[116th Congress Public Law 6]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 13]]
Public Law 116-6
116th Congress
Joint Resolution
Making consolidated appropriations for the fiscal year ending September
30, 2019, and for other purposes. <<NOTE: Feb. 15, 2019 - [H.J. Res.
31]>>
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2019.>>
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
[[Page 133 STAT. 14]]
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. <<NOTE: 1 USC 1 note.>> 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) <<NOTE: 132 Stat. 1059.>> in the heading, by inserting
``Stephen Sepp'' before ``Wildfire''; and
(2) <<NOTE: 43 USC 1701 note.>> by amending section 101 to
read as follows:
[[Page 133 STAT. 15]]
``SEC. 101. SHORT TITLE.
``(a) <<NOTE: 43 USC 1701 note.>> Short Title.--This division may
be cited as the `Stephen Sepp Wildfire Suppression Funding and Forest
Management Activities Act'.
``(b) <<NOTE: 43 USC 1701 note.>> 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 <<NOTE: Department of Homeland Security
Appropriations Act, 2019.>> 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.
[[Page 133 STAT. 16]]
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
[[Page 133 STAT. 17]]
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.
[[Page 133 STAT. 18]]
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.
[[Page 133 STAT. 19]]
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
[[Page 133 STAT. 20]]
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,
[[Page 133 STAT. 21]]
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
[[Page 133 STAT. 22]]
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
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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
[[Page 133 STAT. 24]]
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
[[Page 133 STAT. 25]]
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) <<NOTE: 49 USC 44901 note.>> 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.
[[Page 133 STAT. 26]]
(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.
[[Page 133 STAT. 27]]
(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 <<NOTE: 8 USC 1378a.>> 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.
[[Page 133 STAT. 28]]
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.
[[Page 133 STAT. 29]]
(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.
[[Page 133 STAT. 30]]
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.).
[[Page 133 STAT. 31]]
(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
[[Page 133 STAT. 32]]
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).
[[Page 133 STAT. 33]]
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
[[Page 133 STAT. 34]]
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.
[[Page 133 STAT. 35]]
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.
[[Page 133 STAT. 36]]
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.
[[Page 133 STAT. 37]]
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.
[[Page 133 STAT. 38]]
(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 <<NOTE: 31 USC 501 note.>> 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
[[Page 133 STAT. 39]]
(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
[[Page 133 STAT. 40]]
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.
[[Page 133 STAT. 41]]
(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
[[Page 133 STAT. 42]]
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
[[Page 133 STAT. 43]]
(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'';
[[Page 133 STAT. 44]]
(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''.
[[Page 133 STAT. 45]]
DIVISION B--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2019.>> 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
[[Page 133 STAT. 46]]
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
[[Page 133 STAT. 47]]
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.
[[Page 133 STAT. 48]]
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: <<NOTE: 7
USC 2254.>> 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
[[Page 133 STAT. 49]]
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,
[[Page 133 STAT. 50]]
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
[[Page 133 STAT. 51]]
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.
[[Page 133 STAT. 52]]
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).
[[Page 133 STAT. 53]]
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.
[[Page 133 STAT. 54]]
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
[[Page 133 STAT. 55]]
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
[[Page 133 STAT. 56]]
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,
[[Page 133 STAT. 57]]
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
[[Page 133 STAT. 58]]
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
[[Page 133 STAT. 59]]
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
[[Page 133 STAT. 60]]
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.
[[Page 133 STAT. 61]]
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.
[[Page 133 STAT. 62]]
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.
[[Page 133 STAT. 63]]
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.
[[Page 133 STAT. 64]]
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
[[Page 133 STAT. 65]]
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
[[Page 133 STAT. 66]]
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.
[[Page 133 STAT. 67]]
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
[[Page 133 STAT. 68]]
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
[[Page 133 STAT. 69]]
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
[[Page 133 STAT. 70]]
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''.
[[Page 133 STAT. 71]]
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
[[Page 133 STAT. 72]]
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.
[[Page 133 STAT. 73]]
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
[[Page 133 STAT. 74]]
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
[[Page 133 STAT. 75]]
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
[[Page 133 STAT. 76]]
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.
[[Page 133 STAT. 77]]
(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;
[[Page 133 STAT. 78]]
(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
[[Page 133 STAT. 79]]
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
[[Page 133 STAT. 80]]
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
[[Page 133 STAT. 81]]
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
[[Page 133 STAT. 82]]
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
[[Page 133 STAT. 83]]
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.
[[Page 133 STAT. 84]]
(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;
[[Page 133 STAT. 85]]
(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
[[Page 133 STAT. 86]]
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)
[[Page 133 STAT. 87]]
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
[[Page 133 STAT. 88]]
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
[[Page 133 STAT. 89]]
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.
[[Page 133 STAT. 90]]
(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''.
[[Page 133 STAT. 91]]
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, <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2019. Department of Commerce Appropriations
Act, 2019.>> 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
[[Page 133 STAT. 92]]
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
[[Page 133 STAT. 93]]
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.
[[Page 133 STAT. 94]]
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
[[Page 133 STAT. 95]]
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,
[[Page 133 STAT. 96]]
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 <<NOTE: 15 USC 1513b note.>> the Secretary of Commerce shall
include
[[Page 133 STAT. 97]]
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
[[Page 133 STAT. 98]]
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: <<NOTE: 15 USC 1513a note.>> 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.
[[Page 133 STAT. 99]]
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
[[Page 133 STAT. 100]]
for in this Act or any other law appropriating funds for the Department
of Commerce.
Sec. 104. The <<NOTE: 33 USC 878a note.>> 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
[[Page 133 STAT. 101]]
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) <<NOTE: 129 Stat. 2295.>>
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 <<NOTE: 132
Stat. 70.>> Administration''.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2019''.
TITLE <<NOTE: Department of Justice Appropriations Act, 2019.>> 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
[[Page 133 STAT. 102]]
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
[[Page 133 STAT. 103]]
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
[[Page 133 STAT. 104]]
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
[[Page 133 STAT. 105]]
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.
[[Page 133 STAT. 106]]
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
[[Page 133 STAT. 107]]
$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 <<NOTE: 42 USC 250a.>> 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
[[Page 133 STAT. 108]]
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past, notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
buildings and facilities
For planning, acquisition of sites, and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$264,000,000, to remain available until expended, of which $175,000,000
shall be available only for costs related to construction of new
facilities: Provided, That labor of United States prisoners may be used
for work performed under this appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized to
make such expenditures within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging to
the corporation or in which it has an interest.
[[Page 133 STAT. 109]]
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,
[[Page 133 STAT. 110]]
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.
[[Page 133 STAT. 111]]
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
[[Page 133 STAT. 112]]
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
[[Page 133 STAT. 113]]
$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;
[[Page 133 STAT. 114]]
(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:
[[Page 133 STAT. 115]]
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:
[[Page 133 STAT. 116]]
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,
[[Page 133 STAT. 117]]
$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.
[[Page 133 STAT. 118]]
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
[[Page 133 STAT. 119]]
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
[[Page 133 STAT. 120]]
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 <<NOTE: Science Appropriations Act, 2019.>> 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.
[[Page 133 STAT. 121]]
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.
[[Page 133 STAT. 122]]
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,
[[Page 133 STAT. 123]]
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 <<NOTE: 51 USC 20145 note.>>
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 <<NOTE: 51 USC 30103 note.>> 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 <<NOTE: 51 USC 20144 note.>> 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
[[Page 133 STAT. 124]]
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
[[Page 133 STAT. 125]]
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.
[[Page 133 STAT. 126]]
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
[[Page 133 STAT. 127]]
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
[[Page 133 STAT. 128]]
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.
[[Page 133 STAT. 129]]
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
[[Page 133 STAT. 130]]
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 <<NOTE: 34 USC 20101 note.>> 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.
[[Page 133 STAT. 131]]
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
[[Page 133 STAT. 132]]
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
[[Page 133 STAT. 133]]
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
[[Page 133 STAT. 134]]
that the project's management structure is adequate to control total
project or procurement costs.
Sec. 521. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2019 until the enactment of the Intelligence
Authorization Act for fiscal year 2019.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in an amount
greater than $5,000,000 or to award a grant in excess of such amount
unless the prospective contractor or grantee certifies in writing to the
agency awarding the contract or grant that, to the best of its knowledge
and belief, the contractor or grantee has filed all Federal tax returns
required during the three years preceding the certification, has not
been convicted of a criminal offense under the Internal Revenue Code of
1986, and has not, more than 90 days prior to certification, been
notified of any unpaid Federal tax assessment for which the liability
remains unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been approved by
the Internal Revenue Service and is not in default, or the assessment is
the subject of a non-frivolous administrative or judicial proceeding.
(rescissions)
Sec. 523. (a) Of the unobligated balances from prior year
appropriations available to the Department of Commerce, the following
funds are hereby rescinded, not later than September 30, 2019, from the
following accounts in the specified amounts--
(1) ``Economic Development Administration, Economic
Development Assistance Programs'', $10,000,000; and
(2) ``National Institute of Standards and Technology,
Industrial Technology Services'', $2,000,000.
(b) Of the unobligated balances available to the Department of
Justice, the following funds are hereby rescinded, not later than
September 30, 2019, from the following accounts in the specified
amounts--
(1) ``Working Capital Fund'', $151,000,000;
(2) ``Federal Bureau of Investigation, Salaries and
Expenses'', $124,326,000 including from, but not limited to,
fees collected to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs;
(3) ``State and Local Law Enforcement Activities, Office on
Violence Against Women, Violence Against Women Prevention and
Prosecution Programs'', $10,000,000;
(4) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000;
(5) ``State and Local Law Enforcement Activities, Community
Oriented Policing Services'', $16,500,000; and
(6) ``Legal Activities, Assets Forfeiture Fund'',
$674,000,000, is permanently rescinded.
(c) The Departments of Commerce and Justice shall submit to the
Committees on Appropriations of the House of Representatives and the
Senate a report no later than September 1, 2019,
[[Page 133 STAT. 135]]
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
[[Page 133 STAT. 136]]
(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--
[[Page 133 STAT. 137]]
(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-
[[Page 133 STAT. 138]]
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''.
[[Page 133 STAT. 139]]
DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2019. Department of the Treasury Appropriations Act,
2019.>> 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.
[[Page 133 STAT. 140]]
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.
[[Page 133 STAT. 141]]
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.
[[Page 133 STAT. 142]]
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
[[Page 133 STAT. 143]]
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 <<NOTE: 12 USC
4713a note.>> 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.
[[Page 133 STAT. 144]]
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 <<NOTE: 26 USC 7801 note.>> 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
[[Page 133 STAT. 145]]
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: <<NOTE: 26 USC 7801 note.>> 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-
[[Page 133 STAT. 146]]
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.
[[Page 133 STAT. 147]]
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
[[Page 133 STAT. 148]]
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,
[[Page 133 STAT. 149]]
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 <<NOTE: 31 USC 5142 note.>> 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 <<NOTE: Executive Office of the President Appropriations Act,
2019.>> 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.
[[Page 133 STAT. 150]]
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.
[[Page 133 STAT. 151]]
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
[[Page 133 STAT. 152]]
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 <<NOTE: 21 USC 1702 note.>> 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
[[Page 133 STAT. 153]]
(``HIDTAs''), of which not less than 51 percent shall be transferred to
State and local entities for drug control activities and shall be
obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal agencies
and departments in amounts determined by the Director of the Office of
National Drug Control Policy, of which up to $2,700,000 may be used for
auditing services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2017 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated as of
September 30, 2018, shall be funded at not less than the fiscal year
2018 base level, unless the Director submits to the Committees on
Appropriations of the House of Representatives and the Senate
justification for changes to those levels based on clearly articulated
priorities and published Office of National Drug Control Policy
performance measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the initial
allocation of fiscal year 2019 funding among HIDTAs not later than 45
days after enactment of this Act, and shall notify the Committees of
planned uses of discretionary HIDTA funding, as determined in
consultation with the HIDTA Directors, not later than 90 days after
enactment of this Act: Provided further, That upon a determination that
all or part of the funds so transferred from this appropriation are not
necessary for the purposes provided herein and upon notification to the
Committees on Appropriations of the House of Representatives and the
Senate, such amounts may be transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $118,327,000, to remain available until expended, which shall
be available as follows: $100,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of Public
Law 109-469; and $3,000,000, to remain available until expended, shall
be for activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may be
transferred to other Federal departments and agencies to carry out such
activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $1,000,000, to remain available until
September 30, 2020.
[[Page 133 STAT. 154]]
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''
[[Page 133 STAT. 155]]
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 <<NOTE: Judiciary Appropriations Act, 2019.>> 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.
[[Page 133 STAT. 156]]
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;
[[Page 133 STAT. 157]]
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.
[[Page 133 STAT. 158]]
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
[[Page 133 STAT. 159]]
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 <<NOTE: District of Columbia Appropriations Act, 2019.>> 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,
[[Page 133 STAT. 160]]
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
[[Page 133 STAT. 161]]
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,
[[Page 133 STAT. 162]]
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
[[Page 133 STAT. 163]]
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
[[Page 133 STAT. 164]]
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
[[Page 133 STAT. 165]]
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.
[[Page 133 STAT. 166]]
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.
[[Page 133 STAT. 167]]
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).
[[Page 133 STAT. 168]]
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
[[Page 133 STAT. 169]]
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.
[[Page 133 STAT. 170]]
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
[[Page 133 STAT. 171]]
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
[[Page 133 STAT. 172]]
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.
[[Page 133 STAT. 173]]
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
[[Page 133 STAT. 174]]
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
[[Page 133 STAT. 175]]
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
[[Page 133 STAT. 176]]
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
[[Page 133 STAT. 177]]
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
[[Page 133 STAT. 178]]
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.
[[Page 133 STAT. 179]]
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.
[[Page 133 STAT. 180]]
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 <<NOTE: 15 USC 636j.>> 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).
[[Page 133 STAT. 181]]
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
[[Page 133 STAT. 182]]
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.
[[Page 133 STAT. 183]]
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.
[[Page 133 STAT. 184]]
(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 <<NOTE: 15 USC
7219 note.>> 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
[[Page 133 STAT. 185]]
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
[[Page 133 STAT. 186]]
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.
[[Page 133 STAT. 187]]
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 <<NOTE: 31 USC 1343 note.>> 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 <<NOTE: 5 USC 3101 note.>> 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
[[Page 133 STAT. 188]]
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
[[Page 133 STAT. 189]]
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--
[[Page 133 STAT. 190]]
(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
[[Page 133 STAT. 191]]
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:
[[Page 133 STAT. 192]]
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.
[[Page 133 STAT. 193]]
(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
[[Page 133 STAT. 194]]
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
[[Page 133 STAT. 195]]
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) <<NOTE: 5 USC 5343 note.>> 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.
[[Page 133 STAT. 196]]
(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
[[Page 133 STAT. 197]]
(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.
[[Page 133 STAT. 198]]
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
[[Page 133 STAT. 199]]
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) <<NOTE: 5 USC 5303 note.>> 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) <<NOTE: 5 USC 5303 note.>> 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
[[Page 133 STAT. 200]]
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.
[[Page 133 STAT. 201]]
(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;
[[Page 133 STAT. 202]]
(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
[[Page 133 STAT. 203]]
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.
[[Page 133 STAT. 204]]
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
[[Page 133 STAT. 205]]
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''.
[[Page 133 STAT. 206]]
DIVISION E--DEPARTMENT <<NOTE: Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2019.>> 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.
[[Page 133 STAT. 207]]
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: <<NOTE: 43 USC 1735 note.>> 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: <<NOTE: 43 USC 1735
note.>> Provided further, That any such moneys that are in excess of
amounts needed
[[Page 133 STAT. 208]]
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)).
[[Page 133 STAT. 209]]
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.
[[Page 133 STAT. 210]]
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
[[Page 133 STAT. 211]]
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
[[Page 133 STAT. 212]]
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.
[[Page 133 STAT. 213]]
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
[[Page 133 STAT. 214]]
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 <<NOTE: 43 USC 50.>> 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,
[[Page 133 STAT. 215]]
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
[[Page 133 STAT. 216]]
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 <<NOTE: 30 USC 1211 note.>> 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 <<NOTE: 30 USC 1257 note.>> fees assessed and collected by the
Office pursuant to such section 507 shall be credited to this account as
discretionary
[[Page 133 STAT. 217]]
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.
[[Page 133 STAT. 218]]
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
[[Page 133 STAT. 219]]
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
[[Page 133 STAT. 220]]
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.
[[Page 133 STAT. 221]]
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,
[[Page 133 STAT. 222]]
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 <<NOTE: 31 USC 6903 note.>> in the event the
sums appropriated for any fiscal year for payments pursuant to this
chapter are insufficient to make the full payments authorized
[[Page 133 STAT. 223]]
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 <<NOTE: 48 USC
1469b.>> 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
[[Page 133 STAT. 224]]
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;
[[Page 133 STAT. 225]]
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,
[[Page 133 STAT. 226]]
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.
[[Page 133 STAT. 227]]
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.
[[Page 133 STAT. 228]]
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.
[[Page 133 STAT. 229]]
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
[[Page 133 STAT. 230]]
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
[[Page 133 STAT. 231]]
described in the joint explanatory statement accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding <<NOTE: 16 USC 1336 note.>> 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.
[[Page 133 STAT. 232]]
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 <<NOTE: 128 Stat. 312.>> 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) <<NOTE: 16 USC 460u, 460u-2, 460u-5,791460u-7--
460u-10, 460u-20, 460-24. 16 USC 460u, 460u-1, 460u-
2, 460u-5--460u-7,791460u-11, 460u-14, 460u-18, 460-
19, 460u-20, 460-21,791460u-22, 460u-24.>> by striking
``National Lakeshore'' and ``national lakeshore'' each
place it appears and inserting ``National Park'';
and460u-
7--460u-
10,
460u-20,
460-24.
16 USC
460u,
460u-1,
460u-2,
460u-5--
460u-7,
460u-11,
460u-14,
460u-18,
460-19,
460u-20,
460-21,
460u-22,
460u-24.
(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''.
[[Page 133 STAT. 233]]
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
[[Page 133 STAT. 234]]
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
[[Page 133 STAT. 235]]
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
[[Page 133 STAT. 236]]
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
[[Page 133 STAT. 237]]
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
[[Page 133 STAT. 238]]
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,
[[Page 133 STAT. 239]]
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.
[[Page 133 STAT. 240]]
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
[[Page 133 STAT. 241]]
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
[[Page 133 STAT. 242]]
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 <<NOTE: 43
USC 1751 note.>> notwithstanding section 33 of the Bankhead
[[Page 133 STAT. 243]]
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).
[[Page 133 STAT. 244]]
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.
[[Page 133 STAT. 245]]
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
[[Page 133 STAT. 246]]
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 <<NOTE: 16 USC 556i.>> 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
[[Page 133 STAT. 247]]
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.
[[Page 133 STAT. 248]]
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
[[Page 133 STAT. 249]]
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,
[[Page 133 STAT. 250]]
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
[[Page 133 STAT. 251]]
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.
[[Page 133 STAT. 252]]
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 <<NOTE: 5 USC app. 8G note.>>
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
[[Page 133 STAT. 253]]
position of Inspector General of the Board: <<NOTE: 5 USC app. 8G
note.>> 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
[[Page 133 STAT. 254]]
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
[[Page 133 STAT. 255]]
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
[[Page 133 STAT. 256]]
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.
[[Page 133 STAT. 257]]
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.
[[Page 133 STAT. 258]]
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
[[Page 133 STAT. 259]]
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 <<NOTE: 16 USC 1604 note.>> 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
[[Page 133 STAT. 260]]
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
[[Page 133 STAT. 261]]
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.
[[Page 133 STAT. 262]]
(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 <<NOTE: 125 Stat. 1042.>> of Division E of
Public Law 112-74 is amended by striking ``fiscal year 2019'' and
inserting ``fiscal year 2020''.
[[Page 133 STAT. 263]]
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
[[Page 133 STAT. 264]]
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 <<NOTE: 16 USC 6809 note.>> 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--
[[Page 133 STAT. 265]]
(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);
[[Page 133 STAT. 266]]
(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''.
[[Page 133 STAT. 267]]
DIVISION F--DEPARTMENT <<NOTE: Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2019.>> 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
[[Page 133 STAT. 268]]
(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
[[Page 133 STAT. 269]]
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).
[[Page 133 STAT. 270]]
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 <<NOTE: 22 USC 269a note.>> 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
[[Page 133 STAT. 271]]
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
[[Page 133 STAT. 272]]
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, <<NOTE: 22 USC 269a note.>> 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:
[[Page 133 STAT. 273]]
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
[[Page 133 STAT. 274]]
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.
[[Page 133 STAT. 275]]
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
[[Page 133 STAT. 276]]
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,
[[Page 133 STAT. 277]]
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
[[Page 133 STAT. 278]]
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
[[Page 133 STAT. 279]]
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
[[Page 133 STAT. 280]]
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
[[Page 133 STAT. 281]]
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
[[Page 133 STAT. 282]]
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 115-254): Provided further, That prior to the initial
obligation of funds made available for such transition costs, the USAID
Administrator shall submit a spend plan to the Committees on
Appropriations for the use of such funds: Provided further, That funds
made available for such transition costs shall be subject to the regular
notification procedures of the Committees on Appropriations, and may not
be made available until the reorganization plan required by section
1462(a) of the BUILD Act of 2018 is transmitted to Congress.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,545,525,000, to remain
available until September 30, 2020.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
[[Page 133 STAT. 283]]
of Public Law 98-164 (22 U.S.C. 4411), $157,700,000, to remain available
until September 30, 2020, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided further, That the
Assistant Secretary for Democracy, Human Rights, and Labor, Department
of State, shall consult with the Committees on Appropriations prior to
the obligation of funds appropriated under this paragraph.
For an additional amount for such purposes, $69,500,000, to remain
available until September 30, 2020, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $760,334,000, to remain available until September
30, 2020, which shall be available, notwithstanding any other provision
of law, except section 7047 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511 (22
U.S.C. 5801) and section 3(c) of Public Law 101-179 (22 U.S.C. 5402), in
addition to funds otherwise available for such purposes: Provided, That
funds appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' that are made available for assistance for
such countries shall be administered in accordance with the
responsibilities of the coordinator designated pursuant to section 102
of Public Law 102-511 and section 601 of Public Law 101-179: Provided
further, That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained in
that Act for the use of economic assistance: Provided further, That any
notification of funds made available under this heading in this Act or
prior Acts making appropriations for the Department of State, foreign
operations and related programs shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on
notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921
[[Page 133 STAT. 284]]
through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $2,027,876,000, to remain available until
expended, of which not less than $35,000,000 shall be made available to
respond to small-scale emergency humanitarian requirements, and
$5,000,000 shall be made available for refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $1,000,000, to remain available until expended:
Provided, That amounts in excess of the limitation contained in
paragraph (2) of such section shall be transferred to, and merged with,
funds made available by this Act under the heading ``Migration and
Refugee Assistance''.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,500,000, of which $6,000,000 is for
the Office of Inspector General, to remain available until September 30,
2020: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by section 16
of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be available
for representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided further, That none of
the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous proviso,
section 614 of division E of Public Law 113-76 shall apply to funds
appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $905,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation:
Provided further, That section 605(e) of the MCA shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only
if such Compact
[[Page 133 STAT. 285]]
obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That no country should be eligible for a threshold program after such
country has completed a country compact: Provided further, That any
funds that are deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the Committees on
Appropriations prior to re-obligation: Provided further, That of the
funds appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment expenses, of which not to
exceed $5,000 may be available for entertainment expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2020: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out the African Development
Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h et seq.),
$30,000,000, to remain available until September 30, 2020, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
Provided further, That interest earned shall be used only for the
purposes for which the grant was made: Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation
Act (22 U.S.C. 290h-3(a)(2)), in exceptional circumstances the Board of
Directors of the USADF may waive the $250,000 limitation contained in
that section with respect to a project and a project may exceed the
limitation by up to 10 percent if the increase is due solely to foreign
currency fluctuation: Provided further, That the USADF shall submit a
report to the appropriate congressional committees after each time such
waiver authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available for
such purpose for offices, buildings, grounds, and quarters in Africa as
may be necessary to carry out its functions: Provided further, That the
USADF may maintain bank accounts outside the United States Treasury and
retain any interest earned on such accounts, in furtherance of the
purposes of the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the Treasury
prior to the need of spending such funds for program purposes.
[[Page 133 STAT. 286]]
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $30,000,000, to remain available
until expended, of which not more than $6,000,000 may be used for
administrative expenses: Provided, That amounts made available under
this heading may be made available to contract for services as described
in section 129(d)(3)(A) of the Foreign Assistance Act of 1961, without
regard to the location in which such services are performed.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,497,469,000, to remain available until
September 30, 2020: Provided, That the Department of State may use the
authority of section 608 of the Foreign Assistance Act of 1961, without
regard to its restrictions, to receive excess property from an agency of
the United States Government for the purpose of providing such property
to a foreign country or international organization under chapter 8 of
part I of such Act, subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That section 482(b)
of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That funds appropriated under this heading shall be made
available to support training and technical assistance for foreign law
enforcement, corrections, judges, and other judicial authorities,
utilizing regional partners: Provided further, That funds made
available under this heading that are transferred to another department,
agency, or instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $864,550,000, to remain
available until September 30, 2020, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support
[[Page 133 STAT. 287]]
Act, section 23 of the Arms Export Control Act, or the Foreign
Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for
a United States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission, and for a voluntary contribution to the
International Atomic Energy Agency (IAEA): Provided, That funds made
available under this heading for the Nonproliferation and Disarmament
Fund shall be made available, notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, to promote bilateral
and multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security interest
of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the IAEA
unless the Secretary of State determines that Israel is being denied its
right to participate in the activities of that Agency: Provided
further, That funds made available for conventional weapons destruction
programs, including demining and related activities, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management of such
programs and activities, subject to the regular notification procedures
of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $163,457,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $31,000,000 shall be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai and not less than $71,000,000 shall
be made available for the Global Peace Operations Initiative: Provided
further, That none of the funds appropriated under this heading shall be
obligated except as provided through the regular notification procedures
of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $110,778,000, of which up to
$11,000,000 may remain available until September 30, 2020: Provided,
That the civilian personnel for whom military education and training may
be provided under this heading may include civilians who are not members
of a government whose participation
[[Page 133 STAT. 288]]
would contribute to improved civil-military relations, civilian control
of the military, or respect for human rights: Provided further, That of
the funds appropriated under this heading, not to exceed $50,000 may be
available for entertainment expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,962,241,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,300,000,000 shall be available for grants only
for Israel which shall be disbursed within 30 days of enactment of this
Act: Provided further, That to the extent that the Government of Israel
requests that funds be used for such purposes, grants made available for
Israel under this heading shall, as agreed by the United States and
Israel, be available for advanced weapons systems, of which not less
than $815,300,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be obligated
upon apportionment in accordance with paragraph (5)(C) of section
1501(a) of title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 7015 of
this Act: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services, or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$75,000,000 of the funds appropriated under this
[[Page 133 STAT. 289]]
heading may be obligated for necessary expenses, including the purchase
of passenger motor vehicles for replacement only for use outside of the
United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only
through the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds made available
under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be available for
representation expenses: Provided further, That not more than
$1,009,700,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2019 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, $339,000,000: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,575,000, to remain available until, and
to be fully disbursed no later than, September 30, 2020: Provided, That
of such amount, $136,563,000, which shall remain available until
September 30, 2019, is only available for the first installment of the
seventh replenishment of the Global Environment Facility, and shall be
obligated and disbursed not later than 90 days after enactment of this
Act: Provided further, That the Secretary shall report to the
Committees on Appropriations on the status of funds provided under this
heading not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,097,010,000, to remain available until
expended.
[[Page 133 STAT. 290]]
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $47,395,000, to remain available until
expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,417,159, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $507,860,806.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $171,300,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until, and to be fully disbursed no later than, September 30, 2020, for
the first installment of the eleventh replenishment of the International
Fund for Agricultural Development: Provided, That the Secretary of the
Treasury shall report to the Committees on Appropriations on the status
of such payment not less than quarterly until fully disbursed: Provided
further, That in such report the Secretary shall provide a timeline for
the obligation and disbursement of any funds that have not yet been
obligated or disbursed.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, of which up to $855,000 may remain available until
September 30, 2020.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with
[[Page 133 STAT. 291]]
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 9104 of title 31, United States
Code, as may be necessary in carrying out the program for the current
fiscal year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000, of which up to $16,500,000 may remain available
until September 30, 2020: Provided, That the Export-Import Bank (the
Bank) may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That the Bank
shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal, financial,
or technical aspects of any transaction for which an application for a
loan, guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further, That
in addition to other funds appropriated for administrative expenses,
such fees shall be credited to this account for such purposes, to remain
available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945
(Public Law 79-173) and the Federal Credit Reform Act of 1990, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures
[[Page 133 STAT. 292]]
and commitments within the limits of funds available to it and in
accordance with law as may be necessary: Provided, That the amount
available for administrative expenses to carry out the credit and
insurance programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall not exceed
$79,200,000: Provided further, That project-specific transaction costs,
including direct and indirect costs incurred in claims settlements, and
other direct costs associated with services provided to specific
investors or potential investors pursuant to section 234 of the Foreign
Assistance Act of 1961, shall not be considered administrative expenses
for the purposes of this heading: Provided further, That of the funds
appropriated under this heading in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, up to $5,000,000 may be made available for limited
transition costs associated with the implementation of section 1463 of
the Better Utilization of Investments Leading to Development (BUILD) Act
of 2018 (division F of Public Law 115-254): Provided further, That
prior to the initial obligation of funds made available for such
transition costs, the President of the Overseas Private Investment
Corporation shall submit a spend plan to the Committees on
Appropriations for the use of such funds: Provided further, That funds
made available for such transition costs shall be subject to the regular
notification procedures of the Committees on Appropriations, and may not
be made available until the reorganization plan required by section
1462(a) of the BUILD Act of 2018 is transmitted to Congress.
program account
For the cost of direct and guaranteed loans as authorized by section
234 of the Foreign Assistance Act of 1961, $20,000,000, to be derived by
transfer from the Overseas Private Investment Corporation Noncredit
Account, to remain available until September 30, 2021: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That funds so obligated in fiscal year 2019 remain
available for disbursement through 2027; funds obligated in fiscal year
2020 remain available for disbursement through 2028; and funds obligated
in fiscal year 2021 remain available for disbursement through 2029:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 in Iraq: Provided further, That funds made
available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $79,500,000, to remain available
until September 30, 2020, of which no more than
[[Page 133 STAT. 293]]
$19,000,000 may be used for administrative expenses: Provided, That of
the funds appropriated under this heading, not more than $5,000 may be
available for representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and for
hire of passenger transportation pursuant to section 1343(b) of title
31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in fiscal year
2019 or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be submitted
not later than 30 days after the end of each fiscal quarter and should
specify by account the amount of funds obligated pursuant to bilateral
agreements which have not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of State shall promptly inform the Committees on
Appropriations of each instance in which a Federal department or agency
is delinquent in providing the full amount of funding required by
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (title
VI of division A of H.R. 3427, as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act), as
amended by section 111 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), a project to construct a facility
of the United States
[[Page 133 STAT. 294]]
may include office space or other accommodations for members of the
United States Marine Corps.
(c) New Diplomatic Facilities.--For the purposes of calculating the
fiscal year 2019 costs of providing new United States diplomatic
facilities in accordance with section 604(e) of the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the
Secretary of State, in consultation with the Director of the Office of
Management and Budget, shall determine the annual program level and
agency shares in a manner that is proportional to the contribution of
the Department of State for this purpose.
(d) Consultation and Notification.--Funds appropriated by this Act
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs, which may be made available
for the acquisition of property or award of construction contracts for
overseas United States diplomatic facilities during fiscal year 2019,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That notifications pursuant to this subsection shall include the
information enumerated under the heading ``Embassy Security,
Construction, and Maintenance'' in House Report 115-829.
(e) Interim and Temporary Facilities Abroad.--
(1) Security vulnerabilities.--Funds appropriated by this
Act under the heading ``Embassy Security, Construction, and
Maintenance'' may be made available, following consultation with
the appropriate congressional committees, to address security
vulnerabilities at interim and temporary United States
diplomatic facilities abroad, including physical security
upgrades and local guard staffing, except that the amount of
funds made available for such purposes from this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be a minimum of
$25,000,000.
(2) Consultation.--Notwithstanding any other provision of
law, the opening, closure, or any significant modification to an
interim or temporary United States diplomatic facility shall be
subject to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to
personnel.
(f) Transfer of Funds Authority.--Funds appropriated under the
headings ``Diplomatic Programs'', including for Worldwide Security
Protection, ``Emergencies in the Diplomatic and Consular Service'', and
``Embassy Security, Construction, and Maintenance'' in this Act may be
transferred to, and merged with, funds appropriated under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, for
emergency evacuations, or to prevent or respond to security situations
and requirements, following consultation with, and subject to the
regular notification procedures of, such Committees: Provided, That
such transfer authority is in addition to any transfer authority
otherwise available in this Act and under any other provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may
[[Page 133 STAT. 295]]
be made available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United States
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000.
(h) Report.--Within 45 days of enactment of this Act and every 3
months thereafter until the completion of each project, the Secretary of
State shall submit to the Committees on Appropriations a report on the
Erbil Consulate, Beirut Embassy, Jakarta Embassy, Mexico City Embassy,
and New Delhi Embassy, as described under this section in the joint
explanatory statement accompanying this Act.
(i) Secure Resupply and Maintenance.--The Secretary of State may not
grant final approval for the construction of a new facility or
substantial construction to improve or expand an existing facility in
the United States by or for the Government of the People's Republic of
China until the Secretary certifies and reports to the appropriate
congressional committees that an agreement has been concluded between
the Governments of the United States and the People's Republic of China
that permits secure resupply, maintenance, and new construction of
United States Government facilities in the People's Republic of China.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated by
this Act for the operations of the Department of State under the
headings ``Diplomatic Programs'' and ``Capital Investment Fund'' shall
be made available to implement the recommendations contained in the
Foreign Assistance Data Review Findings Report (FADR) and the Office of
Inspector General (OIG) report entitled ``Department Financial Systems
Are Insufficient to Track and Report on Foreign Assistance Funds'':
Provided, That not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations an
update to the plan required under section 7006 of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31) for implementing the FADR and OIG
recommendations: Provided further, That such funds may not be obligated
for enhancements to, or expansions of, the Budget System Modernization
Financial System, Central Resource Management System, Joint Financial
Management System, or Foreign Assistance Coordination and Tracking
System until such updated plan is submitted to the Committees on
Appropriations: Provided further, That such funds may not be obligated
[[Page 133 STAT. 296]]
for new, or expansion of existing, ad hoc electronic systems to track
commitments, obligations, or expenditures of funds unless the Secretary
of State, following consultation with the Chief Information Officer of
the Department of State, has reviewed and certified that such new system
or expansion is consistent with the FADR and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in the Congressional Budget Justification, Department of State, Foreign
Operations, and Related Programs, Fiscal Year 2019: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this Act:
Provided further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund service: Provided
further, That prior to increasing the percentage charged to Department
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department
of State budget justification or, at least 60 days prior to the
increase, provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost and benefit
of the services provided by the procurement fee: Provided further, That
Federal agency components may only pay for Working Capital Fund services
that are consistent with the purpose and authorities of such components:
Provided further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full cost of each
service.
(c) Certification.--
(1) Not later than 45 days after the initial obligation of
funds appropriated under titles III and IV of this Act that are
made available to a Department of State bureau or office with
responsibility for the management and oversight of such funds,
the Secretary of State shall certify and report to the
Committees on Appropriations, on an individual bureau or office
basis, that such bureau or office is in compliance with
Department and Federal financial and grants management policies,
procedures, and regulations, as applicable.
(2) When making a certification required by paragraph (1),
the Secretary of State shall consider the capacity of a bureau
or office to--
(A) account for the obligated funds at the country
and program level, as appropriate;
(B) identify risks and develop mitigation and
monitoring plans;
(C) establish performance measures and indicators;
(D) review activities and performance; and
(E) assess final results and reconcile finances.
(3) If the Secretary of State is unable to make a
certification required by paragraph (1), the Secretary shall
submit a plan and timeline detailing the steps to be taken to
bring such bureau or office into compliance.
(4) The report accompanying a certification required by
paragraph (1) shall include the requirements contained under
this section in House Report 115-829.
[[Page 133 STAT. 297]]
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the Secretary of State certifies and reports to the
appropriate congressional committees that subsequent to the termination
of assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public participation in
democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Department of state.--Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the
Department of State under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers, and
no such transfer may be made to increase the appropriation under
the heading ``Representation Expenses''.
(2) Broadcasting board of governors.--Not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between, and merged with, such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers.
(3) Treatment as reprogramming.--Any transfer pursuant to
this subsection shall be treated as a reprogramming of funds
under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Title VI Agencies.--Not to exceed 5 percent of any
appropriation, other than for administrative expenses made available for
fiscal year 2019, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the
[[Page 133 STAT. 298]]
purposes, programs, and activities for which the funds in such receiving
account may be used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25 percent by any
such transfer: Provided, That the exercise of such authority shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) In general.--None of the funds made available under
titles II through V of this Act may be transferred to any
department, agency, or instrumentality of the United States
Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
(2) Allocation and transfers.--Notwithstanding paragraph
(1), in addition to transfers made by, or authorized elsewhere
in, this Act, funds appropriated by this Act to carry out the
purposes of the Foreign Assistance Act of 1961 may be allocated
or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the
Foreign Assistance Act of 1961.
(3) Notification.--Any agreement entered into by the United
States Agency for International Development or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``Assistance for Europe, Eurasia and Central Asia''
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(d) Transfer of Funds Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriations account to which such funds were not appropriated,
except for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign operations
and related programs, entered into between the Department of State or
USAID and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961 or any
comparable provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving agency
does not have an IG, shall perform periodic program and financial audits
of the use of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such
[[Page 133 STAT. 299]]
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or USAID, as
appropriate: Provided further, That funds transferred under such
authority may be made available for the cost of such audits.
(f) Report.--Not later than October 31, 2019, the Secretary of State
and the USAID Administrator shall each submit a report to the Committees
on Appropriations detailing all transfers to another agency of the
United States Government made pursuant to sections 632(a) and 632(b) of
the Foreign Assistance Act of 1961 with funds provided in the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2018 (division K of Public Law 115-141): Provided, That such reports
shall include a list of each transfer made pursuant to such sections
with the respective funding level, appropriation account, and the
receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) Computer Networks.--None of the funds made available by this Act
for the operating expenses of any United States Government department or
agency may be used to establish or maintain a computer network for use
by such department or agency unless such network has filters designed to
block access to sexually explicit websites: Provided, That nothing in
this subsection shall limit the use of funds necessary for any Federal,
State, tribal, or local law enforcement agency, or any other entity
carrying out the following activities: criminal investigations,
prosecutions, and adjudications; administrative discipline; and the
monitoring of such websites undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act should be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided by this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Development Credit Authority'' and
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the availability of funds
[[Page 133 STAT. 300]]
pursuant to the previous proviso shall not be applicable to such funds
until the Secretary of State submits the reports required under section
7011 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2017 (division J of Public Law 115-31) and
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2018 (division K of Public Law 115-141): Provided
further, That notwithstanding any other provision of this Act, any funds
made available for the purposes of chapter 1 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of payments
or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated or
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the
Secretary of State shall provide a report to the Committees on
Appropriations not later than October 31, 2019, detailing by account and
source year, the use of this authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultation
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) Notification and Reimbursement of Foreign Taxes.--An amount
equivalent to 200 percent of the total taxes assessed during fiscal year
2019 on funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs by a foreign government or entity against United States
assistance programs, either directly or through grantees, contractors,
and subcontractors, shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2020 and for prior fiscal
years and allocated for the central government of such country or for
the West Bank and Gaza program, as applicable, if, not later than
September 30, 2020,
[[Page 133 STAT. 301]]
such taxes have not been reimbursed: Provided, That the Secretary of
State shall report to the Committees on Appropriations by such date on
the foreign governments and entities that have not reimbursed such
taxes, including any amount of funds withheld pursuant to this
subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) In general.--The provisions of this section shall not
apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
foreign government or entity.
(f) Implementation.--The Secretary of State shall issue and update
rules, regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section:
(1) Bilateral agreement.--The term ``bilateral agreement''
refers to a framework bilateral agreement between the Government
of the United States and the government of the country receiving
assistance that describes the privileges and immunities
applicable to United States foreign assistance for such country
generally, or an individual agreement between the Government of
the United States and such government that describes, among
other things, the treatment for tax purposes that will be
accorded the United States assistance provided under that
agreement.
(2) Taxes and taxation.--The term ``taxes and taxation''
shall include value added taxes and customs duties but shall not
include individual income taxes assessed to local staff.
(h) Report.--Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with the heads of other relevant
agencies of the United States Government, shall submit a report to the
Committees on Appropriations on the requirements contained under this
section in House Report 115-829.
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated
[[Page 133 STAT. 302]]
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation is
made impossible by operation of any provision of this or any other Act:
Provided, That any such reprogramming shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That assistance that is reprogrammed pursuant to this
subsection shall be made available under the same terms and conditions
as originally provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that are
specifically designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as appropriate,
determines and reports promptly to the Committees on Appropriations that
the termination of assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. (a) Notification of Changes in Programs, Projects, and
Activities.--None of the funds made available in titles I and II of this
Act or prior Acts making appropriations for the Department of State,
foreign operations, and related programs to the departments and agencies
funded by this Act that remain available for obligation in fiscal year
2019, or provided from any accounts in the Treasury of the United States
derived by the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
departments and agencies funded by this Act, shall be available for
obligation to--
(1) create new programs;
(2) suspend or eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, downsize, or rename bureaus,
centers, or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available
[[Page 133 STAT. 303]]
for obligation in fiscal year 2019, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the department and agency funded under title I of this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance of such obligation: Provided, That the President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other major
defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress or 20 percent in excess
of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to subsection (f) of
this section shall include information (if known on the date of
transmittal of such notification) on the use of notwithstanding
authority: Provided further, That if subsequent to the notification of
assistance it becomes necessary to rely on notwithstanding authority,
the Committees on Appropriations should be informed at the earliest
opportunity and to the extent practicable.
(d) Department of Defense Programs and Funding Notifications.--
[[Page 133 STAT. 304]]
(1) Programs.--None of the funds appropriated by this Act or
prior Acts making appropriations for the Department of State,
foreign operations, and related programs may be made available
to support or continue any program initially funded under any
authority of title 10, United States Code, or any Act making or
authorizing appropriations for the Department of Defense, unless
the Secretary of State, in consultation with the Secretary of
Defense and in accordance with the regular notification
procedures of the Committees on Appropriations, submits a
justification to such Committees that includes a description of,
and the estimated costs associated with, the support or
continuation of such program.
(2) Funding.--Notwithstanding any other provision of law,
funds transferred by the Department of Defense to the Department
of State and the United States Agency for International
Development for assistance for foreign countries and
international organizations shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) Notification on excess defense articles.--Prior to
providing excess Department of Defense articles in accordance
with section 516(a) of the Foreign Assistance Act of 1961, the
Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess
defense articles under the Arms Export Control Act, the
Department of Defense shall notify the Committees on
Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of
the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if notification is
required elsewhere in this Act for the use of appropriated funds
for specific countries that would receive such excess defense
articles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense
articles.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, That in case of any such waiver, notification to the
Committees on Appropriations shall be provided as early as practicable,
but in no event later than 3 days after taking the action to which such
notification requirement was applicable, in the context of the
circumstances necessitating such waiver: Provided further, That any
notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala,
Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, Nicaragua,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Uzbekistan, Venezuela,
[[Page 133 STAT. 305]]
Yemen, and Zimbabwe except as provided through the regular notification
procedures of the Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds available for the
Department of State, foreign operations, and related programs that are
made available for a trust fund held by an international financial
institution shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided, That such notification
shall include the information specified under this section in the
explanatory statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018 (division K of
Public Law 115-141).
(h) Other Program Notification Requirement.--
(1) Diplomatic programs.--Funds appropriated under title I
of this Act under the heading ``Diplomatic Programs'' that are
made available for a pilot program for lateral entry into the
Foreign Service shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(2) Other programs.--Funds appropriated by this Act that are
made available for the following programs and activities shall
be subject to the regular notification procedures of the
Committees on Appropriations--
(A) The Global Engagement Center, except that the
Secretary of State shall consult with the appropriate
congressional committees prior to submitting such
notification;
(B) The Power Africa initiative, or any successor
program;
(C) Community-based police assistance conducted
pursuant to the authority of section 7049(a)(1) of this
Act;
(D) Programs to counter foreign fighters and
extremist organizations, pursuant to section 7071(a) of
this Act;
(E) The Relief and Recovery Fund;
(F) The Indo-Pacific Strategy;
(G) The Global Security Contingency Fund;
(H) The Countering Russian Influence Fund; and
(I) Programs to end modern slavery.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
(j) Requirement to Inform, Coordinate, and Consult.--
(1) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in which
funds appropriated by this Act for assistance for Iraq, Libya,
Somalia, Syria, the Counterterrorism Partnership Fund, the
Relief and Recovery Fund, or programs to counter extremism and
foreign fighters abroad, have been diverted or destroyed, to
include the type and amount of assistance, a description of the
incident and parties involved, and an explanation of the
response of the Department of State or USAID, as appropriate:
Provided, That the Secretary shall ensure such funds are
coordinated with, and complement, the programs of other United
States
[[Page 133 STAT. 306]]
Government departments and agencies and international partners
in such countries and on such activities.
(2) The Secretary of State shall consult with the Committees
on Appropriations at least seven days prior to informing a
government of, or publically announcing a decision on, the
suspension of assistance to a country or a territory, including
as a result of an interagency review of such assistance, from
funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs.
document requests, records management, and related cybersecurity
protections
Sec. 7016. (a) Requests for Documents.--None of the funds
appropriated or made available pursuant to titles III through VI of this
Act shall be available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any document,
file, or record necessary to the auditing requirements of the Department
of State and the United States Agency for International Development.
(b) Records Management and Related Cybersecurity Protections.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses'' and
``Capital Investment Fund'' in title II that are made available
to the Department of State and USAID may be made available to
support the use or establishment of email accounts or email
servers created outside the .gov domain or not fitted for
automated records management as part of a Federal government
records management program in contravention of the Presidential
and Federal Records Act Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) regularly review and update the policies,
directives, and oversight necessary to comply with
Federal statutes, regulations, and presidential
executive orders and memoranda concerning the
preservation of all records made or received in the
conduct of official business, including record emails,
instant messaging, and other online tools;
(B) use funds appropriated by this Act under the
headings ``Diplomatic Programs'' and ``Capital
Investment Fund'' in title I, and ``Operating Expenses''
and ``Capital Investment Fund'' in title II, as
appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the
Department of State and USAID;
(C) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government;
[[Page 133 STAT. 307]]
(D) improve the response time for identifying and
retrieving Federal records, including requests made
pursuant to section 552 of title 5, United States Code
(commonly known as the ``Freedom of Information Act'');
and
(E) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain, improve the process to identify and remove
inactive user accounts, update and enforce guidance
related to the control of national security information,
and implement the recommendations of the applicable
reports of the cognizant Office of Inspector General.
use of funds in contravention of this act
Sec. 7017. If the President makes a determination not to comply
with any provision of this Act on constitutional grounds, the head of
the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the basis
for such determination and any resulting changes to program and policy.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family planning.
None of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
allocations and reports
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the joint explanatory statement accompanying this
Act: Provided, That such designated amounts for foreign countries and
international organizations shall serve as the amounts for such
countries and international organizations transmitted to Congress in the
report required by section 653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the
[[Page 133 STAT. 308]]
United States Agency for International Development, as applicable, may
only deviate up to 10 percent from the amounts specifically designated
in the respective tables included in the joint explanatory statement
accompanying this Act: Provided, That such percentage may be exceeded
only if the Secretary of State and USAID Administrator, as applicable,
determines and reports to the Committees on Appropriations on a case-by-
case basis that such deviation is necessary to respond to significant,
exigent, or unforeseen events or to address other exceptional
circumstances directly related to the national security interest of the
United States: Provided further, That deviations pursuant to the
previous proviso shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, no deviations authorized
by subsection (b) may take place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the joint explanatory statement accompanying
this Act;
(B) funds for which the initial period of
availability has expired;
(C) amounts designated by this Act as minimum
funding requirements; and
(D) funds made available for a country pursuant to
sections 7043(c), 7047(d), and 7071(b) of this Act.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the joint
explanatory statement accompanying this Act shall not apply to
the table included under the heading ``Global Health Programs''
in such explanatory statement.
(3) With respect to the amounts designated for ``Global
Programs'' in the table under the heading ``Economic Support
Fund'' included in the joint explanatory statement accompanying
this Act, subsection (b) shall be applied by substituting ``5
percent'' for ``10 percent''.
(e) Reports.--The Secretary of State and the USAID Administrator, as
appropriate, shall submit the reports required, in the manner described,
in House Report 115-829, Senate Report 115-282, and the joint
explanatory statement accompanying this Act, unless directed otherwise
in such explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests, and--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
[[Page 133 STAT. 309]]
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including entrance
fees at sporting events, theatrical and musical productions, and
amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available under titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act: Provided, That
the prohibition under this section with respect to a foreign
government shall terminate 12 months after that government
ceases to provide such military equipment: Provided further,
That this section applies with respect to lethal military
equipment provided under a contract entered into after October
1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished if the
President determines that to do so is important to the national
interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount of
such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
[[Page 133 STAT. 310]]
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall also
be considered to include central, country, regional, and program level
funding, either as--
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days after enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency
[[Page 133 STAT. 311]]
shall consult with the Committees on Appropriations and report to such
Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production of any
commodity for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the judgment
of its Board of Directors the benefits to industry and employment in the
United States are likely to outweigh the injury to United States
producers of the same, similar, or competing commodity, and the Chairman
of the Board so notifies the Committees on Appropriations: Provided
further, That this subsection shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in a
foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
[[Page 133 STAT. 312]]
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions
to use the voice and vote of the United States to oppose any assistance
by such institutions, using funds appropriated or made available by this
Act, for the production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the assistance will
cause substantial injury to United States producers of the same,
similar, or competing commodity.
separate accounts
Sec. 7026. (a) <<NOTE: 22 USC 2362 note.>> Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
[[Page 133 STAT. 313]]
(5) Report.--The USAID Administrator shall report as part of
the congressional budget justification submitted to the
Committees on Appropriations on the use of local currencies for
the administrative requirements of the United States Government
as authorized in subsection (a)(2)(B), and such report shall
include the amount of local currency (and United States dollar
equivalent) used or to be used for such purpose in each
applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance,
that country shall be required to maintain such funds in a
separate account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion of
the United States interests that will be served by such
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against abortion
or involuntary sterilizations contained in this or any other Act.
[[Page 133 STAT. 314]]
(b) Public Law 480.--During fiscal year 2019, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480; 7 U.S.C. 1721 et seq.): Provided, That none of the
funds appropriated to carry out title I of such Act and made available
pursuant to this subsection may be obligated or expended except as
provided through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Report.--In addition to the requirements of subsection (a)(1),
the USAID Administrator shall report to the appropriate congressional
committees not later than 45 days after the end of fiscal year 2019 on
all awards subject to limited or no competition for local entities:
Provided, That such report shall be posted on the USAID website:
Provided further, That the requirements of this subsection shall only
apply to awards in excess of $3,000,000 and sole source awards to local
entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
continue in effect during fiscal year 2019.
international financial institutions
Sec. 7029. (a) Evaluations and Report.--The Secretary of the
Treasury shall instruct the United States executive director
[[Page 133 STAT. 315]]
of each international financial institution to seek to require that such
institution adopts and implements a publicly available policy, including
the strategic use of peer reviews and external experts, to conduct
independent, in-depth evaluations of the effectiveness of at least 25
percent of all loans, grants, programs, and significant analytical non-
lending activities in advancing the institution's goals of reducing
poverty and promoting equitable economic growth, consistent with
relevant safeguards, to ensure that decisions to support such loans,
grants, programs, and activities are based on accurate data and
objective analysis: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2018 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy
if such institution has adopted and is implementing any social
or environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to vote against loans or other financing for
projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation; cultural protection; and empowerment of
local populations, including free, prior and informed
consent of affected indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international
[[Page 133 STAT. 316]]
financial institution to promote human rights due diligence and risk
management, as appropriate, in connection with any loan, grant, policy,
or strategy of such institution in accordance with the criteria
specified under this subsection in Senate Report 115-282: Provided,
That prior to voting on any such loan, grant, policy, or strategy the
executive director shall consult with the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, if the
executive director has reason to believe that such loan, grant, policy,
or strategy could result in forced displacement or other violation of
human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management and
judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken in fiscal year 2018 by the
United States executive directors and the international financial
institutions consistent with this subsection compared to the previous
fiscal year.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development may
place in interest bearing accounts local currencies which accrue to that
organization as a result of economic assistance provided under title III
of this Act and, subject to the regular notification procedures of the
Committees on Appropriations, any interest earned on such investment
shall be used for the purpose for which the assistance was provided to
that organization.
[[Page 133 STAT. 317]]
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of such
agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis its
national budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of $10,000,000 and
all funds available for cash transfer, budget support, and cash
payments to individuals.
(3) Suspension of assistance.--The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the
Secretary has credible information of material misuse of such
assistance, unless the Administrator or the Secretary reports to
the Committees on Appropriations that it is in the
[[Page 133 STAT. 318]]
national interest of the United States to continue such
assistance, including a justification, or that such misuse has
been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2020 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not later than 90 days after enactment of this
Act and every 6 months thereafter until September 30, 2020, the
USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in paragraph
(1) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country to
any international financial institution.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include receipts
and expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
or update any determination of ``significant progress'' or ``no
significant progress'' in meeting the minimum requirements of
fiscal transparency, and make such determinations publicly
available in an annual ``Fiscal Transparency Report'' to be
posted on the Department of State website: Provided, That the
Secretary shall identify the significant progress made by each
such government to publicly disclose national budget
documentation, contracts, and licenses which are additional to
such information disclosed in previous fiscal years, and include
specific recommendations of short- and long-term steps such
government should take to improve fiscal transparency: Provided
further, That the annual report shall include a detailed
description of how funds appropriated by this Act
[[Page 133 STAT. 319]]
are being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (3).
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1) Ineligibility.--
(A) Officials of foreign governments and their
immediate family members about whom the Secretary of
State has credible information have been involved in
significant corruption, including corruption related to
the extraction of natural resources, or a gross
violation of human rights shall be ineligible for entry
into the United States.
(B) The Secretary shall also publicly or privately
designate or identify officials of foreign governments
and their immediate family members about whom the
Secretary has such credible information without regard
to whether the individual has applied for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) Waiver.--The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on
Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well as
the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but for
the application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State website.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
[[Page 133 STAT. 320]]
(d) Extraction of Natural Resources.--
(1) Assistance.--Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section 8204
of the Food, Conservation, and Energy Act of 2008 (Public Law
110-246; 122 Stat. 2052) and the amendments made by such
section, and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury website, that
it is the policy of the United States to vote against
any assistance by such institutions (including any loan,
credit, grant, or guarantee) to any country for the
extraction and export of a natural resource if the
government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered for--
(i) accurately accounting for and public
disclosure of payments to the host government by
companies involved in the extraction and export of
natural resources;
(ii) the independent auditing of accounts
receiving such payments and public disclosure of
the findings of such audits; and
(iii) public disclosure of such documents as
Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such
dissemination or disclosure for the redaction of,
or exceptions for, information that is
commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(e) Foreign Assistance Website.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance
website: Provided, That all Federal agencies funded under this Act
shall provide such information on foreign assistance, upon request, to
the Department of State.
democracy programs
Sec. 7032. (a) Funding.--
[[Page 133 STAT. 321]]
(1) In general.--Of the funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support
Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,400,000,000 shall be made
available for democracy programs.
(2) Programs.--Of the funds made available for democracy
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' pursuant to
paragraph (1), not less than $89,540,000 shall be made available
to the Bureau of Democracy, Human Rights, and Labor, Department
of State, at not less than the amounts specified for certain
countries and regional programs designated in the table under
this section in the joint explanatory statement accompanying
this Act.
(b) Authorities.--
(1) Funds made available by this Act for democracy programs
pursuant to subsection (a) and under the heading ``National
Endowment for Democracy'' may be made available notwithstanding
any other provision of law, and with regard to the National
Endowment for Democracy (NED), any regulation.
(2) Funds made available by this Act for the NED are made
available pursuant to the authority of the National Endowment
for Democracy Act (title V of Public Law 98-164), including all
decisions regarding the selection of beneficiaries.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as determined
by the Secretary of State or the Administrator of the United States
Agency for International Development, as appropriate.
(e) Restriction on Prior Approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the USAID Administrator, shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus building
programs abroad with funds appropriated by this
[[Page 133 STAT. 322]]
Act in a manner that recognizes the unique benefits of grants and
cooperative agreements in implementing such programs: Provided, That
nothing in this paragraph shall be construed to affect the ability of
any entity, including United States small businesses, from competing for
proposals for USAID-funded civil society and political competition and
consensus building programs.
(g) Informing the National Endowment for Democracy.--The Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall regularly inform the National
Endowment for Democracy of democracy programs that are planned and
supported by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs.
(h) Protection of Civil Society Activists and Journalists.--Of the
funds appropriated by this Act under the headings ``Economic Support
Fund'' and ``Democracy Fund'', not less than $15,000,000 shall be made
available to support and protect civil society activists and journalists
who have been threatened, harassed, or attacked, consistent with the
action plan submitted pursuant to, and on the same terms and conditions
of, section 7032(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2018 (division K of Public Law 115-
141).
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Operations.--Funds appropriated by this Act under the
heading ``Diplomatic Programs'' shall be made available for the
Office of International Religious Freedom, Bureau of Democracy,
Human Rights, and Labor, Department of State, and the Special
Envoy to Promote Religious Freedom of Religious Minorities in
the Near East and South Central Asia, as authorized in the Near
East and South Central Asia Religious Freedom Act of 2014
(Public Law 113-161), including for support staff at not less
than the amounts specified for such offices in the table under
such heading in the joint explanatory statement accompanying
this Act.
(2) Curriculum.--Funds appropriated under the heading
``Diplomatic Programs'' and designated for the Office of
International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with section 708(a)(2) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)(2)).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund, not less
than $10,000,000 shall be made available for international
religious freedom programs: Provided, That the Ambassador-at-
Large for International Religious Freedom shall consult with the
Committees on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic
[[Page 133 STAT. 323]]
Support Fund'', not less than $10,000,000 shall be made
available for programs to protect vulnerable and persecuted
religious minorities: Provided, That a portion of such funds
shall be made available for programs to investigate the
persecution of such minorities by governments and non-state
actors and for the public dissemination of information collected
on such persecution, including on the Department of State
website.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities, including victims of genocide designated by the
Secretary of State and other groups that have suffered crimes
against humanity and ethnic cleansing, to--
(A) facilitate the implementation of an immediate,
coordinated, and sustained response to provide
humanitarian assistance;
(B) enhance protection of conflict victims,
including those facing a dire humanitarian crisis and
severe persecution because of their faith or ethnicity;
(C) improve access to secure locations for obtaining
humanitarian and resettlement services; and
(D) build resilience and help reestablish
livelihoods for displaced and persecuted persons in
their communities of origin.
(4) Transitional justice, reconciliation, and reintegration
programs.--Of the funds appropriated by this Act that are made
available for the Relief and Recovery Fund, not less than
$5,000,000 shall be made available to support transitional
justice, reconciliation, and reintegration programs for
vulnerable and persecuted religious minorities, including in the
Middle East and North Africa regions: Provided, That such funds
shall be matched, to the maximum extent practicable, from
sources other than the United States Government.
(5) Responsibility for funds.--Funds made available by
paragraphs (1) and (2) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the condition
of vulnerable and persecuted religious groups.
(d) Funding Clarification.--
(1) Funds made available pursuant to subsection (b) are in
addition to amounts otherwise made available for such purposes.
(2) Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the heading ``Economic Support Fund''
may be made available notwithstanding any other provision of law
for assistance for ethnic and religious minorities in Iraq and
Syria.
[[Page 133 STAT. 324]]
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of such
trafficking, may be made available notwithstanding any other provision
of law.
(b) Forensic Assistance.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $10,000,000 shall be
made available for forensic anthropology assistance related to
the exhumation and identification of victims of war crimes,
crimes against humanity, and genocide, which shall be
administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State: Provided, That such
funds shall be in addition to funds made available by this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs for assistance
for countries.
(2) Of the funds appropriated by this Act under the heading
``International Narcotics Control and Law Enforcement'', not
less than $8,000,000 shall be made available for DNA forensic
technology programs to combat human trafficking in Central
America and Mexico.
(c) Atrocities Prevention.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', not less than $5,000,000 shall
be made available for programs to prevent atrocities, including to
implement recommendations of the Atrocities Prevention Board, or any
successor entity: Provided, That the Under Secretary for Civilian
Security, Democracy, and Human Rights, Department of State, shall be
responsible for providing the strategic policy direction for, and policy
oversight of, funds made available pursuant to this subsection to the
Bureaus of International Narcotics and Law Enforcement Affairs and
Democracy, Human Rights, and Labor, Department of State: Provided
further, That funds made available pursuant to this subsection are in
addition to amounts otherwise made available for such purposes:
Provided further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(e) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites.--Funds appropriated by
this Act and prior Acts making appropriations for
[[Page 133 STAT. 325]]
the Department of State, foreign operations, and related
programs under the headings ``Economic Support Fund'' and
``Assistance for Europe, Eurasia and Central Asia'' may be made
available as contributions to establish and maintain memorial
sites of genocide, subject to the regular notification
procedures of the Committees on Appropriations.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic
Programs'', up to $500,000 may be made available for grants
pursuant to section 504 of the Foreign Relations Authorization
Act, Fiscal Year 1979 (22 U.S.C. 2656d), including to facilitate
collaboration with indigenous communities, and up to $1,000,000
may be made available for grants to carry out the activities of
the Cultural Antiquities Task Force.
(4) Innovation.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2019: Provided further,
That for purposes of this paragraph the term ``innovation
incentive award'' means the provision of funding on a
competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem related
to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices facilitating further development of
an idea or practice by third parties.
(5) Exchange visitor program.--None of the funds made
available by this Act may be used to modify the Exchange Visitor
Program administered by the Department of State to implement the
Mutual Educational and Cultural Exchange Act of 1961, as
amended, (Public Law 87-256; 22 U.S.C. 2451 et seq.), except
through the formal rulemaking process pursuant to the
Administrative Procedure Act and notwithstanding the exceptions
to such rulemaking process in such Act: Provided, That funds
made available for such purpose shall only be made available
after consultation with, and subject to the regular notification
procedures of, the Committees on Appropriations, regarding how
any proposed modification would affect the public diplomacy
goals of, and the estimated economic impact on, the United
States.
(6) Report.--The report required by section 502(d) of the
Intelligence Authorization Act for Fiscal Year 2017 (division N
of Public Law 115-31; 22 U.S.C. 254a note) shall be provided to
the Committees on Appropriations.
(7) Private sector partnerships.--Of the funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for private
sector partnerships, up to $50,000,000 may remain available
until September 30, 2021: Provided, That funds made available
pursuant to this paragraph may only be made available following
prior consultation with the appropriate congressional
committees, and the regular notification procedures of the
Committees on Appropriations.
(f) Partner Vetting.--Prior to initiating a partner vetting program,
or making significant changes to the scope of an existing
[[Page 133 STAT. 326]]
partner vetting program, the Secretary of State and USAID Administrator,
as appropriate, shall consult with the Committees on Appropriations.
(g) Contingencies.--During fiscal year 2019, the President may use
up to $125,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(h) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking appropriate
steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, That the Secretary shall report to the Committees on
Appropriations within 15 days of withholding funds under this
subsection.
(i) Cultural Preservation Project Determination.--None of the funds
appropriated in titles I and III of this Act may be used for the
preservation of religious sites unless the Secretary of State or the
USAID Administrator, as appropriate, determines and reports to the
Committees on Appropriations that such sites are historically,
artistically, or culturally significant, that the purpose of the project
is neither to advance nor to inhibit the free exercise of religion, and
that the project is in the national interest of the United States.
(j) Transfer of Funds for Extraordinary Protection.--The Secretary
of State may transfer to, and merge with, funds under the heading
``Protection of Foreign Missions and Officials'' unobligated balances of
expired funds appropriated under the heading ``Diplomatic Programs'' for
fiscal year 2019, except for funds designated for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985, at no
later than the end of the fifth fiscal year after the last fiscal year
for which such funds are available for the purposes for which
appropriated: Provided, That not more than $50,000,000 may be
transferred.
(k) Authority to Counter Extremism.--Funds made available by this
Act under the heading ``Economic Support Fund'' to counter extremism may
be made available notwithstanding any other provision of law restricting
assistance to foreign countries, except sections 502B and 620A of the
Foreign Assistance Act of 1961: Provided, That the use of the authority
of this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(l) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--Section 7034(k) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235) shall continue in effect during
fiscal year 2019.
(m) Extension of Authorities.--
(1) <<NOTE: 22 USC 214 note.>> Passport fees.--Section
1(b)(2) of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(2)) shall be applied by substituting ``September 30,
2019'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations
[[Page 133 STAT. 327]]
Act, 2009 (Public Law 111-32) shall remain in effect through
September 30, 2019.
(3) <<NOTE: 22 USC 2385 note.>> USAID civil service
annuitant waiver.--Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by
substituting ``September 30, 2019'' for ``October 1, 2010'' in
subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section 1113
of the Supplemental Appropriations Act, 2009 (Public Law
111-32) shall remain in effect through September 30,
2019.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009 (Public Law 111-
32)) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a
percentage) that would be payable to such member under
section 5304 of title 5, United States Code, if such
member's official duty station were in the District of
Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2018'' and inserting ``2018, and 2019''; and
(ii) in subsection (e), by striking ``2018''
each place it appears and inserting ``2019''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2018'' and inserting
``2019''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2019.
(7) <<NOTE: 22 USC 4831 note.>> Accountability review
boards.--The authority provided by section 301(a)(3) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall remain in effect for facilities in
Afghanistan through September 30, 2019, except that the
notification and reporting requirements contained in such
section shall include the Committees on Appropriations.
(8) Special inspector general for afghanistan reconstruction
competitive status.--Notwithstanding any other provision of law,
any employee of the Special Inspector General for Afghanistan
Reconstruction (SIGAR) who completes at least 12 months of
continuous service after the date of enactment of this Act or
who is employed on the date on which SIGAR terminates, whichever
occurs first, shall acquire competitive status for appointment
to any position in the competitive service for which the
employee possesses the required qualifications.
(9) <<NOTE: 8 USC 1715 note.>> Transfer of balances.--
Section 7081(h) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (division J of
Public Law 115-31) shall continue in effect during fiscal year
2019.
[[Page 133 STAT. 328]]
(10) Department of state inspector general waiver
authority.--The Inspector General of the Department of State may
waive the provisions of subsections (a) through (d) of section
824 of the Foreign Service Act of 1980 (22 U.S.C. 4064) on a
case-by-case basis for an annuitant reemployed by the Inspector
General on a temporary basis, subject to the same constraints
and in the same manner by which the Secretary of State may
exercise such waiver authority pursuant to subsection (g) of
such section.
(11) Extension of loan guarantees to israel.--Chapter 5 of
title I of the Emergency Wartime Supplemental Appropriations
Act, 2003 (Public Law 108-11; 117 Stat. 576) is amended under
the heading ``Loan Guarantees to Israel''--
(A) in the matter preceding the first proviso, by
striking ``September 30, 2019'' and inserting
``September 30, 2023''; and
(B) in the second proviso, by striking ``September
30, 2019'' and inserting ``September 30, 2023''.
(n) Monitoring and Evaluation.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``Development Assistance'', ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'' shall, as
appropriate, be made available for the regular collection of feedback
obtained directly from beneficiaries on the quality and relevance of
such assistance: Provided, That the Department of State and USAID shall
establish procedures for implementing partners that receive funds under
such headings for regularly collecting and responding to such feedback,
informing the Department of State and USAID of such procedures, and
reporting to the Department of State and USAID on actions taken in
response to the feedback received: Provided further, That the
Department of State and USAID shall regularly conduct oversight to
ensure that such feedback is regularly collected and used by
implementing partners to maximize the cost-effectiveness and utility of
such assistance.
(o) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-447) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, That the authority in section 525(b)(5) of the Foreign
Operations, Export Financing, and Related Programs Appropriation Act,
2005 (Public Law 108-447) shall be exercised by the Assistant
Administrator for Global Health, USAID, with respect to funds deposited
for such non-HIV/AIDS pharmaceuticals and other products, and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State shall
include in the congressional budget justification an accounting of
budgetary resources, disbursements, balances, and reimbursements related
to such fund.
(p) Loans, Consultation, and Notification.--
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
[[Page 133 STAT. 329]]
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Egypt, Jordan, Tunisia, and Ukraine,
which are authorized to be provided: Provided, That amounts
made available under this paragraph for the costs of such
guarantees shall not be considered assistance for the purposes
of provisions of law limiting assistance to a country.
(2) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act.
(3) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(q) Local Works.--
(1) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less
than $50,000,000 shall be made available for Local Works
pursuant to section 7080 of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113-235), which may remain available
until September 30, 2023.
(2) <<NOTE: 22 USC 2152i note.>> For the purposes of
section 7080 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235), ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000 from
USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) <<NOTE: 22 USC 262h note.>> International financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International
[[Page 133 STAT. 330]]
Development Association, the International Finance Corporation,
the Inter-American Development Bank, the International Monetary
Fund, the International Fund for Agricultural Development, the
Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African Development
Bank, the African Development Fund, and the Multilateral
Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall be deemed to include portions of Western Kordofan that
were previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) <<NOTE: 22 USC 2152i note.>> USAID.--In this Act, the
term ``USAID'' means the United States Agency for International
Development.
(6) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
(A) realistic and sustainable goals, criteria for
measuring progress, and a timeline for achieving such
goals;
(B) amounts and sources of funds by account;
(C) how such funds will complement other ongoing or
planned programs; and
(D) implementing partners, to the maximum extent
practicable.
(7) United states agency for global media.--References to
the ``Broadcasting Board of Governors, International
Broadcasting Operations'' account in any provision of law shall
be construed to include the ``United States Agency for Global
Media'' account in Acts making appropriations for the Department
of State, foreign operations, and related programs: Provided,
That references to the ``Broadcasting Board of Governors'' or
``BBG'' in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
shall be construed to include the ``United States Agency for
Global Media'' or ``USAGM''.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any
[[Page 133 STAT. 331]]
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines and
certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.--The President may waive subsection (a) if the President
determines that it is important to the national security interest of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent
[[Page 133 STAT. 332]]
with the provisions of section 7040 of this Act (``Limitation on
Assistance for the Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2019, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to appropriate
United States financial information in order to review the uses of
United States assistance for the Program funded under the heading
``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization: Provided, That the Secretary
of State
[[Page 133 STAT. 333]]
shall, as appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate assistance to
any individual, entity, or educational institution which the Secretary
has determined to be involved in or advocating terrorist activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for--
(A) the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism; and
(B) any educational institution located in the West
Bank or Gaza that is named after an individual who the
Secretary of State determines has committed an act of
terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Oversight by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act, up to $1,000,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
investigations, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Comptroller General of the United States Audit.--Subsequent to
the certification specified in subsection (a), the Comptroller General
of the United States shall conduct an audit and an investigation of the
treatment, handling, and uses of all funds for the bilateral West Bank
and Gaza Program, including all funds provided as cash transfer
assistance, in fiscal year 2019 under the heading ``Economic Support
Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
[[Page 133 STAT. 334]]
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interest of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll, and the Palestinian
Authority is acting to counter incitement of violence against Israelis
and is supporting activities aimed at promoting peace, coexistence, and
security cooperation with Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only if
the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
[[Page 133 STAT. 335]]
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full
accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
(A) Funding.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', up to
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not
less than $10,000,000 for scholarships for Egyptian
students with high financial need to attend not-for-
profit institutions of higher education: Provided, That
such funds shall be made available for democracy
programs, and for development programs in the Sinai:
Provided further, That such funds may not be made
available for cash transfer assistance or budget support
unless the Secretary of State certifies and reports to
the appropriate congressional committees that the
Government of Egypt is taking consistent and effective
steps to stabilize the economy and implement market-
based economic reforms.
(B) Withholding.--The Secretary of State shall
withhold from obligation funds appropriated by this Act
under the heading ``Economic Support Fund'' for
assistance for Egypt, an amount of such funds that the
Secretary determines to be equivalent to that expended
by the United States Government for bail, and by
nongovernmental organizations for legal and court fees,
associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has
dismissed the convictions
[[Page 133 STAT. 336]]
issued by the Cairo Criminal Court on June 4, 2013, in
``Public Prosecution Case No. 1110 for the Year 2012'',
and has not subjected the defendants to further
prosecution or if convicted they have been granted full
pardons.
(C) Limitation.--None of the funds appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the heading ``Economic Support Fund'' may
be made available for a contribution, voluntary or
otherwise, to the ``Civil Associations and Foundations
Support Fund'', or any similar fund, established
pursuant to Law 70 on Associations and Other Foundations
Working in the Field of Civil Work published in the
Official Gazette of Egypt on May 29, 2017.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', up to $1,300,000,000, to remain available
until September 30, 2020, may be made available for
assistance for Egypt: Provided, That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation
with the Committees on Appropriations: Provided
further, That $300,000,000 of such funds shall be
withheld from obligation until the Secretary of State
certifies and reports to the Committees on
Appropriations that the Government of Egypt is taking
sustained and effective steps to--
(i) advance democracy and human rights in
Egypt, including to govern democratically and
protect religious minorities and the rights of
women, which are in addition to steps taken during
the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms
of expression, association, and peaceful assembly,
including the ability of civil society
organizations, human rights defenders, and the
media to function without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces
accountable, including officers credibly alleged
to have violated human rights;
(v) investigate and prosecute cases of
extrajudicial killings and forced disappearances;
and
(vi) provide regular access for United States
officials to monitor such assistance in areas
where the assistance is used:
Provided further, That the certification requirement
of this paragraph shall not apply to funds appropriated
by this Act under such heading for counterterrorism,
border security, and nonproliferation programs for
Egypt.
(B) Waiver.--The Secretary of State may waive the
certification requirement in subparagraph (A) if the
Secretary determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the
[[Page 133 STAT. 337]]
use of such waiver and the reasons why any of the
requirements of subparagraph (A) cannot be met, and
including an assessment of the compliance of the
Government of Egypt with United Nations Security Council
Resolution 2270 and other such resolutions regarding
North Korea: Provided, That the report required by this
paragraph shall be submitted in unclassified form, but
may be accompanied by a classified annex.
(4) Oversight requirement.--The Secretary of State shall
take all practicable steps to ensure that mechanisms are in
place for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(5) Consultation requirement.--Not later than 90 days after
enactment of this Act, the Secretary of State shall consult with
the Committees on Appropriations on any plan to restructure
military assistance for Egypt.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic Programs'', ``Economic Support Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be used by the Secretary of State--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of United Nations Security Council Resolutions
or to efforts that advance Iran's nuclear program;
(C) to support the implementation and enforcement of
sanctions against Iran for support of nuclear weapons
development, terrorism, human rights abuses, and
ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be
administered by the Assistant Secretary for Near Eastern
Affairs, Department of State, in consultation with the
Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State.
(2) Continuation of prohibition.--The terms and conditions
of section 7041(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2012
(division I of Public Law 112-74) shall continue in effect
during fiscal year 2019.
(3) Reports.--
(A) Semi-annual report.--The Secretary of State
shall submit to the Committees on Appropriations the
semi-annual report required by section 135 of the Atomic
Energy Act of 1954 (42 U.S.C. 2160e(d)(4)), as added by
section 2 of the Iran Nuclear Agreement Review Act of
2015 (Public Law 114-17).
(B) Sanctions report.--Not later than 180 days after
the date of enactment of this Act, the Secretary of
State, in consultation with the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report on the status of the implementation
and enforcement of bilateral United States and
multilateral sanctions against Iran and actions taken by
the United States and the international community to
enforce such sanctions against Iran: Provided, That the
report shall also include
[[Page 133 STAT. 338]]
any entities involved in providing significant support
for the development of a ballistic missile by the
Government of Iran after October 1, 2015, including
shipping and financing, and note whether such entities
are currently under United States sanctions: Provided
further, That such report shall be submitted in an
unclassified form, but may contain a classified annex if
necessary.
(c) Iraq.--
(1) Purposes.--Funds appropriated under titles III and IV of
this Act shall be made available for assistance for Iraq for--
(A) bilateral economic assistance and international
security assistance, including for the Marla Ruzicka
Iraqi War Victims Fund;
(B) stabilization assistance at not less than the
amounts specified for such purpose in the table under
this subsection in the joint explanatory statement
accompanying this Act;
(C) humanitarian assistance, including in the
Kurdistan Region of Iraq; and
(D) programs to protect and assist religious and
ethnic minority populations in Iraq.
(2) Basing rights agreement.--None of the funds appropriated
or otherwise made available by this Act may be used by the
Government of the United States to enter into a permanent basing
rights agreement between the United States and Iraq.
(d) Jordan.--Of the funds appropriated by this Act under titles III
and IV, not less than $1,525,000,000 shall be made available for
assistance for Jordan, of which: not less than $1,082,400,000 shall be
made available under the heading ``Economic Support Fund'', of which not
less than $745,100,000 shall be made available for budget support for
the Government of Jordan; and not less than $425,000,000 shall be made
available under the heading ``Foreign Military Financing Program''.
(e) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(2) Consultation.--Funds appropriated by this Act under the
headings ``International Narcotics Control and Law Enforcement''
and ``Foreign Military Financing Program'' that are available
for assistance for Lebanon may be made available for programs
and equipment for the ISF and the LAF to address security and
stability requirements in areas affected by the conflict in
Syria, following consultation with the appropriate congressional
committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available
for assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
[[Page 133 STAT. 339]]
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available only
to professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups, and to implement United Nations Security Council
Resolution 1701: Provided, That funds may not be obligated for
assistance for the LAF until the Secretary of State submits to
the Committees on Appropriations a spend plan, including actions
to be taken to ensure equipment provided to the LAF is only used
for the intended purposes, except such plan may not be
considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
Assistance Act of 1961, and shall be submitted not later than
September 1, 2019: Provided further, That any notification
submitted pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(f) Libya.--
(1) Assistance.--Funds appropriated under titles III and IV
of this Act shall be made available for stabilization assistance
for Libya, including border security: Provided, That the
limitation on the uses of funds for certain infrastructure
projects in section 7041(f)(2) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to such
funds.
(2) Certification.--Prior to the initial obligation of funds
made available by this Act for assistance for Libya, the
Secretary of State shall certify and report to the Committees on
Appropriations that all practicable steps have been taken to
ensure that mechanisms are in place for monitoring, oversight,
and control of such funds.
(3) Cooperation on the september 2012 attack on united
states personnel and facilities.--None of the funds appropriated
by this Act may be made available for assistance for the central
Government of Libya unless the Secretary of State certifies and
reports to the Committees on Appropriations that such government
is cooperating with United States Government efforts to
investigate and bring to justice those responsible for the
attack on United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation in this
paragraph shall not apply to funds made available for the
purpose of protecting United States Government personnel or
facilities.
(g) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in
consultation with the USAID Administrator, shall consult with
the Committees on Appropriations on the proposed uses of such
funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military
[[Page 133 STAT. 340]]
Financing Program'' that are available for assistance for
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(h) Refugee Assistance in North Africa.--Not later than 45 days
after enactment of this Act, the Secretary of State, after consultation
with the United Nations High Commissioner for Refugees and the Executive
Director of the World Food Programme, shall submit a report to the
Committees on Appropriations describing steps taken to strengthen
monitoring of the delivery of humanitarian assistance provided for
refugees in North Africa, including any steps taken to ensure that all
vulnerable refugees are receiving such assistance.
(i) Syria.--
(1) Non-lethal assistance.--Of the funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Peacekeeping Operations'', not less than $40,000,000 shall be
made available, notwithstanding any other provision of law, for
non-lethal stabilization assistance for Syria, of which not less
than $7,000,000 shall be made available for emergency medical
and rescue response and chemical weapons use investigations.
(2) Syrian organizations.--Funds appropriated by this Act
that are made available for assistance for Syria shall be made
available, on an open and competitive basis, to continue to
strengthen the capability of Syrian civil society organizations
to address the immediate and long-term needs of the Syrian
people in Syria in a manner that supports the sustainability of
such organizations in implementing Syrian-led humanitarian and
development programs: Provided, That funds made available by
this paragraph shall be administered by the Bureau for
Democracy, Human Rights, and Labor, Department of State.
(3) Limitations.--Funds made available pursuant to paragraph
(1) of this subsection--
(A) may not be made available for a project or
activity that supports or otherwise legitimizes the
Government of Iran, foreign terrorist organizations (as
designated pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189)), or a proxy of Iran
in Syria; and
(B) should not be used in areas of Syria controlled
by a government led by Bashar al-Assad or associated
forces.
(4) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for assistance
for Syria, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria.
(5) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(j) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $191,400,000 shall be made available for
assistance for Tunisia.
(k) West Bank and Gaza.--
[[Page 133 STAT. 341]]
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) The Secretary of State may waive the
restriction in clause (i) of this subparagraph resulting
from the application of subclause (I) of such clause if
the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interest of the United States, and submits a report to
such Committees detailing how the waiver and the
continuation of assistance would assist in furthering
Middle East peace.
(B)(i) The President may waive the provisions of
section 1003 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (Public Law 100-204) if the
President determines and certifies in writing to the
Speaker of the House of Representatives, the President
pro tempore of the Senate, and the appropriate
congressional committees that the Palestinians have not,
after the date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) initiated or actively supported an ICC
investigation against Israeli nationals for
alleged crimes against Palestinians.
(ii) Not less than 90 days after the President is
unable to make the certification pursuant to clause (i)
of this subparagraph, the President may waive section
1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have
[[Page 133 STAT. 342]]
entered into direct and meaningful negotiations with
Israel: Provided, That any waiver of the provisions of
section 1003 of Public Law 100-204 under clause (i) of
this subparagraph or under previous provisions of law
must expire before the waiver under the preceding
sentence may be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the
enactment of this Act.
(3) Reduction.--The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ``Economic Support Fund'' for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of
terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals who
died committing acts of terrorism during the previous calendar
year: Provided, That the Secretary shall report to the
Committees on Appropriations on the amount reduced for fiscal
year 2019 prior to the obligation of funds for the Palestinian
Authority.
(4) Private sector partnership programs.--Funds appropriated
by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available for private sector partnership programs
for the West Bank and Gaza if such funds are authorized:
Provided, That funds made available pursuant to this paragraph
shall be subject to prior consultation with the appropriate
congressional committees, and the regular notification
procedures of the Committees on Appropriations.
(5) Security report.--The reporting requirements in section
1404 of the Supplemental Appropriations Act, 2008 (Public Law
110-252) shall apply to funds made available by this Act,
including a description of modifications, if any, to the
security strategy of the Palestinian Authority.
(6) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees detailing
steps taken by the Palestinian Authority to counter incitement
of violence against Israelis and to promote peace and
coexistence with Israel.
(l) Yemen.--Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for stabilization
assistance for Yemen.
africa
Sec. 7042. (a) African Great Lakes Region Assistance Restriction.--
Funds appropriated by this Act under the heading ``International
Military Education and Training'' for the central government of a
country in the African Great Lakes region may be made available only for
Expanded International Military Education and Training and professional
military education until the Secretary of State determines and reports
to the Committees on
[[Page 133 STAT. 343]]
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(c) Counter Lord's Resistance Army.--Funds appropriated by this Act
shall be made available for programs and activities in areas affected by
the Lord's Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act of 2009
(Public Law 111-172), including to improve physical access,
telecommunications infrastructure, and early-warning mechanisms and to
support the disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(d) Lake Chad Basin Countries.--Funds appropriated under titles III
and IV of this Act shall be made available, following consultation with
the Committees on Appropriations, for assistance for Cameroon, Chad,
Niger, and Nigeria for--
(1) democracy, development, and health programs;
(2) assistance for individuals targeted by foreign terrorist
and other extremist organizations, including Boko Haram,
consistent with the provisions of section 7059 of this Act;
(3) assistance for individuals displaced by violent
conflict; and
(4) counterterrorism programs.
(e) Malawi.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $56,000,000 shall be made
available for assistance for Malawi, of which up to $10,000,000 shall be
made available for higher education programs.
(f) South Sudan.--Funds appropriated by this Act that are made
available for assistance for the central Government of South Sudan may
only be made available, following consultation with the Committees on
Appropriations, for--
(1) humanitarian assistance;
(2) health programs, including to prevent, detect, and
respond to the Ebola virus disease;
(3) assistance to support South Sudan peace negotiations or
to advance or implement a peace agreement; and
(4) assistance to support implementation of outstanding
issues of the Comprehensive Peace Agreement and mutual
arrangements related to such agreement:
Provided, That of the funds appropriated by this Act for assistance
for South Sudan, not less than $7,000,000 shall be made available for
conflict mitigation and reconciliation programs: Provided further, That
prior to the initial obligation of funds made available pursuant to
paragraphs (3) and (4), the Secretary of State shall consult with the
Committees on Appropriations on the intended uses of such funds and
steps taken by such government to advance or implement a peace
agreement.
(g) Sudan.--
(1) Limitations.--
[[Page 133 STAT. 344]]
(A) Assistance.--Notwithstanding any other provision
of law, none of the funds appropriated by this Act may
be made available for assistance for the Government of
Sudan.
(B) Loans.--None of the funds appropriated by this
Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Exclusions.--The limitations of paragraph (1) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other
internationally recognized viable peace agreement in
Sudan.
(h) Zimbabwe.--
(1) <<NOTE: 22 USC 2151 note.>> Instruction.--The Secretary
of the Treasury shall instruct the United States executive
director of each international financial institution to vote
against any extension by the respective institution of any loan
or grant to the Government of Zimbabwe, except to meet basic
human needs or to promote democracy, unless the Secretary of
State certifies and reports to the Committees on Appropriations
that the rule of law has been restored, including respect for
ownership and title to property, and freedoms of expression,
association, and assembly.
(2) Limitation.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for macroeconomic
growth assistance if the Secretary reports to the Committees on
Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from
the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) Burma.--
(1) Bilateral economic assistance.--
(A) Economic support fund.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' for
assistance for Burma may be made available
notwithstanding any other provision of law, except for
this subsection, and following consultation with the
appropriate congressional committees.
(B) Uses.--Funds appropriated under title III of
this Act for assistance for Burma--
[[Page 133 STAT. 345]]
(i) shall be made available to strengthen
civil society organizations in Burma and for
programs to strengthen independent media;
(ii) shall be made available for community-
based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in
eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this
Act under the heading ``Migration and Refugee
Assistance'';
(iii) shall be made available for programs to
promote ethnic and religious tolerance and to
combat gender-based violence, including in
Rakhine, Shan, Kachin, and Karen states;
(iv) shall be made available to promote rural
economic development in Burma, including through
microfinance programs;
(v) shall be made available to increase
opportunities for foreign direct investment by
strengthening the rule of law, transparency, and
accountability;
(vi) shall be made available for programs to
investigate and document allegations of ethnic
cleansing and other gross violations of human
rights committed against the Rohingya people in
Rakhine state: Provided, That such sums shall be
in addition to funds otherwise made available for
such purposes;
(vii) shall be made available for programs to
investigate and document allegations of gross
violations of human rights committed in Burma,
particularly in areas of conflict; and
(viii) may be made available for ethnic groups
and civil society in Burma to help sustain
ceasefire agreements and further prospects for
reconciliation and peace, which may include
support to representatives of ethnic armed groups
for this purpose.
(C) Limitations.--Funds appropriated under title III
of this Act for assistance for Burma--
(i) may not be made available to any
individual or organization if the Secretary of
State has credible information that such
individual or organization has committed a gross
violation of human rights, including against
Rohingya and other minority groups, or that
advocates violence against ethnic or religious
groups or individuals in Burma;
(ii) may not be made available to any
organization or entity controlled by the armed
forces of Burma;
(iii) may only be made available for programs
to support the return of Rohingya, Karen, and
other refugees and internally displaced persons to
their locations of origin or preference in Burma
if such returns are voluntary and consistent with
international law; and
(iv) may only be made available for assistance
for the Government of Burma to support the
implementation of Nationwide Ceasefire Agreement
conferences, committees, and other procedures if
the Secretary of State reports to the Committees
on Appropriations that such procedures are
directed toward a
[[Page 133 STAT. 346]]
sustainable peace and the Government of Burma is
implementing its commitments under such Agreement.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, That the Department of State may continue
consultations with the armed forces of Burma only on human
rights and disaster response in a manner consistent with the
prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) Programs and responsibilities.--
(A) Any new program or activity in Burma initiated
in fiscal year 2019 shall be subject to prior
consultation with the appropriate congressional
committees.
(B) The United States Chief of Mission in Burma, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in
Burma.
(b) Cambodia.--
(1) Assistance.--
(A) None of the funds appropriated by this Act that
are made available for assistance for the Government of
Cambodia, except for health programs, may be obligated
or expended unless the Secretary of State certifies and
reports to the Committees on Appropriations that such
Government is taking effective steps to--
(i) strengthen regional security and
stability, particularly regarding territorial
disputes in the South China Sea and the
enforcement of international sanctions with
respect to North Korea; and
(ii) respect the rights and responsibilities
enshrined in the Constitution of the Kingdom of
Cambodia as enacted in 1993, including through
the--
(I) restoration of the civil and
political rights of the opposition
Cambodia National Rescue Party, media,
and civil society organizations;
(II) restoration of all elected
officials to elected offices held prior
to the July 2018 parliamentary
elections; and
(III) release of all political
prisoners, including journalists, civil
society activists, and members of the
opposition political party.
(B) Funds appropriated under title III of this Act
for assistance for Cambodia shall be made available
for--
(i) democracy programs, including research and
education programs associated with the Khmer Rouge
in Cambodia, except that no funds for such
purposes may be made available to the
Extraordinary Chambers in the Court of Cambodia;
and
(ii) programs in the Khmer language to counter
the influence of the People's Republic of China in
Cambodia.
(2) Visa restriction.--Funds appropriated under title I of
this Act shall be made available to continue to implement the
policy announced by the Department of State on December
[[Page 133 STAT. 347]]
6, 2017, to restrict the issuance of visas to enter the United
States to individuals involved in undermining democracy in
Cambodia, including the family members of such individuals, as
appropriate: Provided, That not later than 30 days after
enactment of this Act, the Secretary of State shall submit a
report to the appropriate congressional committees describing
the implementation of such policy.
(c) Indo-Pacific Strategy.--Of the funds appropriated by this Act,
not less than $160,000,000 shall be made available to support the
implementation of the Indo-Pacific Strategy: Provided, That such funds
are in addition to amounts otherwise made available for such purposes.
(d) North Korea.--
(1) Cybersecurity.--None of the funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be made
available for assistance for the central government of a country
the Secretary of State determines and reports to the appropriate
congressional committees engages in significant transactions
contributing materially to the malicious cyber-intrusion
capabilities of the Government of North Korea: Provided, That
the Secretary of State shall submit the report required by
section 209 of the North Korea Sanctions and Policy Enhancement
Act of 2016 (Public Law 114-122; 22 U.S.C. 9229), as amended, to
the Committees on Appropriations in the manner described in
subparagraph (2)(A) of such section: Provided further, That the
Secretary of State may waive the application of the restriction
in this paragraph with respect to assistance for the central
government of a country if the Secretary determines and reports
to the appropriate congressional committees that to do so is
important to the national security interest of the United
States, including a description of such interest served.
(2) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(3) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(4) Human rights promotion, database, and limitation on use
of funds.--
(A) Human rights promotion.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``Democracy Fund'' shall be made available for the
promotion of human rights in North Korea: Provided,
That the authority of section 7032(b) of this Act shall
apply to such funds.
(B) Database.--Funds appropriated by this Act under
title III shall be made available to maintain a database
of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76).
[[Page 133 STAT. 348]]
(C) Limitation.--None of the funds made available by
this Act under the heading ``Economic Support Fund'' may
be made available for assistance for the Government of
North Korea.
(e) People's Republic of China.--
(1) Limitation on use of funds.--None of the funds
appropriated under the heading ``Diplomatic Programs'' in this
Act may be obligated or expended for processing licenses for the
export of satellites of United States origin (including
commercial satellites and satellite components) to the People's
Republic of China (PRC) unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed
action.
(2) People's liberation army.--The terms and requirements of
section 620(h) of the Foreign Assistance Act of 1961 shall apply
to foreign assistance projects or activities of the People's
Liberation Army (PLA) of the PRC, to include such projects or
activities by any entity that is owned or controlled by, or an
affiliate of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act
may be used to finance any grant, contract, or cooperative
agreement with the PLA, or any entity that the Secretary of
State has reason to believe is owned or controlled by, or an
affiliate of, the PLA.
(3) Authority and notification requirement.--
(A) Authority.--The uses of funds made available by
this Act for the promotion of democracy in the PRC,
except for funds made available under subsection (g),
shall be the responsibility of the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State.
(B) Notification.--Funds appropriated by this Act
that are made available for trilateral programs
conducted with the PRC shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(f) Philippines.--None of the funds appropriated by this Act under
the heading ``International Narcotics Control and Law Enforcement'' may
be made available for counternarcotics assistance for the Philippines,
except for drug demand reduction, maritime law enforcement, or
transnational interdiction.
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Tibet autonomous region.--Notwithstanding any
other provision of law, of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $8,000,000 shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development,
[[Page 133 STAT. 349]]
education, and environmental conservation in Tibetan
communities in the Tibet Autonomous Region and in other
Tibetan communities in China.
(B) India and nepal.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'',
not less than $6,000,000 shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities
in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders
from such communities: Provided, That such funds are in
addition to amounts made available in subparagraph (A)
for programs inside Tibet.
(C) Tibetan governance.--Of the funds appropriated
by this Act under the heading ``Economic Support Fund'',
not less than $3,000,000 shall be made available for
programs to strengthen the capacity of Tibetan
institutions and governance.
(h) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other provision
of law, of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for activities related to the remediation of
dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the
military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $12,500,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
or cognitive or developmental disabilities.
(3) Reconciliation programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are made
available for assistance for Vietnam shall be made available for
reconciliation programs to address war legacy issues.
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Funding and limitations.--Funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' that are made available
for assistance for Afghanistan--
(A) shall be made available to implement the South
Asia Strategy, the Revised Strategy for United States
Engagement in Afghanistan, and the United States Agency
for International Development Country Development
Cooperation Strategy for Afghanistan;
(B) shall be made available for programs in support
of such strategies that protect and strengthen the
rights of women and girls and promote the political and
economic empowerment of women, including their
meaningful inclusion in political processes: Provided,
That such assistance to promote the economic empowerment
of women shall
[[Page 133 STAT. 350]]
be made available as grants to Afghan organizations, to
the maximum extent practicable; and
(C) may not be made available for any program,
project, or activity that--
(i) cannot be sustained, as appropriate, by
the Government of Afghanistan or another Afghan
entity;
(ii) is not accessible for the purposes of
conducting effective oversight in accordance with
applicable Federal statutes and regulations;
(iii) initiates any new, major infrastructure
development; or
(iv) includes the participation of any Afghan
individual, organization, or government entity if
the Secretary of State has credible information
that such individual, organization, or entity is
knowingly involved in acts of grand corruption,
illicit narcotics production or trafficking, or
has committed a gross violation of human rights.
(2) Authorities.--
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of
the Foreign Assistance Act of 1961;
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, including in accordance with section
7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of the Department of
State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-
74) shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(3) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Nepal.--
(1) Assistance.--Of the funds appropriated under titles III
and IV of this Act, not less than $124,580,000 shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That such funds may only be made available for any additional
uses if the Secretary of State certifies and reports to the
Committees on Appropriations that the Government
[[Page 133 STAT. 351]]
of Nepal is investigating and prosecuting violations of human
rights and the laws of war, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(c) Pakistan.--
(1) International security assistance.--
(A) Limitation.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program''
for assistance for Pakistan may be made available only
to support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Consultation.--Not later than 30 days after
enactment of this Act, and prior to the submission of
the report required by section 653(a) of the Foreign
Assistance Act of 1961, the Secretary of State shall
consult with the Committees on Appropriations on the
amount of funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that is
anticipated to be subject to the January 2018 policy
decision of the United States to suspend security
assistance for Pakistan, or any subsequent policy
decision affecting such assistance: Provided, That the
Secretary shall promptly inform the appropriate
congressional committees in writing of any changes to
such policy, the justification for such changes, and the
progress made by the Government of Pakistan in meeting
the counterterrorism objectives described under this
section in Senate Report 115-282.
(C) Reprogramming.--Funds appropriated by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs under
the heading ``Foreign Military Financing Program'' for
assistance for Pakistan that are withheld from
obligation or expenditure by the Department of State may
be reprogrammed by the Secretary of State, except that
no such funds may be reprogrammed that are required to
complete payment on existing and previously approved
contracts: Provided, That such reprogramming shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(2) Bilateral economic assistance report.--Prior to the
obligation of funds made available by this Act under the heading
``Economic Support Fund'' for assistance for the central
Government of Pakistan, the Secretary of State shall submit a
report to the appropriate congressional committees detailing--
(A) the amount of financing and other support, if
any, provided by the Government of Pakistan to schools
supported by, affiliated with, or run by the Taliban or
any domestic or foreign terrorist organization in
Pakistan;
(B) the extent of cooperation by such government in
issuing visas in a timely manner for United States
visitors, including officials and representatives of
nongovernmental organizations, engaged in assistance and
security programs in Pakistan;
(C) the extent to which such government is providing
humanitarian organizations access to detainees,
internally displaced persons, and other Pakistani
civilians affected by conflict in Pakistan and the
region; and
[[Page 133 STAT. 352]]
(D) the extent to which such government is
strengthening democracy in Pakistan, including
protecting freedom of expression, assembly, and
religion.
(3) Authority and uses of funds.--
(A) Funds appropriated by this Act for assistance
for Pakistan may be made available notwithstanding any
other provision of law, except for section 620M of the
Foreign Assistance Act of 1961.
(B) Funds appropriated by this Act for assistance
for Pakistan that are made available for infrastructure
projects shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(C) The authorities and directives of section
7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) regarding
scholarships for women shall apply to funds appropriated
by this Act for assistance for Pakistan, following
consultation with the Committees on Appropriations.
(D) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' that are made available for assistance for
Pakistan shall be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to
manufacture improvised explosive devices and for
agriculture extension programs that encourage
alternative fertilizer use among Pakistani farmers to
decrease the dual use of fertilizer in the manufacturing
of improvised explosive devices.
(E) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'' that are made available for assistance for
Pakistan, not less than $15,000,000 shall be made
available for border security programs in Pakistan,
following consultation with the Committees on
Appropriations.
(F) Funds appropriated by title III of this Act
shall be made available for programs to promote
democracy in Pakistan.
(4) Withholding.--Of the funds appropriated under titles III
and IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation until
the Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released from
prison and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin Laden.
(5) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan: Provided, That the
Secretary shall inform the Committees on Appropriations of such
steps in a timely manner.
(d) Sri Lanka.--
(1) Bilateral economic assistance.--Funds appropriated under
title III of this Act shall be made available for assistance
[[Page 133 STAT. 353]]
for Sri Lanka for economic development and democracy programs,
particularly in areas recovering from ethnic and religious
conflict: Provided, That such funds shall be made available for
programs to assist in the identification and resolution of cases
of missing persons.
(2) Certification.--Funds appropriated by this Act for
assistance for the central Government of Sri Lanka, except for
funds made available for humanitarian assistance and victims of
trauma, may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Sri Lanka is--
(A) repealing laws that do not comply with
international standards for arrest and detention by
security forces, and ensuring that any successor
legislation meets such standards;
(B) increasing accountability and transparency in
governance;
(C) investigating allegations of arbitrary arrest
and torture, and supporting a credible justice mechanism
in compliance with United Nations Human Rights Council
Resolution (A/HCR/RES/30/1) of October 2015;
(D) returning military occupied lands in former
conflict zones to their rightful owners or compensating
those whose land was confiscated without due process,
and which is in addition to steps taken during the
previous calendar year;
(E) establishing a functioning office of missing
persons and assisting its investigations of cases of
missing persons from Sri Lanka's internal armed
conflicts with the cooperation of the armed forces of
Sri Lanka; and
(F) substantially reducing the presence of the armed
forces in former conflict zones and implementing a plan
for restructuring the armed forces to adopt a peacetime
role that contributes to post-conflict reconciliation
and regional security.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support humanitarian and
disaster response preparedness and maritime security,
including professionalization and training for the navy
and coast guard; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training and
equipment related to international peacekeeping
operations and improvements to peacekeeping-related
facilities, and only if the Government of Sri Lanka is
taking effective steps to bring to justice Sri Lankan
peacekeeping troops who have engaged in sexual
exploitation and abuse.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign
[[Page 133 STAT. 354]]
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act that are made available for assistance for countries in
South and Central Asia shall be made available to accelerate the
recruitment and enhance the retention and professionalism of
women in the judiciary, police, and other security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
(1) Conditions on assistance for the central governments of
el salvador, guatemala, and honduras.--Of the funds appropriated
by this Act under titles III and IV that are made available for
assistance for each of the central governments of El Salvador,
Guatemala, and Honduras, 50 percent may only be obligated after
the Secretary of State certifies and reports to the appropriate
congressional committees that such government is--
(A) informing its citizens of the dangers of the
journey to the southwest border of the United States;
(B) combating human smuggling and trafficking;
(C) improving border security, including preventing
illegal migration, human smuggling and trafficking, and
trafficking of illicit drugs and other contraband;
(D) cooperating with United States Government
agencies and other governments in the region to
facilitate the return, repatriation, and reintegration
of illegal migrants arriving at the southwest border of
the United States who do not qualify for asylum,
consistent with international law;
(E) working cooperatively with an autonomous,
publicly accountable entity to provide oversight of the
Plan of the Alliance for Prosperity in the Northern
Triangle in Central America (the Plan);
(F) combating corruption, including investigating
and prosecuting current and former government officials
credibly alleged to be corrupt;
(G) implementing reforms, policies, and programs to
increase transparency and strengthen public institutions
and the rule of law;
(H) working with local communities, civil society
organizations (including indigenous and other
marginalized groups), and local governments in the
implementation and evaluation of activities of the Plan;
(I) countering the activities of criminal gangs,
drug traffickers, and transnational criminal
organizations;
(J) investigating and prosecuting in the civilian
justice system government personnel who are credibly
alleged to have violated human rights;
(K) cooperating with commissions against corruption
and impunity and with regional human rights entities;
(L) supporting programs to reduce poverty, expand
education and vocational training for at-risk youth,
create jobs, and promote equitable economic growth,
particularly in areas contributing to large numbers of
migrants;
[[Page 133 STAT. 355]]
(M) creating a professional, accountable civilian
police force and ending the role of the military in
internal policing;
(N) protecting the right of political opposition
parties and other members of civil society to operate
without interference;
(O) implementing tax reforms; and
(P) resolving commercial disputes.
(2) Determinations and impact on assistance.--
(A) Insufficient progress.--The Secretary of State
shall periodically review the progress of each of the
central governments of El Salvador, Guatemala, and
Honduras in meeting the requirements of paragraph (1):
Provided, That if the Secretary determines and reports
to the appropriate congressional committees that
sufficient progress has not been made by such government
in meeting such requirements, the Secretary shall
suspend, in whole or in part, assistance for such
government for programs supporting such requirement, and
shall notify the appropriate congressional committees in
writing of such action: Provided further, That the
Secretary may resume such assistance if the Secretary
determines and reports to such committees that
corrective measures have been taken by such government.
(B) Change in national government.--Not later than
90 days following a change of national government in El
Salvador, Guatemala, or Honduras, the Secretary of State
shall determine whether or not such government is
meeting the requirements of paragraph (1) and submit a
report to the appropriate congressional committees
detailing the reasons for such determination: Provided,
That if the Secretary determines that such government is
not meeting such requirements, then the Secretary shall
suspend, in whole or in part, assistance for such
country until such time as such determination and report
can be made.
(C) Reprogramming.--Assistance suspended pursuant to
subparagraphs (A) or (B) may be reprogrammed if the
Secretary of State determines that corrective measures
have not been taken: Provided, That any such
reprogramming shall only be made available for
assistance for other countries in Latin America and the
Caribbean and shall be subject to the regular
notification procedures of the Committees on
Appropriations.
(3) Consultation.--The Secretary of State shall consult with
the Committees on Appropriations not less than 14 days prior to
submitting any certification made pursuant to subsection (a)(1)
and any suspension or reprogramming made pursuant to subsection
(a)(2).
(4) Exceptions and limitations.--
(A) Exceptions.--The limitation of paragraph (1)
shall not apply to funds appropriated by this Act that
are made available for the International Commission
against Impunity in Guatemala, the Mission to Support
the Fight against Corruption and Impunity in Honduras,
humanitarian assistance, and food security programs.
(B) Limitations.--None of the funds appropriated by
this Act that are made available for assistance for
countries
[[Page 133 STAT. 356]]
in Central America may be made available for direct
government-to-government assistance or for major
infrastructure projects.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $418,253,000 shall be made
available for assistance for Colombia, including to support the
efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
other criminal or illegal armed groups: Provided, That
aircraft supported by funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may
be used to transport personnel and supplies involved in
drug eradication and interdiction, including security
for such activities, and to provide transport in support
of alternative development programs and investigations
by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by
conflict through demining programs;
(E) assist communities impacted by significant
refugee or migrant populations; and
(F) implement a peace agreement between the
Government of Colombia and illegal armed groups, in
accordance with constitutional and legal requirements in
Colombia.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the
Government of Colombia and illegal armed groups.
(3) Counternarcotics.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' and made available for
counternarcotics assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Colombia has reduced overall illicit drug cultivation,
production, and trafficking.
(4) Human rights.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' and
made available for assistance for Colombia, 20 percent may be
obligated only after the Secretary of State certifies and
reports to the Committees on Appropriations that--
(A) the Special Jurisdiction for Peace and other
judicial authorities are taking effective steps to hold
accountable perpetrators of gross violations of human
rights in a manner consistent with international law,
including for
[[Page 133 STAT. 357]]
command responsibility, and sentence them to deprivation
of liberty;
(B) the Government of Colombia is taking effective
steps to reduce attacks against human rights defenders
and other civil society activists, trade unionists, and
journalists, and judicial authorities are prosecuting
those responsible for such attacks; and
(C) senior military officers responsible for
ordering, committing, and covering up cases of false
positives are being held accountable, including removal
from active duty if found guilty through criminal or
disciplinary proceedings.
(5) Exceptions.--The limitations of paragraphs (3) and (4)
shall not apply to funds made available for aviation instruction
and maintenance, and maritime and riverine security programs.
(c) Haiti.--
(1) Certification.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support
Fund'' that are made available for assistance for Haiti may not
be made available for assistance for the central Government of
Haiti unless the Secretary of State certifies and reports to the
Committees on Appropriations that such government is taking
effective steps, which are steps taken since the certification
and report submitted during the prior year, if applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent manner
based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increasing expenditures on
public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(2) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
(d) Venezuela.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $17,500,000 shall be
made available for programs to promote democracy and the rule of law in
Venezuela.
europe and eurasia
Sec. 7046. (a) Assistance.--
(1) Georgia.--Of the funds appropriated by this Act under
titles III and IV, not less than $127,025,000 shall be made
available for assistance for Georgia.
[[Page 133 STAT. 358]]
(2) Ukraine.--Of the funds appropriated by this Act under
titles III and IV, not less than $445,700,000 shall be made
available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That except as
otherwise provided in section 7047(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That prior to executing the
authority contained in the previous proviso, the Secretary of State
shall consult with the Committees on Appropriations on how such
assistance supports the national security interest of the United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) and
section 1424 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945 (Public Law 79-173); or
(6) humanitarian assistance.
(d) Turkey.--
(1) Turkish presidential protection directorate.--None of
the funds made available by this Act may be used to facilitate
or support the sale of defense articles or defense services to
the Turkish Presidential Protection Directorate (TPPD) under
chapter 2 of the Arms Export Control Act (22 U.S.C. 2761 et
seq.), unless the Secretary of State determines and reports to
the appropriate congressional committees that members of the
TPPD that are named in the July 17, 2017 indictment by the
Superior Court of the District of Columbia, and against whom
charges are pending, have returned to the United States to stand
trial in connection with the offenses contained in such
indictment or have otherwise been brought to justice: Provided,
That the limitation in this paragraph shall not apply to the use
of funds made available by this Act for border security
purposes, for North Atlantic Treaty Organization or coalition
operations, or to enhance the protection of United States
officials and facilities in Turkey.
(2) Restriction on funds.--
[[Page 133 STAT. 359]]
(A) Not later than November 1, 2019, but no sooner
than six months after enactment of this Act, the
Secretary of State, in consultation with the Secretary
of Defense, shall submit an update to the report
required by section 1282 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232) regarding the purchase by the Republic of
Turkey of the S-400 missile defense system from the
Russian Federation: Provided, That such report shall
also include a detailed description of plans for the
imposition of sanctions, if appropriate, for such
purchase pursuant to section 231 of the Countering
Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44).
(B) None of the funds appropriated by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
made available to deliver F-35 aircraft to the territory
of the Republic of Turkey until the report in
subparagraph (A) is submitted to the Congress.
countering russian influence and aggression
Sec. 7047. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has taken affirmative steps
intended to support or be supportive of the Russian Federation
annexation of Crimea or other territory in Ukraine: Provided,
That except as otherwise provided in subsection (a), the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to such
Committees that to do so is in the national interest of the
United States, and includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea or other territory in Ukraine;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea or other
territory in Ukraine under the control of Russian-backed
separatists, if such activity includes the participation
of Russian Government officials, or other Russian owned
or controlled financial entities; or
(C) assistance for Crimea or other territory in
Ukraine under the control of Russian-backed separatists,
if such assistance includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including
[[Page 133 STAT. 360]]
any loan, credit, or guarantee) for any program that violates
the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State determines
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over Crimea
and other territory in Ukraine under the control of Russian-
backed separatists.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central government of a country
that the Secretary of State determines and reports to the
Committees on Appropriations has recognized the independence of,
or has established diplomatic relations with, the Russian
occupied Georgian territories of Abkhazia and Tskhinvali Region/
South Ossetia: Provided, That the Secretary shall publish on
the Department of State website a list of any such central
governments in a timely manner: Provided further, That the
Secretary may waive the restriction on assistance required by
this paragraph if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, and includes a justification for
such interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(d) Countering Russian Influence Fund.--
(1) Of the funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'', not less than $275,000,000 shall
be made available to carry out the purposes of the Countering
Russian Influence Fund, as authorized by section 254 of the
Countering Russian Influence in Europe and Eurasia Act of 2017
(Public Law 115-44; 22 U.S.C. 9543) and notwithstanding the
country limitation in subsection (b) of such section, and
programs to enhance the capacity of law enforcement and security
forces in countries in Europe and Eurasia and strengthen
security cooperation between such countries and the United
States and the North Atlantic Treaty Organization, as
appropriate.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association
Agreements and trade agreements with the European Union, and to
reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the
[[Page 133 STAT. 361]]
Russian Federation, including to promote Internet freedom, and shall
also be made available to support the democracy and rule of law strategy
required by section 7071(d) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K of
Public Law 113-76).
united nations
Sec. 7048. (a) Transparency and Accountability.--
(1) Restrictions.--Of the funds appropriated under title I
and under the heading ``International Organizations and
Programs'' in title V of this Act that are available for
contributions to the United Nations (including the Department of
Peacekeeping Operations), any United Nations agency, or the
Organization of American States, 15 percent may not be obligated
for such organization, department, or agency until the Secretary
of State determines and reports to the Committees on
Appropriations that the organization, department, or agency is--
(A) posting on a publicly available website,
consistent with privacy regulations and due process,
regular financial and programmatic audits of such
organization, department, or agency, and providing the
United States Government with necessary access to such
financial and performance audits;
(B) effectively implementing and enforcing policies
and procedures which reflect best practices for the
protection of whistleblowers from retaliation, including
best practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation; and
(C) effectively implementing and enforcing policies
and procedures on the appropriate use of travel funds,
including restrictions on first class and business class
travel.
(2) Waiver.--The restrictions imposed by or pursuant to
paragraph (1) may be waived on a case-by-case basis if the
Secretary of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond
to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) Restrictions on united states delegations.--None of the
funds made available by this Act may be used to pay expenses for
any United States delegation to any specialized agency, body, or
commission of the United Nations if such agency, body, or
commission is chaired or presided over by a country, the
government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of
1979 as continued in effect pursuant to the International
Emergency Economic Powers Act (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
[[Page 133 STAT. 362]]
(2) Restrictions on contributions.--None of the funds made
available by this Act may be used by the Secretary of State as a
contribution to any organization, agency, commission, or program
within the United Nations system if such organization, agency,
commission, or program is chaired or presided over by a country
the government of which the Secretary of State has determined,
for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 6(j)(1)
of the Export Administration Act of 1979, or any other provision
of law, is a government that has repeatedly provided support for
acts of international terrorism.
(3) Waiver.--The Secretary of State may waive the
restriction in this subsection if the Secretary determines and
reports to the Committees on Appropriations that to do so is
important to the national interest of the United States,
including a description of the national interest served.
(c) United Nations Human Rights Council.--None of the funds
appropriated by this Act may be made available in support of the United
Nations Human Rights Council unless the Secretary of State determines
and reports to the Committees on Appropriations that participation in
the Council is important to the national interest of the United States
and that such Council is taking significant steps to remove Israel as a
permanent agenda item and ensure integrity in the election of members to
such Council: Provided, That such report shall include a description of
the national interest served and the steps taken to remove Israel as a
permanent agenda item and ensure integrity in the election of members to
such Council: Provided further, That the Secretary of State shall
report to the Committees on Appropriations not later than September 30,
2019, on the resolutions considered in the United Nations Human Rights
Council during the previous 12 months, and on steps taken to remove
Israel as a permanent agenda item and ensure integrity in the election
of members to such Council.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), the Secretary of State shall report to the Committees on
Appropriations, in writing, on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section 301(c)
of the Foreign Assistance Act of 1961 and continuing regular
reporting to the Department of State on actions it has taken to
ensure conformance with such conditions;
[[Page 133 STAT. 363]]
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely
fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) Capital Projects.--Any operating plan submitted pursuant to this
Act for funds made available under the heading ``Contributions to
International Organizations'' shall include information on capital
projects, as described under such heading in House Report 115-253.
(g) Report.--Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation or
expenditure in fiscal year 2019 for contributions to any organization,
department, agency, or program within the United Nations system or any
international program that are withheld from obligation or expenditure
due to any provision of law: Provided, That the Secretary shall update
such report each time additional funds are withheld by operation of any
provision of law: Provided further, That the reprogramming of any
withheld funds identified in such report, including updates thereof,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) In general.--Funds appropriated by this Act shall be
made available to implement section 301 of the Department of
State Authorities Act, Fiscal Year 2017 (Public Law 114-323).
(2) Withholding of funds.--The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until
the Secretary determines that the government of such country is
taking effective steps to hold the responsible members of such
unit accountable and to prevent future incidents: Provided,
That the Secretary shall promptly notify the government of each
country subject to any withholding of assistance pursuant to
this paragraph, and shall notify the appropriate congressional
committees of such withholding not later than 10 days
[[Page 133 STAT. 364]]
after a determination to withhold such assistance is made:
Provided further, That the Secretary shall, to the maximum
extent practicable, assist such government in bringing the
responsible members of such unit to justice.
(i) Additional Availability.--Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated by
this Act which are returned or not made available due to the
implementation of subsection (a), the second proviso under the heading
``Contributions for International Peacekeeping Activities'' in title I
of this Act, or section 307(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2227(a)), shall remain available for obligation until September
30, 2020: Provided, That the requirement to withhold funds for programs
in Burma under section 307(a) of the Foreign Assistance Act of 1961
shall not apply to funds appropriated by this Act.
(j) National Security Interest Withholding.--
(1) Withholding.--The Secretary of State shall withhold 5
percent of the funds appropriated by this Act under the heading
``Contributions to International Organizations'' for a
specialized agency or other entity of the United Nations if the
Secretary, in consultation with the United States Ambassador to
the United Nations, determines and reports to the Committees on
Appropriations that such agency or entity has taken an official
action that is against the national security interest of the
United States or an ally of the United States, including Israel.
(2) Release of funds.--The Secretary of State, in
consultation with the United States Ambassador to the United
Nations, may release funds withheld pursuant to paragraph (1) if
the Secretary determines and reports to the Committees on
Appropriations that such agency or entity is taking steps to
address the action that resulted in the withholding of such
funds.
(3) Reprogramming.--Should the Secretary of State be unable
to make a determination pursuant to paragraph (2) regarding the
release of withheld funds, such funds may be reprogrammed for
other purposes under the heading ``Contributions to
International Organizations''.
(4) Waiver.--The Secretary of State, following consultation
with the Committees on Appropriations, may waive the
requirements of this subsection if the Secretary determines that
to do so in the national interest.
(k) Transfer of Funds.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', $25,000,000 shall be transferred
to, and merged with, funds appropriated under the heading
``International Organizations and Programs'', of which $23,000,000 shall
be for a contribution to support the United Nations resident coordinator
system and $2,000,000 shall be for a contribution to the Montreal
Protocol Multilateral Fund.
law enforcement and security
Sec. 7049. (a) Assistance.--
(1) Community-based police assistance.--Funds made available
under titles III and IV of this Act to carry out the provisions
of chapter 1 of part I and chapters 4 and 6 of part II of the
Foreign Assistance Act of 1961, may be used,
[[Page 133 STAT. 365]]
notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority
through training and technical assistance in human rights, the
rule of law, anti-corruption, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance, including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(2) Combat casualty care.--
(A) Consistent with the objectives of the Foreign
Assistance Act of 1961 and the Arms Export Control Act,
funds appropriated by this Act under the headings
``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' shall be made available for combat
casualty training and equipment.
(B) The Secretary of State shall offer combat
casualty care training and equipment as a component of
any package of lethal assistance funded by this Act with
funds appropriated under the headings ``Peacekeeping
Operations'' and ``Foreign Military Financing Program'':
Provided, That the requirement of this subparagraph
shall apply to a country in conflict, unless the
Secretary determines that such country has in place, to
the maximum extent practicable, functioning combat
casualty care treatment and equipment that meets or
exceeds the standards recommended by the Committee on
Tactical Combat Casualty Care: Provided further, That
any such training and equipment for combat casualty care
shall be made available through an open and transparent
process.
(3) Counterterrorism partnerships fund.--Funds appropriated
by this Act under the heading Nonproliferation, Anti-terrorism,
Demining and Related Programs shall be made available for the
Counterterrorism Partnerships Fund for programs in areas
liberated from, under the influence of, or adversely affected
by, the Islamic State of Iraq and Syria or other terrorist
organizations: Provided, That such areas shall include the
Kurdistan Region of Iraq: Provided further, That prior to the
obligation of funds made available pursuant to this paragraph,
the Secretary of State shall take all practicable steps to
ensure that mechanisms are in place for monitoring, oversight,
and control of such funds: Provided further, That funds made
available pursuant to this paragraph shall be subject to prior
consultation with the appropriate congressional committees, and
the regular notification procedures of the Committees on
Appropriations.
(4) Training related to international humanitarian law.--The
Secretary of State shall offer training related to the
requirements of international humanitarian law as a component of
any package of lethal assistance funded by this Act with funds
appropriated under the headings ``Peacekeeping Operations'' and
``Foreign Military Financing Program'': Provided, That the
requirement of this paragraph shall not apply to a country that
is a member of the North Atlantic Treaty Organization (NATO), is
a major non-NATO ally designated by section 517(b) of the
Foreign Assistance Act of 1961, or is complying with
international humanitarian law: Provided
[[Page 133 STAT. 366]]
further, That any such training shall be made available through
an open and transparent process.
(5) Security force professionalization.--Funds appropriated
by this Act under the headings ``International Narcotics Control
and Law Enforcement'' and ``Peacekeeping Operations'' shall be
made available to increase the capacity of foreign military and
law enforcement personnel to operate in accordance with
appropriate standards relating to human rights and the
protection of civilians in the manner specified under this
section in the joint explanatory statement accompanying this
Act, following consultation with the Committees on
Appropriations: Provided, That funds made available pursuant to
this paragraph shall only be made available on an open and
competitive basis.
(b) Authorities.--
(1) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(2) Disarmament, demobilization, and reintegration.--Section
7034(d) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235) shall continue in effect during fiscal year 2019.
(3) International prison conditions.--Of the funds
appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International
Narcotics Control and Law Enforcement'', not less than
$5,000,000 shall be made available for assistance to eliminate
inhumane conditions in foreign prisons and other detention
facilities, notwithstanding section 660 of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State
and the USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of such funds prior to
obligation and not later than 120 days after enactment of this
Act: Provided further, That such funds shall be in addition to
funds otherwise made available by this Act for such purpose.
(4) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``of this section'' and all
that follows through the period at the end and inserting
``of this section after September 30, 2020.''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2019'' and inserting ``2019, and 2020''.
(5) Commercial leasing of defense articles.--Notwithstanding
any other provision of law, and subject to the regular
notification procedures of the Committees on Appropriations, the
authority of section 23(a) of the Arms Export Control Act may be
used to provide financing to Israel, Egypt, the North Atlantic
Treaty Organization (NATO), and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States
[[Page 133 STAT. 367]]
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having
possible civilian application), if the President determines that
there are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
(6) Special defense acquisition fund.--Not to exceed
$900,000,000 may be obligated pursuant to section 51(c)(2) of
the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2021: Provided, That the
provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
(7) Public disclosure.--For the purposes of funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related
programs that are made available for assistance for units of
foreign security forces, the term ``to the maximum extent
practicable'' in section 620M(d)(7) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) means that the identity of such
units shall be made publicly available unless the Secretary of
State, on a case-by-case basis, determines and reports to the
appropriate congressional committees that disclosure would
endanger the safety of human sources or reveal sensitive
intelligence sources and methods, or that non-disclosure is in
the national security interest of the United States: Provided,
That any such determination shall include a detailed
justification, and may be submitted in classified form.
(c) Limitations.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Landmines and cluster munitions.--
(A) Landmines.--Notwithstanding any other provision
of law, demining equipment available to the United
States Agency for International Development and the
Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the
Secretary of State may prescribe.
(B) Cluster munitions.--No military assistance shall
be furnished for cluster munitions, no defense export
license for cluster munitions may be issued, and no
cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(i) the submunitions of the cluster munitions,
after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended
operational environments, and the agreement
applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions
technology specifies that the cluster munitions
will only be used against clearly defined military
targets and will not be used where civilians are
known to be present or in areas normally inhabited
by civilians; or
[[Page 133 STAT. 368]]
(ii) such assistance, license, sale, or
transfer is for the purpose of demilitarizing or
permanently disposing of such cluster munitions.
(3) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries that
the Secretary of State determines are undemocratic or are
undergoing democratic transitions.
(d) Reports.--
(1) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated
and expended during fiscal year 2018, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(2) Quarterly status report.--Following the submission of
the quarterly report required by section 36 of Public Law 90-629
(22 U.S.C. 2776), the Secretary of State, in coordination with
the Secretary of Defense, shall submit to the Committees on
Appropriations a status report that contains the information
described under the heading ``Foreign Military Financing
Program'' in House Report 115-829.
(3) Vetting report.--
(A) In general.--Not later than 90 days after
enactment of this Act, the Secretary of State shall
submit a report to the appropriate congressional
committees on foreign assistance cases submitted for
vetting for purposes of section 620M of the Foreign
Assistance Act of 1961 during the preceding fiscal year,
including--
(i) the total number of cases submitted,
approved, suspended, or rejected for human rights
reasons; and
(ii) for cases rejected, a description of the
steps taken to assist the foreign government in
taking effective measures to bring the responsible
members of the security forces to justice, in
accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) Form.--The report required by this paragraph
shall be submitted in unclassified form, but may be
accompanied by a classified annex.
(4) Annual foreign military training report.--For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ``military training provided to foreign
military personnel by the Department of Defense and the
Department of State'' shall be deemed to include all military
training provided by foreign governments with funds appropriated
to the Department of Defense or the Department of State, except
for training provided by the government of a country designated
by section 517(b) of such Act as a major non-NATO ally.
[[Page 133 STAT. 369]]
arms trade treaty
Sec. 7050. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
international conferences
Sec. 7051. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
reports to the Committees on Appropriations at least 5 days in advance
that such attendance is important to the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic Programs'', ``International Narcotics Control and
Law Enforcement'', ``Andean Counterdrug Initiative'', and ``Andean
Counterdrug Programs'' may be used for any other program and in any
region.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) Authority.--The uses of aircraft purchased or leased by
the Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be coordinated
under the authority of the appropriate Chief of Mission:
Provided, That notwithstanding section 7006(b) of this Act, such
aircraft may be used to transport, on a reimbursable or non-
reimbursable basis, Federal and non-Federal personnel supporting
Department of State and USAID programs and activities: Provided
further, That official travel for other agencies for other
purposes may be supported on a reimbursable basis, or without
reimbursement when traveling on a space available basis:
Provided further, That funds received by the Department of State
in connection with the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Working Capital Fund of the Department and shall be available
for expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
[[Page 133 STAT. 370]]
(2) Scope.--The requirement and authorities of this
subsection shall only apply to aircraft, the primary purpose of
which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2010 (division F of Public Law 111-117) shall apply
to this Act: Provided, That the date ``September 30, 2009'' in
subsection (f)(2)(B) of such section shall be deemed to be ``September
30, 2018''.
international monetary fund
Sec. 7054. (a) Extensions.--The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of
Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private or multilateral creditors.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by Congress:
Provided, That not to exceed $25,000 may be made available to carry out
the provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533; 22 U.S.C. 2151a
note).
disability programs
Sec. 7056. (a) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for programs
and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the cost
of translation.
(b) Management, Oversight, and Technical Support.--Of the funds made
available pursuant to this section, 5 percent may be used for USAID for
management, oversight, and technical support.
[[Page 133 STAT. 371]]
united states agency for international development management
Sec. 7057. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$93,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980 (22 U.S.C. 3948 and 3949).
(b) <<NOTE: 22 USC 3948 note.>> Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2020.
(c) <<NOTE: 22 USC 3948 note.>> Conditions.--The authority of
subsection (a) should only be used to the extent that an equivalent
number of positions that are filled by personal services contractors or
other non-direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', are eliminated.
(d) <<NOTE: 22 USC 3948 note.>> Program Account Charged.--The
account charged for the cost of an individual hired and employed under
the authority of this section shall be the account to which the
responsibilities of such individual primarily relate: Provided, That
funds made available to carry out this section may be transferred to,
and merged with, funds appropriated by this Act in title II under the
heading ``Operating Expenses''.
(e) <<NOTE: 22 USC 3948 note.>> Foreign Service Limited
Extensions.--Individuals hired and employed by USAID, with funds made
available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant
to the authority of section 309 of the Foreign Service Act of 1980 (22
U.S.C. 3949), may be extended for a period of up to 4 years
notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ``Assistance for Europe,
Eurasia and Central Asia'', may be used, in addition to funds otherwise
available for such purposes, for the cost (including the support costs)
of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters, or man-made disasters subject to the regular notification
procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be used by
USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed
[[Page 133 STAT. 372]]
by the agency until permanent direct hire personnel are hired and
trained: Provided, That not more than 15 of such contractors shall be
assigned to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public Law
83-480; 7 U.S.C. 1721 et seq.), may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) Global Fund.--Of the funds appropriated by this Act that are
available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld
from obligation until the Secretary of State determines and reports to
the Committees on Appropriations that the Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
website;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global
Fund;
(B) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
aspects of the Global Fund, its grantees, recipients,
sub-recipients, and Local Fund Agents;
[[Page 133 STAT. 373]]
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation:
Provided, That such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year 2019
pursuant to the application of any other provision contained in
this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations.
(d) Repurposed Funds.--
(1) Uses.--Of the unobligated balances available under the
heading ``Bilateral Economic Assistance'' in title IX of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)--
(A) $38,000,000 shall be for programs to accelerate
the capabilities of targeted countries to prevent,
detect, and respond to infectious disease outbreaks; and
(B) $2,000,000 shall be made available for the
Emergency Reserve Fund established pursuant to section
7058(c)(1) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2017 (division J of Public Law 115-31) and shall be made
available under the same terms and conditions of such
section: Provided, That the second proviso of such
paragraph <<NOTE: 131 Stat. 697.>> is amended by
striking ``Secretary of State'' and inserting in lieu
thereof ``Administrator of the United States Agency for
International Development''.
(2) Consultation and notification.--Funds made available by
this subsection shall be subject to prior consultation
[[Page 133 STAT. 374]]
with, and the regular notification procedures of, the Committees
on Appropriations.
(3) Transfer between accounts.--Funds made available
pursuant to this subsection under the headings ``Global Health
Programs'' and ``International Disaster Assistance'' may be
transferred to, and merged with, funds made available under such
headings: Provided, That such transfer authority is in addition
to any other transfer authority provided by law.
(4) Clarification.--Funds made available pursuant to this
subsection are in addition to funds otherwise made available for
such purposes.
(5) Designation.--The amounts repurposed under this
subsection are designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985 and shall be
available only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available for programs
specifically designed to increase leadership opportunities for women in
countries where women and girls suffer discrimination due to law,
policy, or practice, by strengthening protections for women's political
status, expanding women's participation in political parties and
elections, and increasing women's opportunities for leadership positions
in the public and private sectors at the local, provincial, and national
levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated under titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated under titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of
gender-based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic
[[Page 133 STAT. 375]]
Support Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--Of the funds
appropriated by this Act under the heading ``Economic Support Fund'',
not less than $15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for the
activities described in section 7059(e)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2018
(division K of Public Law 115-141): Provided, That such funds are in
addition to amounts otherwise made available by this Act for such
purposes, and shall be made available following consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $800,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds shall also be used
for secondary education activities: Provided further,
That notifications submitted for basic education
programs should, as applicable, describe activities
conducted in support of non-state schools: Provided
further, That the Administrator of the United States
Agency for International Development, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries.
(B) Not later than 30 days after enactment of this
Act, the USAID Administrator shall report to the
Committees on Appropriations on the status of cumulative
unobligated balances and obligated, but unexpended,
balances in each country where USAID provides basic
education assistance and such report shall also include
details on the types of contracts and grants provided
and the goals and objectives of such assistance:
Provided, That the USAID Administrator shall update such
report on a quarterly basis until September 30, 2020:
Provided further, That if the USAID Administrator
determines that any unobligated balances of funds
specifically designated for assistance for basic
education in prior Acts making appropriations for the
Department of State, foreign operations, and related
programs are in excess of the absorptive capacity of
recipient countries, such funds may be made available
for other programs authorized under chapter 1 of part I
of the Foreign Assistance Act of 1961, notwithstanding
such funding designation: Provided further, That
[[Page 133 STAT. 376]]
the authority of the previous proviso shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $90,000,000 shall be made available for a
contribution to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education: Provided, That
such funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign countries,
and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That of
such amount, not less than $35,000,000 shall be made available
for human and institutional capacity building partnerships
between higher education institutions in the United States and
developing countries, of which not less than $15,000,000 shall
be for new partnerships: Provided further, That not later than
45 days after enactment of this Act, the USAID Administrator
shall consult with the Committees on Appropriations on the
proposed uses of funds for such partnerships.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $12,000,000
shall be made available for cooperative development programs of USAID,
and not less than $30,000,000 shall be made available for the American
Schools and Hospitals Abroad program: Provided, That any substantive
modifications from the prior fiscal year to the evaluation methodology
or criteria for selecting grantees for the American Schools and
Hospitals Abroad program shall be subject to prior consultation with the
Committees on Appropriations.
(c) Environment Programs.--
(1) Authority and notification.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, except
for the provisions of this subsection, to support
environment programs.
(B) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(C) None of the funds in this Act are appropriated
or otherwise made available for a contribution, grant,
or any other payment for the Green Climate Fund.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of
this Act, not less than $285,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary
[[Page 133 STAT. 377]]
of State determines has been credibly alleged to have
participated in wildlife poaching or trafficking, unless
the Secretary reports to the appropriate congressional
committees that to do so is in the national security
interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institutions (IFI) to vote against any
financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to any
loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114-79, while also considering
whether the project involves important foreign policy
objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $125,000,000 shall be made
available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
shall be made available for food security and agricultural development
programs to carry out the purposes of the Global Food Security Act of
2016 (Public Law 114-195), of which not less than $315,960,000 shall be
made available for the Bureau for Food Security, USAID, including not
less than $55,000,000 for the Feed the Future Innovation Labs:
Provided, That funds may be made available for a contribution as
authorized by section 3202 of the Food, Conservation, and Energy Act of
2008 (Public Law 110-246), as amended by section 3206 of the
Agricultural Act of 2014 (Public Law 113-79).
(e) Micro- and Small Enterprises.--Of the funds appropriated by this
Act, not less than $265,000,000 shall be made available to support the
development of, and access to financing for, micro- and small
enterprises that benefit the poor, especially women.
(f) Programs To Combat Trafficking in Persons.--Of the funds
appropriated by this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law Enforcement'', not
less than $67,000,000 shall be made available for activities to combat
trafficking in persons internationally, of which not less than
$45,000,000 shall be from funds made available under the heading
``International Narcotics Control and Law Enforcement'': Provided, That
funds appropriated by this Act that are made available for programs to
end modern slavery shall be in addition to funds made available by this
subsection to combat trafficking in persons.
(g) Reconciliation Programs.--Funds appropriated by this Act under
the headings ``Economic Support Fund'' and ``Development Assistance''
shall be made available to support people-to-people reconciliation
programs which bring together individuals of different ethnic,
religious, and political backgrounds from areas
[[Page 133 STAT. 378]]
of civil strife and war: Provided, That the USAID Administrator shall
consult with the Committees on Appropriations, prior to the initial
obligation of funds, on the uses of such funds, and such funds shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That to the maximum extent
practicable, such funds shall be matched by sources other than the
United States Government: Provided further, That such funds shall be
administered by the Office of Conflict Management and Mitigation, USAID.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $435,000,000 shall be made available for water supply and
sanitation projects pursuant to section 136 of the Foreign Assistance
Act of 1961, of which not less than $195,000,000 shall be for programs
in sub-Saharan Africa, and of which not less than $15,000,000 shall be
made available to support initiatives by local communities in developing
countries to build and maintain safe latrines.
enterprise funds
Sec. 7061. (a) Notification.--None of the funds made available under
titles III through VI of this Act may be made available for Enterprise
Funds unless the appropriate congressional committees are notified at
least 15 days in advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
impact on jobs in the united states
Sec. 7062. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
[[Page 133 STAT. 379]]
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2010 (division F of Public
Law 111-117);
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank of
the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of which is
to: (i) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-blend
countries; and (ii) increase exports of goods and services from
the United States or prevent the loss of jobs from the United
States.
overseas private investment corporation
Sec. 7063. (a) Transfer of Funds.--Whenever the President determines
that it is in furtherance of the purposes of the Foreign Assistance Act
of 1961, up to a total of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that
account: Provided, That such funds shall not be available for
administrative expenses of the Overseas Private Investment Corporation:
Provided further, That designated funding levels in this Act shall not
be transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) <<NOTE: 22 USC 2194 note.>> Authority.--Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961, the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2019.
inspectors general
Sec. 7064. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers
[[Page 133 STAT. 380]]
to such Inspector General and expressly limits the right of access of
such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report.--Each Inspector General covered by this section shall
report to the Committees on Appropriations within 5 calendar days of any
failure by any department or agency of the United States Government to
provide its Inspector General access to all requested records,
documents, and other materials.
global internet freedom
Sec. 7065. (a) Funding.--Of the funds available for obligation
during fiscal year 2019 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$60,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interest of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) for programs to implement the May 2011,
International Strategy for Cyberspace; the Department of
State International Cyberspace Policy Strategy required
by section 402 of the Cybersecurity Act of 2015
(division N of Public Law 114-113); and the
comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section
414 of the Iran Threat Reduction and Syria Human Rights
Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies
[[Page 133 STAT. 381]]
that provide or enhance access to the Internet,
including circumvention tools that bypass Internet
blocking, filtering, and other censorship techniques
used by authoritarian governments; and maintenance of
the technological advantage of the United States
Government over such censorship techniques: Provided,
That the Secretary of State, in consultation with the
Chief Executive Officer (CEO) of the Broadcasting Board
of Governors (BBG), shall coordinate any such research
and development programs with other relevant United
States Government departments and agencies in order to
share information, technologies, and best practices, and
to assess the effectiveness of such technologies; and
(E) made available only after the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, concurs that such funds are
allocated consistent with--
(i) the strategies referenced in subparagraph
(B) of this paragraph;
(ii) best practices regarding security for,
and oversight of, Internet freedom programs; and
(iii) sufficient resources and support for the
development and maintenance of anti-censorship
technology and tools.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on websites
that are censored; coordinate the distribution of BBG
digital content to targeted regional audiences; and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the BBG and
in a manner consistent with the BBG Internet freedom
strategy; and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the
Secretary of State and other relevant United States
Government departments and agencies, evaluates the risks
and benefits of such new tools or techniques, and
establishes safeguards to minimize the use of such new
tools or techniques for illicit purposes.
(c) Coordination and Spend Plans.--After consultation among the
relevant agency heads to coordinate and de-conflict planned activities,
but not later than 90 days after enactment of this Act, the Secretary of
State and the BBG CEO shall submit to the Committees on Appropriations
spend plans for funds made available by this Act for programs to promote
Internet freedom
[[Page 133 STAT. 382]]
globally, which shall include a description of safeguards established by
relevant agencies to ensure that such programs are not used for illicit
purposes: Provided, That the Department of State spend plan shall
include funding for all such programs for all relevant Department of
State and the United States Agency for International Development offices
and bureaus.
(d) Security Audits.--Funds made available pursuant to this section
to promote Internet freedom globally may only be made available to
support technologies that undergo comprehensive security audits
conducted by the Bureau of Democracy, Human Rights, and Labor,
Department of State to ensure that such technology is secure and has not
been compromised in a manner detrimental to the interest of the United
States or to individuals and organizations benefiting from programs
supported by such funds: Provided, That the security auditing
procedures used by such Bureau shall be reviewed and updated
periodically to reflect current industry security standards.
(e) Surge.--Of the funds appropriated by this Act under the heading
``Economic Support Fund'', up to $2,500,000 may be made available to
surge Internet freedom programs in closed societies if the Secretary of
State determines and reports to the appropriate congressional committees
that such use of funds is in the national interest: Provided, That such
funds are in addition to amounts made available for such purposes:
Provided further, That such funds may be transferred to, and merged
with, funds appropriated by this Act under the heading ``International
Broadcasting Operations'' following consultation with, and the regular
notification procedures of, the Committees on Appropriations.
multi-year pledges
Sec. 7066. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees on
Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
torture and other cruel, inhuman, or degrading treatment or punishment
Sec. 7067. (a) Limitation.--None of the funds made available by this
Act may be used to support or justify the use of torture and other
cruel, inhuman, or degrading treatment or punishment by any official or
contract employee of the United States Government.
(b) Assistance.--Funds appropriated under titles III and IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation
[[Page 133 STAT. 383]]
with the Committees on Appropriations, for assistance to eliminate
torture and other cruel, inhuman, or degrading treatment or punishment
by foreign police, military or other security forces in countries
receiving assistance from funds appropriated by this Act.
extradition
Sec. 7068. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Assistance'') for the central government of a
country which has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) Clarification.--Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition
treaty and the government of that country is in violation of the terms
and conditions of the treaty.
(c) Waiver.--The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary certifies to the
Committees on Appropriations that such waiver is important to the
national interest of the United States.
war crimes tribunals
Sec. 7069. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
budget documents
Sec. 7070. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency, or organization
funded in titles I, II, and VI of this Act, and the Department of the
Treasury and Independent Agencies funded in title III of this Act,
including the Inter-American Foundation and the United States African
Development Foundation, shall submit to the Committees on Appropriations
an operating plan for funds appropriated to such department, agency, or
organization in such
[[Page 133 STAT. 384]]
titles of this Act, or funds otherwise available for obligation in
fiscal year 2019, that provides details of the uses of such funds at the
program, project, and activity level: Provided, That such plans shall
include, as applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional directives
or approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative description/
justification: Provided further, That if such department, agency, or
organization receives an additional amount under the same heading in
title VIII of this Act, operating plans required by this subsection
shall include consolidated information on all such funds: Provided
further, That operating plans that include changes in levels of funding
for programs, projects, and activities specified in the congressional
budget justification, in this Act, or amounts specifically designated in
the respective tables included in the joint explanatory statement
accompanying this Act, as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of this Act.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds but not later
than 120 days after enactment of this Act, the Secretary of
State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, the West Bank and Gaza, Colombia, and
countries in Central America;
(B) assistance made available pursuant to section
7047(d) of this Act to counter Russian influence and
aggression, except that such plan shall be on a country-
by-country basis;
(C) assistance made available pursuant to section
7059 of this Act;
(D) the Indo-Pacific Strategy;
(E) democracy programs, Power Africa, programs to
support section 7071(a) of this Act, and sectors
enumerated in subsections (a), (c), (d), (e), (f), (g),
and (h) of section 7060 of this Act; and
(F) funds provided under the heading ``International
Narcotics Control and Law Enforcement'' for
International Organized Crime and for Cybercrime and
Intellectual Property Rights: Provided, That the spend
plans shall include bilateral and global programs funded
under such heading along with a brief description of the
activities planned for each country.
(2) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by
this Act under the heading ``Department of the Treasury,
International Affairs Technical Assistance'' in title III.
(3) Notwithstanding paragraph (1), up to 10 percent of the
funds contained in a spend plan required by this subsection may
be obligated prior to the submission of such spend plan if the
Secretary of State or the USAID Administrator, as appropriate,
determines that the obligation of such funds is necessary
[[Page 133 STAT. 385]]
to avoid significant programmatic disruption: Provided, That
not less than seven days prior to such obligation, the Secretary
or Administrator, as appropriate, shall consult with the
Committees on Appropriations on the justification for such
obligation and the proposed uses of such funds.
(c) Spending Report.--Not later than 45 days after enactment of this
Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2018 under the heading ``Development Credit
Authority''.
(d) Clarification.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2020:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than 10
calendar days thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds
requested under the headings ``Diplomatic Programs'' and
``Operating Expenses''.
stabilization and development in regions impacted by extremism and
conflict
Sec. 7071. (a) Countering Foreign Fighters and Extremist
Organizations.--Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to counter and
defeat violent extremism and foreign fighters abroad, consistent with
the strategy required by section 7073(a)(1) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2017
(division J of Public Law 115-31): Provided, That the Secretary of
State shall ensure such programs are coordinated with and complement the
efforts of other United States Government agencies and international
partners, and that information gained through the conduct of such
programs is shared in a timely manner with relevant departments and
agencies of the United States Government, other international partners,
and the appropriate congressional committees, as appropriate.
(b) Relief and Recovery Fund.--
(1) Funds and transfer authority.--Of the funds appropriated
by this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Peacekeeping Operations'', and ``Foreign Military
Financing Program'', not less than $200,000,000 shall be made
available for the Relief and Recovery Fund for assistance for
areas liberated or at risk from, or under the control of, the
Islamic State of Iraq and Syria, other terrorist organizations,
or violent extremist organizations, including for stabilization
[[Page 133 STAT. 386]]
assistance for vulnerable ethnic and religious minority
communities affected by conflict: Provided, That such funds are
in addition to amounts otherwise made available for such
purposes and to amounts specifically designated in this Act or
in the joint explanatory statement accompanying this Act for
assistance for countries: Provided further, That such funds
appropriated under such headings may be transferred to, and
merged with, funds appropriated under such headings: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by this Act or any other Act,
and is subject to the regular notification procedures of the
Committees on Appropriations.
(2) Transitional justice.--Of the funds appropriated by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' that are made available for the Relief and
Recovery Fund, not less than $5,000,000 shall be made available
for programs to promote accountability in Iraq and Syria for
genocide, crimes against humanity, and war crimes, which shall
be in addition to any other funds made available by this Act for
such purposes: Provided, That such programs shall include
components to develop local investigative and judicial skills,
and to collect and preserve evidence and maintain the chain of
custody of evidence, including for use in prosecutions:
Provided further, That such funds shall be administered by the
Special Coordinator for the Office of Global Criminal Justice,
Department of State: Provided further, That funds made
available by this paragraph shall only be made available on an
open and competitive basis.
(3) Funds for jordan and tunisia.--Of the funds appropriated
in prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for the Relief and Recovery Fund, not less than the following
amounts shall be made available--
(A) $50,000,000 for assistance for Jordan; and
(B) $50,000,000 for assistance for Tunisia:
Provided, That such funds are in addition to amounts otherwise
made available by this Act for such countries.
(c) Prevention of Failed States Through Public-Private
Partnerships.--Of the funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that are made available for the Relief and Recovery
Fund, up to $10,000,000 shall be made available to implement the program
described under this section in the joint explanatory statement
accompanying this Act, which shall be apportioned to USAID not later
than 90 days after enactment of this Act: Provided, That such funds
shall be in addition to funds made available for bilateral assistance
for such countries, and shall remain available until expended: Provided
further, That in addition to funds otherwise made available for such
purposes, up to $750,000 of the funds made available by this paragraph
may be used by USAID for administrative expenses related to the design
and implementation of such program.
(d) Counter Violent Extremism in Asia.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'', not less than
$2,500,000 shall be made available for programs to counter violent
extremism in Asia, including within the Buddhist community: Provided,
That such funds shall be administered by
[[Page 133 STAT. 387]]
the Mission Director of the Regional Development Mission for Asia,
USAID: Provided further, That such funds are in addition to funds
otherwise made available for such purposes.
(e) Fragile States and Extremism.--Funds appropriated by this Act
shall be made available for the purposes of section 7080 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2017 (division J of Public Law 115-31), subject to
the regular notification procedures of the Committees on Appropriations.
(f) Global Concessional Financing Facility.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' may be made
available for the Global Concessional Financing Facility of the World
Bank to provide financing to support refugees and host communities:
Provided, That such funds shall be in addition to funds made available
for bilateral assistance in the report required by section 653(a) of the
Foreign Assistance Act of 1961, and may only be made available subject
to prior consultation with the Committees on Appropriations.
united nations population fund
Sec. 7072. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2019, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation of
any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
[[Page 133 STAT. 388]]
reorganization and information technology
Sec. 7073. (a) Oversight.--
(1) Prior consultation and notification.--Funds appropriated
by this Act, prior Acts making appropriations for the Department
of State, foreign operations, and related programs, or any other
Act may not be used to implement a reorganization, redesign, or
other plan described in paragraph (2) by the Department of
State, the United States Agency for International Development,
or any other Federal department, agency, or organization funded
by this Act without prior consultation by the head of such
department, agency, or organization with the appropriate
congressional committees: Provided, That such funds shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That any such notification
submitted to such Committees shall include a detailed
justification for any proposed action, including the information
specified under this section in the joint explanatory statement
accompanying this Act: Provided further, That congressional
notifications submitted during the previous fiscal year pursuant
to section 7081 of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2018 (division K of
Public Law 115-141) may be deemed to meet the notification
requirements of this section.
(2) Description of activities.--Pursuant to paragraph (1), a
reorganization, redesign, or other plan shall include any action
to--
(A) expand, eliminate, consolidate, or downsize
covered departments, agencies, or organizations,
including bureaus and offices within or between such
departments, agencies, or organizations, including the
transfer to other agencies of the authorities and
responsibilities of such bureaus and offices;
(B) expand, eliminate, consolidate, or downsize the
United States official presence overseas including at
bilateral, regional, and multilateral diplomatic
facilities and other platforms; or
(C) expand or reduce the size of the Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID from the on-board levels as of December 31, 2017.
(b) Additional Requirements and Limitations.--
(1) Personnel levels.--Funds made available by this Act are
made available to support the agency-wide on-board Foreign
Service and Civil Service staff levels of the Department of
State and USAID at not less than the levels as of December 31,
2017.
(2) Reports.--
(A) Not later than 30 days after enactment of this
Act, and quarterly thereafter until September 30, 2020,
the USAID Administrator shall submit a report to the
appropriate congressional committees on the status of
USAID reorganization as described in the joint
explanatory statement accompanying this Act: Provided,
That the USAID Administrator shall consult with the
appropriate congressional committees on the format of
such reports.
[[Page 133 STAT. 389]]
(B) Not later than 60 days after enactment of this
Act and every 60 days thereafter until September 30,
2020, the Secretary of State, in the case of the
Department of State, and the USAID Administrator, in the
case of USAID, shall report to the appropriate
congressional committees on the on-board personnel
levels, hiring, and attrition of the Civil Service,
Foreign Service, eligible family member, and locally
employed staff workforce of the Department of State and
USAID, as appropriate, on an operating unit-by-operating
unit basis: Provided, That such report shall also
include a hiring plan, including timelines, for
maintaining the agency-wide, on-board Foreign Service
and Civil Service at not less than the December 31, 2017
level through fiscal year 2019.
(3) Bureau of population, refugees, and migration,
department of state.--None of the funds appropriated by this
Act, prior Acts making appropriations for the Department of
State, foreign operations, and related programs, or any other
Act may be used to downsize, downgrade, consolidate, close,
move, or relocate the Bureau of Population, Refugees, and
Migration, Department of State, or any activities of such
Bureau, to another Federal agency.
(4) Administration of funds.--Funds made available by this
Act--
(A) under the heading ``Migration and Refugee
Assistance'' shall be administered by the Assistant
Secretary for Population, Refugees, and Migration,
Department of State, and this responsibility shall not
be delegated; and
(B) that are made available for the Office of Global
Women's Issues shall be administered by the United
States Ambassador-at-Large for Global Women's Issues,
Department of State, and this responsibility shall not
be delegated.
(5) Information technology platform.--
(A) None of the funds appropriated in title I of
this Act under the heading ``Administration of Foreign
Affairs'' may be made available for a new major
information technology (IT) investment without the
concurrence of the Chief Information Officer, Department
of State.
(B) In complying with the requirements of this
paragraph, the Chief Information Officer, Department of
State, shall consider whether a new major information
technology investment--
(i) is consistent with the Department
Information Technology Strategic Plan;
(ii) maintains consolidated control over
enterprise IT functions or improves operational
maintenance;
(iii) improves Department of State resiliency
to a cyber-attack;
(iv) reduces Department of State IT costs over
the long-term; and
(v) is in accordance with the Federal
Acquisition Regulation (FAR), including FAR Part 6
regarding competition requirements.
(6) Technology modernization fund limitation.--
(A) None of the funds made available by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may
[[Page 133 STAT. 390]]
be used by an agency to submit a project proposal to the
Technology Modernization Board for funding from the
Technology Modernization Fund unless, not later than 15
days in advance of submitting the project proposal to
the Board, the head of the agency--
(i) notifies the Committees on Appropriations
of the proposed submission of the project
proposal; and
(ii) submits to the Committees on
Appropriations a copy of the project proposal.
(B) None of the funds made available by this Act and
prior Acts making appropriations for the Department of
State, foreign operations, and related programs may be
used by an agency to carry out a project that is
approved by the Board unless the head of the agency--
(i) submits to the Committees on
Appropriations a copy of the approved project
proposal, including the terms of reimbursement of
funding received for the project; and
(ii) agrees to submit to the Committees on
Appropriations a copy of each report relating to
the project that the head of the agency submits to
the Board.
(7) Foreign assistance review.--Programmatic, funding, and
organizational changes resulting from implementation of the
Foreign Assistance Review shall be subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations: Provided, That such notifications may be
submitted in classified form, if necessary.
rescissions
(including rescission of funds)
Sec. 7074. (a) Of the unobligated balances available under the
heading ``International Narcotics Control and Law Enforcement'', as
identified by Treasury Appropriation Fund Symbol 11 X 1022, $12,420,000
are rescinded.
(b) Of the grant balances in the Foreign Military Sales Trust Fund,
identified by Treasury Appropriation Fund Symbol 97-11 X 8242, which are
not currently applied to an active FMS case and which were appropriated
prior to fiscal year 2009, $11,000,000 shall be deobligated, as
appropriate, and shall be permanently rescinded.
john s. mccain scholars program
Sec. 7075. Funds appropriated by this Act under the heading
``Educational and Cultural Exchange Programs'' that are made available
for the Benjamin Gilman International Scholarships Program shall also be
made available for the John S. McCain Scholars Program, pursuant to
section 303 of the International Academic Opportunity Act of 2000
(Public Law 106-309), to include the dependents of active United States
military personnel who are receiving any form of Federal Financial Aid
under title IV of the Higher Education Act of 1965.
[[Page 133 STAT. 391]]
afghan special immigrant visas
Sec. 7076. (a) Afghan Allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act of 2009 (division F of Public Law 111-8), as
amended, <<NOTE: 8 USC 1101 note.>> is further amended by substituting
``18,500'' for ``14,500'' in the matter preceding clause (i).
(b) Conditions.--None of the funds appropriated by this Act may be
made available for the additional special immigrant visas made available
under subsection (a) until the Secretary of State--
(1) develops and implements a system to prioritize the
processing of Afghan applicants for special immigrant visas
under section 602 of the Afghan Allies Protection Act of 2009 (8
U.S.C. 1101 note); and
(2) submits to the appropriate congressional committees, as
defined in section 602(a) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note), the following reports:
(A) the report required under paragraph (12) of
section 602(b) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note), as amended by section 1222 of
the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232);
(B) a report on the procedures and processes used by
the Chief of Mission to determine whether an Afghan
applicant for a special immigrant visa under section 602
of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note) has experienced, is experiencing, or may
reasonably be expected to experience an ongoing, serious
threat as a result of the qualifying service of the
applicant; and
(C) a report on the procedures for background and
security checks on Afghan applicants for special
immigrant visas under such section.
saudi arabia
Sec. 7077. None of the funds appropriated by this Act under the
heading ``International Military Education and Training'' may be made
available for assistance for the Government of Saudi Arabia.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic programs
(including transfer of funds)
For an additional amount for ``Diplomatic Programs'',
$3,225,971,000, to remain available until September 30, 2020, of which
$2,626,122,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of
[[Page 133 STAT. 392]]
State may transfer up to $5,000,000 of the total funds made available
under this heading to any other appropriation of any department or
agency of the United States, upon the concurrence of the head of such
department or agency, to support operations in, and assistance for,
Afghanistan and to carry out the provisions of the Foreign Assistance
Act of 1961: Provided further, That any such transfer shall be subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$54,900,000, to remain available until September 30, 2020, which shall
be for the Special Inspector General for Afghanistan Reconstruction
(SIGAR) for reconstruction oversight: Provided, That printing and
reproduction costs of SIGAR shall not exceed amounts for such costs
during fiscal year 2018: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $96,240,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $988,656,000, to remain available until
September 30, 2020: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $158,067,000,
to remain available until September 30, 2020: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 133 STAT. 393]]
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$584,278,000, to remain available until expended: Provided, That such
funds shall be apportioned to the United States Agency for International
Development not later than 60 days after enactment of this Act:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$62,043,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$1,172,336,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'' to
respond to refugee crises, including in Africa, the Near East, South and
Central Asia, and Europe and Eurasia, $1,404,124,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$325,213,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit
[[Page 133 STAT. 394]]
Control Act of 1985: Provided further, That funds available for
obligation under this heading in this Act may be used to pay assessed
expenses of international peacekeeping activities in Somalia under the
same terms and conditions, as applicable, as funds appropriated under
the heading ``Contributions for International Peacekeeping Activities''
in this Act, subject to the regular notification procedures of the
Committees on Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$229,372,000, to remain available until September 30, 2020: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
SEC. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts
appropriated or otherwise made available in this Act for
fiscal year 2019.
extension of authorities and conditions
SEC. 8002. Unless otherwise provided for in this Act, the additional
amounts appropriated by this title to appropriations
accounts in this Act shall be available under the
authorities and conditions applicable to such appropriations
accounts.
transfer of funds
SEC. 8003.(a) Transfer of Funds Between Accounts.--
(1) Funds appropriated by this title in this Act under the
headings ``Transition Initiatives'' and ``Economic Support
Fund'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' may be transferred to, and merged with,
funds appropriated by this title under such headings.
(b) Global Security Contingency Fund.--Notwithstanding any other
provision of this section, up to $7,500,000 from funds appropriated
under the headings ``Peacekeeping Operations'' and ``Foreign Military
Financing Program'' by this title in this Act may be transferred to, and
merged with, funds previously made available under the heading ``Global
Security Contingency Fund''.
(c) Limitation.--The transfer authority provided in subsection (a)
may only be exercised to address contingencies.
(d) Notification.--The transfer authority provided by this section
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law,
[[Page 133 STAT. 395]]
including section 610 of the Foreign Assistance Act of 1961 which may be
exercised by the Secretary of State for the purposes of this title.
rescission
(including rescission of funds)
SEC. 8004. Of the unobligated balances from amounts available under the
heading ``Diplomatic and Consular Programs'' in title II of
the Security Assistance Appropriations Act, 2017 (division B
of Public Law 114-254), $301,200,000 are rescinded:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019''.
DIVISION G--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2019. Department
of Transportation Appropriations Act, 2019.>> HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $113,910,000,
of which not to exceed $3,065,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,000,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $20,428,000
shall be available for the Office of the General Counsel; not to exceed
$10,331,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $14,300,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,142,000 shall be available for the Office of Public
Affairs; not to exceed $1,859,000 shall be available for the Office of
the Executive Secretariat; not to exceed $12,181,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000
[[Page 133 STAT. 396]]
shall be for allocation within the Department for official reception and
representation expenses as the Secretary may determine: Provided
further, That notwithstanding any other provision of law, excluding fees
authorized in Public Law 107-71, there may be credited to this
appropriation up to $2,500,000 in funds received in user fees: Provided
further, That none of the funds provided in this Act shall be available
for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $8,471,000, of which $2,218,000
shall remain available until September 30, 2021: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That <<NOTE: 49 USC 112 note.>> any reference in law,
regulation, judicial proceedings, or elsewhere to the Research and
Innovative Technology Administration shall continue to be deemed to be a
reference to the Office of the Assistant Secretary for Research and
Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$900,000,000, to remain available through September 30, 2021: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a collaboration
among such entities on a competitive basis for projects that will have a
significant local or regional impact: Provided further, That projects
eligible for funding provided under this heading shall include, but not
be limited to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the Secretary may
use an amount not to exceed $15,000,000 for the planning, preparation or
design of projects eligible for funding under this heading: Provided
further, That grants awarded under the previous proviso shall not be
subject to a minimum grant size: Provided further, That the Secretary
may use up to 20 percent of the funds made available under this heading
for the purpose of paying the subsidy and administrative costs of
projects eligible for Federal credit assistance under chapter 6 of title
23, United States Code, or sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, if the Secretary finds that such use of the funds would advance
the purposes of this paragraph: Provided further, That in distributing
funds provided under this heading, the Secretary shall take such
measures so as to ensure an equitable geographic distribution of funds,
an appropriate balance in addressing the needs of urban and rural areas,
and the investment in a variety of transportation modes: Provided
further, That a grant funded under this heading shall be not less than
$5,000,000 and not greater than $25,000,000: Provided further,
[[Page 133 STAT. 397]]
That not more than 10 percent of the funds made available under this
heading may be awarded to projects in a single State: Provided further,
That the Federal share of the costs for which an expenditure is made
under this heading shall be, at the option of the recipient, up to 80
percent: Provided further, That the Secretary shall give priority to
projects that require a contribution of Federal funds in order to
complete an overall financing package: Provided further, That of the
funds made available under this heading not more than 50 percent shall
be for projects located in a rural area with a population equal to or
less than 200,000: Provided further, That for projects located in a
rural area, the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent: Provided
further, That of the funds made available under this heading not more
than 50 percent shall be for projects located in an urbanized area with
a population of more than 200,000: Provided further, That funds for an
urbanized area under the previous proviso may be obligated to projects
in the metropolitan area established under section 134 of title 23,
United States Code, that encompasses such urbanized area: Provided
further, That projects conducted using funds provided under this heading
must comply with the requirements of subchapter IV of chapter 31 of
title 40, United States Code: Provided further, That the Secretary
shall conduct a new competition to select the grants and credit
assistance awarded under this heading: Provided further, That the
Secretary may set aside not more than 3 percent of the funds provided
under this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration to fund the award and oversight of grants and
credit assistance made under the National Infrastructure Investments
program: Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the fiscal year
2017 Notice of Funding Opportunity: Provided further, That,
notwithstanding the previous proviso, the Secretary shall not use the
Federal share or an applicant's ability to generate non-Federal revenue
as a selection criteria in awarding projects: Provided further, That
the Secretary shall issue the Notice of Funding Opportunity no later
than 60 days after enactment of this Act: Provided further, That such
Notice of Funding Opportunity shall require application submissions 90
days after the publishing of such Notice: Provided further, That of the
applications submitted under the previous two provisos, the Secretary
shall make grants no later than 270 days after enactment of this Act in
such amounts that the Secretary determines: Provided further, That such
sums provided for national infrastructure investments for passenger rail
transportation projects under title I of division C of the Consolidated
and Further Continuing Appropriations Act, 2012 (Public Law 112-55; 125
Stat. 641), shall remain available for expenditure through fiscal year
2019 for the liquidation of valid obligations of active grants awarded
with this funding: Provided further, That such sums provided for
national infrastructure investments for port infrastructure projects
under title VIII of division F of the Consolidated and Further
Continuing Appropriations Act, 2013 (Public Law 113-6; 127 Stat. 432)
shall remain available through fiscal year 2020 for the liquidation of
valid obligations of active grants awarded with this funding:
[[Page 133 STAT. 398]]
Provided further, That the 2 preceding provisos shall be applied as if
they were in effect on September 30, 2018.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000, to
remain available until expended: Provided, That the Secretary shall
notify the House and Senate Committees on Appropriations no less than 15
days prior to exercising the transfer authority granted under section
116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2020.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $7,879,000, to remain available until expended: Provided, That
of such amount, $1,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts transferred from other
Federal agencies for expenses incurred under this heading for IIPIC
activities not related to transportation infrastructure: Provided
further, That the tools and analysis developed by the IIPIC shall be
available to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation only to the
extent that other Federal agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $319,793,000, shall
[[Page 133 STAT. 399]]
be paid from appropriations made available to the Department of
Transportation: Provided, That such services shall be provided on a
competitive basis to entities within the Department of Transportation:
Provided further, That the above limitation on operating expenses shall
not apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall be
transferred to the Working Capital Fund without majority approval of the
Working Capital Fund Steering Committee and approval of the Secretary:
Provided further, That no assessments may be levied against any program,
budget activity, subactivity or project funded by this Act unless notice
of such assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by such
Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource Center, the
provision of financial education outreach activities to eligible
transportation-related small businesses, the monitoring of existing
loans in the guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $500,000, as authorized by 49
U.S.C. 332; Provided, That notwithstanding that section, these funds
may be for business opportunities related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $3,488,000, to remain available
until September 30, 2020: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related to any mode
of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $175,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity requirement
under subsection 41732(b)(3) of title 49, United States Code: Provided
further, That none of the funds in this Act or any other Act shall be
used to enter into a new contract with a community located less than 40
miles from the nearest small hub airport before the Secretary has
negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential air
service program under subsection 41742(b) of title 49, United States
Code, shall be made available immediately from amounts otherwise
provided to the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may
[[Page 133 STAT. 400]]
reimburse such amounts from fees credited to the account established
under section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the Council
on Credit and Finance, including the agenda for each meeting, and
require the Council on Credit and Finance to record the decisions and
actions of each meeting.
Sec. 103. In addition to authority provided by section 327 of title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available funds
for transit benefit distribution services that are necessary to carry
out the Federal transit pass transportation fringe benefit program under
Executive Order No. 13150 and section 3049 of Public Law 109-59:
Provided, That the Department shall maintain a reasonable operating
reserve in the Working Capital Fund, to be expended in advance to
provide uninterrupted transit benefits to Government employees:
Provided further, That such reserve will not exceed one month of
benefits payable and may be used only for the purpose of providing for
the continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each customer agency
from available funds for the actual cost of the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
the lease or purchase of passenger motor vehicles for replacement only,
in addition to amounts made available by Public Law 112-95,
$10,410,758,000, to remain available until September 30, 2020, of which
$9,833,400,000 shall be derived from the Airport and Airway Trust Fund,
of which not to exceed $7,841,720,000 shall be available for air traffic
organization activities; not to exceed $1,336,969,000 shall be available
for aviation safety activities; not to exceed $24,949,000 shall be
available for commercial space transportation activities; not to exceed
[[Page 133 STAT. 401]]
$816,398,000 shall be available for finance and management activities;
not to exceed $61,258,000 shall be available for NextGen and operations
planning activities; not to exceed $114,165,000 shall be available for
security and hazardous materials safety; and not to exceed $215,299,000
shall be available for staff offices: Provided, That not to exceed 5
percent of any budget activity, except for aviation safety budget
activity, may be transferred to any budget activity under this heading:
Provided further, That no transfer may increase or decrease any
appropriation by more than 5 percent: Provided further, That any
transfer in excess of 5 percent shall be treated as a reprogramming of
funds under section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section: Provided further, That <<NOTE: 49 USC 44506
note.>> not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall transmit to
Congress an annual update to the report submitted to Congress in
December 2004 pursuant to section 221 of Public Law 108-176: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 for each day after March 31 that such report has not been
submitted to the Congress: Provided further, That <<NOTE: 49 USC 44502
note.>> not later than March 31 of each fiscal year hereafter, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar to
the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided
further, That the amount herein appropriated shall be reduced by
$100,000 per day for each day after March 31 that such report has not
been submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be available
for new applicants for the second career training program: Provided
further, That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation
that would promulgate new aviation user fees not specifically authorized
by law after the date of the enactment of this Act: Provided further,
That there may be credited to this appropriation, as offsetting
collections, funds received from States, counties, municipalities,
foreign authorities, other public authorities, and private sources for
expenses incurred in the provision of agency services, including
receipts for the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates, including
airman, aircraft, and repair station certificates, or for tests related
thereto, or for processing major repair or alteration forms: Provided
further, That of the funds appropriated under this heading, not less
than $168,000,000 shall be used to fund direct operations of the current
254 air traffic control towers in the contract tower program, including
the contract tower cost share program, and any airport that is currently
qualified or that will qualify for the program during the fiscal year:
Provided further, That none of the funds in this Act for aeronautical
charting and cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided further, That
none of the funds appropriated or otherwise made available by this Act
or any other Act may be used to eliminate the Contract Weather
[[Page 133 STAT. 402]]
Observers program at any airport: Provided further, That of the amount
appropriated under this heading, up to $6,000,000 shall be used for
providing matching funds to qualified commercial entities seeking to
demonstrate or validate technologies that the Federal Aviation
Administration considers essential to the safe integration of unmanned
aircraft systems (UAS) in the National Airspace System at Federal
Aviation Administration designated UAS test sites: Provided further,
That not later than 60 days after the date of enactment of this Act, the
Administrator of the Federal Aviation Administration shall identify
essential integration technologies that could be demonstrated or
validated at test sites designated in accordance with the preceding
proviso.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $3,000,000,000, of which $512,823,000 shall remain available
until September 30, 2020, $2,372,127,000 shall remain available until
September 30, 2021, and $115,050,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an investment plan for
the Federal Aviation Administration which includes funding for each
budget line item for fiscal years 2020 through 2024, with total funding
for each year of the plan constrained to the funding targets for those
years as estimated and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$191,100,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2021: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties,
[[Page 133 STAT. 403]]
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering, and
development: Provided further, That funds made available under this
heading shall be used in accordance with the joint explanatory statement
accompanying this Act: Provided further, That not to exceed 10 percent
of any funding level specified under this heading in the joint
explanatory statement accompanying this Act may be transferred to any
other funding level specified under this heading in the joint
explanatory statement accompanying this Act: Provided further, That no
transfer may increase or decrease any funding level by more than 10
percent: Provided further, That any transfer in excess of 10 percent
shall be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2019, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-phased
construction project for which the project sponsor received a grant in
fiscal year 2011 for the construction project: Provided further, That
notwithstanding any other provision of law, of funds limited under this
heading, not more than $112,600,000 shall be available for
administration, not less than $15,000,000 shall be available for the
Airport Cooperative Research Program, not less than $33,210,000 shall be
available for Airport
[[Page 133 STAT. 404]]
Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, United States Code,
such program may include the participation of an airport that serves a
community or consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time the Office of
the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $500,000,000, to remain available
through September 30, 2021: Provided, That amounts made available under
this heading shall be derived from the general fund, and such funds
shall not be subject to apportionment formulas, special apportionment
categories, or minimum percentages under chapter 471: Provided further,
That the Secretary shall distribute funds provided under this heading as
discretionary grants to airports: Provided further, That the amount
made available under this heading shall not be subject to any limitation
on obligations for the Grants-in-Aid for Airports program set forth in
any Act: Provided further, That the Administrator of the Federal
Aviation Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight by the
Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2019.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the Federal Aviation Administration for air traffic
control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation
[[Page 133 STAT. 405]]
current at the time of collection, to be merged with and available for
the same purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number from any display
of the Federal Aviation Administration's Aircraft Situational Display to
Industry data that is made available to the public, except data made
available to a Government agency, for the noncommercial flights of that
owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used by
the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation in
the Contract Tower Program, or for reevaluation of Cost-share Program
participants as long as the Federal Aviation Administration has received
an application from the airport, and as long as the Administrator
determines such tower is eligible using the factors set forth in the
Federal Aviation Administration report, Establishment and Discontinuance
Criteria for Airport Traffic Control Towers (FAA-APO-90-7 as of August,
1990).
Sec. 119D. Notwithstanding any other provision of law, none of the
funds made available in this Act may be obligated or expended
[[Page 133 STAT. 406]]
to limit the use of an Organization Designation Authorization's (ODA)
delegated functions documented in its procedures manual on a type
certification project unless the Administrator documents a systemic
airworthiness noncompliance performance issue as a result of inspection
or oversight that the safety of air commerce requires a limitation with
regard to a specific authorization or where an ODA's capability has not
been previously established in terms of a new compliance method or
design feature: Provided, That in such cases FAA shall work with the
ODA holder if requested to develop the capability to execute that
function safely, efficiently and effectively: Provided further, That
this section does not limit the authority of the Federal Aviation
Administration to pursue emergency actions on ODAs where specific safety
issues are noted.
Sec. 119E. None of the funds made available by this Act and
apportioned under section 47114(d) of title 49, United States Code,
shall be made available for construction of a storage building, or a
portion of such building, to shelter snow equipment in excess of
equipment needs established by standards issued by the Secretary of
Transportation that is owned by an airport categorized as a local
general aviation airport as indicated in Federal Aviation Administration
2017- 2021 National Plan of Integrated Airport Systems (NPIAS) report
unless such airport sponsor certifies conformity with the following:
(1) The storage building, or portion thereof, to be
constructed will be used to store snow removal equipment
exclusively used for clearing airfield pavement of snow and ice
following a weather event.
(2) The 30-year annual snowfall normal of the nearest
weather station based on the National Oceanic and Atmospheric
Administration Summary of Monthly Normals 1981-2010 exceeds 26
inches.
(3) The airport serves as a base for a medical air ambulance
transport aircraft; (d)that the airport master record (Form
5010-1) effective on September 14, 2017 for the airport
indicates 45 based aircraft consisting of single engine,
multiple engine, and jet engine aircraft.
(4) The airport sponsor will complete design of the storage
building not later than fiscal year 2018 and initiate
construction of the storage building not later than fiscal year
2019.
(5) The area of the storage building, or portion thereof, to
be funded under this section shall not exceed 6,000 square feet.
Sec. 119F. (a) Terminal Aerodrome Forecast.--The Administrator shall
permit an air carrier operation under part 121 of title 14, Code of
Federal Regulations, to operate to a destination determined to be under
visual flight rules without a Terminal Aerodrome Forecast or
Meteorological Aerodrome Report if a current Area Forecast, supplemented
by other local weather observations or reports, is available, and an
alternate airport that has an available Terminal Aerodrome Forecast and
weather report is specified. The air carrier shall have approved
procedures for dispatch and en route weather evaluation and shall
operate under instrument flight rules en route to the destination.
(b) Limitation.--Without a written finding of necessity, based on
objective and historical evidence of imminent threat to safety, the
Administrator shall not promulgate any operation specification,
[[Page 133 STAT. 407]]
policy, or guidance document that is more restrictive than, or requires
procedures that are not expressly stated in, the regulations.
Sec. 119G. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 shall be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and providers
of general aviation ground support services located at those airports
closed during a temporary flight restriction (TFR) for any residence of
the President that is designated or identified to be secured by the
United States Secret Service, and for direct and incremental financial
losses incurred while such airports are closed solely due to the actions
of the Federal Government: Provided, That no funds shall be obligated
or distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support services
until an independent audit is completed: Provided further, That losses
incurred as a result of violations of law, or through fault or
negligence, of such operators and service providers or of third parties
(including airports) are not eligible for reimbursements: Provided
further, That obligation and expenditure of funds are conditional upon
full release of the United States Government for all claims for
financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $446,444,304, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of the
Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available <<NOTE: 23 USC 104 note.>> for the implementation
or execution of Federal-aid highway and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation Act shall not
exceed total obligations of $45,268,596,000 for fiscal year 2019:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative
[[Page 133 STAT. 408]]
expenses that are also available for such purpose, and are not subject
to any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $46,007,596,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$3,250,000,000: Provided, That the amounts made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2019 in this or any other Act for
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code, and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That section 1101(b) of Public Law
114-94 shall apply to funds made available under this heading: Provided
further, That of the funds made available under this heading,
$2,729,000,000 shall be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, and for the elimination of
hazards and the installation of protective devices at railway-highway
crossings, $16,000,000 shall be set aside for activities eligible under
the Puerto Rico Highway Program as described in section 165(b)(2)(C) of
such title, $5,000,000 shall be set aside for activities eligible under
the Territorial Highway Program, as described in section 165(c)(6) of
such title, $25,000,000 shall be set aside for the nationally
significant Federal lands and tribal projects program under section 1123
of the Fixing America's Surface Transportation (FAST) Act (Public Law
114-94), and $475,000,000 shall be set aside for a bridge replacement
and rehabilitation program for qualifying States: Provided further,
That for purposes of this heading, (1) the term ``State'' means any of
the 50 States or the District of Columbia and (2) the term ``qualifying
State'' means a State for which the percentage of total deck area of
bridges classified as in poor condition in such State is at least 7.5
percent: Provided further, That the funds made available under this
heading for activities eligible under section 133(b)(1)(A) of title 23,
United States Code, and for the elimination of hazards and the
installation of protective devices at railway-highway crossings, shall
be suballocated in the manner described in section 133(d) of such title,
except that the set-aside described in section 133(h) of such title
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading for (1)
activities eligible under section 133(b)(1)(A) of such title and for the
elimination of hazards and the installation of protective devices at
railways-highway crossings, and (2) a bridge replacement and
rehabilitation program shall be administered as if apportioned under
chapter 1 of such title and shall remain available through September 30,
2022: Provided further, That the funds made available under this
heading for activities eligible under section 133(b)(1)(A) of title
[[Page 133 STAT. 409]]
23, United States Code, and for the elimination of hazards and the
installation of protective devices at railway-highway crossings, shall
be apportioned to the States in the same ratio as the obligation
limitation for fiscal year 2019 is distributed among the States in
section 120(a)(5) of this Act: Provided further, That, except as
provided in the following proviso, the funds made available under this
heading for activities eligible under the Puerto Rico Highway Program
and activities eligible under the Territorial Highway Program shall be
administered as if allocated under sections 165(b) and 165(c),
respectively, of such title and shall remain available through September
30, 2022: Provided further, That the funds made available under this
heading for activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections 165(b)(2)(A) or
165(b)(2)(B) of such title: Provided further, That the funds made
available under this heading for the nationally significant Federal
lands and tribal projects program under section 1123 of the FAST Act
shall remain available through September 30, 2022: Provided further,
That the Secretary shall distribute funds made available under this
heading for a bridge replacement and rehabilitation program to each
qualifying State by the proportion that the percentage of total deck
area of bridges classified as in poor condition in each qualifying State
bears to the sum of the percentages of total deck area of bridges
classified as in poor condition in all qualifying States: Provided
further, That the funds made available under this heading for a bridge
replacement and rehabilitation program shall be used for highway bridge
replacement or rehabilitation projects on public roads: Provided
further, That except as provided in the following proviso the funds made
available under this heading for a bridge replacement and rehabilitation
program shall be used in areas of a qualifying State that have a
population of 200,000 or fewer individuals: Provided further, That if a
qualifying State has no bridges located in areas with a population of
200,000 or fewer individuals, or if a qualifying State has insufficient
bridge replacement or rehabilitation needs in areas of the State with a
population of 200,000 or fewer individuals, the funds made available
under this heading for a bridge replacement and rehabilitation program
may be used for highway bridge replacement or rehabilitation projects on
public roads in any area of the State: Provided further, That for
purposes of this heading for a bridge replacement and rehabilitation
program, the Secretary shall (1) calculate population based on the
latest available data from the decennial census conducted under section
141(a) of title 13, United States Code, and (2) calculate the
percentages of total deck area of bridges classified as in poor
condition based on the National Bridge Inventory as of December 31,
2017.
administrative provisions--federal highway administration
Sec. 120. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2019, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
[[Page 133 STAT. 410]]
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
[[Page 133 STAT. 411]]
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2019, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
[[Page 133 STAT. 412]]
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for the
purpose of reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for Federal-aid
highway and highway safety construction programs.
Sec. 122. Not <<NOTE: 23 USC 313 note.>> less than 15 days prior
to waiving, under his or her statutory authority, any Buy America
requirement for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and comment
opportunity on the intent to issue such waiver and the reasons therefor:
Provided, That the Secretary shall provide an annual report to the
House and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on Appropriations;
the Committee on Environment and Public Works and the Committee on
Banking, Housing and Urban Affairs of the Senate; and the Committee on
Transportation and Infrastructure of the House of Representatives:
Provided, That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the project; whether
[[Page 133 STAT. 413]]
credit assistance will be provided as a direct loan, loan guarantee, or
line of credit; and the amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to make a grant
for a project under section 117 of title 23, United States Code, unless
the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located within
the boundary of the State or territory any earmarked amount, and any
associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked amount
was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section and
submits a quarterly report to the Secretary identifying the projects to
which the funding would be applied. Notwithstanding the original period
of availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in which
the Secretary of Transportation is notified. The Federal share of the
cost of a project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent of
the amount made available for obligation as of October 1 of the current
fiscal year, and shall be applied to projects within the same general
geographic area within 50 miles for which the funding was designated,
except that a State or territory may apply such authority to unexpended
balances of funds from projects or activities the State or territory
certifies have been closed and for which payments have been made under a
final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
[[Page 133 STAT. 414]]
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $284,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That funds available for
implementation, execution or administration of motor carrier safety
operations and programs authorized under title 49, United States Code,
shall not exceed total obligations of $284,000,000 for ``Motor Carrier
Safety Operations and Programs'' for fiscal year 2019, of which
$9,073,000, to remain available for obligation until September 30, 2021,
is for the research and technology program, and of which $34,824,000, to
remain available for obligation until September 30, 2021, is for
information management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $382,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $382,800,000 in fiscal
year 2019 for ``Motor Carrier Safety Grants''; of which $304,300,000
shall be available for the motor carrier safety assistance program,
$32,500,000 shall be available for the commercial driver's license
program implementation program, $44,000,000 shall be available for the
high priority activities program, and $2,000,000 shall be made available
for commercial motor vehicle operators grants, of which $1,000,000 is to
be made available from prior year unobligated contract authority
provided for Motor Carrier Safety grants in the Transportation Equity
Act for the 21st Century (Public Law 105-178), SAFETEA-LU (Public Law
109-59), or other appropriations or authorization acts.
[[Page 133 STAT. 415]]
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such title,
transporting livestock as defined in section 602 of the Emergency
Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or insects.
Sec. 132. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement, enforce
or in any other way make effective the final rule published by the
Federal Motor Carrier Safety Administration on May 27, 2015, entitled
``Lease and Interchange of Vehicles; Motor Carriers of Passengers''.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $190,000,000,
of which $40,000,000 shall remain available through September 30, 2020.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94), and chapter 303 of title 49,
United States Code, $152,100,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account) and to remain available until
expended: Provided, That none of the funds in this Act shall be
available for the planning or execution of programs the total
obligations for which, in fiscal year 2019, are in excess of
$152,100,000, of which $146,700,000 shall be for programs authorized
under 23 U.S.C. 403 and section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94) and $5,400,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $152,100,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September
[[Page 133 STAT. 416]]
30, 2020, and shall be in addition to the amount of any limitation
imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act, to remain available until expended,
$610,208,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2019, are in excess of
$610,208,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
and section 4001(a)(6) of the Fixing America's Surface Transportation
Act, of which $270,400,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $283,000,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $30,200,000 shall be for the
``High Visibility Enforcement Program'' under 23 U.S.C. 404; $26,608,000
shall be for ``Administrative Expenses'' under section 4001(a)(6) of the
Fixing America's Surface Transportation Act: Provided further, That
none of these funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National Priority
Safety Programs'' under 23 U.S.C. 405 for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section) shall
be available for technical assistance to the States: Provided further,
That with respect to the ``Transfers'' provision under 23 U.S.C.
405(a)(8), any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority for
such amounts: Provided further, That the Administrator shall notify the
House and Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in
[[Page 133 STAT. 417]]
private passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Sec. 143. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $14,000,000, to remain available until September 30, 2020, shall
be made available to the National Highway Traffic Safety Administration
from the general fund, of which not to exceed $7,000,000 shall be
available to provide funding for grants, pilot program activities, and
innovative solutions to reduce impaired-driving fatalities in
collaboration with eligible entities under section 403 of title 23,
United States Code, and not to exceed $7,000,000 shall be available to
continue a high visibility enforcement paid-media campaign regarding
highway-rail grade crossing safety in collaboration with the Federal
Railroad Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $221,698,000, of which $18,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such direct loan or
loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $400,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity that encompasses funds provided
under this heading in this Act and previously unawarded funds provided
under this heading in fiscal year 2017 by Public Law 115-31 and fiscal
year 2018 by Public Law 115-141, no later than 30 days after enactment
of this Act: Provided further, That the Secretary shall announce the
selection of projects to receive awards for the funds in the previous
proviso no later than 180 days after enactment of this Act.
[[Page 133 STAT. 418]]
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 24407 of title
49, United States Code, $255,000,000, to remain available until
expended: Provided, That section 24405(f) of title 49, United States
Code, shall not apply to projects for the implementation of positive
train control systems otherwise eligible under section 24407(c)(1) of
title 49, United States Code: Provided further, That amounts available
under this heading for projects selected for commuter rail passenger
transportation may be transferred by the Secretary, after selection, to
the appropriate agencies to be administered in accordance with chapter
53 of title 49, United States Code: Provided further, That the
Secretary shall not limit eligible projects from consideration for
funding for planning, engineering, environmental, construction, and
design elements of the same project in the same application: Provided
further, That unobligated balances remaining after 4 years from the date
of enactment may be used for any eligible project under section 24407(c)
of title 49, United States Code: Provided further, That the Secretary
may withhold up to one percent of the amount provided under this heading
for the costs of award and project management oversight of grants
carried out under section 24407 of title 49, United States Code:
Provided further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses previously unawarded funds provided under
this heading in fiscal year 2018 by Public Law 115-141 and funds
provided under this heading in this Act no later than 30 days after
enactment of this Act: Provided further, That the Secretary shall
announce the selection of projects to receive awards for the funds in
the previous proviso no later than 120 days after enactment of this Act.
restoration and enhancement
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$5,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of award and project management and
oversight: Provided further, That the Secretary shall issue the Notice
of Funding Opportunity for funds provided under this heading no later
than 30 days after enactment of this Act: Provided further, That the
Secretary shall announce the selection of projects to receive awards for
the funds in the previous proviso no later than 120 days after enactment
of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in 1307(a)
through (c) of Public Law 109-59, as amended by section 102 of Public
Law 110-244 (section 322 of title 23, United States Code), $10,000,000,
to remain available until expended.
[[Page 133 STAT. 419]]
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be made
available to bring Amtrak-served facilities and stations into compliance
with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code: Provided further, That at least $50,000,000 of the
amount provided under this heading shall be available for the
development, installation and operation of railroad safety technology,
including the implementation of a positive train control system, on
State-supported routes as defined under section 24102(13) of title 49,
United States Code, on which positive train control systems are not
required by law or regulation: Provided further, That not less than
$50,000,000 of the amount provided under this heading shall be for
capital expenses related to safety improvements, maintenance, and the
non-Federal match for discretionary Federal grant programs to enable
continued passenger rail operations on long-distance routes (as defined
in section 24102 of title 49, United States Code) on which Amtrak is the
sole operator on a host railroad's line and a positive train control
system is not required by law or regulation: Provided further, That
none of the funds provided under this heading shall be used by Amtrak to
give notice under subsection (a) or (b) of section 24706 of title 49,
United States Code, with respect to long-distance routes (as defined in
section 24102 of title 49, United States Code) on which Amtrak is the
sole operator on a host railroad's line and a positive train control
system is
[[Page 133 STAT. 420]]
not required by law or regulation, or, except in an emergency or during
maintenance or construction outages impacting such routes, to otherwise
discontinue, reduce the frequency of, suspend, or substantially alter
the route of rail service on any portion of such route operated in
fiscal year 2018, including implementation of service permitted by
section 24305(a)(3)(A) of title 49, United States Code, in lieu of rail
service.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President of
Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2018 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2018 and for the three
prior calendar years.
Sec. 151. It is the sense of Congress that--
(1) long-distance passenger rail routes provide much-needed
transportation access for 4,700,000 riders in 325 communities in
40 States and are particularly important in rural areas; and
(2) long-distance passenger rail routes and services should
be sustained to ensure connectivity throughout the National
Network (as defined in section 24102 of title 49, United States
Code).
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $113,165,000, of which up to $1,000,000 shall be available
to carry out the provisions of section 5326 of such title: Provided,
That none of the funds provided or limited in this Act may be used to
create a permanent office of transit security under this heading:
Provided further, That upon submission to the Congress of the fiscal
year 2020 President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts, including proposed
allocations for fiscal year 2020.
[[Page 133 STAT. 421]]
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $9,900,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,939,380,030 in fiscal year 2019: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, formula grants for rural areas
under section 5311 of such title, high density state apportionments
under section 5340(d) of such title, and the bus testing facilities
under sections 5312 and 5318 of such title, $700,000,000 to remain
available until expended: Provided, That $350,000,000 shall be
available for grants as authorized under section 5339 of such title, of
which $160,000,000 shall be available for the buses and bus facilities
formula grants as authorized under section 5339(a) of such title,
$160,000,000 shall be available for the buses and bus facilities
competitive grants as authorized under section 5339(b) of such title,
and $30,000,000 shall be available for the low or no emission grants as
authorized under section 5339(c) of such title: Provided further, That
$263,000,000 shall be available for the state of good repair grants as
authorized under section 5337 of such title: Provided further, That
$40,000,000 shall be available for formula grants for rural areas as
authorized under section 5311 of such title: Provided further, That
$40,000,000 shall be available for the high density state apportionments
as authorized under section 5340(d) of such title: Provided further,
That $1,000,000 shall be available for the bus testing facility as
authorized under section 5318 of such title: Provided further, That
notwithstanding section 5318(a) of such title, $6,000,000 shall be
available for the operation and maintenance of bus testing facilities by
institutions of higher education selected pursuant to section 5312(h) of
such title: Provided further, That the Secretary shall enter into
[[Page 133 STAT. 422]]
a contract or cooperative agreement with, or make a grant to, each
institution of higher education selected pursuant to section 5312(h) of
such title, to operate and maintain a facility to conduct the testing of
low or no emission vehicle new bus models using the standards
established pursuant to section 5318(e)(2) of such title: Provided
further, That the term ``low or no emission vehicle'' has the meaning
given the term in section 5312(e)(6) of such title: Provided further,
That the Secretary shall pay 80 percent of the cost of testing a low or
no emission vehicle new bus model at each selected institution of higher
education: Provided further, That the entity having the vehicle tested
shall pay 20 percent of the cost of testing: Provided further, That a
low or no emission vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards established under
section 5318(e)(2) of such title, shall be deemed to be in compliance
with the requirements of section 5318(e) of such title: Provided
further, That amounts made available by this heading shall be derived
from the general fund: Provided further, That the amounts made
available under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, of
which not less than $1,500,000 shall be for a cooperative agreement
through which the Federal Transit Administration assists small-urban,
rural and tribal public transit recipients and planning organizations
with applied innovation and capacity-building: Provided, That the
assistance provided under this heading not duplicate the activities of
49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$2,552,687,000, to remain available until September 30, 2022: Provided,
That of the amounts made available under this heading, $2,169,783,950
shall be obligated by December 31, 2020: Provided further, That of the
amounts made available under this heading, $1,265,670,000 shall be
available for projects authorized under section 5309(d) of title 49,
United States Code, $635,000,000 shall be available for projects
authorized under section 5309(e) of title 49, United States Code,
$526,500,000 shall be available for projects authorized under section
5309(h) of title 49, United States Code, and $100,000,000 shall be
available for projects authorized under section 3005(b) of the Fixing
America's Surface Transportation Act: Provided further, That the
Secretary shall continue to administer the capital investment grants
program in accordance with the procedural and substantive requirements
of section 5309 of title 49, United States Code, and of section 3005(b)
of the Fixing America's Surface Transportation Act.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public
[[Page 133 STAT. 423]]
Law 110-432, $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants for
capital and preventive maintenance expenditures for the Washington
Metropolitan Area Transit Authority only after receiving and reviewing a
request for each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the Washington
Metropolitan Area Transit Authority is making progress to improve its
safety management system in response to the Federal Transit
Administration's 2015 safety management inspection: Provided further,
That the Secretary shall determine that the Washington Metropolitan Area
Transit Authority has placed the highest priority on those investments
that will improve the safety of the system before approving such grants:
Provided further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of section
601(e)(1) of division B of Public Law 110-432.
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act not
obligated by September 30, 2022, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for which they
were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2018, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure, may
be transferred to and administered under the most recent appropriation
heading for any such section.
Sec. 163. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 51 percent.
Sec. 164. Of the unobligated amounts made available for fiscal
years 2005 or prior fiscal years to ``Transit Formula Grants'', a total
of $46,560,000 is hereby permanently rescinded.
Sec. 165. None of the funds made available under this Act may be
used for the implementation or furtherance of new policies detailed in
the ``Dear Colleague'' letter distributed by the Federal Transit
Administration to capital investment grant program project sponsors on
June 29, 2018.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government
Corporation Control Act, as
[[Page 133 STAT. 424]]
amended, as may be necessary in carrying out the programs set forth in
the Corporation's budget for the current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $36,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662: Provided, That
of the amounts made available under this heading, not less than
$16,000,000 shall be used on capital asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $149,442,000, of which $70,593,000 shall remain
available until September 30, 2020 for the operations of the United
States Merchant Marine Academy, and of which $18,000,000 shall remain
available until expended for the maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy:
Provided, That not later than January 12, 2019, the Administrator of the
Maritime Administration shall transmit to the House and Senate
Committees on Appropriations the annual report on sexual assault and
sexual harassment at the United States Merchant Marine Academy as
required pursuant to section 3507 of Public Law 110-417: Provided
further, That of the amounts made available under this heading,
$3,000,000 shall remain available until September 30, 2020 for the
Maritime Environment and Technology Assistance program authorized under
section 50307 of title 46, United States Code: Provided further, That
of the amounts made available under this heading, $7,000,000, shall
remain available until expended for the Short Sea Transportation Program
(America's Marine Highways) to make grants for the purposes authorized
under sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That available balances under this heading for the
Short Sea Transportation Program (America's Marine Highways) from prior
year recoveries shall be available to carry out activities authorized
under sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That from funds provided under the previous two
provisos, the Secretary of Transportation shall make grants no later
than 180 days after enactment of this Act in such amounts as the
Secretary
[[Page 133 STAT. 425]]
determines: Provided further, That any unobligated balances available
from previous appropriations for programs and activities supporting
State Maritime Academies shall be transferred to and merged with the
appropriations for ``Maritime Administration, State Maritime Academy
Operations'' and shall be made available for the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000, of which
$25,000,000, to remain available until expended, shall be for
maintenance, repair, life extension, and capacity improvement of
National Defense Reserve Fleet training ships in support of State
Maritime Academies, of which $8,000,000, to remain available until
expended, shall be for expenses related to training mariners for costs
associated with training vessel sharing pursuant to 46 U.S.C.
51504(g)(3) for costs associated with mobilizing, operating and
demobilizing the vessel, including travel costs for students, faculty
and crew, the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the Secretary,
of which $300,000,000, to remain available until expended, shall be for
the National Security Multi-Mission Vessel Program, including funds for
construction, planning, administration, and design of school ships, of
which $2,400,000 shall remain available through September 30, 2020, for
the Student Incentive Program, of which $3,800,000 shall remain
available until expended for training ship fuel assistance, and of which
$6,000,000 shall remain available until September 30, 2020, for direct
payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-281,
$20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $200,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal
[[Page 133 STAT. 426]]
seaports: Provided further, That in addition, $92,730,000, to remain
available until expended, shall be for grants to the 15 coastal seaports
that handled the greatest number of loaded foreign and domestic twenty-
foot equivalent units of containerized cargo in 2016, as identified by
the U.S. Army Corps of Engineers: Provided further, That the Maritime
Administration shall distribute funds provided under this heading as
discretionary grants to port authorities or commissions or their
subdivisions and agents under existing authority, as well as to a State
or political subdivision of a State or local government, a tribal
government, a public agency or publicly chartered authority established
by one or more States, a special purpose district with a transportation
function, a multistate or multijurisdictional group of entities, or a
lead entity described above jointly with a private entity or group of
private entities: Provided further, That projects eligible for funding
provided under this heading shall be either within the boundary of a
port, or outside the boundary of a port, and directly related to port
operations or to an intermodal connection to a port that will improve
the safety, efficiency, or reliability of the movement of goods into,
out of, around, or within a port, as well as the unloading and loading
of cargo at a port: Provided further, That in awarding grants from
funds made available by the second proviso under this heading for the 15
coastal seaports referred to, the Maritime Administration shall give
priority consideration for proposed projects that construct treatment
facilities defined in section 305.1 of title 7, Code of Federal
Regulations, to meet the phytosanitary treatment requirements of
sections 305.5 through 305.8 of title 7, Code of Federal Regulations:
Provided further, That the Federal share of the costs for which an
expenditure is made under this heading shall be up to 80 percent:
Provided further, That not to exceed 2 percent of the funds appropriated
under this heading shall be available for necessary costs of grant
administration: Provided further, That the proceeds of Federal credit
assistance under chapter 6 of title 23, United States Code or sections
501 through 504 of the Railroad and Revitalization and Regulatory Reform
Act of 1976 (Public Law 94-210), as amended, shall be considered to be
part of the non-Federal share of project costs if the loan is repayable
from non-Federal funds, unless otherwise requested by the project
sponsor.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as miscellaneous
receipts.
[[Page 133 STAT. 427]]
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,710,000: Provided, That the
Secretary <<NOTE: 49 USC 60102 note.>> of Transportation shall issue a
final rule to expand the applicability of comprehensive oil spill
response plans within 90 days of enactment of this Act: Provided
further, That the amounts appropriated under this heading shall be
reduced by $10,000 per day for each day that such rule has not been
issued following the expiration of the period set forth in the previous
proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$58,000,000, of which $7,570,000 shall remain available until September
30, 2021: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $165,000,000, to
remain available until September 30, 2021, of which $23,000,000 shall be
derived from the Oil Spill Liability Trust Fund; of which $134,000,000
shall be derived from the Pipeline Safety Fund; and of which $8,000,000
shall be derived from fees collected under 49 U.S.C. 60302 and deposited
in the Underground Natural Gas Storage Facility Safety Account for the
purpose of carrying out 49 U.S.C. 60141: Provided, That not less than
$1,058,000 of the funds provided under this heading shall be for the
One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2021, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to
[[Page 133 STAT. 428]]
pay administrative costs: Provided further, That notwithstanding 49
U.S.C. 5128(b) and (c) and the current year obligation limitation, prior
year recoveries recognized in the current year shall be available to
develop a hazardous materials response training curriculum for emergency
responders, including response activities for the transportation of
crude oil, ethanol and other flammable liquids by rail, consistent with
National Fire Protection Association standards, and to make such
training available through an electronic format: Provided further, That
the prior year recoveries made available under this heading shall also
be available to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $92,600,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds made
available under this heading may be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or deceptive
practices and unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902).
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
[[Page 133 STAT. 429]]
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available for
salaries and expenses of more than 125 political and Presidential
appointees in the Department of Transportation: Provided, That none of
the personnel covered by this provision may be assigned on temporary
detail outside the Department of Transportation.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan guarantee,
line of credit, or discretionary grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a), none
of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that will
be announced not less the 3 full business days before such announcement:
Provided, That the requirement to provide a list in this subsection
does not apply to any ``quick release'' of funds from the emergency
relief program: Provided further, That no list shall involve funds that
are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
[[Page 133 STAT. 430]]
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002, as amended by the
Improper Payments Elimination and Recovery Act of 2010 and
Improper Payments Elimination and Recovery Improvement Act of
2012, and Fraud Reduction and Data Analytics Act of 2015:
Provided, That amounts in excess of that required for paragraphs
(1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further, That prior to depositing
such recovery in the Treasury, the Secretary shall
notify the House and Senate Committees on Appropriations
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
``improper payments'' has the same meaning as that
provided in section 2(e)(2) of Public Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming action
that requires notice to be provided to the House and Senate Committees
on Appropriations, transmission of said reprogramming notice shall be
provided solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied solely by the
House and Senate Committees on Appropriations: Provided, That the
Secretary of Transportation may provide notice to other congressional
committees of the action of the House and Senate Committees on
Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been approved
or denied by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
[[Page 133 STAT. 431]]
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation
Improvement Program.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2019''.
TITLE <<NOTE: Department of Housing and Urban Development Appropriations
Act, 2019.>> II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,900,000, to
remain available until September 30, 2020: Provided, That not to exceed
$25,000 of the amount made available under this heading shall be
available to the Secretary for official reception and representation
expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $541,500,000, to remain available until September 30, 2020, of
which $70,400,000 shall be available for the Office of the Chief
Financial Officer, (and of which $20,000,000, to remain available until
September 30, 2021, shall be for the financial transformation
initiative); $97,800,000 shall be available for the Office of the
General Counsel, of which not less than $15,000,000 shall be for the
Departmental Enforcement Center; $206,300,000 shall be available for the
Office of Administration; $40,400,000 shall be available for the Office
of the Chief Human Capital Officer; $54,300,000 shall be available for
the Office of Field Policy and Management;
[[Page 133 STAT. 432]]
$19,100,000 shall be available for the Office of the Chief Procurement
Officer; $3,800,000 shall be available for the Office of Departmental
Equal Employment Opportunity; $4,700,000 shall be available for the
Office of Business Transformation; and $44,700,000 shall be available
for the Office of the Chief Information Officer: Provided, That funds
provided under this heading may be used for necessary administrative and
non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; and services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded
in this title: Provided further, That the Secretary shall provide the
House and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in electronic form
all signed reports required by Congress: Provided further, That not
more than 10 percent of the funds made available under this heading for
the Office of Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the House and
Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be realized,
key milestones to be met, and the relationship between the proposed use
of funds made available under this heading and the projected total cost
and scope of the initiative.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $219,800,000, to remain available until September 30,
2020.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $112,344,000, to remain available until
September 30, 2020.
housing
For necessary salaries and expenses of the Office of Housing,
$382,500,000, to remain available until September 30, 2020, of which not
less than $12,000,000 shall be for the Office of Recapitalization.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $26,000,000, to remain available until
September 30, 2020.
[[Page 133 STAT. 433]]
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $72,900,000, to remain available until September
30, 2020.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $8,600,000, to remain available until
September 30, 2020.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and Urban
Development (referred to in this paragraph as the ``Fund''), pursuant,
in part, to section 7(f) of the Department of Housing and Urban
Development Act (42 U.S.C. 3535(f)), amounts transferred, including
reimbursements pursuant to section 7(f), to the Fund under this heading
shall be available for Federal shared services used by offices and
agencies of the Department, and for such portion of any office or
agency's printing, records management, space renovation, furniture, or
supply services as the Secretary determines shall be derived from
centralized sources made available by the Department to all offices and
agencies and funded through the Fund: Provided, That of the amounts
made available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support Offices'',
``Program Office Salaries and Expenses'', and ``Government National
Mortgage Association'', the Secretary shall transfer to the Fund such
amounts, to remain available until expended, as are necessary to fund
services, specified in the matter preceding the first proviso, for which
the appropriation would otherwise have been available, and may transfer
not to exceed an additional $5,000,000, in aggregate, from all such
appropriations, to be merged with the Fund and to remain available until
expended for any purpose under this heading: Provided further, That
amounts in the Fund shall be the only amounts available to each office
or agency of the Department for the services, or portion of services,
specified in the matter preceding the first proviso: Provided further,
That with respect to the Fund, the authorities and conditions under this
heading shall supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $18,598,000,000, to remain available until
expended, shall be available on October 1, 2018 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2018), and $4,000,000,000, to remain available
until expended, shall be available on October
[[Page 133 STAT. 434]]
1, 2019: Provided, That the amounts made available under this heading
are provided as follows:
(1) $20,313,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision of
law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2019 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary, by
notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided further,
That none of the funds provided under this paragraph may be used
to fund a total number of unit months under lease which exceeds
a public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the terms
and conditions of their MTW agreements: Provided further, That
the Secretary shall, to the extent necessary to stay within the
amount specified under this paragraph (except as otherwise
modified under this paragraph), prorate each public housing
agency's allocation otherwise established pursuant to this
paragraph: Provided further, That except as provided in the
following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2019: Provided further, That the Secretary may extend
the notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2019 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held programmatic
reserves (in accordance with VMS data in calendar year 2018 that
is verifiable and complete), as determined by the Secretary:
Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW agreements,
from the agencies' calendar year 2019 MTW funding allocation:
Provided further, That the Secretary shall use any offset
referred to in the previous two provisos throughout the calendar
year to prevent the termination of rental assistance for
families as the result of insufficient funding, as determined by
the
[[Page 133 STAT. 435]]
Secretary, and to avoid or reduce the proration of renewal
funding allocations: Provided further, That up to $100,000,000
shall be available only: (1) for adjustments in the allocations
for public housing agencies, after application for an adjustment
by a public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers that
were not in use during the previous 12-month period in order to
be available to meet a commitment pursuant to section 8(o)(13)
of the Act; (3) for adjustments for costs associated with HUD-
Veterans Affairs Supportive Housing (HUD-VASH) vouchers; and (4)
for public housing agencies that despite taking reasonable cost
savings measures, as determined by the Secretary, would
otherwise be required to terminate rental assistance for
families as a result of insufficient funding: Provided further,
That the Secretary shall allocate amounts under the previous
proviso based on need, as determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to section 18 of the Act, conversion of
section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation of
witnesses in connection with efforts to combat crime in public
and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under any
provision of law authorizing such assistance under section 8(t)
of the Act, Choice Neighborhood vouchers, mandatory and
voluntary conversions, and tenant protection assistance
including replacement and relocation assistance or for project-
based assistance to prevent the displacement of unassisted
elderly tenants currently residing in section 202 properties
financed between 1959 and 1974 that are refinanced pursuant to
Public Law 106-569, as amended, or under the authority as
provided under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the Secretary
may only provide replacement vouchers for units that were
occupied within the previous 24 months that cease to be
available as assisted housing, subject only to the availability
of funds: Provided further, That of the amounts made available
under this paragraph, $5,000,000 may be available to provide
tenant protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t)
[[Page 133 STAT. 436]]
or section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further, That the Secretary shall
issue guidance to implement the previous provisos, including,
but not limited to, requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided further,
That the Secretary may provide section 8 rental assistance from
amounts made available under this paragraph for units assisted
under a project-based subsidy contract funded under the
``Project-Based Rental Assistance'' heading under this title
where the owner has received a Notice of Default and the units
pose an imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines that
such units are not feasible for continued rental assistance
payments or transfer of the subsidy contract associated with
such units to another project or projects and owner or owners,
any remaining amounts associated with such units under such
contract shall be recaptured and used to reimburse amounts used
under this paragraph for rental assistance under the preceding
proviso;
(3) $1,886,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$30,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, HUD-VASH vouchers, and other special
purpose incremental vouchers: Provided, That no less than
$1,856,000,000 of the amount provided in this paragraph shall be
allocated to public housing agencies for the calendar year 2019
funding cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility Act
of 1998 (Public Law 105-276): Provided further, That if the
amounts made available under this paragraph are insufficient to
pay the amounts determined under the previous proviso, the
Secretary may decrease the amounts allocated to agencies by a
uniform percentage applicable to all agencies receiving funding
under this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this
[[Page 133 STAT. 437]]
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $225,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That any amounts provided under this paragraph
in this Act or prior Acts, remaining available after funding
renewals and administrative expenses under this paragraph, shall
be available only for incremental tenant-based rental assistance
contracts under such section 811 for non-elderly persons with
disabilities, including necessary administrative expenses:
Provided further, That upon turnover, section 811 special
purpose vouchers funded under this heading in this or prior
Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) $4,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VASH to serve Native American
veterans that are homeless or at-risk of homelessness living on
or near a reservation or other Indian areas: Provided, That
such amount shall be made available for renewal grants to
recipients that received assistance under prior Acts under the
Tribal HUD-VASH program: Provided further, That the Secretary
shall be authorized to specify criteria for renewal grants,
including data on the utilization of assistance reported by
grant recipients: Provided further, That such assistance shall
be administered in accordance with program requirements under
the Native American Housing Assistance and Self-Determination
Act of 1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That grant
recipients shall report to the Secretary on utilization of such
rental assistance and other program data, as prescribed by the
Secretary: Provided further, That the Secretary may reallocate,
as determined by the Secretary, amounts returned or recaptured
from awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title,
[[Page 133 STAT. 438]]
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the Department
of Veterans Affairs, public housing agency administrative
performance, and other factors as specified by the Secretary of
Housing and Urban Development in consultation with the Secretary
of the Department of Veterans Affairs: Provided further, That
the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with the
Secretary of the Department of Veterans Affairs), any provision
of any statute or regulation that the Secretary of Housing and
Urban Development administers in connection with the use of
funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering
voucher assistance appropriated in a prior Act under the family
unification program that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such program;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of this title, of
which up to $5,000,000 shall be for new incremental voucher
assistance and the remainder of which shall be available to
provide mobility-related services to families with children,
including pre- and post-move counseling and rent deposits, and
to offset the administrative costs of operating the mobility
demonstration: Provided, That incremental voucher assistance
made available under this paragraph shall be for families with
children participating in the mobility demonstration and shall
continue to remain available for families with children upon
turnover: Provided further, That for any public housing agency
administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special purpose
vouchers funded under this heading.
[[Page 133 STAT. 439]]
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2019 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $2,775,000,000, to remain available until September 30,
2022: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2019, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided further,
That for purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a binding
agreement that will result in outlays, immediately or in the future:
Provided further, That of the total amount made available under this
heading, up to $14,000,000 shall be to support ongoing public housing
financial and physical assessment activities: Provided further, That of
the total amount made available under this heading, up to $1,000,000
shall be to support the costs of administrative and judicial
receiverships: Provided further, That of the total amount provided
under this heading, not to exceed $30,000,000 shall be available for the
Secretary to make grants, notwithstanding section 203 of this Act, to
public housing agencies for emergency capital needs including safety and
security measures necessary to address crime and drug-related activity
as well as needs resulting from unforeseen or unpreventable emergencies
and natural disasters excluding Presidentially declared emergencies and
natural disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2019:
Provided further, That of the amount made available under the previous
proviso, not less than $10,000,000 shall be for safety and security
measures: Provided further, That in addition to the amount in the
previous proviso for such safety and security measures, any
[[Page 133 STAT. 440]]
amounts that remain available, after all applications received on or
before September 30, 2020, for emergency capital needs have been
processed, shall be allocated to public housing agencies for such safety
and security measures: Provided further, That of the total amount
provided under this heading, up to $35,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101 et
seq.): Provided further, That of the total amount made available under
this heading, $15,000,000 shall be for a Jobs-Plus initiative modeled
after the Jobs-Plus demonstration: Provided further, That funding
provided under the previous proviso shall be available for competitive
grants to partnerships between public housing authorities, local
workforce investment boards established under section 107 of the
Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. 3122), and
other agencies and organizations that provide support to help public
housing residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to provide
services to residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the Secretary may
allow public housing agencies to request exemptions from rent and income
limitation requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a and 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions as the
Secretary may approve upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the effective
implementation of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall publish by notice
in the Federal Register any waivers or alternative requirements pursuant
to the preceding proviso no later than 10 days before the effective date
of such notice: Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be 25
percent: Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is approved
or denied within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the Secretary
shall provide bonus awards in fiscal year 2019 to public housing
agencies that are designated high performers: Provided further, That
the Department shall notify public housing agencies of their formula
allocation within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading, $25,000,000 shall
be available for competitive grants to public housing agencies to
evaluate and reduce lead-based paint hazards in public housing by
carrying out the activities of risk assessments, abatement, and interim
controls (as those terms are defined in section 1004 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):
Provided further, That for purposes of environmental review, a grant
under the previous proviso shall be considered funds for projects or
activities under title I of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) for purposes of section 26
[[Page 133 STAT. 441]]
of such Act (42 U.S.C. 1437x) and shall be subject to the regulations
implementing such section.
public housing operating fund
For 2019 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,653,116,000,
to remain available until September 30, 2020.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $150,000,000, to remain available until September 30, 2021:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section: Provided
further, That of the amount provided, not less than $75,000,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall consult with
the Secretaries of Education, Labor, Transportation, Health and Human
Services, Agriculture, and Commerce, the Attorney General, and the
Administrator of the Environmental Protection Agency to coordinate and
leverage other appropriate Federal resources: Provided further, That no
more than $5,000,000 of funds made available under this heading may be
provided as grants to undertake comprehensive local planning with input
from residents and the community: Provided further, That unobligated
balances, including recaptures, remaining from funds appropriated under
the heading ``Revitalization of Severely Distressed Public Housing (HOPE
VI)'' in fiscal year 2011 and prior fiscal years may be used for
purposes under this heading, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made available under
this heading
[[Page 133 STAT. 442]]
no later than 60 days after enactment of this Act: Provided further,
That the Secretary shall make grant awards no later than one year from
the date of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section 24(o) of the
United States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary
may, until September 30, 2019, obligate any available unobligated
balances made available under this heading in this, or any prior Act.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $80,000,000, to
remain available until September 30, 2020: Provided, That the Secretary
may, by Federal Register notice, waive or specify alternative
requirements under subsections b(3), b(4), b(5), or c(1) of section 23
of such Act in order to facilitate the operation of a unified self-
sufficiency program for individuals receiving assistance under different
provisions of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily property with a
section 8 contract may voluntarily make a Family Self-Sufficiency
program available to the assisted tenants of such property in accordance
with procedures established by the Secretary: Provided further, That
such procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in accordance with
section 23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family Self-
Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$655,000,000, to remain available until September 30, 2023: Provided,
That, notwithstanding NAHASDA, to determine the amount of the allocation
under title I of such Act for each Indian tribe, the Secretary shall
apply the formula under section 302 of such Act with the need component
based on single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this heading,
$7,000,000 shall be for providing training and technical assistance to
Indian housing authorities and tribally designated housing entities, to
support the inspection of Indian housing units, contract expertise, and
for training and technical assistance related to funding provided under
this heading and other headings under this Act for the needs of Native
American families and Indian country: Provided further, That of the
funds made available under
[[Page 133 STAT. 443]]
the previous proviso, not less than $2,000,000 shall be made available
for a national organization as authorized under section 703 of NAHASDA
(25 U.S.C. 4212): Provided further, That amounts made available under
the previous two provisos may be used, contracted, or competed as
determined by the Secretary: Provided further, That of the amount
provided under this heading, $2,000,000 shall be made available for the
cost of guaranteed notes and other obligations, as authorized by title
VI of NAHASDA: Provided further, That such costs, including the costs
of modifying such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize the total
principal amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,761,989: Provided further, That
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act: Provided further, That
for an additional amount for the Native American Housing Block Grants
program, as authorized under title I of NAHASDA, $100,000,000 to remain
available until September 30, 2023: Provided further, That the
Secretary shall obligate this additional amount for competitive grants
to eligible recipients authorized under NAHASDA that apply for funds:
Provided further, That in awarding this additional amount, the Secretary
shall consider need and administrative capacity, and shall give priority
to projects that will spur construction and rehabilitation: Provided
further, That up to 1 percent of this additional amount may be
transferred, in aggregate, to ``Program Office Salaries and Expenses--
Public and Indian Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the previous
proviso shall remain available until September 30, 2024.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$1,440,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $553,846,154, to
remain available until expended: Provided further, That up to $750,000
of this amount may be for administrative contract expenses including
management processes and systems to carry out the loan guarantee
program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2023: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal years
may be used to provide rental assistance to eligible Native Hawaiian
families both on and off the
[[Page 133 STAT. 444]]
Hawaiian Home Lands, notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $393,000,000, to remain available until September 30,
2020, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2021: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5) of
such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,365,000,000, to remain available until September 30,
2021, unless otherwise specified: Provided, That of the total amount
provided, $3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That unless explicitly provided for under
this heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government,
Indian tribe, or insular area that directly or indirectly receives funds
under this heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for any other
funds, credits or non-Federal considerations, but must use such funds
for activities eligible under title I of the Act: Provided further,
That notwithstanding section 105(e)(1) of the Act, no funds provided
under this heading may be provided to a for-profit entity for an
economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subsection (e)(2): Provided further, That the Department
shall notify grantees of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total amount
provided under this heading, $65,000,000 shall be for grants to Indian
tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety.
[[Page 133 STAT. 445]]
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2019, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to result
in a credit subsidy cost of zero for guaranteeing such loans, and any
such fees shall be collected in accordance with section 502(7) of the
Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,250,000,000, to remain available until September 30, 2022:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $54,000,000, to remain available until
September 30, 2021: Provided, That of the total amount provided under
this heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section 11 of the
Housing Opportunity Program Extension Act of 1996, as amended: Provided
further, That of the total amount provided under this heading,
$35,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities:
Provided further, That of the total amount provided under this heading,
$4,000,000, shall be made available for a program to rehabilitate and
modify the homes of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further, That funds
provided under the previous proviso shall be awarded within 180 days of
enactment of this Act: Provided further, That funds provided for such
program in fiscal years 2016, 2017, and 2018 shall be awarded within 60
days of enactment of this Act.
[[Page 133 STAT. 446]]
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the Continuum of Care program as authorized under subtitle C of
title IV of such Act; and the Rural Housing Stability Assistance program
as authorized under subtitle D of title IV of such Act, $2,636,000,000,
to remain available until September 30, 2021: Provided, That any rental
assistance amounts that are recaptured under such Continuum of Care
program shall remain available until expended: Provided further, That
not less than $280,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program:
Provided further, That not less than $2,219,000,000 of the funds
appropriated under this heading shall be available for such Continuum of
Care and Rural Housing Stability Assistance programs: Provided further,
That of the amounts made available under this heading, up to $50,000,000
shall be made available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and for
eligible activities the Secretary determines to be critical in order to
assist survivors of domestic violence, dating violence, and stalking:
Provided further, That such projects shall be eligible for renewal under
the continuum of care program subject to the same terms and conditions
as other renewal applicants: Provided further, That up to $7,000,000 of
the funds appropriated under this heading shall be available for the
national homeless data analysis project: Provided further, That all
funds awarded for supportive services under the Continuum of Care
program and the Rural Housing Stability Assistance program shall be
matched by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to funds
made available under this heading for this fiscal year and prior fiscal
years, a grantee may use (or could have used) as a source of match funds
other funds administered by the Secretary and other Federal agencies
unless there is (or was) a specific statutory prohibition on any such
use of any such funds: Provided further, That the Secretary shall
collect system performance measures for each continuum of care, and that
relative to fiscal year 2015, under the Continuum of Care competition
with respect to funds made available under this heading, the Secretary
shall base an increasing share of the score on performance criteria:
Provided further, That none of the funds provided under this heading
shall be available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are evaluated
and ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided further,
That all awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless populations
may be eligible: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in fiscal year 2012
and prior years for project-based rental
[[Page 133 STAT. 447]]
assistance for rehabilitation projects with 10-year grant terms may be
used for purposes under this heading, notwithstanding the purposes for
which such funds were appropriated: Provided further, That all balances
for Shelter Plus Care renewals previously funded from the Shelter Plus
Care Renewal account and transferred to this account shall be available,
if recaptured, for Continuum of Care renewals in fiscal year 2019:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$80,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25 communities,
including at least eight communities with substantial rural populations,
can dramatically reduce youth homelessness: Provided further, That of
the amount made available under the previous proviso, up to $5,000,000
shall be available to provide technical assistance on youth
homelessness, and collection, analysis, and reporting of data and
performance measures under the comprehensive approaches to serve
homeless youth, in addition to and in coordination with other technical
assistance funds provided under this title: Provided further, That such
projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide third
party documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$11,347,000,000, to remain available until expended, shall be available
on October 1, 2018 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2018),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2019: Provided, That the amounts made available under
this heading shall be available for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
section 8 contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded under
this
[[Page 133 STAT. 448]]
paragraph: Provided further, That of the total amounts provided under
this heading, not to exceed $245,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That
the Secretary may also use such amounts in the previous proviso for
performance-based contract administrators for the administration of:
interest reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12 U.S.C. 1715z-
1(f)(2)); project rental assistance contracts for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
rental assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project assistance
contracts pursuant to section 202(h) of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading ``Housing
Certificate Fund'', may be used for renewals of or amendments to section
8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such amounts were
appropriated: Provided further, That, notwithstanding any other
provision of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project subject to a
section 8 project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that surplus
project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined by the
Secretary, shall be remitted to the Department and deposited in this
account, to be available until expended: Provided further, That amounts
deposited pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for uses
authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments to
contracts for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$678,000,000, to remain available until September 30, 2022: Provided,
That of the amount provided under this heading, up to $90,000,000 shall
be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further,
[[Page 133 STAT. 449]]
That the Secretary may waive the provisions of section 202 governing the
terms and conditions of project rental assistance, except that the
initial contract term for such assistance shall not exceed 5 years in
duration: Provided further, That upon request of the Secretary, project
funds that are held in residual receipts accounts for any project
subject to a section 202 project rental assistance contract and, upon
termination of such contract, are in excess of an amount to be
determined by the Secretary shall be remitted to the Department and
deposited in this account, to remain available until September 30, 2022:
Provided further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the amounts
otherwise provided by this heading, for amendments and renewals:
Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under
this heading shall be available for amendments and renewals in addition
to the purposes for which such funds originally were appropriated:
Provided further, That of the total amount provided under this heading,
$10,000,000, shall be for a program to be established by the Secretary
to make grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly persons to
enable them to remain in their primary residence: Provided further,
That of the total amount made available under the previous proviso, no
less than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $184,155,000, to remain available
until September 30, 2022, of which $30,155,000 shall be for capital
advance and project rental assistance awards: Provided, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That, upon the
request of the Secretary, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and, upon termination of such contract, are
in excess of an amount to be determined by the Secretary shall be
remitted to the Department and deposited in this account, to remain
available until September 30, 2022: Provided further, That amounts
deposited in this account pursuant to the previous proviso
[[Page 133 STAT. 450]]
shall be available in addition to the amounts otherwise provided by this
heading for amendments and renewals: Provided further, That unobligated
balances, including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be used for
amendments and renewals in addition to the purposes for which such funds
originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $50,000,000, to remain available until September 30,
2020, including up to $4,500,000 for administrative contract services:
Provided, That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this Act:
Provided further, That funds shall be used for providing counseling and
advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management or literacy, and
such other matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and fulfilling
the responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That for purposes of providing such grants from amounts provided under
this heading, the Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured
rental housing projects, $5,000,000, to remain available until expended:
Provided, That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006 from
terminated contracts under such sections of law, and any unobligated
balances, including recaptures and carryover, remaining from funds
appropriated under this heading after fiscal year 2005, shall also be
available for extensions of up to one year for expiring contracts under
such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $12,000,000, to remain available until expended, of which
$12,000,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections are
received during fiscal year 2019 so as to result in a final fiscal year
2019 appropriation from the general fund estimated
[[Page 133 STAT. 451]]
at zero, and fees pursuant to such section 620 shall be modified as
necessary to ensure such a final fiscal year 2019 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may assess and
collect fees from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the Secretary, as
provided herein, may use such collections, as well as fees collected
under section 620, for necessary expenses of such Act: Provided
further, That, notwithstanding the requirements of section 620 of such
Act, the Secretary may carry out responsibilities of the Secretary under
such Act through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2020: Provided, That during fiscal
year 2019, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available until
September 30, 2020: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2019, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for any amount below $1,000,000), but in no
case shall funds made available by this proviso exceed $30,000,000:
Provided further, That notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2019 the Secretary may insure and enter into
new commitments to insure mortgages under section 255 of the National
Housing Act only to the extent that the net credit subsidy cost for such
insurance does not exceed zero: Provided further, That for fiscal year
2019, the Secretary shall not take any action against a lender solely on
the basis of compare ratios that have been adversely affected by
defaults on mortgages secured by properties in areas where a major
disaster was declared in 2017 or 2018 pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2020: Provided,
That during fiscal year 2019, gross
[[Page 133 STAT. 452]]
obligations for the principal amount of direct loans, as authorized by
sections 204(g), 207(l), 238, and 519(a) of the National Housing Act,
shall not exceed $1,000,000, which shall be for loans to nonprofit and
governmental entities in connection with the sale of single family real
properties owned by the Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $550,000,000,000, to remain available until September
30, 2020: Provided, That $27,000,000, to remain available until
September 30, 2020, shall be for necessary salaries and expenses of the
Office of Government National Mortgage Association: Provided further,
That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2019, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $96,000,000, to remain available
until September 30, 2020: Provided, That with respect to amounts made
available under this heading, notwithstanding section 203 of this title,
the Secretary may enter into cooperative agreements funded with
philanthropic entities, other Federal agencies, State or local
governments and their agencies, or colleges or universities for research
projects: Provided further, That with respect to the previous proviso,
such partners to the cooperative agreements must contribute at least a
50 percent match toward the cost of the project: Provided further, That
for non-competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in lieu of
compliance with section 102(a)(4)(C) with respect to documentation of
award decisions: Provided further, That prior to obligation of
technical assistance funding, the Secretary shall submit a plan, for
approval, to the House and Senate Committees on Appropriations on how it
will allocate funding for this activity:
[[Page 133 STAT. 453]]
Provided further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2020: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to develop on-line courses and provide such
training: Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant, or
loan: Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of Housing and
Urban Development for the creation and promotion of translated materials
and other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department
of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$279,000,000, to remain available until September 30, 2020, of which
$45,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to areas
with the highest lead-based paint abatement needs: Provided further,
That $64,000,000 of the funds appropriated under this heading shall be
for the implementation of projects to demonstrate how intensive,
extended multi-year interventions can dramatically reduce the presence
of lead-based paint hazards in communities containing high
concentrations of
[[Page 133 STAT. 454]]
both pre-1940 housing and low-income families by achieving economies of
scale that substantially reduce the cost of lead-based paint remediation
activities and administrative costs for grantees: Provided further,
That such projects in each of seven communities shall be for five years
and serve no more than four contiguous census tracts in which there are
high concentrations of housing stock built before 1940, in which low-
income families with children make up a significantly higher proportion
of the population as compared to the State average, and that are located
in jurisdictions in which instances of elevated blood lead levels
reported to the State are significantly higher than the State average:
Provided further, That funding awarded for such projects shall be made
available for draw down contingent upon the grantee meeting cost-
savings, productivity, and grant compliance benchmarks established by
the Secretary: Provided further, That each recipient of funds for such
projects shall contribute an amount not less than 10 percent of the
total award, and that the Secretary shall give priority to applicants
that secure commitments for additional contributions from public and
private sources: Provided further, That grantees currently receiving
grants made under this heading shall be eligible to apply for such
projects, provided that they are deemed to be in compliance with program
requirements established by the Secretary: Provided further, That each
applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice of
funding availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, still remaining
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific information
systems, and for program-related maintenance activities, $280,000,000,
of which $260,000,000 shall remain available until September 30, 2020,
and of which $20,000,000 shall remain available until September 30,
2021: Provided, That any amounts transferred to this Fund under this
Act shall remain available until expended: Provided further, That any
amounts transferred to this Fund from amounts appropriated by previously
enacted appropriations Acts may be used for the purposes specified under
this Fund, in addition to any other information technology purposes for
which such amounts were appropriated: Provided further, That not more
than 10 percent of the funds made available under this heading for
development, modernization and enhancement may be obligated until the
Secretary submits to the House and Senate Committees on Appropriations,
for approval, a plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (ii) the
estimated life-cycle cost, and (iii) key milestones to be met; and (B)
demonstrates
[[Page 133 STAT. 455]]
that each modernization project is: (i) compliant with the Department's
enterprise architecture, (ii) being managed in accordance with
applicable life-cycle management policies and guidance, (iii) subject to
the Department's capital planning and investment control requirements,
and (iv) supported by an adequately staffed project office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2019 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal
[[Page 133 STAT. 456]]
Reserve banks or any member thereof, Federal Home Loan banks, and any
insured bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2019 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of the
Department and shall submit additional, updated budget information to
these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2020, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees on
Appropriations of the House of Representatives and the Senate, shall use
the identical account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject to
the conditions listed under this section, for fiscal years 2019 and
2020, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-income
use restrictions if any, associated with one or more multifamily housing
project or projects to another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
[[Page 133 STAT. 457]]
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom sizes
to meet current market demands, as determined by the
Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project shall
notify and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended)
of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
[[Page 133 STAT. 458]]
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing
Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
[[Page 133 STAT. 459]]
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this Act
shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in fiscal
year 2019, in managing and disposing of any multifamily property that is
owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA'') and (2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may, in consultation with the
tenants of that property, contract for project-based rental assistance
payments with an owner or owners of other existing housing properties,
or provide other rental assistance. The Secretary shall also take
appropriate steps to ensure that project-based contracts remain in
effect prior to foreclosure, subject to the exercise of contractual
abatement remedies to assist relocation of tenants for imminent major
threats
[[Page 133 STAT. 460]]
to health and safety after written notice to and informed consent of the
affected tenants and use of other available remedies, such as partial
abatements or receivership. After disposition of any multifamily
property described under this section, the contract and allowable rent
levels on such properties shall be subject to the requirements under
section 524 of MAHRAA.
Sec. 214. The commitment authority funded by fees as provided under
the heading ``Community Development Loan Guarantees Program Account''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That any State receiving such a guarantee or commitment shall distribute
all funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the commitment.
Sec. 215. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 216. With <<NOTE: 42 USC 1437g note.>> respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may
not use capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 217. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such allotment
holder has implemented an adequate system of funds control and has
received training in funds control procedures and directives. The Chief
Financial Officer shall ensure that there is a trained allotment holder
for each HUD appropriation under the accounts ``Executive Offices'' and
``Administrative Support Offices,'' as well as each account receiving
appropriations under the general heading ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--Guarantees of
Mortgage-Backed Securities Loan Guarantee Program Account'', and
``Office of Inspector General'' within the Department of Housing and
Urban Development.
Sec. 218. The Secretary <<NOTE: 42 USC 3545a note.>> of the
Department of Housing and Urban Development shall, for fiscal year 2019,
notify the public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the availability
of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of
[[Page 133 STAT. 461]]
law, for fiscal year 2019, the Secretary may make the NOFA available
only on the Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 219. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title may be used
to pay any such litigation costs for attorney fees until the Department
submits for review a spending plan for such costs to the House and
Senate Committees on Appropriations.
Sec. 220. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 221. (a) Any entity receiving housing assistance payments shall
maintain decent, safe, and sanitary conditions, as determined by the
Secretary of Housing and Urban Development (in this section referred to
as the ``Secretary''), and comply with any standards under applicable
State or local laws, rules, ordinances, or regulations relating to the
physical condition of any property covered under a housing assistance
payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score of
60 or above, the Secretary may withdraw the Notice of Default.
[[Page 133 STAT. 462]]
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with
a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for major
threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and
[[Page 133 STAT. 463]]
occupancy review within the past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 222. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2019.
Sec. 223. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 224. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 225. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political subdivision
of a State.
Sec. 226. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 227. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent fiscal year for
the research, evaluation,
[[Page 133 STAT. 464]]
or statistical purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405 of this Act.
Sec. 228. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development subject
to administrative discipline (including suspension from work), in this
or the prior fiscal year, but this prohibition shall not be effective
prior to the effective date of any such administrative discipline or
after any final decision over-turning such discipline.
Sec. 229. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113, and
such authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected youth.
Sec. 230. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, 2017, 2018
and 2019 for the continuum of care (CoC) program as authorized under
subtitle C of title IV of the McKinney-Vento Homeless Assistance Act,
costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 231. (a) From amounts made available under this title under the
heading ``Homeless Assistance Grants'', the Secretary may award 1-year
transition grants to recipients of funds for activities under subtitle C
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.)
to transition from one Continuum of Care program component to another.
(b) No more than 50 percent of each transition grant may be used for
costs of eligible activities of the program component originally funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 232. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 233. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with respect
to the right of a jurisdiction to draw funds from its HOME Investment
Trust Fund that otherwise expired or would expire in 2016, 2017, 2018,
2019, 2020, or 2021 under that section. Section 231(b) of such Act (42
U.S.C. 12771(b)) shall not apply to any
[[Page 133 STAT. 465]]
uninvested funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction's HOME Investment
Trust Fund in 2018, 2019, 2020, or 2021 under that section.
Sec. 234. Amounts made available in title II of division K of the
Consolidated Appropriations Resolution, 2003 (Public Law 108-7) under
the heading ``Indian Housing Loan Guarantee Fund Program Account'' for
necessary expenses of the Land Title Report Commission are rescinded.
Sec. 235. (a) <<NOTE: 42 USC 1437f note.>> Authority.--The
Secretary of Housing and Urban Development (in this section referred to
as the ``Secretary'') may carry out a mobility demonstration program to
enable public housing agencies to administer housing choice voucher
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in a manner designed to encourage families
receiving such voucher assistance to move to lower-poverty areas and
expand access to opportunity areas.
(b) Selection of PHAs.--
(1) Requirements.--The Secretary shall establish
requirements for public housing agencies to participate in the
demonstration program under this section, which shall provide
that the following public housing agencies may participate:
(A) Public housing agencies that together--
(i) serve areas with high concentrations of
holders of rental assistance vouchers under
section 8(o) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)) in poor, low-opportunity
neighborhoods; and
(ii) have an adequate number of moderately
priced rental units in higher-opportunity areas.
(B) Planned consortia or partial consortia of public
housing agencies that--
(i) include at least one agency with a high-
performing Family Self-Sufficiency (FSS) program;
and
(ii) will enable participating families to
continue in such program if they relocate to the
jurisdiction served by any other agency of the
consortium.
(C) Planned consortia or partial consortia of public
housing agencies that--
(i) serve jurisdictions within a single
region;
(ii) include one or more small agencies; and
(iii) will consolidate mobility focused
operations.
(D) Such other public housing agencies as the
Secretary considers appropriate.
(2) Selection criteria.--The Secretary shall establish
competitive selection criteria for public housing agencies
eligible under paragraph (1) to participate in the demonstration
program under this section.
(3) Random selection of families.--The Secretary may require
participating agencies to use a randomized selection process to
select among the families eligible to receive mobility
assistance under the demonstration program.
(c) Regional Housing Mobility Plan.--The Secretary shall require
each public housing agency applying to participate in the demonstration
program under this section to submit a Regional Housing Mobility Plan
(in this section referred to as a ``Plan''), which shall--
[[Page 133 STAT. 466]]
(1) identify the public housing agencies that will
participate under the Plan and the number of vouchers each
participating agency will make available out of their existing
programs in connection with the demonstration;
(2) identify any community-based organizations, nonprofit
organizations, businesses, and other entities that will
participate under the Plan and describe the commitments for such
participation made by each such entity;
(3) identify any waivers or alternative requirements under
subparagraph (e) requested for the execution of the Plan;
(4) identify any specific actions that the public housing
agencies and other entities will undertake to accomplish the
goals of the demonstration, which shall include a comprehensive
approach to enable a successful transition to opportunity areas
and may include counseling and continued support for families;
(5) specify the criteria that the public housing agencies
would use to identify opportunity areas under the plan;
(6) provide for establishment of priority and preferences
for participating families, including a preference for families
with young children, as such term is defined by the Secretary,
based on regional housing needs and priorities; and
(7) comply with any other requirements established by the
Secretary.
(d) Funding for Mobility-Related Services.--
(1) Use of administrative fees.--Public housing agencies
participating in the demonstration program under this section
may use administrative fees under section 8(q) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(q)), their
administrative fee reserves, and funding from private entities
to provide mobility-related services in connection with the
demonstration program, including services such as counseling,
portability coordination, landlord outreach, security deposits,
and administrative activities associated with establishing and
operating regional mobility programs.
(2) Use of housing assistance funds.--Public housing
agencies participating in the demonstration under this section
may use housing assistance payments funds under section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for
security deposits if necessary to enable families to lease units
with vouchers in designated opportunity areas.
(e) Waivers; Alternative Requirements.--
(1) Waivers.--To allow for public housing agencies to
implement and administer their Regional Housing Mobility Plans,
the Secretary may waive or specify alternative requirements for
the following provisions of the United States Housing Act of
1937:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) (relating
to the term of a lease and mobility requirements).
(B) Section 8(o)(13)(C)(i) (relating to the public
housing plan for an agency).
(C) Section 8(r)(2) (relating to the responsibility
of a public housing agency to administer ported
assistance).
(2) Alternative requirements for consortia.--The Secretary
shall provide alternative administrative requirements for public
housing agencies in a selected region to--
(A) form a consortium that has a single housing
choice voucher funding contract; or
[[Page 133 STAT. 467]]
(B) enter into a partial consortium to operate all
or portions of the Regional Housing Mobility Plan, which
may include agencies participating in the Moving To Work
Demonstration program.
(3) Effective date.--Any waiver or alternative requirements
pursuant to this subsection shall not take effect before the
expiration of the 10-day period beginning upon publication of
notice of such waiver or alternative requirement in the Federal
Register.
(f) Implementation.--The Secretary may implement the demonstration,
including its terms, procedures, requirements, and conditions, by
notice.
(g) Evaluation.--Not later than five years after implementation of
the regional housing mobility programs under the demonstration program
under this section, the Secretary shall submit to the Congress and
publish in the Federal Register a report evaluating the effectiveness of
the strategies pursued under the demonstration, subject to the
availability of funding to conduct the evaluation. Through official
websites and other methods, the Secretary shall disseminate interim
findings as they become available, and shall, if promising strategies
are identified, notify the Congress of the amount of funds that would be
required to expand the testing of these strategies in additional types
of public housing agencies and housing markets.
(h) Termination.--The demonstration program under this section shall
terminate on October 1, 2028.
Sec. 236. Section 221 of the Department of Housing and Urban
Development Appropriations Act, 2015 (42 U.S.C. 1437f-1; Public Law 113-
235; 128 Stat 2754) is repealed.
Sec. 237. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal years,
shall remain in effect in accordance with the terms and conditions of
such agreements.
Sec. 238. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2019''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
[[Page 133 STAT. 468]]
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General may
enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2020, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2020 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
[[Page 133 STAT. 469]]
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $150,000,000, of
which $5,000,000 shall be for a multi-family rental housing program:
Provided, That an additional $2,000,000, to remain available until
September 30, 2023, shall be for the promotion and development of shared
equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2019, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,600,000:
Provided, That <<NOTE: 42 USC 11319.>> the first proviso in Public Law
115-141 under the heading ``United States Interagency Council on
Homelessness--Operating Expenses'' is amended by striking ``2020'' and
inserting ``2028''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be
[[Page 133 STAT. 470]]
limited to those contracts where such expenditures are a matter of
public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive order
issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2019, or provided from any
accounts in the Treasury derived by the collection of fees and available
to the agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after the
date of enactment of this Act, each agency funded by this Act
shall submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further, That
the report shall include--
[[Page 133 STAT. 471]]
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and activity
as detailed in this Act, the table accompanying the
explanatory statement accompanying this Act,
accompanying reports of the House and Senate Committee
on Appropriations, or in the budget appendix for the
respective appropriations, whichever is more detailed,
and shall apply to all items for which a dollar amount
is specified and to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant
allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2019 from appropriations made available for salaries and
expenses for fiscal year 2019 in this Act, shall remain available
through September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405 of
this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided, That
for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military
[[Page 133 STAT. 472]]
or naval service, and has within 90 days after his or her release from
such service or from hospitalization continuing after discharge for a
period of not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office of Personnel
Management as still qualified to perform the duties of his or her former
position and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees of
a single agency or department of the United States Government, who are
stationed in the United States, at any single international conference
unless the relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such attendance is
important to the national interest: Provided, That for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
to charge or collect any filing fee for rate or practice complaints
filed with the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and Urban
Development, or any other Federal agency to lease or purchase new light
duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with
[[Page 133 STAT. 473]]
Presidential Memorandum--Federal Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access to
any records, documents, or other materials available to the department
or agency over which that Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and the
Senate within 5 calendar days any failures to comply with this
requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the FAR.
Sec. 420. For an additional amount for the ``Railroad
Rehabilitation and Improvement Financing Program'' account for the cost
of modifications, as defined by section 502 of the Federal Credit Reform
Act of 1990, of direct loans issued pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public
Law 94-210), as amended, and included in cohort 1, as defined by the
Department of Transportation's memorandum to the Office of Management
and Budget dated November 5, 2018, $17,000,000, to remain available
until expended: Provided, That, for a direct loan included in cohort 1,
as defined in the memorandum described in the previous proviso, that has
satisfied all obligations attached to such loan, the Secretary shall
repay the credit risk premiums of such loan, with interest accrued
thereon, not later than 60 days after the enactment of this Act or, for
a direct loan included in cohort 1 with obligations that have not yet
been satisfied, not later than 60 days after
[[Page 133 STAT. 474]]
the date on which all obligations attached to such loan have been
satisfied.
Sec. 421. Section 127(l) of title 23, United States Code, is
amended by adding at the end the following:
``(3) Additional highway segments.--
``(A) In general.--If any segment of highway
described in clause (i) or (ii) of this subparagraph is
designated as a route of the Interstate System, a
vehicle that could operate legally on that segment
before the date of such designation may continue to
operate on that segment, without regard to any
requirement under subsection (a), except that such
vehicle shall not exceed a gross vehicle weight of
120,000 pounds. The highway segments referred to in this
paragraph are as follows:
``(i) The William H. Natcher Parkway (to be
designated as a spur of Interstate Route 65) from
Interstate Route 65 in Bowling Green, Kentucky, to
United States Route 60 in Owensboro, Kentucky.
``(ii) The Julian M. Carroll (Purchase)
Parkway (to be designated as Interstate Route 69)
in Kentucky from the Tennessee state line to the
interchange with Interstate Route 24, near Calvert
City.
``(B) Nondivisible load or vehicle.--Nothing in this
paragraph shall prohibit the State from issuing a permit
for a nondivisible load or vehicle with a gross vehicle
weight that exceeds 120,000 pounds.''.
Sec. 422. Section 127(s) of title 23, United States Code, is
amended--
(1) by striking the subsection heading and inserting the
following: ``(s) Natural Gas and Electric Battery Vehicles'';
(2) by inserting ``or powered primarily by means of electric
battery power'' after the first time ``natural gas'' appears;
(3) by striking ``any vehicle weight limit'' and inserting
``the weight limit on the power unit by up to 2,000 pounds'';
and
(4) by striking all that follows after ``under this
section'' and inserting a period after ``section''.
Sec. 423. Section 31112(c) of title 49, United States Code, is
amended--
(1) in the subsection heading by striking ``and Kansas'' and
inserting ``Kansas, and Oregon'';
(2) in paragraph (4) by striking ``and'' at the end;
(3) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) Oregon may allow the operation of a truck tractor and
2 property-carrying units not in actual lawful operation on a
regular or periodic basis on June 1, 1991, if--
``(A) the length of the property-carrying units does
not exceed 82 feet 8 inches;
``(B) the combination is used only to transport
sugar beets; and
``(C) the operation occurs on United States Route
20, United States Route 26, United States Route 30, or
Oregon Route 201 in the vicinity, or between any, of--
``(i) Vale, Oregon;
``(ii) Ontario, Oregon; or
[[Page 133 STAT. 475]]
``(iii) Nyssa, Oregon.''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2019''.
DIVISION H--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
TITLE I
IMMIGRATION EXTENSIONS
Sec. 101. Section 401(b) <<NOTE: 8 USC 1324a note.>> of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) shall be applied by substituting ``September 30,
2019'' for ``September 30, 2015''.
Sec. 102. Subclauses 101(a)(27)(C)(ii)(II) <<NOTE: 8 USC 1101
note.>> and (III) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(C)(ii)(II) and (III)) shall be applied by substituting
``September 30, 2019'' for ``September 30, 2015''.
Sec. 103. Section 220(c) <<NOTE: 8 USC 1182 note.>> of the
Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C.
1182 note) shall be applied by substituting ``September 30, 2019'' for
``September 30, 2015''.
Sec. 104. Section 610(b) <<NOTE: 8 USC 1153 note.>> of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied
by substituting ``September 30, 2019'' for ``September 30, 2015''.
Sec. 105. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2019 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of aliens
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
by not more than the highest number of H-2B nonimmigrants who
participated in the H-2B returning worker program in any fiscal year in
which returning workers were exempt from such numerical limitation.
TITLE II
TECHNICAL CORRECTIONS
Sec. 201. (a) Section 3(20)(B) of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2302(20)(B)), as amended by
section 7 of the Strengthening Career and Technical Education for the
21st Century Act (Public Law 115-224), is amended by inserting ``,
except that, for the purpose of section 132, the term `recognized
postsecondary credential' as used in this subparagraph shall not include
a baccalaureate degree'' after ``associate degree''.
(b) <<NOTE: 20 USC 2302 note.>> The amendment made by subsection
(a) shall take effect on July 1, 2019, as if included in the
Strengthening Career and
[[Page 133 STAT. 476]]
Technical Education for the 21st Century Act (Public Law 115-224).
Sec. 202. Section 243 of title II of division C of Public Law 115-
244 is amended <<NOTE: 132 Stat. 2973.>> by inserting ``248'' after
``section''.
Sec. 203. Section 177 of division C of Public Law 114-223, as
amended by Public Law 114-254, <<NOTE: 130 Stat. 1014.>> is amended by
inserting ``and the 116th Congress'' after ``the 115th Congress'' in
each instance it appears.
Sec. 204. (a) <<NOTE: 2 USC 1862b.>> During fiscal year 2019 and
each succeeding fiscal year, amounts appropriated or otherwise made
available for the Architect of the Capitol under the heading ``House
Office Buildings'' may be transferred to the House of Representatives
and merged with and made available under the heading ``Allowances and
Expenses'', subject to the approval of the Committee on Appropriations
of the House of Representatives.
(b) The period of availability of any amounts transferred to the
House of Representatives under this section shall be the same period of
availability applicable to such amounts as appropriated for the
Architect of the Capitol.
(c) The aggregate amount transferred under this section in any
fiscal year may not exceed $30,000,000.
Sec. 205. (a) Section 1781 of the Export Control Reform Act of 2018
(50 U.S.C. 4851) is amended--
(1) <<NOTE: 5 USC 5314.>> by redesignating subsections (a),
(b), and (c) as subsections (b), (c), and (d), respectively;
(2) in subsection (b), as so redesignated, in the subsection
heading, by striking ``In General'' and inserting ``Reference'';
and
(3) by inserting before subsection (b), as so redesignated,
the following:
``(a) Under Secretary of Commerce for Industry and Security.--The
President shall appoint, by and with the advice and consent of the
Senate, an Under Secretary of Commerce for Industry and Security, who
shall carry out--
``(1) all functions of the Secretary under this subtitle;
and
``(2) all functions delegated to the Under Secretary of
Commerce for Export Administration on the day before the date of
the enactment of this Act.''.
(b) Part III of the Export Control Reform Act of 2018 (50 U.S.C.
4851) is amended by adding at the end the following:
``SEC. 1782. <<NOTE: 50 USC 4852.>> ASSISTANT SECRETARIES OF COMMERCE.
``(a) In General.--The President shall appoint, by and with the
advice and consent of the Senate, two Assistant Secretaries of Commerce
to assist the Under Secretary of Commerce for Industry and Security in
carrying out the functions described in paragraphs (1) and (2) of
section 1781(a).
``(b) Continuation in Office of One Assistant Secretary.--An
individual appointed as an Assistant Secretary of Commerce under section
15(a) of the Export Administration Act of 1979 (as continued in effect
pursuant to the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.)) and serving in that position on the day before the date
of the enactment of this Act may serve in one of the Assistant Secretary
positions established under subsection (a) on and after that date
without the need for renomination or reappointment.''.
[[Page 133 STAT. 477]]
(c) The table of contents for title XVII of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232) <<NOTE: 132 Stat. 1654.>> is amended by inserting after the item
relating to section 1781 the following:
``Sec. 1782. Assistant Secretaries of Commerce.''.
(d) <<NOTE: 50 USC 4851 note.>> The amendments made by this section
shall take effect as if included in the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232).
TITLE III
BUDGETARY EFFECTS
Sec. 301. (a) Statutory PAYGO Scorecards.--The budgetary effects of
this division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
shall not be entered on any PAYGO scorecard maintained for purposes of
section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
Approved February 15, 2019.
LEGISLATIVE HISTORY--H.J. Res. 31:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 116-9 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 165 (2019):
Jan. 24, considered and passed House.
Jan. 25, considered and passed Senate, amended.
Feb. 14, Senate and House agreed to conference report.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Feb. 15, Presidential statement.
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