth
of 1 percent thereof: Provided further, That the Secretary
shall apportion the remaining amount in the following manner:
(1) one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which is
less than 1 percent of the amount available for apportionment
under this paragraph for any fiscal year or more than 5 percent
of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs
of such projects and the Federal share of implementation grants
shall not exceed 65 percent of the total costs of such
projects: Provided further, That the non-Federal share of such
projects may not be derived from Federal grant programs:
Provided further, That any amount apportioned in 2019 to any
State, territory, or other jurisdiction that remains
unobligated as of September 30, 2020, shall be reapportioned,
together with funds appropriated in 2021, in the manner
provided herein.
administrative provisions
(including rescission of funds)
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations and
funds available to the United States Fish and Wildlife Service
shall be available for repair of damage to public roads within
and adjacent to reservation areas caused by operations of the
Service; options for the purchase of land at not to exceed $1
for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with
their primary purpose; and the maintenance and improvement of
aquaria, buildings, and other facilities under the jurisdiction
of the Service and to which the United States has title, and
which are used pursuant to law in connection with management,
and investigation of fish and wildlife resources: Provided,
That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators
in connection with jointly produced publications for which the
cooperators share at least one-half the cost of printing either
in cash or services and the Service determines the cooperator
is capable of meeting accepted quality standards: Provided
further, That the Service may accept donated aircraft as
replacements for existing aircraft: Provided further, That
notwithstanding 31 U.S.C. 3302, all fees collected for non-
toxic shot review and approval shall be deposited under the
heading ``United States Fish and Wildlife Service--Resource
Management'' and shall be available to the Secretary, without
further appropriation, to be used for expenses of processing of
such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until
expended.
Of the unobligated balances available for grants under
Public Law 109-58, title III, subtitle G, section 384,
$15,000,000 is permanently rescinded: Provided, That no
amounts may be rescinded from amounts that were designated by
the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of the
National Park Service, $2,502,711,000, of which $10,032,000 for
planning and interagency coordination in support of Everglades
restoration and $135,980,000 for maintenance, repair, or
rehabilitation projects for constructed assets and $151,575,000
for cyclic maintenance projects for constructed assets and
cultural resources shall remain available until September 30,
2020: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of Public
Law 95-348: Provided further, That notwithstanding section
9(a) of the United States Semiquincentennial Commission Act of
2016 (Public Law 114-196; 130 Stat. 691), $500,000 of the funds
made available under this heading shall be provided to the
organization selected under section 9(b) of that Act for
expenditure by the United States Semiquincentennial Commission
in accordance with that Act.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise provided
for, $64,138,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of title
54, United States Code), $102,660,000, to be derived from the
Historic Preservation Fund and to remain available until
September 30, 2020, of which $13,000,000 shall be for Save
America's Treasures grants for preservation of national
significant sites, structures and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009
(54 U.S.C. 3089): Provided, That an individual Save America's
Treasures grant shall be matched by non-Federal funds:
Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to
be funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on
Appropriations: Provided further, That of the funds provided
for the Historic Preservation Fund, $750,000 is for competitive
grants for the survey and nomination of properties to the
National Register of Historic Places and as National Historic
Landmarks associated with communities currently under-
represented, as determined by the Secretary, $14,500,000 is for
competitive grants to preserve the sites and stories of the
Civil Rights movement, $8,000,000 is for grants to Historically
Black Colleges and Universities, and $5,000,000 is for
competitive grants for the restoration of historic properties
of national, State and local significance listed on or eligible
for inclusion on the National Register of Historic Places, to
be made without imposing the usage or direct grant restrictions
of section 101(e)(3) (54 U.S.C. 302904) of the National
Historical Preservation Act: Provided further, That such
competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States
Code, to States and Indian tribes as defined in chapter 3003 of
such title, Native Hawaiian organizations, local governments,
including Certified Local Governments, and non-profit
organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$364,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2019 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further, That
the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park Concessions
Franchise Fees, and Recreation Fees may be made available for
the cost of adjustments and changes within the original scope
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees on
Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses, and
for acquisition of lands or waters, or interest therein, in
accordance with the statutory authority applicable to the
National Park Service, $168,444,000, to be derived from the
Land and Water Conservation Fund and to remain available until
expended, of which $124,006,000 is for the State assistance
program and of which $10,000,000 shall be for the American
Battlefield Protection Program grants as authorized by chapter
3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $20,000,000, to remain
available until expended, for Centennial Challenge projects and
programs: Provided, That not less than 50 percent of the total
cost of each project or program shall be derived from non-
Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed the
amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the
amount of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B) of
the Gulf of Mexico Energy Security Act of 2006 (Public Law 109-
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until
expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as
authorized by law; and to publish and disseminate data relative
to the foregoing activities; $1,160,596,000, to remain
available until September 30, 2020; of which $84,337,000 shall
remain available until expended for satellite operations; and
of which $15,164,000 shall be available until expended for
deferred maintenance and capital improvement projects that
exceed $100,000 in cost: Provided, That none of the funds
provided for the ecosystem research activity shall be used to
conduct new surveys on private property, unless specifically
authorized in writing by the property owner: Provided further,
That no part of this appropriation shall be used to pay more
than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in
cooperation with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined that
such procedures are in the public interest; construction and
maintenance of necessary buildings and appurtenant facilities;
acquisition of lands for gauging stations, observation wells,
and seismic equipment; expenses of the United States National
Committee for Geological Sciences; and payment of compensation
and expenses of persons employed by the Survey duly appointed
to represent the United States in the negotiation and
administration of interstate compacts: Provided, That
activities funded by appropriations herein made may be
accomplished through the use of contracts, grants, or
cooperative agreements as defined in section 6302 of title 31,
United States Code: Provided further, That the United States
Geological Survey may enter into contracts or cooperative
agreements directly with individuals or indirectly with
institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of
students or recent graduates, who shall be considered employees
for the purpose of chapters 57 and 81 of title 5, United States
Code, relating to compensation for travel and work injuries,
and chapter 171 of title 28, United States Code, relating to
tort claims, but shall not be considered to be Federal
employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way and agreements for use for oil
and gas, other minerals, energy, and marine-related purposes on
the Outer Continental Shelf and approving operations related
thereto, as authorized by law; for environmental studies, as
authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and
for matching grants or cooperative agreements, $179,266,000, of
which $129,450,000 is to remain available until September 30,
2020, and of which $49,816,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer
Continental Shelf Lands Act, including studies, assessments,
analysis, and miscellaneous administrative activities:
Provided further, That the sum herein appropriated shall be
reduced as such collections are received during the fiscal
year, so as to result in a final fiscal year 2019 appropriation
estimated at not more than $129,450,000: Provided further,
That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine
cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements for
use for oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf, as authorized by law;
for enforcing and implementing laws and regulations as
authorized by law and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or cooperative
agreements, $145,475,000, of which $121,351,000 is to remain
available until September 30, 2020, and of which $24,124,000 is
to remain available until expended: Provided, That this total
appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to
receipts resulting from increases to lease rental rates in
effect on August 5, 1993, and from cost recovery fees from
activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act,
including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2019 appropriation estimated at not more than
$121,351,000.
For an additional amount, $41,765,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in fiscal
year 2019, as provided in this Act: Provided, That to the
extent that amounts realized from such inspection fees exceed
$41,765,000, the amounts realized in excess of $41,765,000
shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2019,
not less than 50 percent of the inspection fees expended by the
Bureau of Safety and Environmental Enforcement will be used to
fund personnel and mission-related costs to expand capacity and
expedite the orderly development, subject to environmental
safeguards, of the Outer Continental Shelf pursuant to the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $14,899,000,
which shall be derived from the Oil Spill Liability Trust Fund,
to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public Law
95-87, $115,804,000, to remain available until September 30,
2020: Provided, That appropriations for the Office of Surface
Mining Reclamation and Enforcement may provide for the travel
and per diem expenses of State and tribal personnel attending
Office of Surface Mining Reclamation and Enforcement sponsored
training: Provided further, That of the amounts made available
under this heading and notwithstanding the Federal share limits
contained in section 705 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1295), not to exceed
$2,300,000 shall be for the Secretary of the Interior to make
grants to any State with active coal mine operations within its
borders that does not have an approved State regulatory program
under section 503 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1253) for the purpose of developing a
State program under such Act.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of Public
Law 95-87 (30 U.S.C. 1257), $40,000, to remain available until
expended: Provided, That fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this
account as discretionary offsetting collections, to remain
available until expended: Provided further, That the sum
herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to
result in a fiscal year 2019 appropriation estimated at not
more than $115,804,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$24,672,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department of
the Interior is authorized to use up to 20 percent from the
recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal share
of the cost of projects funded by the Federal Government for
the purpose of environmental restoration related to treatment
or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with
the purposes and priorities of the Surface Mining Control and
Reclamation Act: Provided further, That amounts provided under
this heading may be used for the travel and per diem expenses
of State and tribal personnel attending Office of Surface
Mining Reclamation and Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized Indian
Tribes for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
in the joint explanatory statement accompanying this Act:
Provided, That such additional amount shall be used for
economic and community development in conjunction with the
priorities in section 403(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided further,
That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the greatest amount of unfunded needs to meet the priorities
described in paragraphs (1) and (2) of such section,
$30,000,000 shall be distributed in equal amounts to the 3
Appalachian States with the subsequent greatest amount of
unfunded needs to meet such priorities, and $10,000,000 shall
be for grants to federally recognized Indian Tribes without
regard to their status as certified or uncertified under the
Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1233(a)), for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions
in the joint explanatory statement accompanying this Act and
shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the
Surface Mining Control and Reclamation Act of 1977: Provided
further, That such additional amount shall be allocated to
States and Indian Tribes within 60 days after the date of
enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 5301 et seq.),
the Education Amendments of 1978 (25 U.S.C. 2001-2019), and the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et
seq.), $2,414,577,000, to remain available until September 30,
2020, except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation
expenses; of which not to exceed $76,000,000 shall be for
welfare assistance payments: Provided, That in cases of
designated Federal disasters, the Secretary may exceed such
cap, from the amounts provided herein, to provide for disaster
relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and
tribal organizations of federally recognized Indian tribes may
use their tribal priority allocations for unmet welfare
assistance costs: Provided further, That not to exceed
$683,572,000 for school operations costs of Bureau-funded
schools and other education programs shall become available on
July 1, 2019, and shall remain available until September 30,
2020: Provided further, That not to exceed $55,174,000 shall
remain available until expended for housing improvement, road
maintenance, attorney fees, litigation support, land records
improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law,
including but not limited to the Indian Self-Determination Act
of 1975 (25 U.S.C. 5301 et seq.) and section 1128 of the
Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$82,935,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2019: Provided further, That any forestry funds allocated to a
federally recognized tribe which remain unobligated as of
September 30, 2020, may be transferred during fiscal year 2021
to an Indian forest land assistance account established for the
benefit of the holder of the funds within the holder's trust
fund account: Provided further, That any such unobligated
balances not so transferred shall expire on September 30, 2021:
Provided further, That in order to enhance the safety of
Bureau field employees, the Bureau may use funds to purchase
uniforms or other identifying articles of clothing for
personnel: Provided further, That the Bureau of Indian Affairs
may accept transfers of funds from U.S. Customs and Border
Protection to supplement any other funding available for
reconstruction or repair of roads owned by the Bureau of Indian
Affairs as identified on the National Tribal Transportation
Facility Inventory, 23 U.S.C. 202(b)(1).
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with the
Bureau of Indian Affairs for fiscal year 2019, such sums as may
be necessary, which shall be available for obligation through
September 30, 2020: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading
shall be available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services by
contract; acquisition of lands, and interests in lands; and
preparation of lands for farming, and for construction of the
Navajo Indian Irrigation Project pursuant to Public Law 87-483;
$358,719,000, to remain available until expended: Provided,
That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the
Bureau of Reclamation: Provided further, That not to exceed 6
percent of contract authority available to the Bureau of Indian
Affairs from the Federal Highway Trust Fund may be used to
cover the road program management costs of the Bureau:
Provided further, That any funds provided for the Safety of
Dams program pursuant to the Act of November 2, 1921 (25 U.S.C.
13), shall be made available on a nonreimbursable basis:
Provided further, That for fiscal year 2019, in implementing
new construction, replacement facilities construction, or
facilities improvement and repair project grants in excess of
$100,000 that are provided to grant schools under Public Law
100-297, the Secretary of the Interior shall use the
Administrative and Audit Requirements and Cost Principles for
Assistance Programs contained in part 12 of title 43, Code of
Federal Regulations, as the regulatory requirements: Provided
further, That such grants shall not be subject to section 12.61
of title 43, Code of Federal Regulations; the Secretary and the
grantee shall negotiate and determine a schedule of payments
for the work to be performed: Provided further, That in
considering grant applications, the Secretary shall consider
whether such grantee would be deficient in assuring that the
construction projects conform to applicable building standards
and codes and Federal, tribal, or State health and safety
standards as required by section 1125(b) of title XI of Public
Law 95-561 (25 U.S.C. 2005(b)), with respect to organizational
and financial management capabilities: Provided further, That
if the Secretary declines a grant application, the Secretary
shall follow the requirements contained in section 5206(f) of
Public Law 100-297 (25 U.S.C. 2504(f)): Provided further, That
any disputes between the Secretary and any grantee concerning a
grant shall be subject to the disputes provision in section
5208(e) of Public Law 107-110 (25 U.S.C. 2507(e)): Provided
further, That in order to ensure timely completion of
construction projects, the Secretary may assume control of a
project and all funds related to the project, if, within 18
months of the date of enactment of this Act, any grantee
receiving funds appropriated in this Act or in any prior Act,
has not completed the planning and design phase of the project
and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special
Trustee for American Indians appropriation for the appropriate
share of construction costs for space expansion needed in
agency offices to meet trust reform implementation: Provided
further, That of the funds made available under this heading,
$10,000,000 shall be derived from the Indian Irrigation Fund
established by section 3211 of the WIIN Act (Public Law 114-
322; 130 Stat. 1749): Provided further, That for funds
appropriated under this heading, the date specified in section
3216 of Public Law 114-322 shall be applied as substituting
``September 30, 2028'' for ``September 30, 2021''.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11, 111-
291, and 114-322, and for implementation of other land and
water rights settlements, $50,057,000, to remain available
until expended: Provided, That the Secretary shall make
payments in such amounts as necessary to satisfy the total
authorized amount for the Navajo Nation Water Rights Trust
Fund.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$10,779,000, of which $1,455,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize total loan principal, any part of which
is to be guaranteed or insured, not to exceed $174,616,164.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services funding
for Tribal Priority Allocations, regional offices, and
facilities operations and maintenance) shall be available for
contracts, grants, compacts, or cooperative agreements with the
Bureau of Indian Affairs under the provisions of the Indian
Self-Determination Act or the Tribal Self-Governance Act of
1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or that
tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under
25 U.S.C. 452 et seq., shall be available to support the
operation of any elementary or secondary school in the State of
Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the
Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available in
this or any prior Act for schools funded by the Bureau shall be
available, in accordance with the Bureau's funding formula,
only to the schools in the Bureau school system as of September
1, 1996, and to any school or school program that was
reinstated in fiscal year 2012. Funds made available under this
Act may not be used to establish a charter school at a Bureau-
funded school (as that term is defined in section 1141 of the
Education Amendments of 1978 (25 U.S.C. 2021)), except that a
charter school that is in existence on the date of the
enactment of this Act and that has operated at a Bureau-funded
school before September 1, 1999, may continue to operate during
that period, but only if the charter school pays to the Bureau
a pro rata share of funds to reimburse the Bureau for the use
of the real and personal property (including buses and vans),
the funds of the charter school are kept separate and apart
from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which
the school is located if the charter school loses such funding.
Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter
school's operation and employees of a charter school shall not
be treated as Federal employees for purposes of chapter 171 of
title 28, United States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113, if
in fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based
on section 5(f) of Public Law 101-301, the Secretary shall
continue to distribute indirect and administrative cost funds
to such grantee using the section 5(f) distribution formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language
and cultural immersion educational programs for non-public
schools located within the jurisdictional area of the tribal
government which exclusively serve tribal members, do not
include grades beyond those currently served at the existing
Bureau-funded school, provide an educational environment with
educator presence and academic facilities comparable to the
Bureau-funded school, comply with all applicable Tribal,
Federal, or State health and safety standards, and the
Americans with Disabilities Act, and demonstrate the benefits
of establishing operations at a satellite location in lieu of
incurring extraordinary costs, such as for transportation or
other impacts to students such as those caused by busing
students extended distances: Provided, That no funds available
under this Act may be used to fund operations, maintenance,
rehabilitation, construction or other facilities-related costs
for such assets that are not owned by the Bureau: Provided
further, That the term ``satellite school'' means a school
location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing
school in all other respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $124,673,000, to remain available until
September 30, 2020; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up
to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated with
the orderly closure of the United States Bureau of Mines; and
of which $9,000,000 for the Office of Valuation Services is to
be derived from the Land and Water Conservation Fund and shall
remain available until expended; and of which $9,704,000 for
Indian land, mineral, and resource valuation activities shall
remain available until expended: Provided, That funds for
Indian land, mineral, and resource valuation activities may, as
needed, be transferred to and merged with the Bureau of Indian
Affairs and Bureau of Indian Education ``Operation of Indian
Programs'' account and the Office of the Special Trustee for
American Indians ``Federal Trust Programs'' account: Provided
further, That funds made available through contracts or grants
obligated during fiscal year 2019, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That of the amounts made available under this
heading, $400,000 shall be made available to the commission
established by section 3(a) of the Alyce Spotted Bear and
Walter Soboleff Commission on Native Children Act (Public Law
114-244; 130 Stat. 981).
administrative provisions
For fiscal year 2019, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in Lieu
of Taxes Program: Provided, That the amounts provided under
this Act specifically for the Payments in Lieu of Taxes program
are the only amounts available for payments authorized under
chapter 69 of title 31, United States Code: Provided further,
That in the event the sums appropriated for any fiscal year for
payments pursuant to this chapter are insufficient to make the
full payments authorized by that chapter to all units of local
government, then the payment to each local government shall be
made proportionally: Provided further, That the Secretary may
make adjustments to payment to individual units of local
government to correct for prior overpayments or underpayments:
Provided further, That no payment shall be made pursuant to
that chapter to otherwise eligible units of local government if
the computed amount of the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $100,688,000, of which: (1) $91,240,000 shall remain
available until expended for territorial assistance, including
general technical assistance, maintenance assistance, disaster
assistance, coral reef initiative activities, and brown tree
snake control and research; grants to the judiciary in American
Samoa for compensation and expenses, as authorized by law (48
U.S.C. 1661(c)); grants to the Government of American Samoa, in
addition to current local revenues, for construction and
support of governmental functions; grants to the Government of
the Virgin Islands, as authorized by law; grants to the
Government of Guam, as authorized by law; and grants to the
Government of the Northern Mariana Islands , as authorized by
law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000 shall
be available until September 30, 2020, for salaries and
expenses of the Office of Insular Affairs: Provided, That all
financial transactions of the territorial and local governments
herein provided for, including such transactions of all
agencies or instrumentalities established or used by such
governments, may be audited by the Government Accountability
Office, at its discretion, in accordance with chapter 35 of
title 31, United States Code: Provided further, That Northern
Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance
for the Northern Mariana Islands approved by Public Law 104-
134: Provided further, That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement
of capital infrastructure with territorial participation and
cost sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for disaster
assistance under this heading in this Act or previous
appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant
to section 404 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170c).
compact of free association
For grants and necessary expenses, $3,413,000, to remain
available until expended, as provided for in sections 221(a)(2)
and 233 of the Compact of Free Association for the Republic of
Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the Marshall
Islands and the Federated States of Micronesia, as authorized
by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108-188 and Public Law 104-134,
that are allocated for Guam, to the Secretary of Agriculture
for the subsidy cost of direct or guaranteed loans, plus not to
exceed three percent of the amount of the subsidy transferred
for the cost of loan administration, for the purposes
authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act
for construction and repair projects in Guam, and such funds
shall remain available until expended: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such loans or loan guarantees may be
made without regard to the population of the area, credit
elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936
and section 306(a)(1) of the Consolidated Farm and Rural
Development Act: Provided further, That any funds transferred
to the Secretary of Agriculture shall be in addition to funds
otherwise made available to make or guarantee loans under such
authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,674,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$52,486,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $111,540,000, to remain available until expended, of
which not to exceed $19,016,000 from this or any other Act, may
be available for historical accounting: Provided, That funds
for trust management improvements and litigation support may,
as needed, be transferred to or merged with the Bureau of
Indian Affairs and Bureau of Indian Education, ``Operation of
Indian Programs'' account; the Office of the Solicitor,
``Salaries and Expenses'' account; and the Office of the
Secretary, ``Departmental Operations'' account: Provided
further, That funds made available through contracts or grants
obligated during fiscal year 2019, as authorized by the Indian
Self-Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has
not had activity for at least 15 months and has a balance of
$15 or less: Provided further, That the Secretary shall issue
an annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September
30, 2002: Provided further, That erroneous payments that are
recovered shall be credited to and remain available in this
account for this purpose: Provided further, That the Secretary
shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the
Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That
notwithstanding section 102 of the American Indian Trust Fund
Management Reform Act of 1994 (Public Law 103-412) or any other
provision of law, the Secretary may aggregate the trust
accounts of individuals whose whereabouts are unknown for a
continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided further, That with respect to
the eighth proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $941,211,000, to
remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of fire
facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from
which funds were previously transferred for such purposes:
Provided further, That of the funds provided $189,000,000 is
for fuels management activities: Provided further, That of the
funds provided $20,470,000 is for burned area rehabilitation:
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from
funds available from this appropriation: Provided further,
That notwithstanding 42 U.S.C. 1856d, sums received by a bureau
or office of the Department of the Interior for fire protection
rendered pursuant to 42 U.S.C. 1856 et seq., protection of
United States property, may be credited to the appropriation
from which funds were expended to provide that protection, and
are available without fiscal year limitation: Provided
further, That using the amounts designated under this title of
this Act, the Secretary of the Interior may enter into
procurement contracts, grants, or cooperative agreements, for
fuels management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That the
costs of implementing any cooperative agreement between the
Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further,
That notwithstanding requirements of the Competition in
Contracting Act, the Secretary, for purposes of fuels
management activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands
Corps (Public Law 109-154), or related partnerships with State,
local, or nonprofit youth groups; (3) small or micro-
businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or
more, of the project workforce to complete such contracts:
Provided further, That in implementing this section, the
Secretary shall develop written guidance to field units to
ensure accountability and consistent application of the
authorities provided herein: Provided further, That funds
appropriated under this heading may be used to reimburse the
United States Fish and Wildlife Service and the National Marine
Fisheries Service for the costs of carrying out their
responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by
section 7 of such Act, in connection with wildland fire
management activities: Provided further, That the Secretary of
the Interior may use wildland fire appropriations to enter into
leases of real property with local governments, at or below
fair market value, to construct capitalized improvements for
fire facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance
payments for any such lease or for construction activity
associated with the lease: Provided further, That the
Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000,
between the Departments when such transfers would facilitate
and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression
shall be available for support of Federal emergency response
actions: Provided further, That funds appropriated under this
heading shall be available for assistance to or through the
Department of State in connection with forest and rangeland
research, technical information, and assistance in foreign
countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland fire
management, and related natural resource activities outside the
United States and its territories and possessions, including
technical assistance, education and training, and cooperation
with United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant to
the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain
available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until
expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $55,735,000, to remain
available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to
establish reserves in the Working Capital Fund account other
than for accrued annual leave and depreciation of equipment
without prior approval of the Committees on Appropriations of
the House of Representatives and the Senate: Provided further,
That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services
provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further,
That the Secretary may lease or otherwise provide space and
related facilities, equipment or professional services of the
National Indian Program Training Center to State, local and
tribal government employees or persons or organizations engaged
in cultural, educational, or recreational activities (as
defined in section 3306(a) of title 40, United States Code) at
the prevailing rate for similar space, facilities, equipment,
or services in the vicinity of the National Indian Program
Training Center: Provided further, That all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,505,000, to remain available until
September 30, 2020; of which $41,727,000 shall remain available
until expended for the purpose of mineral revenue management
activities: Provided, That notwithstanding any other provision
of law, $15,000 shall be available for refunds of overpayments
in connection with certain Indian leases in which the Secretary
concurred with the claimed refund due, to pay amounts owed to
Indian allottees or tribes, or to correct prior unrecoverable
erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the emergency
reconstruction, replacement, or repair of aircraft, buildings,
utilities, or other facilities or equipment damaged or
destroyed by fire, flood, storm, or other unavoidable causes:
Provided, That no funds shall be made available under this
authority until funds specifically made available to the
Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to
this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of the
several agencies, for the suppression or emergency prevention
of wildland fires on or threatening lands under the
jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or releases
of hazardous substances into the environment; for the
prevention, suppression, and control of actual or potential
grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in
section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for
emergency reclamation projects under section 410 of Public Law
95-87; and shall transfer, from any no year funds available to
the Office of Surface Mining Reclamation and Enforcement, such
funds as may be necessary to permit assumption of regulatory
authority in the event a primacy State is not carrying out the
regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations
incurred during the preceding fiscal year, and for
reimbursement to other Federal agencies for destruction of
vehicles, aircraft, or other equipment in connection with their
use for wildland fire operations, with such reimbursement to be
credited to appropriations currently available at the time of
receipt thereof: Provided further, That for wildland fire
operations, no funds shall be made available under this
authority until the Secretary determines that funds
appropriated for ``wildland fire suppression'' shall be
exhausted within 30 days: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as promptly
as possible: Provided further, That such replenishment funds
shall be used to reimburse, on a pro rata basis, accounts from
which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code, when
authorized by the Secretary, in total amount not to exceed
$500,000; purchase and replacement of motor vehicles, including
specially equipped law enforcement vehicles; hire, maintenance,
and operation of aircraft; hire of passenger motor vehicles;
purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary; and the payment of dues, when
authorized by the Secretary, for library membership in
societies or associations which issue publications to members
only or at a price to members lower than to subscribers who are
not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior appropriations
Acts made under the same headings shall be available for
expenditure or transfer for Indian trust management and reform
activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act
for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base funds,
to alleviate tribal funding inequities by transferring funds to
address identified, unmet needs, dual enrollment, overlapping
service areas or inaccurate distribution methodologies. No
tribe shall receive a reduction in Tribal Priority Allocation
funds of more than 10 percent in fiscal year 2019. Under
circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent
limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York and
the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees
(and other monetary consideration), or by exchange; and the
Secretary is authorized to negotiate and enter into leases,
subleases, concession contracts or other agreements for the use
of such facilities on such terms and conditions as the
Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2019, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in place
at the start of the fiscal year. Fees for fiscal year 2019
shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with
any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells,
with any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2019. Fees for fiscal year
2019 shall be:
(1) $30,500 per inspection for rigs operating in
water depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in
water depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within 30
days of billing. The Secretary shall bill designated operators
under subsection (c) within 30 days of the end of the month in
which the inspection occurred, with payment required within 30
days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected by
the reorganization only in conformance with the reprogramming
guidelines described in the joint explanatory statement
accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41,
United States Code (except that the 5-year term restriction in
subsection (a) shall not apply), for the long-term care and
maintenance of excess wild free roaming horses and burros by
such organizations or entities on private land. Such
cooperative agreements and contracts may not exceed 10 years,
subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a system
of mass marking of salmonid stocks, intended for harvest, that
are released from federally operated or federally financed
hatcheries including but not limited to fish releases of coho,
chinook, and steelhead species. Marked fish must have a visible
mark that can be readily identified by commercial and
recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law,
during fiscal year 2019, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such entities,
except that total obligations at the end of the fiscal year
shall not exceed total budgetary resources available at the end
of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That any
Federal, State, or local government agency receiving excess
wild horses or burros as authorized in this section shall not:
destroy the horses or burros in a way that results in their
destruction into commercial products; sell or otherwise
transfer the horses or burros in a way that results in their
destruction for processing into commercial products; or
euthanize the horses or burros except upon the recommendation
of a licensed veterinarian, in cases of severe injury, illness,
or advanced age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under title
V of the Older Americans Act of 1965 to utilize the talents of
older Americans in programs authorized by other provisions of
law administered by the Secretary and consistent with such
provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals
currently employed by the Department, including partial
displacement through reduction of non-overtime hours,
wages, or employment benefits;
(2) result in the use of an individual under the
Department of the Interior Experienced Services Program
for a job or function in a case in which a Federal
employee is in a layoff status from the same or
substantially equivalent job within the Department; or
(3) affect existing contracts for services.
contribution authority
Sec. 114. Section 113 of Division G of Public Law 113-76
is amended by striking ``2019,'' and inserting ``2024,''.
indiana dunes national lakeshore retitled; paul h. douglas trail
redesignation
Sec. 115. (a) Indiana Dunes National Lake Shore Retitled.--
(1) In general.--Public Law 89-761 (16 U.S.C. 460u
et seq.) is amended--
(A) by striking ``National Lakeshore'' and
``national lakeshore'' each place it appears
and inserting ``National Park''; and
(B) by striking ``lakeshore'' each place it
appears and inserting ``Park''.
(2) Nonapplication.--The amendment made by
subsection (a)(1) shall not apply to--
(A) the title of the map referred to in the
first section of Public Law 89-761 (16 U.S.C.
460u); and
(B) the title of the maps referred to in
section 4 of Public Law 89-761 (16 U.S.C. 460u-
3).
(b) Paul H. Douglas Trail Redesignation.--The 1.6 mile
trail within the Indiana Dunes National Park designated the
``Miller-Woods Trail'' is hereby redesignated as the ``Paul H.
Douglas Trail''.
payments in lieu of taxes (pilt)
Sec. 116. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2018'' and inserting ``fiscal
year 2019''.
technical correction
Sec. 117. Division II of Public Law 104-333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law
114-113, is amended in each of sections 208, 310, and 607, by
striking ``2017'' and inserting ``2019''.
designation of peter b. webster iii memorial area
Sec. 118. (a)(1) The rest area bound by Alexandria Avenue,
West Boulevard Drive, and the George Washington Memorial
Parkway on the Mount Vernon Trail within the George Washington
Memorial Parkway is designated as the ``Peter B. Webster III
Memorial Area''.
(2) Any reference in a law, map, regulation, document,
paper, or other record of the United States to the rest area
described in paragraph (1) shall be deemed to be a reference to
the ``Peter B. Webster III Memorial Area''.
(b)(1) A plaque honoring Peter B. Webster III may be
installed at the Peter B. Webster III Memorial Area on a
signpost, bench, or other appropriate structure, on the
condition that the Director of the National Park Service shall
approve the design and placement of the plaque.
(2) No Federal funds may be used to design, procure,
prepare, or install the plaque authorized under paragraph (1).
(3) The Secretary of the Interior may accept and expend
private contributions for the design, procurement, preparation,
and installation of the plaque authorized under paragraph (1).
obligation of funds
Sec. 119. Amounts appropriated by this Act to the
Department of the Interior shall be available for obligation
and expenditure not later than 60 days after the date of
enactment of this Act.
sage-grouse
Sec. 120. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse
(Centrocercus urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$717,723,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as
specified in the joint explanatory statement accompanying this
Act: Provided further, That of the unobligated balances from
appropriations made available under this heading, $11,250,000
are permanently rescinded: Provided further, That no amounts
may be rescinded pursuant to the preceding proviso from amounts
made available in the first proviso for Research: National
Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger motor
vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not members;
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of
2002; implementation of a coal combustion residual permit
program under section 2301 of the Water and Waste Act of 2016;
and not to exceed $9,000 for official reception and
representation expenses, $2,658,200,000, to remain available
until September 30, 2020: Provided, That of the funds included
under this heading, $15,000,000 shall be for Environmental
Protection: National Priorities as specified in the joint
explanatory statement accompanying this Act: Provided further,
That of the funds included under this heading, $456,958,000
shall be for Geographic Programs specified in the joint
explanatory statement accompanying this Act: Provided further,
That of the unobligated balances from appropriations made
available under this heading, $60,201,000 are permanently
rescinded: Provided further, That no amounts may be rescinded
pursuant to the preceding proviso from amounts made available
in the first proviso for Environmental Protection: National
Priorities, from amounts made available in the second proviso
for Geographic Programs, or from the National Estuary Program
(33 U.S.C. 1330).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year 2019
shall be retained and used for necessary salaries and expenses
in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated
in this paragraph from the general fund for fiscal year 2019
shall be reduced by the amount of discretionary offsetting
receipts received during fiscal year 2019, so as to result in a
final fiscal year 2019 appropriation from the general fund
estimated at not more than $0: Provided further, That to the
extent that amounts realized from such receipts exceed
$5,000,000, those amount in excess of $5,000,000 shall be
deposited in the ``TSCA Service Fee Fund'' as discretionary
offsetting receipts in fiscal year 2019, shall be retained and
used for necessary salaries and expenses in this account, and
shall remain available until expended: Provided further, That
of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount
of any fees appropriated, not less than the amount of
appropriations for that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the
Solid Waste Disposal Act (42 U.S.C. 6939g), including the
development, operation, maintenance, and upgrading of the
hazardous waste electronic manifest system established by such
section, $8,000,000, to remain available until expended:
Provided, That the sum herein appropriated from the general
fund shall be reduced as offsetting collections under such
section 3024 are received during fiscal year 2019, which shall
remain available until expended and be used for necessary
expenses in this appropriation, so as to result in a final
fiscal year 2019 appropriation from the general fund estimated
at not more than $0: Provided further, That to the extent such
offsetting collections received in fiscal year 2019 exceed
$8,000,000, those excess amounts shall remain available until
expended and be used for necessary expenses in this
appropriation.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $41,489,000, to remain available until September 30,
2020.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,467,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and
(e)(4) (42 U.S.C. 9611) $1,091,947,000, to remain available
until expended, consisting of such sums as are available in the
Trust Fund on September 30, 2018, as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $1,091,947,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as
authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $8,778,000 shall be paid to the ``Office of Inspector
General'' appropriation to remain available until September 30,
2020, and $15,496,000 shall be paid to the ``Science and
Technology'' appropriation to remain available until September
30, 2020.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of the
Solid Waste Disposal Act, $91,941,000, to remain available
until expended, of which $66,572,000 shall be for carrying out
leaking underground storage tank cleanup activities authorized
by section 9003(h) of the Solid Waste Disposal Act; $25,369,000
shall be for carrying out the other provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to
implement section 9013 of the Solid Waste Disposal Act to
provide financial assistance to federally recognized Indian
tribes for the development and implementation of programs to
manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,605,041,000, to remain
available until expended, of which--
(1) $1,394,000,000 shall be for making
capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water
Pollution Control Act; and of which $864,000,000 shall
be for making capitalization grants for the Drinking
Water State Revolving Funds under section 1452 of the
Safe Drinking Water Act: Provided, That for fiscal
year 2019, to the extent there are sufficient eligible
project applications and projects are consistent with
State Intended Use Plans, not less than 10 percent of
the funds made available under this title to each State
for Clean Water State Revolving Fund capitalization
grants shall be used by the State for projects to
address green infrastructure, water or energy
efficiency improvements, or other environmentally
innovative activities: Provided further, That for
fiscal year 2019, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each
State, be used for projects to address green
infrastructure, water or energy efficiency
improvements, or other environmentally innovative
activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution
Control Act, the limitation on the amounts in a State
water pollution control revolving fund that may be used
by a State to administer the fund shall not apply to
amounts included as principal in loans made by such
fund in fiscal year 2019 and prior years where such
amounts represent costs of administering the fund to
the extent that such amounts are or were deemed
reasonable by the Administrator, accounted for
separately from other assets in the fund, and used for
eligible purposes of the fund, including
administration: Provided further, That for fiscal year
2019, notwithstanding the provisions of subsections
(g)(1), (h), and (l) of section 201 of the Federal
Water Pollution Control Act, grants made under title II
of such Act for American Samoa, Guam, the commonwealth
of the Northern Marianas, the United States Virgin
Islands, and the District of Columbia may also be made
for the purpose of providing assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2019,
notwithstanding the provisions of such subsections
(g)(1), (h), and (l) of section 201 and section 518(c)
of the Federal Water Pollution Control Act, funds
reserved by the Administrator for grants under section
518(c) of the Federal Water Pollution Control Act may
also be used to provide assistance: (1) solely for
facility plans, design activities, or plans,
specifications, and estimates for any proposed project
for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments:
Provided further, That for fiscal year 2019,
notwithstanding any provision of the Federal Water
Pollution Control Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds
reserved by the Administrator for grants under section
518(c) of such Act may also be used for grants for
training, technical assistance, and educational
programs relating to the operation and management of
the treatment works specified in section 518(c) of such
Act: Provided further, That for fiscal year 2019,
funds reserved under section 518(c) of such Act shall
be available for grants only to Indian tribes, as
defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages as
defined in Public Law 92-203: Provided further, That
for fiscal year 2019, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water
Pollution Control Act, up to a total of 2 percent of
the funds appropriated, or $30,000,000, whichever is
greater, and notwithstanding the limitation on amounts
in section 1452(i) of the Safe Drinking Water Act, up
to a total of 2 percent of the funds appropriated, or
$20,000,000, whichever is greater, for State Revolving
Funds under such Acts may be reserved by the
Administrator for grants under section 518(c) and
section 1452(i) of such Acts: Provided further, That
for fiscal year 2019, notwithstanding the amounts
specified in section 205(c) of the Federal Water
Pollution Control Act, up to 1.5 percent of the
aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may be
reserved by the Administrator for grants made under
title II of the Federal Water Pollution Control Act for
American Samoa, Guam, the Commonwealth of the Northern
Marianas, and United States Virgin Islands: Provided
further, That for fiscal year 2019, notwithstanding the
limitations on amounts specified in section 1452(j) of
the Safe Drinking Water Act, up to 1.5 percent of the
funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water
Act: Provided further, That 10 percent of the funds
made available under this title to each State for Clean
Water State Revolving Fund capitalization grants and 20
percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to
provide additional subsidy to eligible recipients in
the form of forgiveness of principal, negative interest
loans, or grants (or any combination of these), and
shall be so used by the State only where such funds are
provided as initial financing for an eligible recipient
or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt
was incurred on or after the date of enactment of this
Act, or where such debt was incurred prior to the date
of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds
could be used to help address a threat to public health
from heightened exposure to lead in drinking water or
if a Federal or State emergency declaration has been
issued due to a threat to public health from heightened
exposure to lead in a municipal drinking water supply
before the date of enactment of this Act: Provided
further, That in a State in which such an emergency
declaration has been issued, the State may use more
than 20 percent of the funds made available under this
title to the State for Drinking Water State Revolving
Fund capitalization grants to provide additional
subsidy to eligible recipients;
(2) $15,000,000 shall be for architectural,
engineering, planning, design, construction and related
activities in connection with the construction of high
priority water and wastewater facilities in the area of
the United States-Mexico Border, after consultation
with the appropriate border commission: Provided, That
no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the
United States-Mexico border shall be made available to
a county or municipal government unless that government
has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction
the development or construction of any additional
colonia areas, or the development within an existing
colonia the construction of any new home, business, or
other structure which lacks water, wastewater, or other
necessary infrastructure;
(3) $25,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native
Villages: Provided, That of these funds: (A) the State
of Alaska shall provide a match of 25 percent; (B) no
more than 5 percent of the funds may be used for
administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the
Statewide priority list established in conjunction with
the Agency and the U.S. Department of Agriculture for
all water, sewer, waste disposal, and similar projects
carried out by the State of Alaska that are funded
under section 221 of the Federal Water Pollution
Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which
shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $87,000,000 shall be to carry out section
104(k) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA),
including grants, interagency agreements, and
associated program support costs: Provided, That not
more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for
site characterization, assessment, and remediation of
facilities described in section 101(39)(D)(ii)(II) of
CERCLA: Provided further, That at least 10 percent
shall be allocated for assistance in persistent poverty
counties: Provided further, That for purposes of this
section, the term ``persistent poverty counties'' means
any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and
the most recent Small Area Income and Poverty
Estimates;
(5) $87,000,000 shall be for grants under title
VII, subtitle G of the Energy Policy Act of 2005;
(6) $52,000,000 shall be for targeted airshed
grants in accordance with the terms and conditions in
the joint explanatory statement accompanying this Act;
(7) $4,000,000 shall be to carry out the water
quality program authorized in section 5004(d) of the
Water Infrastructure Improvements for the Nation Act
(Public Law 114-322); and
(8) $1,077,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal
consortia, and air pollution control agencies for
multi-media or single media pollution prevention,
control and abatement and related activities, including
activities pursuant to the provisions set forth under
this heading in Public Law 104-134, and for making
grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection
activities subject to terms and conditions specified by
the Administrator, of which: $47,745,000 shall be for
carrying out section 128 of CERCLA; $9,646,000 shall be
for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000
shall be for grants to States under section 2007(f)(2)
of the Solid Waste Disposal Act, which shall be in
addition to funds appropriated under the heading
``Leaking Underground Storage Tank Trust Fund Program''
to carry out the provisions of the Solid Waste Disposal
Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available
for grants under section 106 of the Federal Water
Pollution Control Act shall be for State participation
in national- and State-level statistical surveys of
water resources and enhancements to State monitoring
programs; $11,000,000 shall be for multipurpose grants,
including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize gross obligations for the
principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$610,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance and
Innovation Act of 2014 shall be deposited in this account, to
remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act of
2014, $5,000,000, to remain available until September 30, 2020.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or authorized
by law in the absence of an acceptable tribal program, may
award cooperative agreements to federally recognized Indian
tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized
by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA (7
U.S.C. 136w-8) for fiscal year 2019.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal department
or agency, with the concurrence of such head, to carry out
activities that would support the Great Lakes Restoration
Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; to enter into an interagency agreement
with the head of such Federal department or agency to carry out
these activities; and to make grants to governmental entities,
nonprofit organizations, institutions, and individuals for
planning, research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000 per
project.
For fiscal year 2019, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts appropriated
for any fiscal year under section 319 of the Act to make grants
to Indian tribes pursuant to sections 319(h) and 518(e) of that
Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2019 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $139,078,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as
an emergency requirement pursuant to the Concurrent Resolution
on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985 or from amounts that were made available by
subsection (a) of section 196 of the Continuing Appropriations
Act, 2017 (division C of Public Law 114-223), as amended by the
Further Continuing and Security Assistance Appropriations Act,
2017 (Public Law 114-254).
Notwithstanding the limitations on amounts in section
320(i)(2)(B) of the Federal Water Pollution Control Act, not
less than $1,000,000 of the funds made available under this
title for the National Estuary Program shall be for making
competitive awards described in section 320(g)(4).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries and
expenses are available to fund up to one administrative support
staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through
September 30, 2022: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management, and
conducting an international program as authorized,
$336,990,000, to remain available through September 30, 2022,
as authorized by law; of which $63,990,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $1,503,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed
projects that had funds returned: Provided, That no amounts
may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands, $1,938,000,000,
to remain available through September 30, 2022: Provided, That
of the funds provided, $40,000,000 shall be deposited in the
Collaborative Forest Landscape Restoration Fund for ecological
restoration treatments as authorized by 16 U.S.C. 7303(f):
Provided further, That of the funds provided, $368,000,000
shall be for forest products: Provided further, That of the
funds provided, $435,000,000 shall be for hazardous fuels
management activities, of which not to exceed $15,000,000 may
be used to make grants, using any authorities available to the
Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $20,000,000 may be used by the Secretary
of Agriculture to enter into procurement contracts or
cooperative agreements or to issue grants for hazardous fuels
management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding section
33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the
Secretary of Agriculture, in calculating a fee for grazing on a
National Grassland, may provide a credit of up to 50 percent of
the calculated fee to a Grazing Association or direct permittee
for a conservation practice approved by the Secretary in
advance of the fiscal year in which the cost of the
conservation practice is incurred. And, that the amount
credited shall remain available to the Grazing Association or
the direct permittee, as appropriate, in the fiscal year in
which the credit is made and each fiscal year thereafter for
use on the project for conservation practices approved by the
Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $446,000,000, to remain available through
September 30, 2022, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23 U.S.C.
101 and 205: Provided, That funds becoming available in fiscal
year 2019 under the Act of March 4, 1913 (16 U.S.C. 501) shall
be transferred to the General Fund of the Treasury and shall
not be available for transfer or obligation for any other
purpose unless the funds are appropriated.
land acquisition
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or waters,
or interest therein, in accordance with statutory authority
applicable to the Forest Service, $72,564,000, to be derived
from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2022, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant to
section 401(b)(1) of Public Law 94-579, to remain available
through September 30, 2022, of which not to exceed 6 percent
shall be available for administrative expenses associated with
on-the-ground range rehabilitation, protection, and
improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2022, to be derived from
the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2022.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or other
lands under fire protection agreement, and for emergency
rehabilitation of burned-over National Forest System lands and
water, $3,004,986,000, to remain available through September
30, 2022: Provided, That such funds including unobligated
balances under this heading, are available for repayment of
advances from other appropriations accounts previously
transferred for such purposes: Provided further, That any
unobligated funds appropriated in a previous fiscal year for
hazardous fuels management may be transferred to the ``National
Forest System'' account: Provided further, That such funds
shall be available to reimburse State and other cooperating
entities for services provided in response to wildfire and
other emergencies or disasters to the extent such
reimbursements by the Forest Service for non-fire emergencies
are fully repaid by the responsible emergency management
agency: Provided further, That funds provided shall be
available for support to Federal emergency response: Provided
further, That the costs of implementing any cooperative
agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected
parties: Provided further, That funds designated for wildfire
suppression, shall be assessed for cost pools on the same basis
as such assessments are calculated against other agency
programs.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease, operation,
maintenance, and acquisition of aircraft to maintain the
operable fleet for use in Forest Service wildland fire programs
and other Forest Service programs; notwithstanding other
provisions of law, existing aircraft being replaced may be
sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein
pursuant to 7 U.S.C. 428a; (5) for expenses pursuant to the
Volunteers in the National Forest Act of 1972 (16 U.S.C. 558a,
558d, and 558a note); (6) the cost of uniforms as authorized by
5 U.S.C. 5901-5902; and (7) for debt collection contracts in
accordance with 31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency rehabilitation
of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning
conditions upon the Secretary's notification of the House and
Senate Committees on Appropriations that all fire suppression
funds appropriated under the heading ``Wildland Fire
Management'' will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire management,
hazardous fuels management, and State fire assistance when such
transfers would facilitate and expedite wildland fire
management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain available
through September 30, 2022: Provided, That none of the funds
transferred pursuant to this section shall be available for
obligation without written notification to and the prior
approval of the Committees on Appropriations of both Houses of
Congress: Provided further, That this section does not apply
to funds derived from the Land and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries, and
shall be available to support forestry and related natural
resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private, and
international organizations. The Forest Service, acting for the
International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic
agencies (including the U.S. Agency for International
Development, the Department of State, and the Millennium
Challenge Corporation), U.S. private sector firms, institutions
and organizations to provide technical assistance and training
programs overseas on forestry and rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and
adoption of excess wild horses and burros from National Forest
System lands, and for the performance of cadastral surveys to
designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257), section 442 of Public Law 106-224 (7 U.S.C. 7772), or
section 10417(b) of Public Law 107-171 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the joint explanatory
statement accompanying this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of
funds available to the Forest Service shall be transferred to
the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing in
this paragraph shall prohibit or limit the use of reimbursable
agreements requested by the Forest Service in order to obtain
services from the Department of Agriculture's National
Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within the
scope of the approved budget, which shall be carried out by the
Youth Conservation Corps and shall be carried out under the
authority of the Public Lands Corps Act of 1993 (16 U.S.C. 1721
et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National Forest
Foundation to aid conservation partnership projects in support
of the Forest Service mission, without regard to when the
Foundation incurs expenses, for projects on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available
to the Foundation, no more than $300,000 shall be available for
administrative expenses: Provided further, That the Foundation
shall obtain, by the end of the period of Federal financial
assistance, private contributions to match funds made available
by the Forest Service on at least a one-for-one basis:
Provided further, That the Foundation may transfer Federal
funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal
matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
sum to aid cost-share conservation projects, without regard to
when expenses are incurred, on or benefitting National Forest
System lands or related to Forest Service programs: Provided,
That such funds shall be matched on at least a one-for-one
basis by the Foundation or its sub-recipients: Provided
further, That the Foundation may transfer Federal funds to a
Federal or non-Federal recipient for a project at the same rate
that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2), and
section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of the
Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not to
exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance or
participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil litigation.
Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the sums requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the close
of each fiscal quarter all current and prior year unobligated
balances, by fiscal year, budget line item and account, to the
House and Senate Committees on Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,103,190,000, to
remain available until September 30, 2020, except as otherwise
provided herein, together with payments received during the
fiscal year pursuant to sections 231(b) and 233 of the Public
Health Service Act (42 U.S.C. 238(b), 238b), for services
furnished by the Indian Health Service: Provided, That funds
made available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$964,819,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds
provided, up to $44,000,000 shall remain available until
expended for implementation of the loan repayment program under
section 108 of the Indian Health Care Improvement Act:
Provided further, That of the funds provided, $36,000,000 shall
remain available until expended to supplement funds available
for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact
or contract where health care is delivered in space acquired
through a full service lease, which is not eligible for
maintenance and improvement and equipment funds from the Indian
Health Service, and $58,000,000 shall be for costs related to
or resulting from accreditation emergencies, of which up to
$4,000,000 may be used to supplement amounts otherwise
available for Purchased/Referred Care: Provided further, That
the amounts collected by the Federal Government as authorized
by sections 104 and 108 of the Indian Health Care Improvement
Act (25 U.S.C. 1613a and 1616a) during the preceding fiscal
year for breach of contracts shall be deposited to the Fund
authorized by section 108A of that Act (25 U.S.C. 1616a-1) and
shall remain available until expended and, notwithstanding
section 108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall
be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of that Act (25
U.S.C. 1613a and 1616a): Provided further, That the amounts
made available within this account for the Substance Abuse and
Suicide Prevention Program, for Opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for aftercare pilot
programs at Youth Regional Treatment Centers, to improve
collections from public and private insurance at Indian Health
Service and tribally operated facilities, and for accreditation
emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds
provided in this Act may be used for annual contracts and
grants for which the performance period falls within 2 fiscal
years, provided the total obligation is recorded in the year
the funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under
the authority of title IV of the Indian Health Care Improvement
Act shall remain available until expended for the purpose of
achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security
Act, except for those related to the planning, design, or
construction of new facilities: Provided further, That funding
contained herein for scholarship programs under the Indian
Health Care Improvement Act shall remain available until
expended: Provided further, That amounts received by tribes
and tribal organizations under title IV of the Indian Health
Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations
until expended: Provided further, That the Bureau of Indian
Affairs may collect from the Indian Health Service, and from
tribes and tribal organizations operating health facilities
pursuant to Public Law 93-638, such individually identifiable
health information relating to disabled children as may be
necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That of the funds provided,
$72,280,000 is for the Indian Health Care Improvement Fund and
may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account: Provided
further, That the accreditation emergency funds may be used, as
needed, to carry out activities typically funded under the
Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with the
Indian Health Service for fiscal year 2019, such sums as may be
necessary: Provided, That notwithstanding any other provision
of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities, including
quarters for personnel; preparation of plans, specifications,
and drawings; acquisition of sites, purchase and erection of
modular buildings, and purchases of trailers; and for provision
of domestic and community sanitation facilities for Indians, as
authorized by section 7 of the Act of August 5, 1954 (42 U.S.C.
2004a), the Indian Self-Determination Act, and the Indian
Health Care Improvement Act, and for expenses necessary to
carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities
support activities of the Indian Health Service, $878,806,000,
to remain available until expended: Provided, That
notwithstanding any other provision of law, funds appropriated
for the planning, design, construction, renovation or expansion
of health facilities for the benefit of an Indian tribe or
tribes may be used to purchase land on which such facilities
will be located: Provided further, That not to exceed $500,000
may be used by the Indian Health Service to purchase TRANSAM
equipment from the Department of Defense for distribution to
the Indian Health Service and tribal facilities: Provided
further, That none of the funds appropriated to the Indian
Health Service may be used for sanitation facilities
construction for new homes funded with grants by the housing
programs of the United States Department of Housing and Urban
Development: Provided further, That not to exceed $2,700,000
from this account and the ``Indian Health Services'' account
may be used by the Indian Health Service to obtain ambulances
for the Indian Health Service and tribal facilities in
conjunction with an existing interagency agreement between the
Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate equivalent
to the maximum rate payable for senior-level positions under 5
U.S.C. 5376; hire of passenger motor vehicles and aircraft;
purchase of medical equipment; purchase of reprints; purchase,
renovation and erection of modular buildings and renovation of
existing facilities; payments for telephone service in private
residences in the field, when authorized under regulations
approved by the Secretary of Health and Human Services;
uniforms or allowances therefor as authorized by 5 U.S.C. 5901-
5902; and for expenses of attendance at meetings that relate to
the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian
Health Care Improvement Act, non-Indian patients may be
extended health care at all tribally administered or Indian
Health Service facilities, subject to charges, and the proceeds
along with funds recovered under the Federal Medical Care
Recovery Act (42 U.S.C. 2651-2653) shall be credited to the
account of the facility providing the service and shall be
available without fiscal year limitation: Provided further,
That notwithstanding any other law or regulation, funds
transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be administered
under Public Law 86-121, the Indian Sanitation Facilities Act
and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except
those used for administrative and program direction purposes,
shall not be subject to limitations directed at curtailing
Federal travel and transportation: Provided further, That none
of the funds made available to the Indian Health Service in
this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved
by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That
notwithstanding any other provision of law, funds previously or
herein made available to a tribe or tribal organization through
a contract, grant, or agreement authorized by title I or title
V of the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 5321 et seq. (title I), 5381 et seq. (title
V)), may be deobligated and reobligated to a self-determination
contract under title I, or a self-governance agreement under
title V of such Act and thereafter shall remain available to
the tribe or tribal organization without fiscal year
limitation: Provided further, That none of the funds made
available to the Indian Health Service in this Act shall be
used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and
Human Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into
law: Provided further, That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to
provide goods and services to those entities on a reimbursable
basis, including payments in advance with subsequent
adjustment, and the reimbursements received therefrom, along
with the funds received from those entities pursuant to the
Indian Self-Determination Act, may be credited to the same or
subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training,
technical assistance, or services provided by the Indian Health
Service will contain total costs, including direct,
administrative, and overhead costs associated with the
provision of goods, services, or technical assistance:
Provided further, That the Indian Health Service may provide to
civilian medical personnel serving in hospitals operated by the
Indian Health Service housing allowances equivalent to those
that would be provided to members of the Commissioned Corps of
the United States Public Health Service serving in similar
positions at such hospitals: Provided further, That the
appropriation structure for the Indian Health Service may not
be altered without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $79,000,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) and section 3019 of the Solid Waste Disposal Act,
$74,691,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing,
clinical evaluations, medical monitoring, and referral to
accredited healthcare providers: Provided further, That in
performing any such health assessment or health study,
evaluation, or activity, the Administrator of ATSDR shall not
be bound by the deadlines in section 104(i)(6)(A) of CERCLA:
Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of
40 toxicological profiles pursuant to section 104(i) of CERCLA
during fiscal year 2019, and existing profiles may be updated
as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation expenses,
$2,994,000: Provided, That notwithstanding section 202 of the
National Environmental Policy Act of 1970, the Council shall
consist of one member, appointed by the President, by and with
the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed the
per diem equivalent to the maximum rate payable for senior
level positions under 5 U.S.C. 5376, $12,000,000: Provided,
That the Chemical Safety and Hazard Investigation Board (Board)
shall have not more than three career Senior Executive Service
positions: Provided further, That notwithstanding any other
provision of law, the individual appointed to the position of
Inspector General of the Environmental Protection Agency (EPA)
shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of
Inspector General of EPA in performing the duties of the
Inspector General of the Board, and shall not appoint any
individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$8,750,000, to remain available until expended: Provided, That
funds provided in this or any other appropriations Act are to
be used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds contained
in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo
family who, as of November 30, 1985, was physically domiciled
on the lands partitioned to the Hopi Tribe unless a new or
replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office
shall relocate any certified eligible relocatees who have
selected and received an approved homesite on the Navajo
reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of
Public Law 93-531 (88 Stat. 1716): Provided further, That
$1,000,000 shall be transferred to the Office of the Inspector
General of the Department of the Interior, to remain available
until expended, for audits and investigations of the Office of
Navajo and Hopi Indian Relocation, consistent with the
Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A of
title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,960,000, which shall become available on July 1, 2019, and
shall remain available until September 30, 2020.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance programs;
maintenance, alteration, operation, lease agreements of no more
than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized
by 5 U.S.C. 3109; and purchase, rental, repair, and cleaning of
uniforms for employees, $739,994,000, to remain available until
September 30, 2020, except as otherwise provided herein; of
which not to exceed $6,917,000 for the instrumentation program,
collections acquisition, exhibition reinstallation, and the
repatriation of skeletal remains program shall remain available
until expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments to
independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by section
2 of the Act of August 22, 1949 (63 Stat. 623), and for
construction, including necessary personnel, $303,503,000, to
remain available until expended, of which not to exceed $10,000
shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by the
Act of March 24, 1937 (50 Stat. 51), as amended by the public
resolution of April 13, 1939 (Public Resolution 9, Seventy-
sixth Congress), including services as authorized by 5 U.S.C.
3109; payment in advance when authorized by the treasurer of
the Gallery for membership in library, museum, and art
associations or societies whose publications or services are
available to members only, or to members at a price lower than
to the general public; purchase, repair, and cleaning of
uniforms for guards, and uniforms, or allowances therefor, for
other employees as authorized by law (5 U.S.C. 5901-5902);
purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such
rates or prices and under such terms and conditions as the
Gallery may deem proper, $144,202,000, to remain available
until September 30, 2020, of which not to exceed $3,640,000 for
the special exhibition program shall remain available until
expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years, that
address space needs created by the ongoing renovations in the
Master Facilities Plan, as authorized, $24,203,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair
or renovation of buildings of the National Gallery of Art may
be negotiated with selected contractors and awarded on the
basis of contractor qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$24,490,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $16,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as authorized
by 5 U.S.C. 3109, $12,000,000, to remain available until
September 30, 2020.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000 shall
be available to the National Endowment for the Arts for the
support of projects and productions in the arts, including arts
education and public outreach activities, through assistance to
organizations and individuals pursuant to section 5 of the Act,
for program support, and for administering the functions of the
Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000 to
remain available until expended, of which $141,750,000 shall be
available for support of activities in the humanities, pursuant
to section 7(c) of the Act and for administering the functions
of the Act; and $13,250,000 shall be available to carry out the
matching grants program pursuant to section 10(a)(2) of the
Act, including $11,250,000 for the purposes of section 7(h):
Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may
be equal to the total amounts of gifts, bequests, devises of
money, and other property accepted by the chairman or by
grantees of the National Endowment for the Humanities under the
provisions of sections 11(a)(2)(B) and 11(a)(3)(B) during the
current and preceding fiscal years for which equal amounts have
not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18
U.S.C. 1913: Provided, That none of the funds appropriated to
the National Foundation on the Arts and the Humanities may be
used for official reception and representation expenses:
Provided further, That funds from nonappropriated sources may
be used as necessary for official reception and representation
expenses: Provided further, That the Chairperson of the
National Endowment for the Arts may approve grants of up to
$10,000, if in the aggregate the amount of such grants does not
exceed 5 percent of the sums appropriated for grantmaking
purposes per year: Provided further, That such small grant
actions are taken pursuant to the terms of an expressed and
direct delegation of authority from the National Council on the
Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,771,000: Provided, That
the Commission is authorized to charge fees to cover the full
costs of its publications, and such fees shall be credited to
this account as an offsetting collection, to remain available
until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts,
including objects, papers, artwork, drawings and artifacts,
that pertain to the history and design of the Nation's Capital
or the history and activities of the Commission of Fine Arts,
for the purpose of artistic display, study, or education:
Provided further, That one-tenth of one percent of the funds
provided under this heading may be used for official reception
and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,890,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,099,000:
Provided, That one-quarter of 1 percent of the funds provided
under this heading may be used for official reception and
representational expenses associated with hosting international
visitors engaged in the planning and physical development of
world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$59,000,000, of which $1,715,000 shall remain available until
September 30, 2021, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,264,000 for the Museum's outreach
initiatives program shall remain available until expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
salaries and expenses
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission, $7,000,000,
to remain available until expended: Provided, That in addition
to the authority provided by section 6(g) of such Act, the
World War I Commission may accept money, in-kind personnel
services, contractual support, or any appropriate support from
any executive branch agency for activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall
be presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary
on or before September 30, 1994; and (2) all requirements
established under sections 2325 and 2326 of the Revised
Statutes (30 U.S.C. 29 and 30) for vein or lode claims,
sections 2329, 2330, 2331, and 2333 of the Revised Statutes (30
U.S.C. 35, 36, and 37) for placer claims, and section 2337 of
the Revised Statutes (30 U.S.C. 42) for mill site claims, as
the case may be, were fully complied with by the applicant by
that date.
(c) Report.--On September 30, 2020, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the
plan submitted pursuant to section 314(c) of the Department of
the Interior and Related Agencies Appropriations Act, 1997
(Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of Land
Management to conduct a mineral examination of the mining
claims or mill sites contained in a patent application as set
forth in subsection (b). The Bureau of Land Management shall
have the sole responsibility to choose and pay the third-party
contractor in accordance with the standard procedures employed
by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2019.
contract support costs, fiscal year 2019 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2019 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2019
with the Bureau of Indian Affairs or the Indian Health Service:
Provided, That such amounts provided by this Act are not
available for payment of claims for contract support costs for
prior years, or for repayments of payments for settlements or
judgments awarding contract support costs for prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of the
Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years
have passed without revision of the plan for a unit of the
National Forest System. Nothing in this section exempts the
Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding
available, to revise a plan for a unit of the National Forest
System, this section shall be void with respect to such plan
and a court of proper jurisdiction may order completion of the
plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply
to funds appropriated to implement the Everglades National Park
Protection and Expansion Act of 1989, or to funds appropriated
for Federal assistance to the State of Florida to acquire lands
for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and
stumpage costs and provide a normal profit and risk allowance
under the Forest Service's appraisal process) when appraised
using a residual value appraisal. The western red cedar timber
from those sales which is surplus to the needs of the domestic
processors in Alaska, shall be made available to domestic
processors in the contiguous 48 United States at prevailing
domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic
processors may be exported to foreign markets at the election
of the timber sale holder. All Alaska yellow cedar may be sold
at prevailing export prices at the election of the timber sale
holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is
entered into in accordance with the requirements of Chapter 33
of title 41, United States Code, or Chapter 137 of title 10,
United States Code, and the Federal Acquisition Regulation,
unless--
(1) Federal law specifically authorizes a contract
to be entered into without regard for these
requirements, including formula grants for States, or
federally recognized Indian tribes;
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law
93-638, 25 U.S.C. 450 et seq.) or by any other Federal
laws that specifically authorize a contract within an
Indian tribe as defined in section 4(e) of that Act (25
U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve the
national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less than
45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual
for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to
ensure that no funding provided through a grant, except
a grant made to a State or local arts agency, or
regional group, may be used to make a grant to any
other organization or individual to conduct activity
independent of the direct grant recipient. Nothing in
this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to
a group, unless the application is specific to the
contents of the season, including identified programs
or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this Act,
the Chairperson of the National Endowment for the Arts shall
ensure that priority is given to providing services or awarding
financial assistance for projects, productions, workshops, or
programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a
population of individuals, including urban minorities,
who have historically been outside the purview of arts
and humanities programs due to factors such as a high
incidence of income below the poverty line or to
geographic isolation.
(2) The term ``poverty line'' means the poverty
line (as defined by the Office of Management and
Budget, and revised annually in accordance with section
673(2) of the Community Services Block Grant Act (42
U.S.C. 9902(2))) applicable to a family of the size
involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act of
1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance
for projects, productions, workshops, or programs that will
encourage public knowledge, education, understanding, and
appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and Humanities
Act of 1965--
(1) the Chairperson shall establish a grant
category for projects, productions, workshops, or
programs that are of national impact or availability or
are able to tour several States;
(2) the Chairperson shall not make grants exceeding
15 percent, in the aggregate, of such funds to any
single State, excluding grants made under the authority
of paragraph (1);
(3) the Chairperson shall report to the Congress
annually and by State, on grants awarded by the
Chairperson in each grant category under section 5 of
such Act; and
(4) the Chairperson shall encourage the use of
grants to improve and support community-based music
performance and education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds in
each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may be
used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42
U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, water
vapor, or methane emissions resulting from biological processes
associated with livestock production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under the
Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any
other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
extension of grazing permits
Sec. 420. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing permits
issued by the Forest Service on any lands not subject to
administration under section 402 of the Federal Lands Policy
and Management Act (43 U.S.C. 1752), shall remain in effect for
fiscal year 2019.
funding prohibition
Sec. 421. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 422. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2018'' and
inserting ``2019''.
use of american iron and steel
Sec. 423. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12)
shall be used for a project for the construction, alteration,
maintenance, or repair of a public water system or treatment
works unless all of the iron and steel products used in the
project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent
with the public interest;
(2) iron and steel products are not produced in the
United States in sufficient and reasonably available
quantities and of a satisfactory quality; or
(3) inclusion of iron and steel products produced
in the United States will increase the cost of the
overall project by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based on
the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the
requirements of this section.
midway island
Sec. 424. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway Island
that have been recommended by the United States Navy for
inclusion in the National Register of Historic Places (54
U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 425. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out section
4(a)(1)(H), $24,490,000 for fiscal year 2019.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,800,000 for fiscal year 2019.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 426. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training and equipment, including supplies
and communication devices. Notwithstanding 121(c) of title 40,
United States Code, or section 521 of title 40, United States
Code, the Secretary is further authorized to transfer title to
excess Department of the Interior firefighting equipment no
longer needed to carry out the functions of the Department's
wildland fire management program to such organizations.
recreation fees
Sec. 427. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2020'' for ``September 30, 2019''.
policies relating to biomass energy
Sec. 428. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal
departments and agencies; and
(B) recognizes the full benefits of the use
of forest biomass for energy, conservation, and
responsible forest management; and
(2) establish clear and simple policies for the use
of forest biomass as an energy solution, including
policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable
energy source, provided the use of forest
biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout
the forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement
operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve
forest health; and
(D) recognize State initiatives to produce
and use forest biomass.
infrastructure
Sec. 429. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$68,000,000, of which $60,000,000 shall be for the Superfund
Remedial program and $8,000,000 shall be for the Superfund
Emergency Response and Removal program, to remain available
until expended, consisting of such sums as are available in the
Trust Fund on September 30, 2018, as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of
1986 (SARA) and up to $68,000,000 as a payment from general
revenues to the Hazardous Substance Superfund for purposes as
authorized by section 517(b) of SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for environmental
programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $665,000,000 to remain available until
expended, of which--
(1) $300,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under
title VI of the Federal Water Pollution Control Act;
and of which $300,000,000 shall be for making
capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking
Water Act;
(2) $25,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of
the Water Infrastructure Improvements for the Nation
Act (Public Law 114-322);
(3) $25,000,000 shall be for grants for lead
testing in school and child care program drinking water
authorized in section 2107 of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322);
(4) $15,000,000 shall be for grants for reducing
lead in drinking water authorized in section 2105 of
the Water Infrastructure Improvements for the Nation
Act (Public Law 114-322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $58,000,000, to remain available until expended, for
the cost of direct loans, for the cost of guaranteed loans, and
for administrative expenses to carry out the direct and
guaranteed loan programs, of which $3,000,000, to remain
available until September 30, 2020, may be used for such
administrative expenses: Provided, That these additional funds
are available to subsidize gross obligations for the principal
amount of direct loans, including capitalized interest, and
total loan principal, including capitalized interest, any part
of which is to be guaranteed, not to exceed $6,700,000,000.
small remote incinerators
Sec. 430. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on March
21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with respect
to units in the State of Alaska that are defined as ``small,
remote incinerator'' units in those regulations and, until a
subsequent regulation is issued, the Administrator shall
implement the law and regulations in effect prior to such date.
clarification of exemptions
Sec. 431. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations Act,
2019''.
DIVISION F--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,947,952,000, of
which up to $671,726,000 may remain available until September
30, 2020, and of which up to $1,469,777,000 may remain
available until expended for Worldwide Security Protection:
Provided, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) as
follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948, $2,871,794,000, of which up to
$528,000,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,338,227,000.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State, including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation and disarmament activities as
authorized, $773,847,000.
(4) Security programs.--For necessary expenses for
security activities, $964,084,000, of which up to
$941,777,000 is for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $5,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be
derived from reimbursements, surcharges, and
fees for use of Blair House facilities.
(6) Transfer of funds, reprogramming, and other
matters.--
(A) Notwithstanding any other provision of
this Act, funds may be reprogrammed within and
between paragraphs (1) through (4) under this
heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made
available by this Act under the heading
``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading
are available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to section
1108(g) of title 31, United States Code, for
the field examination of programs and
activities in the United States funded from any
account contained in this title.
(D) Funds appropriated under this heading
that are designated for Worldwide Security
Protection shall continue to be made available
for support of security-related training at
sites in existence prior to the enactment of
this Act.
(7) Clarification.--References to the ``Diplomatic
and Consular Programs'' account in any provision of law
shall be construed to include the ``Diplomatic
Programs'' account in this Act and other Acts making
appropriations for the Department of State, foreign
operations, and related programs.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $92,770,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$90,829,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 3929(a)(1)), as it relates to
post inspections: Provided, That of the funds appropriated
under this heading, $13,624,000 may remain available until
September 30, 2020.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs,
as authorized, $700,946,000, to remain available until
expended, of which not less than $271,500,000 shall be for the
Fulbright Program and not less than $111,860,000 shall be for
Citizen Exchange Program: Provided, That fees or other
payments received from, or in connection with, English
teaching, educational advising and counseling programs, and
exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further,
That a portion of the Fulbright awards from the Eurasia and
Central Asia regions shall be designated as Edmund S. Muskie
Fellowships, following consultation with the Committees on
Appropriations: Provided further, That any substantive
modifications from the prior fiscal year to programs funded by
this Act under this heading shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $30,890,000, to remain available until
September 30, 2020.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for real property that are
owned or leased by the Department of State, and renovating, in
addition to funds otherwise available, the Harry S Truman
Building, $777,200,000, to remain available until September 30,
2023, of which not to exceed $25,000 may be used for overseas
representation expenses as authorized: Provided, That none of
the funds appropriated in this paragraph shall be available for
acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $1,198,249,000, to
remain available until expended: Provided, That not later than
45 days after enactment of this Act, the Secretary of State
shall submit to the Committees on Appropriations the proposed
allocation of funds made available under this heading and the
actual and anticipated proceeds of sales or gifts for all
projects in fiscal year 2019.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, as authorized, $7,885,000, to remain
available until expended, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account'':
Provided, That $800,000 of the funds appropriated under this
heading may not be obligated until the Secretary of State
testifies before the Committees on Appropriations concerning
the fiscal year 2020 budget request for the Department of
State: Provided further, That the limitation of the previous
proviso shall not apply if such funds are necessary for
emergency evacuations and the payment of rewards for
information related to international terrorism, narcotics
related activities, transnational organized crime, and war
crimes as authorized by section 36 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708).
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $5,686,032.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees
collected from other executive agencies for lease or use of
facilities at the International Center in accordance with
section 4 of the International Center Act (Public Law 90-553),
and, in addition, as authorized by section 5 of such Act,
$743,000, to be derived from the reserve authorized by such
section, to be used for the purposes set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and
Disability Fund, as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions, or specific Acts
of Congress, $1,264,030,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That not later than
May 1, 2019, and 30 days after the end of fiscal year 2019, the
Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States,
including from the United Nations Tax Equalization Fund, and
provide updated fiscal year 2019 and fiscal year 2020
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further,
That any such credits shall only be available for United States
assessed contributions to the United Nations regular budget,
and the Committees on Appropriations shall be notified when
such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That
any notification regarding funds appropriated or otherwise made
available under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs submitted pursuant to section 7015 of this
Act, section 34 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2706), or any operating plan submitted
pursuant to section 7070 of this Act, shall include an estimate
of all known credits currently attributable to the United
States and provide updated assessment costs including offsets
from available credits and updated foreign currency exchange
rates: Provided further, That any payment of arrearages under
this heading shall be directed to activities that are mutually
agreed upon by the United States and the respective
international organization and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That none of the funds appropriated under
this heading shall be available for a United States
contribution to an international organization for the United
States share of interest costs made known to the United States
Government by such organization for loans incurred on or after
October 1, 1984, through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$562,344,000, of which 15 percent shall remain available until
September 30, 2020: Provided, That none of the funds made
available by this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for such mission in the
United Nations Security Council (or in an emergency as far in
advance as is practicable), the Committees on Appropriations
are notified of: (1) the estimated cost and duration of the
mission, the objectives of the mission, the national interest
that will be served, and the exit strategy; and (2) the sources
of funds, including any reprogrammings or transfers, that will
be used to pay the cost of the new or expanded mission, and the
estimated cost in future fiscal years: Provided further, That
none of the funds appropriated under this heading may be made
available for obligation unless the Secretary of State
certifies and reports to the Committees on Appropriations on a
peacekeeping mission-by-mission basis that the United Nations
is implementing effective policies and procedures to prevent
United Nations employees, contractor personnel, and
peacekeeping troops serving in such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of sexual exploitation and abuse or other violations of human
rights, and to hold accountable individuals who engage in such
acts while participating in such mission, including prosecution
in their home countries and making information about such
prosecutions publicly available on the website of the United
Nations: Provided further, That the Secretary of State shall
work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines
that United States manufacturers and suppliers are not being
given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers:
Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for any
United Nations peacekeeping mission that will involve United
States Armed Forces under the command or operational control of
a foreign national, unless the President's military advisors
have submitted to the President a recommendation that such
involvement is in the national interest of the United States
and the President has submitted to Congress such a
recommendation: Provided further, That not later than May 1,
2019, and 30 days after the end of fiscal year 2019, the
Secretary of State shall report to the Committees on
Appropriations any credits attributable to the United States,
including those resulting from United Nations peacekeeping
missions or the United Nations Tax Equalization Fund, and
provide updated fiscal year 2019 and fiscal year 2020
assessment costs including offsets from available credits:
Provided further, That any such credits shall only be available
for United States assessed contributions to United Nations
peacekeeping missions, and the Committees on Appropriations
shall be notified when such credits are applied to any assessed
contribution, including any payment of arrearages: Provided
further, That any notification regarding funds appropriated or
otherwise made available under this heading in this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs submitted pursuant to
section 7015 of this Act, section 34 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2706), or any
operating plan submitted pursuant to section 7070 of this Act,
shall include an estimate of all known credits currently
attributable to the United States and provide updated
assessment costs, including offsets from available credits:
Provided further, That any payment of arrearages with funds
appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall work with
the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and
to consider a draw down when mission goals have been
substantially achieved.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation
expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for,
$48,134,000.
construction
For detailed plan preparation and construction of
authorized projects, $29,400,000, to remain available until
expended, as authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103-182), $13,258,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, up to $500,000 may remain available until September
30, 2020, and $9,000 may be made available for representation
expenses: Provided further, That of the amount provided under
this heading for the International Boundary Commission, $1,000
may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$50,651,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to section 3324 of title 31, United States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for
radio, Internet, and television broadcasting to the Middle
East, $798,196,000: Provided, That in addition to amounts
otherwise available for such purposes, up to $34,508,000 of the
amount appropriated under this heading may remain available
until expended for satellite transmissions and Internet freedom
programs, of which not less than $13,800,000 shall be for
Internet freedom programs: Provided further, That of the total
amount appropriated under this heading, not to exceed $35,000
may be used for representation expenses, of which $10,000 may
be used for such expenses within the United States as
authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty:
Provided further, That the BBG shall notify the Committees on
Appropriations within 15 days of any determination by the BBG
that any of its broadcast entities, including its grantee
organizations, provides an open platform for international
terrorists or those who support international terrorism, or is
in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the
entity's journalistic code of ethics: Provided further, That
significant modifications to BBG broadcast hours previously
justified to Congress, including changes to transmission
platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That in addition to funds
made available under this heading, and notwithstanding any
other provision of law, up to $5,000,000 in receipts from
advertising and revenue from business ventures, up to $500,000
in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the
Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out
authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation,
and improvement of facilities for radio, television, and
digital transmission and reception; the purchase, rent, and
installation of necessary equipment for radio, television, and
digital transmission and reception, including to Cuba, as
authorized; and physical security worldwide, in addition to
amounts otherwise available for such purposes, $9,700,000, to
remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain
available until expended: Provided, That funds appropriated
under this heading shall be apportioned and obligated to the
Foundation not later than 60 days after enactment of this Act.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace, as authorized by the United States Institute of Peace
Act (22 U.S.C. 4601 et seq.), $38,634,000, to remain available
until September 30, 2020, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2019, to remain available until
expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2019, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or
for purposes which are not in accordance with section 200 of
title 2 of the Code of Federal Regulations, including the
restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452
note), all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2019, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $16,700,000: Provided, That funds
appropriated under this heading shall be apportioned and
obligated to the Center not later than 60 days after enactment
of this Act.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act (22 U.S.C. 4412), $180,000,000, to
remain available until expended, of which $117,500,000 shall be
allocated in the traditional and customary manner, including
for the core institutes, and $62,500,000 shall be for democracy
programs: Provided, That the requirements of section 7070(a)
of this Act shall not apply to funds made available under this
heading: Provided further, That funds appropriated under this
heading shall be apportioned and obligated to the Endowment not
later than 60 days after enactment of this Act.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $675,000, as
authorized by chapter 3123 of title 54, United States Code:
Provided, That the Commission may procure temporary,
intermittent, and other services notwithstanding paragraph (3)
of section 312304(b) of such chapter: Provided further, That
such authority shall terminate on October 1, 2019: Provided
further, That the Commission shall notify the Committees on
Appropriations prior to exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom (USCIRF), as authorized by
title II of the International Religious Freedom Act of 1998 (22
U.S.C. 6431 et seq.), $4,500,000, to remain available until
September 30, 2020, including not more than $4,000 for
representation expenses: Provided, That prior to the
obligation of $1,000,000 of the funds appropriated under this
heading, the Commission shall consult with the appropriate
congressional committees on the steps taken to implement the
recommendations of the Independent Review of USCIRF Mission
Effectiveness that was conducted pursuant to the United States
Commission on International Religious Freedom Reauthorization
Act of 2015 (Public Law 114-71), and such funds shall be
subject to the regular notification procedures of the
Committees on Appropriations.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304 (22
U.S.C. 3001 et seq.), $2,579,000, including not more than
$4,000 for representation expenses, to remain available until
September 30, 2020.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized by
title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911 et seq.), $2,000,000, including not more than $3,000 for
representation expenses, to remain available until September
30, 2020.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to remain
available until September 30, 2020: Provided, That the
authorities, requirements, limitations, and conditions
contained in the second through sixth provisos under this
heading in the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2010 (division F of Public
Law 111-117) shall continue in effect during fiscal year 2019
and shall apply to funds appropriated under this heading as if
included in this Act.
Western Hemisphere Drug Policy Commission
salaries and expenses
For necessary expenses of the Western Hemisphere Drug
Policy Commission, as authorized by title VI of the Department
of State Authorities Act, Fiscal Year 2017 (Public Law 114-
323), $1,500,000 to remain available until September 30, 2020.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$1,214,808,000, of which up to $182,221,000 may remain
available until September 30, 2020: Provided, That none of the
funds appropriated under this heading and under the heading
``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and
engineering services), purchase, or long-term lease of offices
for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of
funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this
heading may entail commitments for the expenditure of such
funds through the following fiscal year: Provided further,
That the authority of sections 610 and 109 of the Foreign
Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of
part I of such Act to ``Operating Expenses'' in accordance with
the provisions of those sections: Provided further, That of
the funds appropriated or made available under this heading,
not to exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses, and not to exceed
$100,500 shall be for official residence expenses, for USAID
during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$225,000,000, to remain available until expended: Provided,
That this amount is in addition to funds otherwise available
for such purposes: Provided further, That funds appropriated
under this heading shall be available subject to the regular
notification procedures of the Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $76,600,000,
of which up to $11,490,000 may remain available until September
30, 2020, for the Office of Inspector General of the United
States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $3,117,450,000, to
remain available until September 30, 2020, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for training, equipment, and technical
assistance to build the capacity of public health institutions
and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs;
(2) immunization and oral rehydration programs; (3) other
health, nutrition, water and sanitation programs which directly
address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or
orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases
including neglected tropical diseases, and for assistance to
communities severely affected by HIV/AIDS, including children
infected or affected by AIDS; (6) disaster preparedness
training for health crises; (7) programs to prevent, prepare
for, and respond to, unanticipated and emerging global health
threats; and (8) family planning/reproductive health: Provided
further, That funds appropriated under this paragraph may be
made available for a United States contribution to the GAVI
Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization
or program which, as determined by the President of the United
States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided
further, That any determination made under the previous proviso
must be made not later than 6 months after the date of
enactment of this Act, and must be accompanied by the evidence
and criteria utilized to make the determination: Provided
further, That none of the funds made available under this Act
may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this
paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or
against abortion: Provided further, That in order to reduce
reliance on abortion in developing nations, funds shall be
available only to voluntary family planning projects which
offer, either directly or through referral to, or information
about access to, a broad range of family planning methods and
services, and that any such voluntary family planning project
shall meet the following requirements: (1) service providers or
referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number
of births, number of family planning acceptors, or acceptors of
a particular method of family planning (this provision shall
not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes,
gratuities, or financial reward to: (A) an individual in
exchange for becoming a family planning acceptor; or (B)
program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the
project shall not deny any right or benefit, including the
right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual's decision not to accept family planning
services; (4) the project shall provide family planning
acceptors comprehensible information on the health benefits and
risks of the method chosen, including those conditions that
might render the use of the method inadvisable and those
adverse side effects known to be consequent to the use of the
method; and (5) the project shall ensure that experimental
contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and,
not less than 60 days after the date on which the USAID
Administrator determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed
to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options:
Provided further, That information provided about the use of
condoms as part of projects or activities that are funded from
amounts appropriated by this Act shall be medically accurate
and shall include the public health benefits and failure rates
of such use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,720,000,000, to remain available until September 30,
2023, which shall be apportioned directly to the Department of
State: Provided, That funds appropriated under this paragraph
may be made available, notwithstanding any other provision of
law, except for the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), for
a United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), and shall be expended
at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That the amount of
such contribution should be $1,350,000,000: Provided further,
That clauses (i) and (vi) of section 202(d)(4)(A) of the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003 (22 U.S.C. 7622) shall be applied with respect to
such funds made available for fiscal years 2015 through 2019 by
substituting ``2004'' for ``2009'': Provided further, That up
to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2019 may be made available to
USAID for technical assistance related to the activities of the
Global Fund, subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
the funds appropriated under this paragraph, up to $17,000,000
may be made available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the
Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$3,000,000,000, to remain available until September 30, 2020.
international disaster assistance
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $3,801,034,000, to remain available
until expended: Provided, That such funds shall be apportioned
to the United States Agency for International Development not
later than 60 days after enactment of this Act.
transition initiatives
For necessary expenses for international disaster
rehabilitation and reconstruction assistance administered by
the Office of Transition Initiatives, United States Agency for
International Development, pursuant to section 491 of the
Foreign Assistance Act of 1961, $30,000,000, to remain
available until expended, to support transition to democracy
and long-term development of countries in crisis: Provided,
That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the USAID
Administrator shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new program
of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interest
of the United States to provide transition assistance in excess
of the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this Act to carry out
the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the
authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant
to the previous proviso shall be made available subject to
prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 to support programs and
activities administered by the United States Agency for
International Development to prevent or respond to emerging or
unforeseen foreign challenges and complex crises overseas,
$30,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made
available on such terms and conditions as are appropriate and
necessary for the purposes of preventing or responding to such
challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural
disasters: Provided further, That funds appropriated under
this heading may be made available notwithstanding any other
provision of law, except sections 7007, 7008, and 7018 of this
Act and section 620M of the Foreign Assistance Act of 1961:
Provided further, That funds appropriated under this heading
may be used for administrative expenses, in addition to funds
otherwise available for such purposes, except that such
expenses may not exceed 5 percent of the funds appropriated
under this heading: Provided further, That funds appropriated
under this heading shall be apportioned to USAID not later than
60 days after enactment of this Act: Provided further, That
funds appropriated under this heading shall be subject to the
regular notification procedures of the Committees on
Appropriations, except that such notifications shall be
transmitted at least 5 days prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $55,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Europe, Eurasia and
Central Asia'': Provided, That funds provided under this
paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the
Foreign Assistance Act of 1961 shall be made available only for
micro- and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act:
Provided further, That funds provided as a gift that are used
for purposes of this paragraph shall be subject to prior
consultation with, and the regular notification procedures of,
the Committees on Appropriations: Provided further, That such
costs, including the cost of modifying such direct and
guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs, and funds
used for such cost, including if the cost results in a negative
subsidy, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single
country shall not exceed $300,000,000: Provided further, That
these funds are available to subsidize total loan principal,
any portion of which is to be guaranteed, of up to
$1,750,000,000.
In addition, for administrative expenses to carry out
credit programs administered by USAID, $10,000,000, which may
be transferred to, and merged with, funds made available under
the heading ``Operating Expenses'' in title II of this Act:
Provided, That funds made available under this heading shall
remain available until September 30, 2021: Provided further,
That of the funds appropriated under this paragraph in this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for
administrative expenses to carry out credit programs
administered by USAID, up to $1,000,000 may be made available
for limited transition costs associated with the implementation
of section 1463 of the Better Utilization of Investments
Leading to Development (BUILD) Act of 2018 (division F of
Public Law 115-2
