U:\2019CONF\HJRes31Front.xml SEN. APPRO. [COMMITTEE PRINT] 116TH CONGRESS } 1st Session HOUSE OF REPRESENTATIVES REPORT { 116- MAKING FURTHER CONTINUING APPROPRIATIONS FOR THE DEPARTMENT OF HOMELAND SECURITY FOR FISCAL YEAR 2019, AND FOR OTHER PURPOSES _ _ _ _ _ _ _ , 2019.-0rdered to be printed _ _ _ _ _ _ _ _ , from the committee of conference, submitted the following CONFERENCE REPORT [To accompany H.J. Res. 31] The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the joint resolution (H.J. Res. 31), making further continuing appropriations for the Department of Homeland Security for fiscal year 2019, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: February 13, 2019 (8:12 p.m.) U:\2019CONF\HJRes31Front.xml SEN. APPRO. 2 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the "Consolidated Appro- 3 priations Act, 2019". 4 SEC. 2. TABLE OF CONTENTS. Sec. Sec. Sec. Sec. Sec. Sec. Sec. 1. Short title. 2. Table of contents. 3. References. 4. Statement of appropriations. 5. Availability of funds. 6. Adjustments to compensation. 7. Technical correction. DIVISION A-DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2019 Title Title Title Title Title I-Departmental Management, Operations, Intelligence, and Oversight II-Security, Enforcement, and Investigations III-Protection, Preparedness, Response, and Recovery IV-Research, Development, Training, and Services V-General Provisions DIVISION B-AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRA'TION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Title Title Title Title Title Title Title I-Agricultural Programs II-Farm Production and Conservation Programs III-Rural Development Programs IV-Domestic Food Programs V-Foreign Assistance and Related Programs VI-Related Agency and Food and Drug Administration VII-General Provisions DIVISION C-COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Title Title Title Title Title February 13, 2019 (8:12 p.m.) I-Department of Commerce II-Department of Justice III-Science IV-Related Agencies V-General Provisions U:\2019CONF\HJRes31Front.xml SEN. APPRO. 3 DIVISION D-FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2019 Title I-Department of the Treasury Title II-Executive Office of the President and Funds Appropriated to the President Title III-The Judiciary Title IV-District of Columbia Title V-Independent Agencies Title VI-General Provisions-This Act Title VII-General Provisions-Government-wide Title VIII-General Provisions-District of Columbia DIVISION E-DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Title Title Title Title I-Department of the Interior II-Environmental Protection Agency III-Related Agencies 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 '11 errorism DIVISION G-TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019 Title Title Title Title I-Department of Transportation II-Department of Housing and Urban Development III-Related Agencies 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 February 13, 2019 (8:12 p.m.) U:\2019CONF\HJRes31Front.xml SEN. APPRO. 4 1 SEC. 3. REFERENCES TO ACT. 2 Except as expressly provided otherwise, any reference 3 to "this Act" contained in any division of this Act shall 4 be treated as referring only to the provisions of that divi- 5 SlOn. 6 SEC. 4. STATEMENT OF APPROPRIATIONS. 7 The following sums in this Act are appropriated, out 8 of any money in the Treasury not otherwise appropriated, 9 for the fiscal year ending September 30, 2019. 10 SEC. 5. AVAILABILITY OF FUNDS. 11 Each amount designated in this Act by the Congress 12 for Overseas Contingency Operations/Global War on Ter13 rorism pursuant to section 25l(b)(2)(A)(ii) of the Bal14 anced Budget and Emergency Deficit Control Act of 1985 15 shall be available (or rescinded, if applicable) only if the 16 President subsequently so designates all such amounts 17 and transmits such designations to the Congress. 18 SEC. 6. ADJUSTMENTS TO COMPENSATION. 19 For a payment to Joe Anne Jones, widow of Walter 20 B. Jones Jr., late a Representative from North Carolina, 21 $174,000. February 13, 2019 (8:12 p.m.) U :\2019CONF\HJRes31Front.xml SEN. APPRO. 5 1 SEC. 7. TECHNICAL CORRECTION. 2 Division O of the Consolidated Appropriations Act, 3 2018 (Public Law 115-141) is amended4 5 6 (1) in the heading, by inserting "Stephen Sepp" before "Wildfire"; and (2) by amending section 101 to read as follows: 7 "SEC. 101. SHORT TITLE. 8 " (a) SHORT TITLE .-This division may be cited as 9 the 'Stephen Sepp Wildfire Suppression Funding and For- 10 est Management Activities Act'. 11 "(b) REFERENCES.-A reference to the Wildfire Sup- 12 pression Funding and Forest Management Activities Act, 13 including a reference in a regulation, order, or other law, 14 is deemed to refer to the Stephen Sepp Wildfire Suppres15 sion Funding and Forest Management Activities Act.''. February 13, 2019 (8:12 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 1 DIVISION A-DEPARTMENT 2 LAND SECURITY 3 ACT, 2019 OF HOME- APPROPRIATIONS 4 TITLE I 5 DEPARTMENTAL MANAGEMENT, OPERATIONS, 6 INTELLIGENCE, AND OVERSIGHT 7 OFFICE OF THE SECRETARY AND EXECUTIVE 8 MANAGEMENT 9 10 OPERATIONS .A.1~D SUPPORT For necessary expenses of the Office of the Secretary 11 and for executive management for operations and support, 12 $141,381,000: Provided, That not to exceed $30,000 shall 13 be for official reception and representation expenses: Pro14 vided further, That of the funds provided under this head15 ing, $13,000,000 shall be withheld from obligation until 16 the Secretary complies with section 106 of this Act and 17 $13,000,000 shall be withheld from obligation until the 18 Secretary provides the first report on border apprehen19 sions required under this heading by the report accom20 panying this Act. 21 22 23 MANAGEMENT DIRECTORATE OPERATIONS AND SUPPORT For necessary expenses of the Management Direc- 24 torate for operations and support, $1,083,837,000: ProFebruary 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 2 l vided, That not to exceed $2,000 shall be for official recep2 tion and representation expenses. 3 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 4 For necessary expenses of the Management Direc- 5 torate for procurement, construction, and improvements, 6 $175,920,000, of which $55,920,000 shall remain avail7 able until September 30, 2021; and of which 8 $120,000,000 shall remain available until September 30, 9 2023, and shall be transferred to and merged with the 10 General Services Administration's Federal Buildings 11 Fund for Department of Homeland Security headquarters 12 consolidation at St. Elizabeths: Provided, That not later 13 than 30 days prior to any such transfer of funds, the Sec14 retary of Homeland Security and the Administrator of 15 General Services shall provide to the Committees on Ap16 propriations of the Senate and the House of Representa17 tives a detailed plan delineating the proposed use of such 18 transferred funds for such headquarters consolidation 19 project. 20 21 RESEARCH AND DEVELOPMENT For necessary expenses of the Management Direc- 22 torate for research and development, $2,545,000, to re23 main available until September 30, 2020. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 3 1 INTELLIGENCE, ANALYSIS, AND OPERATIONS 2 COORDINATION 3 OPERATIONS . AND SUPPORT 4 For necessary expenses of the Office of Intelligence 5 and Analysis and the Office of Operations Coordination 6 for operations and support, $253,253,000, of which 7 $78,299,000 shall remain available until September 30, 8 2020: Provided, That not to exceed $3,825 shall be for 9 official reception and representation expenses and not to 10 exceed $2,000,000 is available for facility needs associated 11 with secure space at fusion centers, including improve12 ments to buildings. 13 OFFICE OF INSPECTOR GENERAL 14 OPERATIONS AND SUPPORT 15 For necessary expenses of the Office of Inspector 16 General for operations and support, $168,000,000: Pro17 vided, That not to exceed $300,000 may be used for cer18 tain confidential operational expenses, including the pay19 ment of informants, to be expended at the direction of the 20 Inspector General. 21 22 ADMINISTRATIVE PROVISIONS SEC. 101. Not later than 30 days after the last day 23 of each month, the Chief Financial Officer of the Depart24 ment of Homeland Security shall submit to the Commit25 tees on Appropriations of the Senate and the House of February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 4 1 Representatives a monthly budget and staffing report that 2 includes total obligations of the Department for that 3 month and for the fiscal year at the appropriation and 4 program, project, and activity levels, by the source year 5 of the appropriation. 6 SEC. 102. (a) The Secretary of Homeland Security 7 shall submit a report not later than October 15, 2019, 8 to the Inspector General of the Department of Homeland 9 Security listing all grants and contracts awarded by any 10 means other than full and open competition during fiscal 11 years 2018 and 2019. 12 (b) The Inspector General shall review the report re- 13 quired by subsection (a) to assess departmental compli14 ance with applicable laws and regulations and report the 15 results of that review to the Committees on Appropriations 16 of the Senate and the House of Representatives not later 17 than February 15, 2020. 18 SEC. 103. The Secretary of Homeland Security shall 19 require that all contracts of the Department of Homeland 20 Security that provide award fees link such fees to success21 ful acquisition outcomes, which shall be specified in terms 22 of cost, schedule, and performance. 23 SEC. 104. The Secretary of Homeland Security, in 24 consultation with the Secretary of the Treasury, shall no25 tify the Committees on Appropriations of the Senate and February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 5 1 the House of Representatives of any proposed transfers 2 of funds available under section 9705(g)(4)(B) of title 31, 3 United States Code from the Department of the 11 reasury 4 Forfeiture Fund to any agency within the Department of 5 Homeland Security: Provided, That none of the funds 6 identified for such a transfer may be obligated until the 7 Committees on Appropriations of the Senate and the 8 House of Representatives are notified of the proposed 9 transfers. 10 SEC. 105. All official costs associated with the use 11 of Government aircraft by Department of Homeland Secu12 rity personnel to support official travel of the Secretary 13 and the Deputy Secretary shall be paid from amounts 14 made available for the Office of the Secretary. 15 SEC. 106. Section 107 of the Department of Home- 16 land Security Appropriations Act, 2018 (division F of 17 Public Law 115-141), related to visa overstay data, shall 18 apply in fiscal year 2019, except that the reference to 19 "this Act" shall be treated as referring to this Act, and 20 the reference to "2017" shall be treated as referring to 21 "2018". February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 6 1 TITLE II 2 SECURITY, ENFORCEMENT, AND 3 INVESTIGATIONS 4 U.S. 5 6 CUSTOMS AND BORDER PROTECTION OPERATIOKS AND SUPPORT For necessary expenses of U.S. Customs and Border 7 Protection for operations and support, including the trans8 portation of unaccompanied minor aliens; the provision of 9 air and marine support to Federal, State, and local agen- 10 cies in the enforcement or administration of laws enforced 11 by the Department of Homeland Security; at the discre12 tion of the Secretary of Homeland Security, the provision 13 of such support to Federal, State, and local agencies in 14 other law enforcement and emergency humanitarian ef- 15 forts; the purchase and lease of up to 7,500 (6,500 for 16 replacement only) police-type vehicles; the purchase, main17 tenance, or operation of marine vessels, aircraft, and un- 18 manned aerial systems; and contracting with individuals 19 for personal services abroad; $12,179,729,000; of which 20 $3,274,000 shall be derived from the Harbor Maintenance 21 Trust }1-,und for administrative expenses related to the col22 lection of the Harbor Maintenance Fee pursuant to section 23 9505(c)(3) of the Internal Revenue Code of 1986 (26 24 U.S.C. 9505(c)(3)) and notwithstanding section 25 151l(e)(l) of the Homeland Security Act of 2002 (6 February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 7 1 U.S.C. 55l(e)(l)); of which $2,000,000,000 shall be avail- 2 able until September 30, 2020; and of which such sums 3 as become available in the Customs User Fee Account, ex4 cept sums subject to section 13031(f)(3) of the Consoli5 dated Omnibus Budget Reconciliation Act of 1985 (19 6 U.S.C. 58c(f)(3)), shall be derived from that account; and 7 of which $58,710,000 is for additional customs officers: 8 Provided, That not to exceed $34,425 shall be for official 9 reception and representation expenses: Provided further, 10 That not to exceed $150,000 shall be available for pay11 ment for rental space in connection with preclearance op12 erations: Provided further, That not to exceed $1,000,000 13 shall be for awards of compensation to informants, to be 14 accounted for solely under the certificate of the Secretary 15 of Homeland Security. 16 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 17 For necessary expenses of U.S. Customs and Border 18 Protection for procurement, construction, and improve19 ments, including procurements to buy marine vessels, air- 20 craft, and unmanned aerial systems, $2,515,878,000, of 21 which $870,656,000 shall remain available until Sep- 22 tember 30, 2021, and of which $1,645,222,000 shall re23 main available until September 30, 2023. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 8 1 U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT 2 OPERATIONS AND SUPPORT 3 For necessary expenses of U.S. Immigration and 4 Customs Enforcement for operations and support, includ- 5 ing the purchase and lease of up to 3,790 (2,350 for re6 placement only) police-type vehicles; overseas vetted units; 7 and maintenance, minor construction, and minor leasehold 8 improvements at owned and leased facilities; 9 $7,542,153,000; of which $6,000,000 shall remain avail10 able until expended for efforts to enforce laws against 11 forced child labor; of which $75,448,000 shall remam 12 available until September 30, 2020; of which $1,500,000 13 is for paid apprenticeships for participants in the Human 14 Exploitation Rescue Operative Child-Rescue Corps; of 15 which not less than $15,000,000 shall be available for in16 vestigation of intellectual property rights violations, in17 eluding operation of the National Intellectual Property 18 Rights Coordination Center; and of which not less than 19 $4,273,857,000 shall be for enforcement, detention, and 20 removal operations, including transportation of unaccom21 panied minor aliens: Provided, That not to exceed $11,475 22 shall be for official reception and representation expenses: 23 Provided further, That not to exceed $10,000,000 shall be 24 available until expended for conducting special operations 25 under section 3131 of the Customs Enforcement Act of February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 9 1 1986 (19 U.S.C. 2081): Provided further, That not to ex2 ceed $2,000,000 shall be for awards of compensation to 3 informants, to be accounted for solely under the certificate 4 of the Secretary of Homeland Security: Provided further, 5 That not to exceed $11,216,000 shall be available to fund 6 or reimburse other Federal agencies for the costs associ7 ated with the care, maintenance, and repatriation of 8 smuggled aliens unlawfully present in the United States: 9 Provided further, That of the funds made available under 10 this heading, $10,000,000 shall be withheld from obliga11 tion until the first report required by section 22 6 has been 12 made available on a publicly accessible website. 13 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 14 For necessary expenses of U.S. Immigration and 15 Customs Enforcement for procurement, construction, and 16 improvements, $45,559,000, to remain available until Sep17 tember 30, 2021; of which not less than $10,000,000 shall 18 be available for facilities repair and maintenance projects. 19 TRANSPORTATION SECURITY ADMINISTRATION 20 OPERATIONS AND SUPPORT 21 22 rity J1...,or necessary expenses of the Transportation SecuAdministration for operations and support, 23 $7,410,079,000, to remain available until September 30, 24 2020: Provided, That not to exceed $7,650 shall be for 25 official reception and representation expenses: Provided February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 10 l further, That security service fees authorized under section 2 44940 of title 49, United States Code, shall be credited 3 to this appropriation as offsetting collections and shall be 4 available only for aviation security: Provided further, That 5 the sum appropriated under this heading from the general 6 fund shall be reduced on a dollar-for-dollar basis as such 7 offsetting collections are received during fiscal year 2019 8 so as to result in a final fiscal year appropriation from 9 the general fund estimated at not more than 10 $4,740,079,000. 11 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 12 For necessary expenses of the Transportation Secu- 13 rity Administration for procurement, construction, and 14 improvements, $169,789,000, to remain available until 15 September 30, 2021. 16 17 RESEARCH AND DEVELOPMENT }1-,or necessary expenses of the Transportation Secu- 18 rity Administration for research and development, 19 $20,594,000, to remain available until September 30, 20 2020. 21 COAST GUARD 22 OPERATIONS AND SUPPORT 23 For necessary expenses of the Coast Guard for oper- 24 ations and support including purchase or lease of not to 25 exceed 25 passenger motor vehicles, which shall be for re- February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 11 1 placement only; purchase or lease of small boats for con2 tingent and emergent requirements (at a unit cost of not 3 more than $700,000) and repairs and service-life replace4 ments, not to exceed a total of $31,000,000; purchase, 5 lease, or improvements of boats necessary for overseas de6 ployments and activities; payments pursuant to section 7 156 of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 8 1920); and recreation and welfare; $7,808,201,000, of 9 which $505,000,000 shall be for defense-related activities, 10 of which $165,000,000 is designated by the Congress for 11 Overseas Contingency Operations/Global War on Ter12 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal13 anced Budget and Emergency Deficit Control Act of 1985; 14 of which $24,500,000 shall be derived from the Oil Spill 15 Liability Trust Fund to carry out the purposes of section 16 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 17 2712(a)(5)); of which $11,000,000 shall remain available 18 until September 30, 2021; and of which $13,469,000 shall 19 remain available until September 30, 2023, for environ20 mental compliance and restoration: Provided, rrhat not to 21 exceed $23,000 shall be for official reception and represen22 tation expenses: Provided further, That $25,000,000 shall 23 be withheld from obligation for Coast Guard Headquarters 24 Directorates until a future-years capital investment plan 25 for fiscal years 2020 through 2024 is submitted to the February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 12 1 Committees on Appropriations of the Senate and the 2 House of Representatives pursuant to section 217 of this 3 Act. 4 PROCUREl\IENT, CONSTRUCTION, AND IMPROVEMENTS 5 For necessary expenses of the Coast Guard for pro- 6 curement, construction, and improvements, including aids 7 to navigation, shore facilities (including facilities at De8 partment of Defense installations used by the Coast 9 Guard), and vessels and aircraft, including equipment re10 lated thereto, $2,248,260,000, to remain available until 11 September 30, 2023, of which $20,000,000 shall be de12 rived from the Oil Spill Liability Trust Fund to carry out 13 the purposes of section 1012(a)(5) of the Oil Pollution Act 14 of 1990 (33 U.S.C. 2712(a)(5)). 15 16 RESEARCH AND DEVELOPMENT For necessary expenses of the Coast Guard for re- 17 search and development; and for maintenance, rehabilita18 tion, lease, and operation of facilities and equipment; 19 $20,256,000, to remain available until September 30, 20 2021, of which $500,000 shall be derived from the Oil 21 Spill Liability Trust Fund to carry out the purposes of 22 section 1012(a)(5) of the Oil Pollution Act of 1990 (33 23 U.S.C. 2712(a)(5)): Provided, 'I1hat there may be credited 24 to and used for the purposes of this appropriation funds 25 received from State and local governments, other public February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 13 1 authorities, private sources, and foreign countries for ex2 penses incurred for research, development, testing, and 3 evaluation. 4 5 RETIRED PAY For retired pay, including the payment of obligations 6 otherwise chargeable to lapsed appropriations for this pur7 pose, payments under the Retired Serviceman's Family 8 Protection and Survivor Benefits Plans, payment for ca- 9 reer status bonuses, payment of continuation pay under 10 section 356 of title 37, United States Code, concurrent 11 receipts, combat-related special compensation, and pay12 ments for medical care of retired personnel and their de13 pendents under chapter 55 of title 10, United States Code, 14 $1,739,844,000, to remain available until expended. 15 UNITED STATES SECRET SERVICE 16 OPERATIONS .AND SUPPORT 17 For necessary expenses of the United States Secret 18 Service for operations and support, including purchase of 19 not to exceed 652 vehicles for police-type use for replace20 ment only; hire of passenger motor vehicles; purchase of 21 motorcycles made in the United States; hire of aircraft; 22 rental of buildings in the District of Columbia; fencing, 23 lighting, guard booths, and other facilities on private or 24 other property not in Government ownership or control, 25 as may be necessary to perform protective functions; con- February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 14 1 duct of and participation in firearms matches; presen2 tation of awards; conduct of behavioral research in sup3 port of protective intelligence and operations; payment in 4 advance for commercial accommodations as may be nec- 5 essary to perform protective functions; and payment, with6 out regard to section 5702 of title 5, United States Code, 7 of subsistence expenses of employees who are on protective 8 missions, whether at or away from their duty stations; 9 $2,148,528,000; of which $40,036,000 shall remain avail10 able until September 30, 2020, and of which $6,000,000 11 shall be for a grant for activities related to investigations 12 of missing and exploited children; and of which up to 13 $9,500,000 may be for calendar year 2018 premium pay 14 in excess of the annual equivalent of the limitation on the 15 rate of pay contained in section 5547(a) of title 5, United 16 States Code, pursuant to section 2 of the Overtime Pay 17 for Protective Services Act of 2016 (5 U.S.C. 554 7 note), 18 as amended by Public Law 115-160: Provided, That not 19 to exceed $19,125 shall be for official reception and rep- 20 resentation expenses: Provided further, That not to exceed 21 $100,000 shall be to provide technical assistance and 22 equipment to foreign law enforcement organizations in 23 criminal investigations within the jurisdiction of the 24 United States Secret Service. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 15 1 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 2 For necessary expenses of the United States Secret 3 Service for procurement, construction, and improvements, 4 $97,131,000, to remain available until September 30, 5 2021. 6 7 RESE.ARCH AND DEVELOPMENT For necessary expenses of the United States Secret 8 Service for research and development, $2,500,000, to re9 main available until September 30, 2020. 10 11 ADMINISTRATIVE PROVISIONS SEC. 201. Section 201 of the Department of Home- 12 land Security Appropriations Act, 2018 (division F of 13 Public Law 115-141), related to overtime compensation 14 limitations, shall apply with respect to funds made avail15 able in this Act in the same manner as such section ap16 plied to funds made available in that Act, except that "fis17 cal year 2019" shall be substituted for "fiscal year 2018". 18 SEC. 202. Funding made available under the head- 19 ings "U.S. Customs and Border Protection-Operations 20 and Support" and "U.S. Customs and Border Protec21 tion-Procurement, Construction, and Improvements" 22 shall be available for customs expenses when necessary to 23 maintain operations and prevent adverse personnel actions 24 in Puerto Rico in addition to funding provided by section 25 740 of title 48, United States Code. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 16 1 SEC. 203. As authorized by section 60l(b) of the 2 United States-Colombia Trade Promotion Agreement Im3 plementation Act (Public Law 112-42), fees collected 4 from passengers arriving from Canada, Mexico, or an ad- 5 jacent island pursuant to section 1303l(a)(5) of the Con6 solidated Omnibus Budget Reconciliation Act of 1985 (19 7 U.S.C. 58c(a)(5)) shall be available until expended. 8 SEC. 204. For an additional amount for "U.S. Cus- 9 toms and Border Protection-Operations and Support", 10 $31,000,000, to remain available until expended, to be re11 duced by amounts collected and credited to this appropria12 tion in fiscal year 2019 from amounts authorized to be 13 collected by section 286(i) of the Immigration and Nation14 ality Act (8 U.S.C. 1356(i)), section 10412 of the Farm 15 Security and Rural Investment Act of 2002 (7 U.S.C. 16 8311), and section 817 of the Trade Facilitation and 17 Trade Enforcement Act of 2015 (Public Law 114-25), or 18 other such authorizing language: Provided, That to the ex19 tent that amounts realized from such collections exceed 20 $31,000,000, those amounts in excess of $31,000,000 21 shall be credited to this appropriation, to remain available 22 until expended. 23 SEC. 205. None of the funds made available in this 24 Act for U.S. Customs and Border Protection may be used 25 to prevent an individual not in the business of importing February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 17 1 a prescription drug (within the meaning of section 801(g) 2 of the Federal Food, Drug, and Cosmetic Act) from im3 porting a prescription drug from Canada that complies 4 with the Federal Food, Drug, and Cosmetic Act: Provided, 5 That this section shall apply only to individuals trans6 porting on their person a personal-use quantity of the pre7 scription drug, not to exceed a 90-day supply: Provided 8 further, That the prescription drug may not be9 (1) a controlled substance, as defined in section 10 102 of the Controlled Substances Act (21 U.S.C. 11 802); or 12 (2) a biological product, as defined in section 13 351 of the Public Health Service Act (42 U.S.C. 14 262). 15 SEC. 206. Notwithstanding any other proV1s10n of 16 law, none of the funds provided in this or any other Act 17 shall be used to approve a waiver of the navigation and 18 vessel-inspection laws pursuant to section 50l(b) of title 19 46, United States Code, for the transportation of crude 20 oil distributed from and to the Strategic Petroleum Re21 serve until the Secretary of Homeland Security, after con22 sultation with the Secretaries of the Departments of En23 ergy and Transportation and representatives from the 24 United States flag maritime industry, takes adequate 25 measures to ensure the use of United States flag vessels: February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xrnl SEN. APPRO. 18 l Provided, That the Secretary shall notify the Committees 2 on Appropriations of the Senate and the House of Rep3 resentatives, the Committee on Commerce, Science, and 4 Transportation of the Senate, and the Committee on 5 Transportation and Infrastructure of the House of Rep6 resentatives within 2 business days of any request for 7 waivers of navigation and vessel-inspection laws pursuant 8 to section 501(b) of title 46, United States Code, with re9 spect to such transportation, and the disposition of such 10 requests. 11 SEC. 207. (a) Beginning on the date of enactment 12 of this Act, the Secretary of Homeland Security shall 13 not14 (1) establish, collect, or otherwise impose any 15 new border crossing fee on individuals crossing the 16 Southern border or the Northern border at a land 17 port of entry; or 18 (2) conduct any study relating to the imposition 19 of a border crossing fee. 20 (b) In this section, the term "border crossing fee" 21 means a fee that every pedestrian, cyclist, and driver and 22 passenger of a private motor vehicle is required to pay 23 for the privilege of crossing the Southern border or the 24 Northern border at a land port of entry. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 19 1 SEC. 208. Without regard to the limitation as to time 2 and condition of section 503(d) of this Act, the Secretary 3 may reprogram within and transfer funds to "U.S. Immi4 gration and Customs Enforcement-Operations and Sup5 port" as necessary to ensure the detention of aliens 6 prioritized for removal. 7 SEC. 209. None of the funds provided under the 8 heading "U.S. Immigration and Customs Enforcement9 Operations and Support" may be used to continue a dele10 gation of law enforcement authority authorized under sec11 tion 287(g) of the Immigration and Nationality Act (8 12 U.S.C. 1357(g)) if the Department of Homeland Security 13 Inspector General determines that the terms of the agree14 ment governing the delegation of authority have been ma15 terially violated. 16 SEC. 210. None of the funds provided under the 17 heading "U.S. Immigration and Customs Enforcement18 Operations and Support" may be used to continue any 19 contract for the provision of detention services if the two 20 most recent overall performance evaluations received by 21 the contracted facility are less than "adequate" or the 22 equivalent median score in any subsequent performance 23 evaluation system. 24 SEC. 211. Members of the United States House of 25 Representatives and the United States Senate, including February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 20 1 the leadership; the heads of Federal agencies and commis- 2 sions, including the Secretary, Deputy Secretary, Under 3 Secretaries, and Assistant Secretaries of the Department 4 of Homeland Security; the United States Attorney Gen5 eral, Deputy Attorney General, Assistant Attorneys Gen6 eral, and the United States Attorneys; and senior mem- 7 bers of the Executive Office of the President, including 8 the Director of the Office of Management and Budget, 9 shall not be exempt from Federal passenger and baggage 10 screenmg. 11 SEC. 212. Any award by the Transportation Security 12 Administration to deploy explosives detection systems 13 shall be based on risk, the airport's current reliance on 14 other screening solutions, lobby congestion resulting in in- 15 creased security concerns, high injury rates, airport readi16 ness, and increased cost effectiveness. 17 SEC. 213. Notwithstanding section 44923 of title 49, 18 United States Code, for fiscal year 2019, any funds in 19 the Aviation Security Capital Fund established by section 20 44923(h) of title 49, United States Code, may be used 21 for the procurement and installation of explosives detec22 tion systems or for the issuance of other transaction agree23 ments for the purpose of funding projects described in sec24 tion 44923(a) of such title. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 21 1 SEC. 214. None of the funds made available by this 2 or any other Act may be used by the Administrator of 3 the Transportation Security Administration to implement, 4 administer, or enforce, in abrogation of the responsibility 5 described in section 44903(n)(l) of title 49, United States 6 Code, any requirement that airport operators provide air- 7 port-financed staffing to monitor exit points from the ster8 ile area of any airport at which the Transportation Secu- 9 rity Administration provided such monitoring as of De10 cember 1, 2013. 11 SEC. 215. None of the funds made available by this 12 Act under the heading "Coast Guard-Operations and 13 Support" shall be for expenses incurred for recreational 14 vessels under section 12114 of title 46, United States 15 Code, except to the extent fees are collected from owners 16 of yachts and credited to the appropriation made available 17 by this Act under the heading "Coast Guard-Operations 18 and Support": Provided, That to the extent such fees are 19 insufficient to pay expenses of recreational vessel docu20 mentation under such section 12114, and there is a back21 log of recreational vessel applications, personnel per- 22 forming non-recreational vessel documentation functions 23 under subchapter II of chapter 121 of title 46, United 24 States Code, may perform documentation under section 25 12114. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 22 1 SEC. 216. Without regard to the limitation as to time 2 and condition of section 503(d) of this Act, after June 3 30, up to $10,000,000 may be reprogrammed to or from 4 the Military Pay and Allowances funding category within 5 "Coast Guard-Operations and Support" in accordance 6 with subsection (a) of section 503 of this Act. 7 SEC. 217. Notwithstanding any other provis10n of 8 law, the Commandant of the Coast Guard shall submit 9 to the Committees on Appropriations of the Senate and 10 the House of Representatives a future-years capital invest11 ment plan as described in the second proviso under the 12 heading "Coast Guard-Acquisition, Construction, and 13 Improvements" in the Department of Homeland Security 14 Appropriations Act, 2015 (Public Law 114-4), which shall 15 be subject to the requirements in the third and fourth pro16 visos under such heading. 17 SEC. 218. The United States Secret Service is au- 18 thorized to obligate funds in anticipation of reimburse19 ments from executive agencies, as defined in section 105 20 of title 5, United States Code, for personnel receiving 21 training sponsored by the James J. Rowley Training Cen22 ter, except that total obligations at the end of the fiscal 23 year shall not exceed total budgetary resources available 24 under the heading "United States Secret Service-Oper25 ations and Support" at the end of the fiscal year. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 23 1 SEC. 219. None of the funds made available to the 2 United States Secret Service by this Act or by previous 3 appropriations Acts may be made available for the protec4 tion of the head of a Federal agency other than the Sec- 5 retary of Homeland Security: Provided, That the Director 6 of the United States Secret Service may enter into agree- 7 ments to provide such protection on a fully reimbursable 8 basis. 9 SEC. 220. For purposes of section 503(a)(3) of this 10 Act, up to $15,000,000 may be reprogrammed within 11 "United States Secret Service-Operations and Support". 12 SEC. 221. Funding made available in this Act for 13 "United States Secret Service-Operations and Support" 14 is available for travel of United States Secret Service em15 ployees on protective missions without regard to the limi16 tations on such expenditures in this or any other Act if 17 the Director of the United States Secret Service or a des18 ignee notifies the Committees on Appropriations of the 19 Senate and the House of Representatives 10 or more days 20 in advance, or as early as practicable, prior to such ex21 penditures. 22 SEC. 222. Not later than 90 days after the date of 23 the enactment of this Act, the Secretary of Homeland Se24 curity shall submit an expenditure plan for the amounts 25 made available for "U.S. Customs and Border Protec- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 24 1 tion-Procurement, Construction, and Improvements" to 2 the Committees on Appropriations of the Senate and the 3 House of Representatives: Provided, That no such 4 amounts may be obligated prior to the submission of such 5 plan. 6 SEC. 223. Funds made available for Overseas Contin- 7 gency Operations/Global War on Terrorism under the 8 heading "Coast Guard-Operations and Support'' may be 9 allocated by program, project, and activity, notwith10 standing section 503 of this Act. 11 SEC. 224. (a) None of the funds provided by this Act 12 or any other Act, or provided from any accounts in the 13 Treasury of the United States derived by the collection 14 of fees available to the components funded by this Act, 15 may be used by the Secretary of Homeland Security to 16 place in detention, remove, refer for a decision whether 17 to initiate removal proceedings, or initiate removal pro18 ceedings against a sponsor, potential sponsor, or member 19 of a household of a sponsor or potential sponsor of an un20 accompanied alien child (as defined in section 462 (g) of 21 the Homeland Security Act of 2002 (6 U.S.C. 279(g))) 22 based on information shared by the Secretary of Health 23 and Human Services. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 25 1 (b) Subsection (a) shall not apply if a background 2 check of a sponsor, potential sponsor, or member of a 3 household of a sponsor or potential sponsor reveals4 5 (1) a felony conviction or pending felony charge that relates to- 6 (A) an aggravated felony (as defined in 7 section 101(a)(43) of the Immigration and Na- 8 tionality Act (8 U.S.C. 1101(a)(43))); 9 (B) child abuse; 10 (C) sexual violence or abuse; or 11 (D) child pornography; 12 13 (2) an association with any business that em- ploys a minor who- 14 (A) is unrelated to the sponsor, potential 15 sponsor, or member of a household of a sponsor 16 or potential sponsor; and 17 (B) is- 18 (i) not paid a legal wage; or 19 (ii) unable to attend school due to the 20 21 employment; or (3) an association with the organization or im- 22 plementation of prostitution. 23 SEC. 225. (a) Subject to the provisions of this section, 24 the Administrator of the Transportation Security Admin25 istration (hereafter in this section referred to as "the Ad- February 13, 2019 (8:57 p.m.) SEN. APPRO. U :\2019CONF\DivA-DHS.xml 26 1 ministrator") may conduct a pilot program to provide 2 screening services outside of an existing primary pas3 senger terminal screening area where screening services 4 are currently provided or would be eligible to be provided 5 under the Transportation Security Administration's annu6 ally appropriated passenger screening program as a pr17 mary passenger terminal screening area. 8 (b) Any request for screening services under sub- 9 section (a) shall be initiated only at the request of a public 10 or private entity regulated by the Transportation Security 11 Administration; shall be made in writing to the Adminis- 12 trator; and may only be submitted to the Transportation 13 Security Administration after consultation with the rel14 evant local airport authority. 15 (c) The Administrator may provide the requested 16 screening services under subsection (a) if the Adminis- 17 trator provides a certification to the Committee on Home18 land Security and the Committee on Appropriations of the 19 House of Representatives, and the Committee on Com- 20 merce, Science, and Transportation and the Committee on 21 Appropriations of the Senate that implementation of sub- 22 section (a) does not reduce the security or efficiency of 23 screening services already provided in primary passenger 24 terminals at any impacted airports. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 27 1 (d) No screening services may be provided under sub- 2 section (a) unless the requesting entity agrees in writing 3 to the scope of the screening services to be provided, and 4 agrees to compensate the Transportation Security Admin- 5 istration for all reasonable personnel and non-personnel 6 costs, including overtime, of providing the screening serv- 7 ices. 8 (e) The authority available under this section is effec- 9 tive for fiscal years 2019 through 2021 and may be uti10 lized at not more than eight locations for transportation 11 security purposes. 12 (f) Notwithstanding any other provision of law, an 13 airport authority, air carrier, or other requesting entity 14 shall not be liable for any claims for damages filed in State 15 or :B-,ederal court (including a claim for compensatory, pu16 nitive, contributory, or indemnity damages) relating to17 (1) an airport authority's or other entity's deci- 18 sion to request that the Transportation Security Ad- 19 ministration provide passenger screening services 20 outside of a primary passenger terminal screening 21 area; or 22 (2) any act of negligence, gross negligence, or 23 intentional wrongdoing by employees of the Trans- 24 portation Security Administration providing pas- February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 28 1 senger and property security screening services at a 2 pilot program screening location. 3 (g) Notwithstanding any other provision of law, any 4 compensation received by the Transportation Security Ad- 5 ministration under subsection (d) shall be credited to the 6 account used to finance the provision of reimbursable se7 curity screening services under subsection (a). 8 (h) The Administrator shall submit to the Committee 9 on Homeland Security and the Committee on Appropria10 tions of the House of Representatives, and the Committee 11 on Commerce, Science, and Transportation and the Com- 12 mittee on Appropriations of the Senate13 (1) an implementation plan for the pilot pro- 14 grams under subsection (a), including the applica- 15 tion process, that is due by 90 days after the date 16 of enactment of this Act; 17 18 (2) an evaluation plan for the pilot programs; and 19 (3) annual performance reports, by not later 20 than 60 days after the end of each fiscal year in 21 which the pilot programs are in operation, includ- 22 mg- 23 (A) the amount of reimbursement received 24 by the Transportation Security Administration 25 from each entity in the pilot program for the February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 29 1 preceding fiscal year, delineated by personnel 2 and non-personnel costs; 3 (B) an analysis of the results of the pilot 4 programs corresponding to the evaluation plan 5 required under paragraph (2); 6 ( C) any Transportation Security Adminis- 7 tration staffing changes created at the primary 8 passenger screening checkpoints and baggage 9 screening as a result of the pilot program; and 10 (D) any other unintended consequences 11 12 created by the pilot program. (i) Except as otherwise provided in this section, noth- 13 ing in this section may be construed as affecting in any 14 manner the responsibilities, duties, or authorities of the 15 Transportation Security Administration. 16 (j) For the purposes of this section, the term '' air- 17 port" means a commercial service airport as defined by 18 section 4 7107(7) of title 49 United States Code. 19 (k) For the purposes of this section, the term 20 "screening services" means the screening of passengers, 21 flight crews, and their carry-on baggage and personal arti22 cles, and may include checked baggage screening if that 23 type of screening is performed at an offsite location that 24 is not part of a passenger terminal of a commercial air25 port. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 30 1 (1) For the purpose of this section, the term "primary 2 passenger terminal screening area" means the security 3 checkpoints relied upon by airports as the principal points 4 of entry to a sterile area of an airport. 5 SEC. 226. Not later than 90 days after the date of 6 enactment of this Act and weekly thereafter, the Director 7 of U.S. Immigration and Customs Enforcement shall sub8 mit to the Committees on Appropriations of the Senate 9 and the House of Representatives, and make available on 10 a publicly accessible website, a report detailing11 (1) data on aliens detained; including average 12 fiscal year to date daily populations of aliens de- 13 tained; daily counts of the number of aliens detained 14 as of the date of each report, total fiscal year-to-date 15 book-ins; and average lengths of stay of aliens de- 16 tained (including average post-determination length 17 of stay in the case of detainees described in subpara- 18 graph (B)) for- 19 (A) single adults and for members of fam- 20 ily units detained in the custody of U.S. Immi- 21 gration 22 disaggregated by whether the detainees were- 23 (i) transferred to the custody of U.S. 24 Immigration and Customs Enforcement by 25 U.S. Customs and Border Protection after February 13, 2019 (8:57 p.m.) and Customs Enforcement, SEN. APPRO. U:\2019CONF\DivA-DHS.xml 31 1 being deemed inadmissible at a port of 2 entry or after being apprehended within 14 3 days of entering the United States; or 4 (ii) arrested by U.S. Immigration and 5 Customs Enforcement; 6 (B) detainees in the custody of U.S. Immi- 7 gration and Customs Enforcement who are de- 8 termined to have a credible or reasonable fear 9 of- 10 (i) persecution, as defined in section 11 235(b)(l)(B)(v) of the Immigration and 12 Nationality Act; or 13 (ii) torture, as defined in section 14 208.30 of title 8, Code of Federal Regula- 15 tions (as in effect on January 1, 2018); 16 (C) detainees in the custody of U.S. Immi- 17 gration and Customs Enforcement who have 18 been issued a Notice to Appear pursuant to sec- 19 tion 239 of the Immigration and Nationality 20 Act, disaggregated by single adults and mem- 21 bers of family units; and 22 (2) the total number of enrollees in the Alter- 23 natives to Detention program and the average length 24 of participation, disaggregated by- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 32 1 2 3 4 (A) single adults and family heads of household; (B) participants m the family case management program; 5 (C) level of supervision; and 6 (D) the locations of supervision, by field 7 8 office. SEC. 227. None of the funds in this Act shall be used 9 to reduce the Coast Guard's Operations Systems Center 10 mission or its government-employed or contract staff lev11 els. 12 SEC. 228. None of the funds appropriated by this Act 13 may be used to conduct, or to implement the results of, 14 a competition under Office of Management and Budget 15 Circular A-76 for activities performed with respect to the 16 Coast Guard National Vessel Documentation Center. 17 SEC. 229. Funds made available in this Act may be 18 used to alter operations within the Civil Engineering Pro19 gram of the Coast Guard nationwide, including civil engi20 neering units, facilities design and construction centers, 21 maintenance and logistics commands, and the Coast 22 Guard Academy, except that none of the funds provided 23 in this Act may be used to reduce operations within any 24 civil engineering unit unless specifically authorized by a 25 statute enacted after the date of enactment of this Act. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 33 1 SEC. 230. (a) Of the total amount made available 2 under "U.S. Customs and Border Protection-Procure3 ment, Construction, and Improvements", $2,370,222,000 4 shall be available only as follows: 5 (1) $1,375,000,000 is for the construction of 6 primary pedestrian fencing, including levee pedes- 7 trian fencing, in the Rio Grande Valley Sector; 8 (2) $725,000,000 is for the acquisition and de- 9 ployment of border security technologies and trade 10 and travel assets and infrastructure, to include 11 $570,000,000 for non-intrusive inspection equipment 12 at ports of entry; and 13 (3) $270,222,000 is for construction and facil- 14 ity improvements, to include $222,000,000 for hu- 15 manitarian needs, $14,775,000 for Office of Field 16 Operations facilities, and $33,447,000 for Border 17 Patrol station facility improvements. 18 (b) The amounts designated in subsection (a)(l) shall 19 only be available for operationally effective designs de- 20 ployed as of the date of the Consolidated Appropriations 21 Act, 2017 (Public Law 115-31), such as currently de22 ployed steel bollard designs, that prioritize agent safety. 23 (c) Not later than 180 days after the date of the en- 24 actment of this Act, the Secretary of Homeland Security 25 shall submit to the Committee on Appropriations of the February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 34 1 Senate, the Committee on Appropriations of the House of 2 Representatives, and the Comptroller General of the 3 United States an updated risk-based plan for improving 4 security along the borders of the United States that in5 eludes the elements required under subsection (a) of sec6 tion 231 of division F of the Consolidated Appropriations 7 Act, 2018 (Public Law 115-141), which shall be evaluated 8 in accordance with subsection (b) of such section. 9 SEC. 231. None of the funds made available by this 10 Act or prior Acts are available for the construction of pe11 destrian fencing12 (1) within the Santa Ana Wildlife Refuge; 13 (2) within the Bentsen-Rio Grande Valley State 14 Park; 15 (3) within La Lomita Historical park; 16 (4) within the National Butterfly Center; or 17 (5) within or east of the Vista del Mar Ranch 18 tract of the Lower Rio Grande Valley National Wild- 19 life Refuge. 20 SEC. 232. (a) Prior to use of any funds made avail- 21 able by this Act for the construction of physical barriers 22 within the city limits of any city or census designated place 23 described in subsection (c), the Department of Homeland 24 Security and the local elected officials of such a city or 25 census designated place shall confer and seek to reach mu- February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 35 1 tual agreement regarding the design and alignment of 2 physical barriers within that city or the census designated 3 place (as the case may be). Such consultations shall con4 tinue until September 30, 2019 (or until agreement is 5 reached, if earlier) and may be extended beyond that date 6 by agreement of the parties, and no funds made available 7 in this Act shall be used for such construction while con8 sultations are continuing. 9 (b) Not later than July 1, 2019, the Secretary shall 10 issue notices for public comment regarding construction 11 of pedestrian fencing in the places identified in subsection 12 (c). The notices shall afford the public not less than 60 13 days to submit comments on the location of proposed fenc14 ing in the affected areas. Not later than 90 days following 15 the end of the comment period identified in this sub16 section, the Department shall publish in the Federal Reg- 17 ister its responses to the comments received along with 18 its plans for construction in the areas identified in the no19 tice to which it is responding. 20 (c) The cities and census designated place described 21 in this subsection are as follows: 22 (1) Roma, Texas. 23 (2) Rio Grande City, Texas. 24 (3) Escobares, Texas. 25 (4) La Grulla, Texas. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 36 1 2 February 13, 2019 (8:57 p.m.) (5) The census designated place of Salineno, Texas. SEN. APPRO. U:\2019CONF\DivA-DHS.xml 37 1 TITLE III 2 PROTECTION,PREPAREDNESS,RESPONSE,AND 3 RECOVERY 4 GYBERSECURITY AND INFRASTRUCTURE SECURITY 5 AGENCY 6 OPERATIONS AND SUPPORT 7 For necessary expenses of the Cybersecurity and In- 8 frastructure Security Agency for operations and support, 9 $1,345,802,000, of which $18,650,000 shall remain avail10 able until September 30, 2020: Provided, That not to ex11 ceed $3,825 shall be for official reception and representa- 12 tion expenses. 13 FEDERAL PROTECTIVE SERVICE 14 The revenues and collections of security fees credited 15 to this account shall be available until expended for nec16 essary expenses related to the protection of federally 17 owned and leased buildings and for the operations of the 18 Federal Protective Service. 19 PROCUREl\IEN'r, CONSTRUCTION, AND IMPROVEMENTS 20 For necessary expenses of the Cybersecurity and In- 21 frastructure Security Agency for procurement, construc22 tion, and improvements, $322,829,000, to remain avail23 able until September 30, 2021. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 38 1 RESEARCH AND DEVELOPMENT 2 For necessary expenses of the Cybersecurity and In- 3 frastructure Security Agency for research and develop4 ment, $13,126,000, to remain available until September 5 30, 2020. 6 FEDERAL El\IERGENCY MANAGEMENT AGENCY 7 OPERATIONS AND SUPPORT 8 For necessary expenses of the Federal Emergency 9 Management Agency for operations and support, 10 $1,066,258,000: Provided, That not to exceed $2,250 11 shall be for official reception and representation expenses. 12 PROCUREl\IENT, CONSTRUCTION, AND IMPROVEMENTS 13 For necessary expenses of the Federal Emergency 14 Management Agency for procurement, construction, and 15 improvements, $133,830,000, of which $61,834,000 .shall 16 remain available until September 30, 2021, and of which 17 $71,996,000 shall remain available until September 30, 18 2023. 19 20 FEDERAL ASSISTANCE For activities of the Federal Emergency Management 21 Agency for Federal assistance through grants, contracts, 22 cooperative agreements, and other activities, 23 $3,094,210,000, which shall be allocated as follows: 24 (1) $525,000,000 for the State Homeland Secu- 25 rity Grant Program under section 2004 of the February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 39 1 Homeland Security A.ct of 2002 (6 U.S.C. 605), of 2 which 3 Stonegarden, and $10,000,000 shall be for organiza- 4 tions (as described under section 501( c)(3) of the 5 Internal Revenue Code of 1986 and exempt from tax 6 under section 501(a) of such code) determined by 7 the Secretary of Homeland Security to be at high 8 risk of a terrorist attack: Provided, That notwith- 9 standing subsection (c)(4) of such section 2004, for 10 fiscal year 2019, the Commonwealth of Puerto Rico 11 shall make available to local and tribal governments 12 amounts provided to the Commonwealth of Puerto 13 Rico under this paragraph in accordance with sub- 14 section (c)(l) of such section 2004. $90,000,000 shall be for Operation 15 (2) $640,000,000 for the Urban Area Security 16 Initiative under section 2003 of the Homeland Secu- 17 rity A.ct 18 $50,000,000 shall be for organizations (as described 19 under section 501(c)(3) of the Internal Revenue 20 Code of 1986 and exempt from tax under section 21 501(a) of such code) determined by the Secretary of 22 Homeland Security to be at high risk of a terrorist 23 attack. of 2002 (6 U.S.C. 604), of which 24 (3) $100,000,000 for Public Transportation Se- 25 curity Assistance, Railroad Security Assistance, and February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 40 1 Over-the-Road Bus Security Assistance under sec- 2 tions 1406, 1513, and 1532 of the Implementing 3 Recommendations of the 9/11 Commission Act of 4 2007 (6 U.S.C. 1135, 1163, and 1182), of which 5 $10,000,000 shall be for Amtrak security and 6 $2,000,000 shall be for Over-the-Road Bus Security: 7 Provided, That such public transportation security 8 assistance shall be provided directly to public trans- 9 portation agencies. 10 ( 4) $100,000,000 for Port Security Grants in 11 accordance with section 70107 of title 46, United 12 States Code. 13 (5) $700,000,000, to remam available until 14 September 30, 2020, of which $350,000,000 shall be 15 for 16 $350,000,000 shall be for Staffing for Adequate 17 Fire and Emergency Response Grants under sec- 18 tions 33 and 34 respectively of the Federal Fire Pre- 19 vention and Control Act of 1974 (15 U.S.C. 2229 20 and 2229a). Assistance to Firefighter Grants and 21 (6) $350,000,000 for emergency management 22 performance grants under the National Flood Insur- 23 ance Act of 1968 (42 U.S.C. 4001 et seq.), the Rob- 24 ert T. Stafford Disaster Relief and Emergency As- 25 sistance Act (42 U.S.C. 5121), the Earthquake Raz- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 41 1 ards Reduction Act of 1977 (42 U.S.C. 7701), sec- 2 tion 762 of title 6, United States Code, and Reorga- 3 nization Plan No. 3 of 1978 (5 U.S.C. App.). 4 (7) $262,531,000 for necessary expenses for 5 Flood Hazard Mapping and Risk Analysis, in addi- 6 tion to and to supplement any other sums appro- 7 priated under the National Flood Insurance Fund, 8 and such additional sums as may be provided by 9 States or other political subdivisions for cost-shared 10 mapping activities under section 1360(f)(2) of the 11 National Flood Insurance Act of 1968 (42 U.S.C. 12 4101(f)(2) ), to remain available until expended. 13 14 (8) $10,000,000 for Regional Catastrophic Preparedness Grants. 15 (9) $10,000,000 for Rehabilitation of High 16 Hazard Potential Darns under section 8A of the Na- 17 tional Darn Safety Program Act (33 U.S.C. 467f-2). 18 (10) $120,000,000 for the emergency food and 19 shelter program under title III of the McKinney- 20 Vento Homeless Assistance Act (42 U.S.C. 11331), 21 to remain available until expended: Provided, rrhat 22 not to exceed 3. 5 percent shall be for total adrninis- 23 trative costs. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 42 1 (11) $276,679,000 to sustain current oper- 2 ations for training, exercises, technical assistance, 3 and other programs. 4 DISASTER RELIEF FUND 5 (INCLUDING TRANSFER OF FUNDS) 6 For necessary expenses in carrying out the Robert 7 T. Stafford Disaster Relief and Emergency Assistance Act 8 (42 U.S.C. 5121 et seq.), $12,558,000,000, to remain 9 available until expended, of which $3,000,000 may be 10 transferred to the Disaster Assistance Direct Loan Pro11 gram for administrative expenses to carry out the program 12 as authorized by section 417 of the Robert T. Stafford 13 Disaster Relief and Emergency Assistance Act (42 U.S.C. 14 5184): Provided, That of the amount provided under this 15 heading, $12,000,000,000 shall be for major disasters de16 clared pursuant to the Robert T. Stafford Disaster Relief 17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 18 and is designated by the Congress as being for disaster 19 relief pursuant to section 251(b)(2)(D) of the Balanced 20 Budget and Emergency Deficit Control Act of 1985: Pro21 vided further, That of the amounts set aside from funds 22 provided under this heading pursuant to subsection (i)(l) 23 of section 203 of the Robert T. Stafford Disaster Relief 24 and Emergency Assistance Act (42 U.S.C. 5133(i)(l)), 25 $250,000,000 shall be available to carry out activities for February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 43 1 the National Predisaster Mitigation Fund under that sec2 tion of that Act (as in effect on the day before the amend3 ments made by section 1234 of the Disaster Recovery Re4 form Act of 2018 (division D of Public Law 115-254) 5 took effect), in addition to any amounts otherwise made 6 available for such purpose by this or any other Act and 7 may be merged in this account for all purposes with funds 8 for the revised National Public Infrastructure Predisaster 9 Mitigation Assistance, as authorized by the amendments 10 made to section 203 of the Robert T. Stafford Disaster 11 Relief and Emergency Assistance Act (42 U.S.C. 5133) 12 by section 1234 of the Disaster Recovery Reform Act of 13 2018 (division D of Public Law 115-254), once that as14 sistance has been fully implemented: Provided further, 15 That $300,000,000 of the amounts provided under this 16 heading in this Act shall be derived from unobligated bal17 ances from prior year appropriations available under this 18 heading: Provided further, That none of the amounts de19 rived from unobligated balances in the previous proviso 20 shall be from amounts that were designated by the Con21 gress as being for an emergency requirement pursuant to 22 a Concurrent Resolution on the budget or section 23 25l(b)(2)(A)(i) of the Balanced Budget and Emergency 24 Deficit Control Act of 1985 or as being for disaster relief February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 44 1 pursuant to section 251(b)(2)(D) of the Balanced Budget 2 and Emergency Deficit Control Act of 1985. 3 4 NATIONAL FLOOD INSURANCE FUND For activities under the National Flood Insurance 5 Act of 1968 (42 U.S.C. 4001 et seq.), the Flood Disaster 6 Protection Act of 1973 (42 U.S.C. 4001 et seq.), the 7 Biggert-Waters Flood Insurance Reform Act of 2012 8 (Public Law 112-141, 126 Stat. 916), and the Home9 owner Flood Insurance Affordability Act of 2014 (Public 10 Law 113-89; 128 Stat. 1020), $202,153,000, to remain 11 available until September 30, 2020, which shall be derived 12 from offsetting amounts collected under section 1308(d) 13 of the National Flood Insurance Act of 1968 (42 U.S.C. 14 4015(d)); of which $13,858,000 shall be available for mis15 sion support associated with flood management; and of 16 which $188,295,000 shall be available for flood plain man17 agement and flood mapping: Provided, That any addi18 tional fees collected pursuant to section 1308( d) of the 19 National J11 lood Insurance Act of 1968 (42 U.S.C. 20 4015(d)) shall be credited as offsetting collections to this 21 account, to be available for flood plain management and 22 flood mapping: Provided further, That in fiscal year 2019, 23 no funds shall be available from the National Flood Insur24 ance Fund under section 1310 of the National Flood In25 surance Act of 1968 (42 U.S.C. 4017) in excess of- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 45 1 (1) $176,304,000 for operating expenses and 2 salaries and expenses associated with flood insurance 3 operations; 4 5 6 7 (2) $1,123,000,000 for commissions and taxes of agents; (3) such sums as are necessary for interest on Treasury borrowings; and 8 (4) $175,000,000, which shall remain available 9 until expended, for flood mitigation actions and for 10 flood mitigation assistance under section 1366 of the 11 National Flood Insurance Act of 1968 (42 U.S.C. 12 4104c), 13 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017): notwithstanding sections 1366( e) and 14 Providedfurther, That the amounts collected under section 15 102 of the Flood Disaster Protection Act of 1973 (42 16 U.S.C. 4012a) and section 1366(e) of the National Flood 17 Insurance Act of 1968 (42 U.S.C. 4104c(e)), shall be de18 posited in the National Flood Insurance Fund to supple19 ment other amounts specified as available for section 1366 20 of the National Flood Insurance Act of 1968, notwith21 standing section 102(f)(8), section 1366(e) of the National 22 Flood Insurance Act of 1968, and paragraphs (1) through 23 (3) of section 1367(b) of such Act (42 U.S.C. 4012a(f)(8), 24 4104c(e), 4104d(b)(l)-(3)): Provided further, That total 25 administrative costs shall not exceed 4 percent of the total February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 46 1 appropriation: Provided further, That up to $5,000,000 is 2 available to carry out section 24 of the Homeowner Flood 3 Insurance Affordability Act of 2014 (42 U.S.C. 4033). 4 5 ADMINISTRATIVE PROVISIONS SEC. 301. Not later than 180 days after the date of 6 enactment of this Act, the Federal Protective Service, in 7 conjunction with the Office of Management and Budget, 8 shall provide a report to the Committees on Appropria9 tions of the Senate and the House of Representatives pro10 viding no fewer than three options for a revised method 11 to assess and allocate costs for countermeasures. 12 SEC. 302. Notwithstanding section 2008(a)(l2) of 13 the Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) 14 or any other provision of law, not more than 5 percent 15 of the amount of a grant made available in paragraphs 16 (1) through (4) under "Federal Emergency Management 17 Agency-Federal Assistance", may be used by the grantee 18 for expenses directly related to administration of the 19 grant. 20 SEC. 303. Applications for grants under the heading 21 "Federal Emergency Management Agency-Federal As- 22 sistance", for paragraphs (1) through (4), shall be made 23 available to eligible applicants not later than 60 days after 24 the date of enactment of this Act, eligible applicants shall 25 submit applications not later than 80 days after the grant February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 47 1 announcement, and the Administrator of the Federal 2 Emergency Management Agency shall act within 65 days 3 after the receipt of an application. 4 SEC. 304. Under the heading "Federal Emergency 5 Management Agency-Federal Assistance", for grants 6 under paragraphs (1) through (4), (8), and (9), the Ad7 ministrator of the Federal Emergency Management Agen- 8 cy shall brief the Committees on Appropriations of the 9 Senate and the House of Representatives 5 full business 10 days in advance of announcing publicly the intention of 11 making an award. 12 SEC. 305. Under the heading "Federal Emergency 13 Management Agency-Federal Assistance", for grants 14 under paragraphs (1) and (2), the installation of commu15 nications towers is not considered construction of a build16 ing or other physical facility. 17 SEC. 306. The reporting requirements in paragraphs 18 (1) and (2) under the heading "Federal Emergency Man19 agement Agency-Disaster Relief Fund'' in the Depart20 ment of Homeland Security Appropriations Act, 2015 21 (Public Law 114-4) shall be applied in fiscal year 2019 22 with respect to budget year 2020 and current fiscal year 23 2019, respectively24 25 February 13, 2019 (8:57 p.m.) (1) in paragraph (1) by substituting "fiscal year 2020" for "fiscal year 2016"; and U:\2019CONF\DivA-DHS.xml SEN. APPRO. 48 1 (2) in paragraph (2) by inserting "business" 2 after "fifth". 3 SEC. 307. In making grants under the heading "Fire- 4 fighter Assistance Grants", the Secretary may grant waiv5 ers from the requirements in subsections (a)(l)(A), 6 (a)(l)(B), (a)(l)(E), (c)(l), (c)(2), and (c)(4) of section 7 34 of the Federal Fire Prevention and Control Act of 1974 8 (15 U.S.C. 2229a). 9 SEC. 308. The aggregate charges assessed during fis- 10 cal year 2019, as authorized in title III of the Depart- 11 ments of Veterans Affairs and Housing and Urban Devel12 opment, and Independent Agencies Appropriations Act, 13 1999 (42 U.S.C. 5196e), shall not be less than 100 per14 cent of the amounts anticipated by the Department of 15 Homeland Security to be necessary for its Radiological 16 Emergency Preparedness Program for the next fiscal year: 17 Provided, That the methodology for assessment and collec18 tion of fees shall be fair and equitable and shall reflect 19 costs of providing such services, including administrative 20 costs of collecting such fees: Provided further, That such 21 fees shall be deposited in a Radiological Emergency Pre- 22 paredness Program account as offsetting collections and 23 will become available for authorized purposes on October 24 1, 2019, and remain available until expended. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.x:ml SEN. APPRO. 49 1 SEC. 309. (a) The Federal share of assistance, in- 2 eluding direct Federal assistance, provided under sections 3 403 and 407 of the Robert T. Stafford Disaster Relief 4 and Emergency Assistance Act (42 U.S.C. 5170b and 42 5 U.S.C. 5173), with respect to a major disaster declared 6 pursuant to such Act for damages resulting from a wild7 fire in calendar year 2018, shall be not less than 90 per8 cent of the eligible costs under such section. 9 (b) The Federal share provided by subsection (a) 10 shall apply to assistance provided before, on, or after the 11 date of enactment of this Act. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.x:ml SEN. APPRO. 50 1 TITLE IV 2 RESEARCH, DEVELOPMENT, TRAINING, AND 3 SERVICES 4 U.S. CITIZENSHIP AL~D IMMIGRATION SERVICES 5 OPERATIONS .AND SUPPORT 6 For necessary expenses of U.S. Citizenship and Im- 7 migration Services for operations and support of the E8 Verify Program, $109,688,000. 9 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 10 For necessary expenses of U.S. Citizenship and Im- 11 migration Services for procurement, construction, and im12 provements of the E-Verify Program, $22,838,000, to re13 main available until September 30, 2021. 14 FEDERAL ASSISTANCE 15 For necessary expenses of U.S. Citizenship and Im- 16 migration Services for Federal assistance for the Citizen17 ship and Integration Grant Program, $10,000,000. 18 FEDERAL 19 20 LAW ENFORCEMENT 'I1RAINING CENTERS OPERATIONS AND SUPPORT .B'or necessary expenses of the Federal Law Enforce- 21 ment Training Centers for operations and support, includ22 ing the purchase of not to exceed 11 7 vehicles for police23 type use and hire of passenger motor vehicles, and services 24 as authorized by section 3109 of title 5, United States 25 Code, $277,876,000, of which $20,000,000 shall remain February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 51 1 available until September 30, 2020: Provided, That not 2 to exceed $7,180 shall be for official reception and rep3 resentation expenses. 4 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 5 For necessary expenses of the Federal Law Enforce- 6 ment Training Centers for procurement, construction, and 7 improvements, $50,943,000, to remain available until Sep8 tember 30, 2023. 9 SCIENCE .AND TECHNOLOGY DIRECTORATE 10 OPER.A._TIONS AND SUPPORT 11 :B-,or necessary expenses of the Science and Tech- 12 nology Directorate for operations and support, including 13 the purchase or lease of not to exceed 5 vehicles, 14 $308,520,000, of which $170,462,000 shall remain avail15 able until September 30, 2020: Provided, That not to ex16 ceed $10,000 shall be for official reception and representa17 tion expenses. 18 19 RESKIBCH AND DEVELOPMENT For necessary expenses of the Science and rrech- 20 nology Directorate for research and development, 21 $511,265,000, to remain available until September 30, 22 2021. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 52 1 COUNTERING WEAPONS OF MAss DESTRUCTION OFFICE 2 OPERATIONS AND SUPPORT 3 For necessary expenses of the Countering Weapons 4 of Mass Destruction Office for operations and support, 5 $187,095,000: Provided, That not to exceed $2,250 shall 6 be for official reception and representation expenses. 7 PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS 8 For necessary expenses of the Countering Weapons 9 of Mass Destruction Office for procurement, construction, 10 and improvements, $100,096,000, to remain available 11 until September 30, 2021. 12 13 RESE.ARCH At'{D DEVELOPMENT For necessary expenses of the Countering Weapons 14 of Mass Destruction Office for research and development, 15 $83,043,000, to remain available until September 30, 16 2021. 17 18 FEDERAL ASSISTANCE For necessary expenses of the Countering Wea pons 19 of Mass Destruction Office for Federal assistance through 20 grants, contracts, cooperative agreements, and other ac21 tivities, $64,663,000, to remain available until September 22 30, 2021. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 53 1 ADMINISTRATIVE PROVISIONS 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 401. Notwithstanding any other provision of 4 law, funds otherwise made available to U.S. Citizenship 5 and Immigration Services may be used to acquire, operate, 6 equip, and dispose of up to 5 vehicles, for replacement 7 only, for areas where the Administrator of General Serv- 8 ices does not provide vehicles for lease: Provided, That the 9 Director of U.S. Citizenship and Immigration Services 10 may authorize employees who are assigned to those areas 11 to use such vehicles to travel between the employees' resi12 dences and places of employment. 13 SEC. 402. None of the funds made available in this 14 Act may be used by U.S. Citizenship and Immigration 15 Services to grant an immigration benefit unless the results 16 of background checks required by law to be completed 17 prior to the granting of the benefit have been received by 18 U.S. Citizenship and Immigration Services, and the re19 sults do not preclude the granting of the benefit. 20 SEC. 403. None of the funds appropriated by this Act 21 may be used to process or approve a competition under 22 Office of Management and Budget Circular A-76 for serv23 ices provided by employees (including employees serving 24 on a temporary or term basis) of U.S. Citizenship and Im25 migration Services of the Department of Homeland Secu- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 54 1 rity who are known as Immigration Information Officers, 2 Immigration Service Analysts, Contact Representatives, 3 Investigative Assistants, or Immigration Services Officers. 4 SEC. 404. The Director of the Federal Law Enforce- 5 ment Training Centers is authorized to distribute funds 6 to Federal law enforcement agencies for expenses incurred 7 participating in training accreditation. 8 SEC. 405. The Federal Law Enforcement Training 9 Accreditation Board, including representatives from the 10 Federal law enforcement community and non-Federal ac11 creditation experts involved in law enforcement training, 12 shall lead the Federal law enforcement training accredita13 tion process to continue the implementation of measuring 14 and assessing the quality and effectiveness of Federal law 15 enforcement training progTams, facilities, and instructors. 16 SEC. 406. The Director of the Federal Law Enforce- 17 ment Training Centers may accept transfers to the ac18 count established by section 407(a) of division F of the 19 Consolidated Appropriations Act, 2018 (Public Law 11520 141) from Government agencies requesting the construc21 tion of special use facilities, as authorized by the Economy 22 Act (31 U.S.C. 1535(b)): Provided, That the Federal Law 23 Enforcement Training Centers maintain administrative 24 control and ownership upon completion of such facilities. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 55 1 SEC. 407. The functions of the Federal Law Enforce- 2 ment Training Centers instructor staff shall be classified 3 as inherently governmental for the purpose of the Federal 4 Activities Inventory Reform Act of 1998 (31 U.S.C. 501 5 note). 6 SEC. 408. The Secretary of Homeland Security may 7 transfer personnel and up to $15,000,000 in unexpended 8 balances of amounts made available to the Department of 9 Homeland Security under the heading "Science and Tech10 nology Directorate-Operations and Support" in division 11 F of the Consolidated Appropriations Act, 2018 (Public 12 Law 115-141) to the Department of Agriculture for the 13 purpose of contract and associated support of the oper14 ations of the National Bio and Agro-defense Facility: Pro- 15 vided, That the Secretary shall notify the Committees on 16 Appropriations of the Senate and the House of Represent17 atives at least 30 days in advance of such transfer. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.x:ml SEN. APPRO. 56 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING TRANSFERS .AND RESCISSIONS OF FUNDS) 4 SEC. 501. No part of any appropriation contained in 5 this Act shall remain available for obligation beyond the 6 current fiscal year unless expressly so provided herein. 7 SEC. 502. Subject to the requirements of section 503 8 of this Act, the unexpended balances of prior appropria9 tions provided for activities in this Act may be transferred 10 to appropriation accounts for such activities established 11 pursuant to this Act, may be merged with funds in the 12 applicable established accounts, and thereafter may be ac13 counted for as one fund for the same time period as origi14 nally enacted. 15 SEC. 503. (a) None of the funds provided by this Act, 16 provided by previous appropriations Acts to the compo17 nents in or transferred to the Department of Homeland 18 Security that remain available for obligation or expendi19 ture in fiscal year 2019, or provided from any accounts 20 in the Treasury of the United States derived by the collec21 tion of fees available to the components funded by this 22 Act, shall be available for obligation or expenditure 23 through a reprogramming of funds that24 (1) creates or eliminates a program, project, or 25 activity, or increases funds for any program, project, February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 57 1 or activity for which funds have been denied or re- 2 stricted by the Congress; 3 (2) contracts out any function or activity pres- 4 ently performed by Federal employees or any new 5 function or activity proposed to be performed by 6 Federal employees in the President's budget pro- 7 posal for fiscal year 2019 for the Department of 8 Homeland Security; 9 ( 3) augments funding for existing programs, 10 projects, or activities in excess of $5,000,000 or 10 11 percent, whichever is less; 12 (4) reduces funding for any program, project, 13 or activity, or numbers of personnel, by 10 percent 14 or more; or 15 (5) results from any general savings from a re- 16 duction in personnel that would result in a change 17 in funding levels for programs, projects, or activities 18 as approved by the Congress. 19 (b) Subsection (a) shall not apply if the Committees 20 on Appropriations of the Senate and the House of Rep21 resentatives are notified at least 15 days in advance of 22 such reprogramming. 23 (c) Up to 5 percent of any appropriation made avail- 24 able for the current fiscal year for the Department of 25 Homeland Security by this Act or provided by previous February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 58 1 appropriations Acts may be transferred between such ap- 2 propriations if the Committees on Appropriations of the 3 Senate and the House of Representatives are notified at 4 least 30 days in advance of such transfer, but no such 5 appropriation, except as otherwise specifically provided, 6 shall be increased by more than 10 percent by such trans7 fer. 8 (d) Notwithstanding subsections (a), (b), and (c), no 9 funds shall be reprogrammed within or transferred be10 tween appropriations based upon an initial notification 11 provided after June 30, except m extraordinary cir- 12 cumstances that imminently threaten the safety of human 13 life or the protection of property. 14 (e) The notification thresholds and procedures set 15 forth in subsections (a), (b), (c), and (d) shall apply to 16 any use of deobligated balances of funds provided in pre17 vious Department of Homeland Security Appropriations 18 Acts that remain available for obligation in the current 19 year. 20 (f) Notwithstanding subsection (c), the Secretary of 21 Homeland Security may transfer to the fund established 22 by 8 U.S.C. 1101 note, up to $20,000,000 from appro23 priations available to the Department of Homeland Secu24 rity: Provided, That the Secretary shall notify the Com25 mittees on Appropriations of the Senate and the House February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xm1 SEN. APPRO. 59 1 of Representatives at least 5 days m advance of such 2 transfer. 3 SEC. 504. Section 504 of the Department of Home- 4 land Security Appropriations A.ct, 2017 (division F of 5 Public Law 115-31), related to the operations of a work6 ing capital fund, shall apply with respect to funds made 7 available in this A.ct in the same manner as such section 8 applied to funds made available in that A.ct. 9 SEC. 505. Except as otherwise specifically provided 10 by law, not to exceed 50 percent of unobligated balances 11 remaining available at the end of fiscal year 2019, as re12 corded in the financial records at the time of a reprogram13 ming notification, but not later than June 30, 2020, from 14 appropriations for "Operations and Support" for fiscal 15 year 2019 in this Act shall remain available through Sep16 tember 30, 2020, in the account and for the purposes for 17 which the appropriations were provided: Provided, That 18 prior to the obligation of such funds, a notification shall 19 be submitted to the Committees on Appropriations of the 20 Senate and the House of Representatives in accordance 21 with section 503 of this A.ct. 22 SEC. 506. Funds made available by this A.ct for intel- 23 ligence activities are deemed to be specifically authorized 24 by the Congress for purposes of section 504 of the Na25 tional Security A.ct of 1947 (50 U.S.C. 414) during fiscal February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 60 1 year 2019 until the enactment of an Act authorizing intel2 ligence activities for fiscal year 2019. 3 SEC. 507. (a) The Secretary of Homeland Security, 4 or the designee of the Secretary, shall notify the Commit- 5 tees on Appropriations of the Senate and the House of 6 Representatives at least 3 full business days in advance 7 of- 8 (1) making or awarding a grant allocation, 9 grant, contract, other transaction agreement, or task 10 or delivery order on a Department of Homeland Se- 11 curity multiple award contract, or to issue a letter 12 of intent totaling in excess of $1,000,000; 13 (2) awarding a task or delivery order requiring 14 an obligation of funds in an amount greater than 15 $10,000,000 from multi-year Department of Home- 16 land Security funds; 17 ( 3) making a sole-source grant award; or 18 (4) announcing publicly the intention to make 19 or award items under paragraph (1), (2), or (3), in- 20 eluding a contract covered by the Federal Acquisi- 21 tion Regulation. 22 (b) If the Secretary of Homeland Security determines 23 that compliance with this section would pose a substantial 24 risk to human life, health, or safety, an award may be 25 made without notification, and the Secretary shall notify February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 61 1 the Committees on Appropriations of the Senate and the 2 House of Representatives not later than 5 full business 3 days after such an award is made or letter issued. 4 5 6 (c) A notification under this section(1) may not involve funds that are not available for obligation; and 7 (2) shall include the amount of the award; the 8 fiscal year for which the funds for the award were 9 appropriated; the type of contract; and the account 10 from which the funds are being drawn. 11 SEC. 508. Notwithstanding any other provis10n of 12 law, no agency shall purchase, construct, or lease any ad13 ditional facilities, except within or contiguous to existing 14 locations, to be used for the purpose of conducting Federal 15 law enforcement training without advance notification to 16 the Committees on Appropriations of the Senate and the 17 House of Representatives, except that the Federal Law 18 Enforcement Training Centers is authorized to obtain the 19 temporary use of additional facilities by lease, contract, 20 or other agreement for training that cannot be accommo21 dated in existing Centers facilities. 22 SEC. 509. None of the funds appropriated or other- 23 wise made available by this Act may be used for expenses 24 for any construction, repair, alteration, or acquisition 25 project for which a prospectus otherwise required under February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 62 1 chapter 33 of title 40, United States Code, has not been 2 approved, except that necessary funds may be expended 3 for each project for required expenses for the development 4 of a proposed prospectus. 5 SEC. 510. Sections 520, 522, and 530 of the Depart- 6 ment of Homeland Security Appropriations Act, 2008 (di7 vision E of Public Law 110-161; 121 Stat. 2073 and 8 207 4) shall apply with respect to funds made available in 9 this Act in the same manner as such sections applied to 10 funds made available in that Act. 11 SEC. 511. None of the funds made available in this 12 Act may be used in contravention of the applicable provi13 sions of the Buy American Act: Provided, That for pur14 poses of the preceding sentence, the term ''Buy American 15 Act" means chapter 83 of title 41, United States Code. 16 SEC. 512. None of the funds made available in this 17 Act may be used to amend the oath of allegiance required 18 by section 337 of the Immigration and Nationality Act 19 (8 U.S.C. 1448). 20 SEC. 513. None of the funds provided or otherwise 21 made available in this Act shall be available to carry out 22 section 872 of the Homeland Security Act of 2002 (6 23 U.S.C. 452) unless explicitly authorized by the Congress. February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 63 1 SEC. 514. None of the funds made available in this 2 Act may be used for planning, testing, piloting, or devel3 oping a national identification card. 4 SEC. 515. Any official that is required by this Act 5 to report or to certify to the Committees on Appropria6 tions of the Senate and the House of Representatives may 7 not delegate such authority to perform that act unless spe8 cifically authorized herein. 9 SEC. 516. None of the funds appropriated or other- 10 wise made available in this or any other Act may be used 11 to transfer, release, or assist in the transfer or release to 12 or within the United States, its territories, or possessions 13 Khalid Sheikh Mohammed or any other detainee who14 15 (1) is not a United States citizen or a member of the Armed Forces of the United States; and 16 (2) is or was held on or after June 24, 2009, 17 at the United States Naval Station, Guantanamo 18 Bay, Cuba, by the Department of Defense. 19 SEC. 517. None of the funds made available in this 20 Act may be used for first-class travel by the employees 21 of agencies funded by this Act in contravention of sections 22 301-10.122 through 301-10.124 of title 41, Code of Fed23 eral Regulations. 24 SEC. 518. None of the funds made available in this 25 Act may be used to employ workers described in section February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 64 1 274A(h)(3) of the Immigration and Nationality Act (8 2 U.S.C. 1324a(h)(3)). 3 SEC. 519. Notwithstanding any other provis10n of 4 this Act, none of the funds appropriated or otherwise 5 made available by this Act may be used to pay award or 6 incentive fees for contractor performance that has been 7 judged to be below satisfactory performance or perform- 8 ance that does not meet the basic requirements of a con9 tract. 10 SEC. 520. None of the funds appropriated or other- 11 wise made available by this Act may be used by the De12 partment of Homeland Security to enter into any Federal 13 contract unless such contract is entered into in accordance 14 with the requirements of subtitle I of title 41, United 15 States Code, or chapter 137 of title 10, United States 16 Code, and the Federal Acquisition Regulation, unless such 17 contract is otherwise authorized by statute to be entered 18 into without regard to the above referenced statutes. 19 SEC. 521. (a) :B..,or an additional amount for financial 20 systems modernization, $51,000,000, to remain available 21 until September 30, 2020. 22 (b) Funds made available in subsection (a) for finan- 23 cial systems modernization may be transferred by the Sec24 retary of Homeland Security between appropriations for 25 the same purpose, notwithstanding section 503 of this Act. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 65 1 (c) No transfer described in subsection (b) shall occur 2 until 15 days after the Committees on Appropriations of 3 the Senate and the House of Representatives are notified 4 of such transfer. 5 SEC. 522. (a) The funds appropriated to the Depart- 6 ment of Homeland Security in this Act for "Operations 7 and Support" shall be hereby reduced, as determined by 8 the Chief Financial Officer, by a total of $12,000,000 to 9 realize administrative savings, including savings from rel O quirements, supplies, or materials that were funded by the 11 Department using fiscal year 2018 appropriations for con12 tracts with periods of performance in fiscal year 2019. 13 (b) Funds may only be reduced for the respective ap- 14 propriations from amounts identified in the budget appen15 dix, as modified by the report accompanying this Act, by 16 object classes 25.1, 25.2, 25.3, and 26.2. 17 (c) No funds may be reduced from amounts provided 18 under the following headings and activities: 19 20 21 22 ( 1) '' Cybersecurity and Infrastructure Security Agency-Operations and Support"; (2) "Coast Guard-Operations and Support" for defense-related activities; and 23 (3) "Federal Emergency Management Agen- 24 cy-Operations and Support" for National Con- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 66 1 tinuity Programs in the Preparedness and Protec- 2 tion program, project, and activity. 3 (d) No amounts may be reduced from amounts that 4 were designated by the Congress for Overseas Contingency 5 Operations/Global War on Terrorism or as an emergency 6 requirement pursuant to a concurrent resolution on the 7 budget or section 25l(b)(2)(A) of the Balanced Budget 8 and Emergency Deficit Control Act of 1985 or from 9 amounts that were designated by the Congress as being 10 for disaster relief pursuant to section 251(b)(2)(D) of the 11 Balanced Budget and Emergency Deficit Control Act of 12 1985. 13 (e) The Secretary shall submit a notification to the 14 Committees on Appropriations of the Senate and the 15 House of Representatives specifying the account and 16 amount of each reduction made pursuant to this section. 17 SEC. 523. (a) None of the funds made available in 18 this Act may be used to maintain or establish a computer 19 network unless such network blocks the viewmg, 20 downloading, and exchanging of pornography. 21 (b) Nothing in subsection (a) shall limit the use of 22 funds necessary for any Federal, State, tribal, or local law 23 enforcement agency or any other entity carrying out crimi24 nal investigations, prosecution, or adjudication activities. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 67 1 SEC. 524. None of the funds made available in this 2 Act may be used by a Federal law enforcement officer to 3 facilitate the transfer of an operable firearm to an indi4 vidual if the Federal law enforcement officer knows or sus- 5 pects that the individual is an agent of a drug cartel unless 6 law enforcement personnel of the United States continu- 7 ously monitor or control the firearm at all times. 8 SEC. 525. None of the funds made available in this 9 Act may be used to pay for the travel to or attendance 10 of more than 50 employees of a single component of the 11 Department of Homeland Security, who are stationed in 12 the United States, at a single international conference un13 less the Secretary of Homeland Security, or a designee, 14 determines that such attendance is in the national interest 15 and notifies the Committees on Appropriations of the Sen16 ate and the House of Representatives within at least 10 17 days of that determination and the basis for that deter18 ruination: Provided, That for purposes of this section the 19 term "international conference" shall mean a conference 20 occurring outside of the United States attended by rep21 resentatives of the United States Government and of for22 eign governments, international organizations, or non23 governmental organizations: Provided further, That the 24 total cost to the Department of Homeland Security of any 25 such conference shall not exceed $500,000. February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 68 1 SEC. 526. None of the funds made available in this 2 Act may be used to reimburse any Federal department 3 or agency for its participation in a National Special Secu4 rity Event. 5 SEC. 527. None of the funds made available to the 6 Department of Homeland Security by this or any other 7 Act may be obligated for any structural pay reform that 8 affects more than 100 full-time positions or costs more 9 than $5,000,000 in a single year before the end of the 10 30-day period beginning on the date on which the Sec11 retary of Homeland Security submits to Congress a notifi- 12 cation that includes13 14 (1) the number of full-time positions affected by such change; 15 (2) funding required for such change for the 16 current year and through the Future Years Home- 17 land Security Program; 18 (3) justification for such change; and 19 (4) an analysis of compensation alternatives to 20 such change that were considered by the Depart- 21 ment. 22 SEC. 528. (a) Any agency receiving funds made avail- 23 able in this Act shall, subject to subsections (b) and (c), 24 post on the public website of that agency any report re25 quired to be submitted by the Committees on Appropria- February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 69 1 tions of the Senate and the House of Representatives in 2 this Act, upon the determination by the head of the agency 3 that it shall serve the national interest. 4 (b) Subsection (a) shall not apply to a report if- 5 (1) the public posting of the report com- 6 promises homeland or national security; or 7 (2) the report contains proprietary information. 8 (c) The head of the agency posting such report shall 9 do so only after such report has been made available to 10 the Committees on Appropriations of the Senate and the 11 House of Representatives for not less than 45 days except 12 as otherwise specified in law. 13 SEC. 529. (a) Funding provided in this Act for "Op- 14 erations and Support" may be used for minor procure- 15 ment, construction, and improvements. 16 (b) For purposes of subsection (a), "minor" refers 17 to end items with a unit cost of $250,000 or less for per18 sonal property, and $2,000,000 or less for real property. 19 SEC. 530. The authority provided by section 532 of 20 the Department of Homeland Security Appropriations 21 Act, 2018 (Public Law 115-141) regarding primary and 22 secondary schooling of dependents shall continue in effect 23 during fiscal year 2019. 24 SEC. 531. (a) For an additional amount for "Federal 25 Emergency Management Agency-Federal Assistance", February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivA-DHS.xml 70 1 $41,000,000, to remain available until September 30, 2 2020, exclusively for providing reimbursement of extraor3 dinary law enforcement personnel costs for protection ac4 tivities directly and demonstrably associated with any resi5 dence of the President that is designated or identified to 6 be secured by the United States Secret Service. 7 (b) Subsections (b) through (f) of section 534 of the 8 Department of Homeland Security Appropriations Act, f' 9 2018 (Public Law 115-141), shall be applied with respect 10 to amounts made available by subsection (a) of this section 11 by substituting "October 1, 2019" for "October 1, 2018" 12 and "October 1, 2018" for "October 1, 2017". 13 SEC. 532. None of the funds made available by this 14 Act may be used to prevent a Member of Congress from 15 entering, for the purpose of conducting oversight, any fa16 cility operated by or for the Department of Homeland Se17 curity used to detain or otherwise house alien minors, or 18 to make any temporary modification at any such facility 19 that in any way alters what is observed by a visiting Mem20 ber of Congress, compared to what would be observed in 21 the absence of such modification. 22 SEC. 533. (a) Except as provided in subsection (b), 23 none of the funds made available in this Act may be used 24 to place restraints on a woman in the custody of the De25 partment of Homeland Security (including during trans- February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 71 1 port, in a detention facility, or at an outside medical facil- 2 ity) who is pregnant or in post-delivery recuperation. 3 (b) Subsection (a) shall not apply with respect to a 4 pregnant woman if5 (1) an appropriate official of the Department of 6 Homeland Security makes an individualized deter- 7 mination that the woman- 8 9 (A) is a serious flight risk, and such risk cannot be prevented by other means; or 10 (B) poses an immediate and serious threat 11 to harm herself or others that cannot be pre- 12 vented by other means; or 13 (2) a medical professional responsible for the 14 care of the pregnant woman determines that the use 15 of therapeutic restraints is appropriate for the med- 16 ical safety of the woman. 17 (c) If a pregnant woman is restrained pursuant to 18 subsection (b), only the safest and least restrictive re19 straints, as determined by the appropriate medical profes- 20 sional treating the woman, may be used. In no case may 21 restraints be used on a woman who is in active labor or 22 delivery, and in no case may a pregnant woman be re23 strained in a face-down position with four-point restraints, 24 on her back, or in a restraint belt that constricts the area 25 of the pregnancy. A pregnant woman who is immobilized February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 72 1 by restraints shall be positioned, to the maximum extent 2 feasible, on her left side. 3 SEC. 534. None of the funds made available by this 4 Act may be used to destroy any document, recording, or 5 other record pertaining to any potential sexual assault or 6 abuse perpetrated against any individual held in the cus7 tody of the Department of Homeland Security. 8 SEC. 535. Section 513 of division F of Public Law 9 114-113, regarding a prohibition on funding for any posi10 tion designated as a Principal Federal Official, shall apply 11 with respect to funds made available in this Act in the 12 same manner as such section applied to funds made avail13 able in that Act. 14 SEC. 536. None of the funds made available by this 15 Act may be obligated or expended to implement the Arms 16 Trade Treaty until the Senate approves a resolution of 17 ratification for the Treaty. 18 SEC. 537. Within 60 days of any budget submission 19 for the Department of Homeland Security for fiscal year 20 2020 that assumes revenues or proposes a reduction from 21 the previous year based on user fees proposals that have 22 not been enacted into law prior to the submission of the 23 budget, the Secretary of Homeland Security shall provide 24 the Committees on Appropriations of the Senate and the 25 House of Representatives specific reductions in proposed February 13, 2019 (8:57 p.m.) U:\2019CONF\DivA-DHS.xml SEN. APPRO. 73 1 discretionary budget authority commensurate with the 2 revenues assumed in such proposals in the event that they 3 are not enacted prior to October 1, 2019. 4 5 (RESCISSIONS) SEC. 538. The following unobligated balances made 6 available to the Department of Homeland Security pursu- 7 ant to section 505 of the Department of Homeland Secu- 8 rity Appropriations Act, 2018 (Public Law 115-141) are 9 rescinded: 10 11 12 13 (1) $169,000 from "Office of the Secretary and Executive Management-Operations and Support"; (2) $328,000 from "Management DirectorateOperations and Support"; 14 (3) $366,000 from "Intelligence, Analysis, and 15 Operations Coordination-Operations and Support''; 16 (4) $427,000 from "U.S. Customs and Border 17 18 19 20 21 22 23 24 25 February 13, 2019 (8:57 p.m.) Protection-Operations and Support"; (5) $30,000 from "Coast Guard-Operating Expenses"; (6) $1,040,000 from "Coast Guard-Acquisition, Construction, and Improvements"; (7) $5,166,000 from "United States Secret Service-Operations and Support"; (8) $1,589,000 from "National Protection and Programs Directorate-Operations and Support"; SEN. APPRO. U:\2019CONF\DivA-DHS.xml 74 1 2 (9) $362,000 from "Office of Health AffairsOperations and Support"; 3 4 (10) $362,000 from "Federal Emergency Management Agency-Operations and Support"; 5 6 (11) $206,000 from "U.S. Citizenship and Immigration Services-Operations and Support"; 7 8 (12) $63,000 from "Science and Technology Directorate-Operations and Support"; and 9 10 (13) $437,000 from "Domestic Nuclear Detection Office-Operations and Support". 11 12 (RESCISSIONS) SEC. 539. Of the funds appropriated to the Depart- 13 ment of Homeland Security, the following funds are here14 by rescinded from the following accounts and programs 15 in the specified amounts: Provided, That no amounts may 16 be rescinded from amounts that were designated by the 17 Congress as an emergency requirement pursuant to a con18 current resolution on the budget or the Balanced Budget 19 and Emergency Deficit Control Act of 1985 (Public Law 20 99-177): 21 (1) $33,870,000 from Public Law 115-141 22 under the heading "Transportation Security Admin- 23 istration-Operations and Support". February 13, 2019 (8:57 p.m.) U :\2019CONF\DivA-DHS.xml SEN. APPRO. 75 1 (2) $17,045,000 from Public Law 115-31 2 under the heading "Coast Guard-Research, Devel- 3 opment, Test, and Evaluation". 4 (3) $17,200,000 from Public Law 115-141 5 under the heading "Domestic Nuclear Detection Of- 6 fice-Federal Assistance''. 7 (4) $7,400,000 from Public Law 114-4 under 8 the heading "Coast Guard-Acquisition, Construc- 9 tion, and Improvements". 10 (5) $5,200,000 from Public Law 114-113 11 under the heading "Coast Guard-Acquisition, Con- 12 struction, and Improvements". 13 (RESCISSION) 14 SEC. 540. From the unobligated balances available 15 in the Department of the Treasury Forfeiture Fund estab16 lished by section 9703 of title 31, United States Code 17 (added by section 638 of Public Law 102-393), 18 $200,000,000 shall be permanently rescinded not later 19 than September 30, 2019. 20 This division may be cited as the "Department of 21 Homeland Security Appropriations Act, 2019". February 13, 2019 (8:57 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 1 DIVISION B-AGRICULTURE, RURAL DE2 VELOPMENT, FOOD AND DRUG ADMIN- 3 ISTRATION, AND RELATED AGENCIES 4 APPROPRIATIONS ACT, 2019 5 TITLE I 6 AGRICULTURAL PROGRAMS 7 PROCESSING, RESEARCH, AND MARKETING 8 OFFICE OF THE SECRETARY 9 (INCLUDING TRANSFERS OF FUNDS) 10 For necessary expenses of the Office of the Secretary, 11 $46,603,000, of which not to exceed $5,051,000 shall be 12 available for the immediate Office of the Secretary; not 13 to exceed $800,000 shall be available for the Office of the 14 Assistant to the Secretary for Rural Development: Pro15 vided, That funds made available by this Act to an agency 16 in the Rural Development mission area for salaries and 17 expenses are available to fund up to one administrative 18 support staff for the Office; not to exceed $1,496,000 shall 19 be available for the Office of Homeland Security; not to 20 exceed $4,711,000 shall be available for the Office of Part21 nerships and Public Engagement; not to exceed 22 $23,176,000 shall be available for the Office of the Assist23 ant Secretary for Administration, of which $22,301,000 24 shall be available for Departmental Administration to proFebruary 12, 2019 (5:15 p.m.) XUO)( SEN. APPRO. U:\2019CONF\DivB-Ag.xml 2 1 vide for necessary expenses for management support serv2 ices to offices of the Department and for general adminis3 tration, security, repairs and alterations, and other mis4 cellaneous supplies and expenses not otherwise provided 5 for and necessary for the practical and efficient work of 6 the Department: Provided further, That funds made avail7 able by this Act to an agency in the Administration mis8 sion area for salaries and expenses are available to fund 9 up to one administrative support staff for the Office; not 10 to exceed $3,869,000 shall be available for the Office of 11 Assistant Secretary for Congressional Relations to carry 12 out the programs funded by this Act, including programs 13 involving intergovernmental affairs and liaison within the 14 executive branch; and not to exceed $7,500,000 shall be 15 available for the Office of Communications: Provided fur16 ther, That the Secretary of Agriculture is authorized to 17 transfer funds appropriated for any office of the Office 18 of the Secretary to any other office of the Office of the 19 Secretary: Provided further, That no appropriation for any 20 office shall be increased or decreased by more than 5 per21 cent: Provided further, That not to exceed $22,000 of the 22 amount made available under this paragraph for the im23 mediate Office of the Secretary shall be available for offi24 cial reception and representation expenses, not otherwise 25 provided for, as determined by the Secretary: Provided February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 3 1 further, That the amount made available under this head2 ing for Departmental Administration shall be reimbursed 3 from applicable appropriations in this Act for travel ex4 penses incident to the holding of hearings as required by 5 5 U.S.C. 551-558: Provided further, That funds made 6 available under this heading for the Office of the Assistant 7 Secretary for Congressional Relations may be transferred 8 to agencies of the Department of Agriculture funded by 9 this Act to maintain personnel at the agency level: Pro10 vided further, That no funds made available under this 11 heading for the Office of Assistant Secretary for Congres12 sional Relations may be obligated after 30 days from the 13 date of enactment of this Act, unless the Secretary has 14 notified the Committees on Appropriations of both Houses 15 of Congress on the allocation of these funds by USDA 16 agency. 17 EXECUTIVE OPERATIONS 18 OFFICE OF THE CHIEF ECONOMIST 19 For necessary expenses of the Office of the Chief 20 Economist, $21,286,000, of which $5,000,000 shall be for 21 grants or cooperative agreements for policy research under 22 7 U.S.C. 3155. 23 24 OFFICE OF HEARINGS AND APPEALS For necessary expenses of the Office of Hearings and 25 Appeals, $15,222,000. February 12, 2019 (5:15 p.m.) U :\2019CONF\DivB-Ag.xml SEN. APPRO. 4 1 OFFICE OF BUDGET AND PROGRAM ANALYSIS 2 For necessary expenses of the Office of Budget and 3 Program Analysis, $9,525,000. 4 OFFICE OF THE CHIEF INFORMATION OFFICER 5 For necessary expenses of the Office of the Chief In- 6 formation Officer, $55,630,000, of which not less than 7 $38,000,000 is for cybersecurity requirements of the de8 partment. 9 OFFICE OF THE CHIEF FIN.A,.N"CLUJ OFFICER For necessary expenses of the Office of the Chief Fi- 10 l I nancial Officer, $6,028,000. 12 OFFICE OF THE ASSISTANT SECRET.ARY FOR CIVIL 13 RIGHTS 14 For necessary expenses of the Office of the Assistant 15 Secretary for Civil Rights, $901,000: Provided, That 16 funds made available by this Act to an agency in the Civil 17 Rights mission area for salaries and expenses are available 18 to fund up to one administrative support staff for the Of19 fice. 20 21 OFFICE OF CIVIL RIGHTS ]-,or necessary expenses of the Office of Civil Rights, 22 $24,206,000. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 5 1 AGRICUL'l'URE BUILDINGS AND FACILITIES 2 (INCLUDING TRANSFERS OF FUNDS) 3 For payment of space rental and related costs pursu- 4 ant to Public Law 92-313, including authorities pursuant 5 to the 1984 delegation of authority from the Adminis6 trator of General Services to the Department of Agri7 culture under 40 U.S.C. 121, for programs and activities 8 of the Department which are included in this Act, and for 9 alterations and other actions needed for the Department 10 and its agencies to consolidate unneeded space into con- 11 figurations suitable for release to the Administrator of 12 General Services, and for the operation, maintenance, im- 13 provement, and repair of Agriculture buildings and facili14 ties, and for related costs, $59,967,000, to remain avail15 able until expended. 16 HAzARDOUS MATERIALS MANAGEMENT 17 (INCLUDING TRANSFERS OF FUNDS) 18 For necessary expenses of the Department of Agri- 19 culture, to comply with the Comprehensive Environmental 20 Response, Compensation, and Liability Act (42 U.S.C. 21 9601 et seq.) and the Solid Waste Disposal Act (42 U.S.C. 22 6901 et seq.), $3,503,000, to remain available until ex23 pended: Provided, That appropriations and funds available 24 herein to the Department for Hazardous Materials Man25 agement may be transferred to any agency of the Depart- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 6 1 ment for its use in meeting all requirements pursuant to 2 the above Acts on Federal and non-Federal lands. 3 4 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 5 General, including employment pursuant to the Inspector 6 General Act of 1978 (Public Law 95-452; 5 U.S.C. App.), 7 $98,208,000, including such sums as may be necessary for 8 contracting and other arrangements with public agencies 9 and private persons pursuant to section 6(a)(9) of the In10 spector General Act of 1978 (Public Law 95-452; 5 11 U.S.C. App.), and including not to exceed $125,000 for 12 certain confidential operational expenses, including the 13 payment of informants, to be expended under the direction 14 of the Inspector General pursuant to the Inspector Gen- 15 eral Act of 1978 (Public Law 95-452; 5 U.S.C. App.) and 16 section 13 3 7 of the Agriculture and Food Act of 19 81 17 (Public Law 97-98). 18 19 OFFICE OF THE GENERAL COUNSEL For necessary expenses of the Office of the General 20 Counsel, $45,146,000. 21 22 OFFICE OF ETHICS For necessary expenses of the Office of Ethics, 23 $4,136,000. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 7 1 OFFICE OF THE UNDER SECRETARY FOR RESEARCH, 2 EDUCATION, AND ECONOl\IICS 3 For necessary expenses of the Office of the Under 4 Secretary for Research, Education, and Economics, 5 $800,000: Provided, That funds made available by this 6 Act to an agency in the Research, Education, and Eco- 7 nomics mission area for salaries and expenses are avail8 able to fund up to one administrative support staff for 9 the Office. 10 11 ECONOMIC RESEARCH SERVICE For necessary expenses of the Economic Research 12 Service, $86,757,000. 13 NATIONAL AGRICULTURAL STATISTICS SERVICE 14 For necessary expenses of the National Agricultural 15 Statistics Service, $174,517,000, of which up to 16 $45,300,000 shall be available until expended for the Cen17 sus of Agriculture: Provided, That amounts made available 18 for the Census of Agriculture may be used to conduct Cur19 rent Industrial Report surveys subject to 7 U.S.C. 20 2204g( d) and (f). 21 AGRICULTURAL RESEARCH SERVICE 22 SALARIES AND EXPENSES 23 For necessary expenses of the Agricultural Research 24 Service and for acquisition of lands by donation, exchange, 25 or purchase at a nominal cost not to exceed $100, and February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.x:m1 8 1 for land exchanges where the lands exchanged shall be of 2 equal value or shall be equalized by a payment of money 3 to the grantor which shall not exceed 25 percent of the 4 total value of the land or interests transferred out of Fed5 eral ownership, $1,303,266,000, of which $10,600,000, to 6 remain available until expended, shall be used to carry out 7 the science program at the National Bio- and Agro-de8 fense Facility located in Manhattan, Kansas: Provided, 9 That appropriations hereunder shall be available for the 10 operation and maintenance of aircraft and the purchase 11 of not to exceed one for replacement only: Provided furl 2 ther, That appropriations hereunder shall be available pur13 suant to 7 U.S.C. 2250 for the construction, alteration, 14 and repair of buildings and improvements, but unless oth15 erwise provided, the cost of constructing any one building 16 shall not exceed $500,000, except for headhouses or green17 houses which shall each be limited to $1,800,000, except 18 for 10 buildings to be constructed or improved at a cost 19 not to exceed $1,100,000 each, and except for two build20 ings to be constructed at a cost not to exceed $3,000,000 21 each, and the cost of altering any one building during the 22 fiscal year shall not exceed 10 percent of the current re23 placement value of the building or $500,000, whichever 24 is greater: Provided further, That appropriations here25 under shall be available for entering into lease agreements February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 9 1 at any Agricultural Research Service location for the con2 struction of a research facility by a non-Federal entity for 3 use by the Agricultural Research Service and a condition 4 of the lease shall be that any facility shall be owned, oper- 5 ated, and maintained by the non-Federal entity and shall 6 be removed upon the expiration or termination of the lease 7 agreement: Provided further, That the limitations on alter8 ations contained in this Act shall not apply to moderniza- 9 tion or replacement of existing facilities at Beltsville, 10 Maryland: Provided further, That appropriations here11 under shall be available for granting easements at the 12 Beltsville Agricultural Research Center: Provided further, 13 That the foregoing limitations shall not apply to replace14 ment of buildings needed to carry out the Act of April 15 24, 1948 (21 U.S.C. 113a): Provided further, That appro16 priations hereunder shall be available for granting ease17 ments at any Agricultural Research Service location for 18 the construction of a research facility by a non-Federal 19 entity for use by, and acceptable to, the Agricultural Re- 20 search Service and a condition of the easements shall be 21 that upon completion the facility shall be accepted by the 22 Secretary, subject to the availability of funds herein, if the 23 Secretary finds that acceptance of the facility is in the 24 interest of the United States: Provided further, That funds 25 may be received from any State, other political subdivi- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 10 1 sion, organization, or individual for the purpose of estab2 lishing or operating any research facility or research 3 project of the Agricultural Research Service, as authorized 4 by law. 5 BUILDINGS AND FACILITIES 6 For the acquisition of land, construction, repair, im- 7 provement, extension, alteration, and purchase of fixed 8 equipment or facilities as necessary to carry out the agri9 cultural research programs of the Department of Agri10 culture, where not otherwise provided, $381,200,000 to re- 11 main available until expended, of which $247,700,000 12 shall be allocated for ARS facilities co-located with univer13 sity partners. 14 NATIONAL INSTITUTE OF FOOD AND AGRICULTURE 15 RESEARCH .A..i~D EDUCATION ACTIVITIES 16 For payments to agricultural experiment stations, for 17 cooperative forestry and other research, for facilities, and 18 for other expenses, $927,649,000, which shall be for the 19 purposes, and in the amounts, specified in the table titled 20 "National Institute of Food and Agriculture, Research 21 and Education Activities" in the joint explanatory state22 ment accompanying this Act: Provided, That funds for re23 search grants for 1994 institutions, education grants for 24 1890 institutions, capacity building for non-land-grant 25 colleges of agriculture, the agriculture and food research February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 11 1 initiative, veterinary medicine loan repayment, multicul2 tural scholars, graduate fellowship and institution chal3 lenge grants, and grants management systems shall re4 main available until expended: Provided further, That each 5 institution eligible to receive funds under the Evans-Allen 6 program receives no less than $1,000,000: Provided fur- 7 ther, That funds for education grants for Alaska Native 8 and Native Hawaiian-serving institutions be made avail9 able to individual eligible institutions or consortia of eligi10 ble institutions with funds awarded equally to each of the 11 States of Alaska and Hawaii: Provided further, That funds 12 for education grants for 1890 institutions shall be made 13 available to institutions eligible to receive funds under 7 14 U.S.C. 3221 and 3222: Provided further, That not more 15 than 5 percent of the amounts made available by this or 16 any other Act to carry out the Agriculture and Food Re17 search Initiative under 7 U.S.C. 450i(b) may be retained 18 by the Secretary of Agriculture to pay administrative costs 19 incurred by the Secretary in carrying out that authority. 20 NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND 21 For the Native American Institutions Endowment 22 Fund authorized by Public Law 103-382 (7 U.S.C. 301 23 note), $11,880,000, to remain available until expended. February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 12 1 2 EXTENSION ACTIYITIES For payments to States, the District of Columbia, 3 Puerto Rico, Guam, the Virgin Islands, Micronesia, the 4 Northern Marianas, and American Samoa, $505,692,000, 5 which shall be for the purposes, and in the amounts, speci6 fied in the table titled "National Institute of Food and 7 Agriculture, Extension Activities" in the joint explanatory 8 statement accompanying this Act: Provided, That funds 9 for facility improvements at 1890 institutions shall remain 10 available until expended: Provided further, That institu11 tions eligible to receive funds under 7 U.S.C. 3221 for co12 operative extension receive no less than $1,000,000: Pro13 vided further, That funds for cooperative extension under 14 sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 15 343(b) and (c)) and section 208(c) of Public Law 93-471 16 shall be available for retirement and employees' compensa17 tion costs for extension agents. 18 19 INTEGRATED ACTIVITIES For the integrated research, education, and extension 20 grants programs, including necessary administrative ex21 penses, $38,000,000, which shall be for the purposes, and 22 in the amounts, specified in the table titled "National In23 stitute of Food and Agriculture, Integrated Activities" in 24 the joint explanatory statement accompanying this Act: 25 Provided, That funds for the Food and Agriculture De- February 12, 2019 (5:15 p.m.) U:\2019CONI<~\DivB-Ag.xml SEN. APPRO. 13 1 fense Initiative shall remain available until September 30, 2 2020: Provided further, That notwithstanding any other 3 provision of law, indirect costs shall not be charged 4 against any Extension Implementation Program Area 5 grant awarded under the Crop Protection/Pest Manage6 ment Program (7 U.S.C. 7626). 7 OFFICE OF THE UNDER SECRETARY FOR MARKETING 8 AND REGULATORY PROGRAl\IS 9 For necessary expenses of the Office of the Under 10 Secretary for Marketing and Regulatory Programs, 11 $901,000: Provided, That funds made available by this 12 Act to an agency in the Marketing and Regulatory Pro13 grams mission area for salaries and expenses are available 14 to fund up to one administrative support staff for the Of15 fice. 16 ANIMAL AND PLANT HEALTH INSPECTION SERVICE 17 SALARIES AND EXPENSES 18 (INCLUDING TRANSFERS OF FUNDS) 19 For necessary expenses of the Animal and Plant 20 Health Inspection Service, including up to $30,000 for 21 representation allowances and for expenses pursuant to 22 the Foreign Service Act of 1980 (22 U.S.C. 4085), 23 $1,011,136,000, of which $470,000, to remain available 24 until expended, shall be available for the control of out25 breaks of insects, plant diseases, animal diseases and for February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 14 1 control of pest animals and birds ("contingency fund") to 2 the extent necessary to meet emergency conditions; of 3 which $11,520,000, to remain available until expended, 4 shall be used for the cotton pests program for cost share 5 purposes or for debt retirement for active eradication 6 zones; of which $37,857,000, to remain available until ex7 pended, shall be for Animal Health Technical Services; of 8 which $705,000 shall be for activities under the authority 9 of the Horse Protection Act of 1970, as amended (15 10 U.S.C. 1831); of which $62,840,000, to remain available 11 until expended, shall be used to support avian health; of 12 which $4,251,000, to remain available until expended, 13 shall be for information technology infrastructure; of 14 which $186,013,000, to remain available until expended, 15 shall be for specialty crop pests; of which, $11,826,000, 16 to remain available until expended, shall be for field crop 17 and rangeland ecosystem pests; of which $16,523,000, to 18 remain available until expended, shall be for zoonotic dis19 ease management; of which $40,966,000, to remain avail20 able until expended, shall be for emergency preparedness 21 and response; of which $60,000,000, to remain available 22 until expended, shall be for tree and wood pests; of which 23 $5,725,000, to remain available until expended, shall be 24 for the National Veterinary Stockpile; of which up to 25 $1,500,000, to remain available until expended, shall be February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 15 1 for the scrapie program for indemnities; of which 2 $2,500,000, to remain available until expended, shall be 3 for the wildlife damage management program for aviation 4 safety: Provided, That of amounts available under this 5 heading for wildlife services methods development, 6 $1,000,000 shall remain available until expended: Pro7 vided further, That of amounts available under this head8 ing for the screwworm program, $4,990,000 shall remain 9 available until expended; of which $13,600,000, to remain 10 available until expended, shall be used to carry out the 11 science program at the National Bio- and Agro-defense 12 Facility located in Manhattan, Kansas: Provided further, 13 That no funds shall be used to formulate or administer 14 a brucellosis eradication program for the current fiscal 15 year that does not require minimum matching by the 16 States of at least 40 percent: Provided further, That this 17 appropriation shall be available for the operation and 18 maintenance of aircraft and the purchase of not to exceed 19 five, of which two shall be for replacement only: Provided 20 further, That in addition, in emergencies which threaten 21 any segment of the agricultural production industry of the 22 United States, the Secretary may transfer from other ap23 propriations or funds available to the agencies or corpora24 tions of the Department such sums as may be deemed nec25 essary, to be available only in such emergencies for the February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CONF\DivB-Ag.xml 16 1 arrest and eradication of contagious or infectious disease 2 or pests of animals, poultry, or plants, and for expenses 3 in accordance with sections 10411 and 10417 of the Ani4 mal Health Protection Act (7 U.S.C. 8310 and 8316) and 5 sections 431 and 442 of the Plant Protection Act (7 6 U.S.C. 7751 and 7772), and any unexpended balances of 7 funds transferred for such emergency purposes in the pre- 8 ceding fiscal year shall be merged with such transferred 9 amounts: Provided further, That appropriations hereunder 10 shall be available pursuant to law (7 U.S.C. 2250) for the 11 repair and alteration of leased buildings and improve12 ments, but unless otherwise provided the cost of altering 13 any one building during the fiscal year shall not exceed 14 10 percent of the current replacement value of the build15 mg. 16 In fiscal year 2019, the agency is authorized to collect 17 fees to cover the total costs of providing technical assist18 ance, goods, or services requested by States, other political 19 subdivisions, domestic and international organizations, 20 foreign governments, or individuals, provided that such 21 fees are structured such that any entity's liability for such 22 fees is reasonably based on the technical assistance, goods, 23 or services provided to the entity by the agency, and such 24 fees shall be reimbursed to this account, to remain avail- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 17 1 able until expended, without further appropriation, for 2 providing such assistance, goods, or services. 3 4 BUILDINGS .AND FACILITIES For plans, construction, repair, preventive mainte- 5 nance, environmental support, improvement, extension, al6 teration, and purchase of fixed equipment or facilities, as 7 authorized by 7 U.S.C. 2250, and acquisition of land as 8 authorized by 7 U.S.C. 428a, $3,175,000, to remain avail9 able until expended. 10 AGRICULTURAL MARKETING SERVICE 11 MARKETING SERVICES 12 For necessary expenses of the Agricultural Marketing 13 Service, $159,095,000, of which $4,000,000 shall be avail14 able for the purposes of section 12306 of Public Law 11315 79; and of which $1,500,000 shall be available for mar16 keting activities authorized under section 204(b) of the 17 Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)) 18 to provide to State departments of agriculture, State coop19 erative extension services, institutions of higher education, 20 and nonprofit organizations grants to carry out programs 21 and provide technical assistance to promote innovation, 22 process improvement, and marketing relating to dairy 23 products: Provided, That this appropriation shall be avail24 able pursuant to law (7 U.S.C. 2250) for the alteration 25 and repair of buildings and improvements, but the cost February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 18 1 of altering any one building during the fiscal year shall 2 not exceed 10 percent of the current replacement value 3 of the building. Fees may be collected for the cost of standardization 4 5 activities, as established by regulation pursuant to law (31 6 U.S.C. 9701). 7 LIMITATION ON ADMINISTRATIVE EXPENSES 8 Not to exceed $61,227,000 (from fees collected) shall 9 be obligated during the current fiscal year for administra10 tive expenses: Provided, That if crop size is understated 11 and/or other uncontrollable events occur, the agency may 12 exceed this limitation by up to 10 percent with notification 13 to the Committees on Appropriations of both Houses of 14 Congress. 15 FUNDS FOR STRENGTHENING MARKETS, INCOME, AND 16 SUPPLY (SECTION 32) 17 (INCLUDING TRANSFERS OF FUNDS) 18 Funds available under section 32 of the Act of Au- 19 gust 24, 1935 (7 U.S.C. 612c), shall be used only for com20 modity program expenses as authorized therein, and other 21 related operating expenses, except for: (1) transfers to the 22 Department of Commerce as authorized by the Fish and 23 Wildlife Act of 1956 (16 U.S.C. 742a et seq.); (2) trans24 fers otherwise provided in this Act; and (3) not more than 25 $20,705,000 for formulation and administration of mar- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 19 1 keting agreements and orders pursuant to the Agricultural 2 Marketing Agreement Act of 1937 and the Agricultural 3 Act of 1961 (Public Law 87-128). 4 PAYMENTS TO STATES AND POSSESSIONS 5 For payments to departments of agriculture, bureaus 6 and departments of markets, and similar agencies for 7 marketing activities under section 204(b) of the Agricul8 tural Marketing Act of 1946 (7 U.S.C. 1623(b)), 9 $1,235,000. 10 LIMITATION ON INSPECTION AND . WEIGHING SERVICES 11 EXPENSES 12 Not to exceed $55,000,000 (from fees collected) shall 13 be obligated during the current fiscal year for inspection 14 and weighing services: Provided, That if grain export ac- 15 tivities require additional supervision and oversight, or 16 other uncontrollable factors occur, this limitation may be 17 exceeded by up to 10 percent with notification to the Com18 mittees on Appropriations of both Houses of Congress. 19 OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY 20 For necessary expenses of the Office of the Under 21 Secretary for Food Safety, $800,000: Provided, That 22 funds made available by this Act to an agency in the Food 23 Safety mission area for salaries and expenses are available 24 to fund up to one administrative support staff for the Of25 fice. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 20 1 2 FOOD SAFETY AND INSPEC'l'ION SERVICE For necessary expenses to carry out services author- 3 ized by the Federal Meat Inspection Act, the Poultry 4 Products Inspection Act, and the Egg Products Inspection 5 Act, including not to exceed $10,000 for representation 6 allowances and for expenses pursuant to section 8 of the 7 Act approved August 3, 1956 (7 U.S.C. 1766), 8 $1,049,344,000; and in addition, $1,000,000 may be cred9 ited to this account from fees collected for the cost of lab10 oratory accreditation as authorized by section 1327 of the 11 Food, Agriculture, Conservation and Trade Act of 1990 12 (7 U.S.C. 138f): Provided, That funds provided for the 13 Public Health Data Communication Infrastructure system 14 shall remain available until expended: Provided further, 15 That no fewer than 148 full-time equivalent positions shall 16 be employed during fiscal year 2019 for purposes dedi17 cated solely to inspections and enforcement related to the 18 Humane Methods of Slaughter Act (7 U.S.C. 1901 et 19 seq.): Provided further, That the Food Safety and Inspec20 tion Service shall continue implementation of section 21 11016 of Public Law 110-246 as further clarified by the 22 amendments made in section 12106 of Public Law 11323 79: Provided further, That this appropriation shall be 24 available pursuant to law (7 U.S.C. 2250) for the alter25 ation and repair of buildings and improvements, but the February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 21 1 cost of altering any one building during the fiscal year 2 shall not exceed 10 percent of the current replacement 3 value of the building. February 12, 2019 (5:15 p.m.) U :\2019CO NF\DivB-Ag.xml SEN. APPRO. 22 1 TITLE II 2 FARM PRODUCTION AND CONSERVATION 3 PROGRAMS 4 OFFICE OF THE UNDER SECRETARY FOR FARM 5 PRODUCTION AND CONSERVATION 6 For necessary expenses of the Office of the Under 7 Secretary for Farm Production and Conservation, 8 $901,000: Provided, That funds made available by this 9 Act to an agency in the Farm Production and Conserva10 tion mission area for salaries and expenses are available 11 to fund up to one administrative support staff for the Of12 fice. 13 FARM PRODUCTION AND CONSERVATION BUSINESS 14 CENTER 15 SALARIES .AND EXPENSES 16 (INCLUDING TRANSFERS OF FUNDS) 17 For necessary expenses of the Farm Production and 18 Conservation Business Center, $216,350,000: Provided, 19 That $60,228,000 of amounts appropriated for the cur20 rent fiscal year pursuant to section 1241(a) of the Farm 21 Security and Rural Investment Act of 1985 (16 U.S.C. 22 3841(a)) shall be transferred to and merged with this ac23 count. February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xrnl SEN. APPRO. 23 1 FARM SERVICE AGENCY 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFERS OF FUNDS) 4 For necessary expenses of the Farm Service Agency, 5 $1,081,655,000, of which not less than $20,000,000 shall 6 be for the hiring of new employees to fill vacancies at 7 Farm Service Agency county offices and farm loan officers 8 and shall be available until September 30, 2020: Provided, 9 That not more than 50 percent of the funding made avail- 10 able under this heading for information technology related 11 to farm program delivery may be obligated until the Sec12 retary submits to the Committees on Appropriations of 13 both Houses of Congress, and receives written or elec14 tronic notification of receipt from such Committees of, a 15 plan for expenditure that (1) identifies for each project/ 16 investment over $25,000 (a) the functional and perform17 ance capabilities to be delivered and the mission benefits 18 to be realized, (b) the estimated lifecycle cost for the en19 tirety of the project/investment, including estimates for 20 development as well as maintenance and operations, and 21 (c) key milestones to be met; (2) demonstrates that each 22 project/investment is, (a) consistent with the Farm Service 23 Agency Information Technology Roadmap, (b) being man24 aged in accordance with applicable lifecycle management 25 policies and guidance, and (c) subject to the applicable De- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 24 1 partment' s capital planning and investment control re2 quirements; and (3) has been reviewed by the Government 3 Accountability Office and approved by the Committees on 4 Appropriations of both Houses of Congress: Provided fur- 5 ther, That the agency shall submit a report by the end 6 of the fourth quarter of fiscal year 2019 to the Commit7 tees on Appropriations and the Government Accountability 8 Office, that identifies for each project/investment that is 9 operational (a) current performance against key indicators 10 of customer satisfaction, (b) current performance of serv- 11 ice level agreements or other technical metrics, (c) current 12 performance against a pre-established cost baseline, (d) a 13 detailed breakdown of current and planned spending on 14 operational enhancements or upgrades, and (e) an assess15 ment of whether the investment continues to meet busi16 ness needs as intended as well as alternatives to the invest17 ment: Provided further, That the Secretary is authorized 18 to use the services, facilities, and authorities (but not the 19 funds) of the Commodity Credit Corporation to make pro- 20 gram payments for all programs administered by the 21 Agency: Provided further, That other funds made available 22 to the Agency for authorized activities may be advanced 23 to and merged with this account: Provided further, That 24 funds made available to county committees shall remain 25 available until expended: Provided further, That none of February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 25 1 the funds available to the Farm Service Agency shall be 2 used to close Farm Service Agency county offices: Pro3 vided further, That none of the funds available to the 4 Farm Service Agency shall be used to permanently relo- 5 cate county based employees that would result in an office 6 with two or fewer employees without prior notification and 7 approval of the Committees on Appropriations of both 8 Houses of Congress. 9 STATE l\IEDL~TION GRANTS For grants pursuant to section 502(b) of the Agricul- 10 11 tural Credit Act of 1987, as amended (7 U.S.C. 510112 5106), $3,904,000. 13 GRASSROOTS SOURCE WATER PROTECTION PROGRAM 14 For necessary expenses to carry out wellhead or 15 groundwater protection activities under section 12400 of 16 the Food Security Act of 1985 (16 U.S.C. 3839bb-2), 17 $6,500,000, to remain available until expended. 18 DAIRY INDEl\INITY PROGRAM 19 (INCLUDING TRANSFER OF FUNDS) 20 For necessary expenses involved in making indemnity 21 payments to dairy farmers and manufacturers of dairy 22 products under a dairy indemnity program, such sums as 23 may be necessary, to remain available until expended: Pro24 vided, That such program is carried out by the Secretary 25 in the same manner as the dairy indemnity program de- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 26 1 scribed in the Agriculture, Rural Development, Food and 2 Drug Administration, and Related Agencies Appropria3 tions Act, 2001 (Public Law 106-387, 114 Stat. 1549A4 12). 5 AGRICULTURAL CREDIT INSURANCE FUND PROGRAM 6 ACCOUNT 7 (INCLUDING TRANSFERS OF FUNDS) 8 For gross obligations for the principal amount of di- 9 rect and guaranteed farm ownership (7 U.S.C. 1922 et 10 seq.) and operating (7 U.S.C. 1941 et seq.) loans, emer11 gency loans (7 U.S.C. 1961 et seq.), Indian tribe land ac12 quisition loans (25 U.S.C. 488), boll weevil loans (7 13 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 14 1924 et seq.), and Indian highly fractionated land loans 15 (25 U.S.C. 488) to be available from funds in the Agricul16 tural Credit Insurance Fund, as follows: $2,750,000,000 17 for guaranteed farm ownership loans and $1,500,000,000 18 for farm ownership direct loans; $1,960,000,000 for un19 subsidized guaranteed operating loans and 20 $1,530,000,000 for direct operating loans; emergency 21 loans, $37,668,000; Indian tribe land acquisition loans, 22 $20,000,000; guaranteed conservation loans, 23 $150,000,000; Indian highly fractionated land loans, 24 $10,000,000; and for boll weevil eradication program 25 loans, $30,000,000: Provided, That the Secretary shall February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 27 1 deem the pink bollworm to be a boll weevil for the purpose 2 of boll weevil eradication program loans. 3 For the cost of direct and guaranteed loans and 4 grants, including the cost of modifying loans as defined 5 in section 502 of the Congressional Budget Act of 1974, 6 as follows: farm operating loans, $59,670,000 for direct 7 operating loans, $21,168,000 for unsubsidized guaranteed 8 operating loans, $1,567,000 emergency loans, and 9 $2,134,000 for Indian highly fractionated land loans to 10 remain available until expended. 11 In addition, for administrative expenses necessary to 12 carry out the direct and guaranteed loan programs, 13 $317,068,000: Provided, That of this amount, 14 $290,917,000 shall be transferred to and merged with the 15 appropriation for "Farm Service Agency, Salaries and Ex16 penses": Provided further, That of this amount 17 $16,081,000 shall be transferred to and merged with the 18 appropriation for "Farm Production and Conservation 19 Business Center, Salaries and Expenses". 20 Funds appropriated by this Act to the Agricultural 21 Credit Insurance Program Account for farm ownership, 22 operating and conservation direct loans and guaranteed 23 loans may be transferred among these programs: Pro24 vided, That the Committees on Appropriations of both February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 28 1 Houses of Congress are notified at least 15 days in ad2 vance of any transfer. 3 RISK MA1~AGEMENT AGENCY 4 SALARIES AND EXPENSES 5 For necessary expenses of the Risk Management 6 Agency, $58,361,000: Provided, That not to exceed 7 $1,000 shall be available for official reception and rep8 resentation expenses, as authorized by 7 U.S.C. 1506(i). 9 NATURAL RESOURCES CONSERVATION SERVICE 10 CONSERVATION OPERATIONS 11 For necessary expenses for carrying out the proVI- 12 sions of the Act of April 27, 1935 (16 U.S.C. 590a-f), 13 including preparation of conservation plans and establish14 ment of measures to conserve soil and water (including 15 farm irrigation and land drainage and such special meas16 ures for soil and water management as may be necessary 17 to prevent floods and the siltation of reservoirs and to con18 trol agricultural related pollutants); operation of conserva19 tion plant materials centers; classification and mapping of 20 soil; dissemination of information; acquisition of lands, 21 water, and interests therein for use in the plant materials 22 program by donation, exchange, or purchase at a nominal 23 cost not to exceed $100 pursuant to the Act of August 24 3, 1956 (7 U.S.C. 428a); purchase and erection or alter25 ation or improvement of permanent and temporary build- February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CO NF\DivB-Ag.xml 29 1 mgs; and operation and maintenance of aircraft, 2 $819,492,000, to remain available until September 30, 3 2020: Provided, That appropriations hereunder shall be 4 available pursuant to 7 U.S.C. 2250 for construction and 5 improvement of buildings and public improvements at 6 plant materials centers, except that the cost of alterations 7 and improvements to other buildings and other public im8 provements shall not exceed $250,000: Provided further, 9 That when buildings or other structures are erected on 10 non-Federal land, that the right to use such land is ob- 11 tained as provided in 7 U.S.C. 2250a: Provided further, 12 That of the amounts made available under this heading, 13 $5,600,000, shall remain available until expended for the 14 authorities under 16 U.S.C. 1001-1005 and 1007-1009 15 for authorized ongoing watershed projects with a primary 16 purpose of providing water to rural communities. 17 WATERSHED AND FLOOD PREVENTION OPERATIONS 18 For necessary expenses to carry out preventive meas- 19 ures, including but not limited to surveys and investiga20 tions, engineering operations, works of improvement, and 21 changes in use of land, in accordance with the Watershed 22 Protection and Flood Prevention Act (16 U.S.C. 100123 1005 and 1007-1009) and in accordance with the provi24 sions of laws relating to the activities of the Department, 25 $150,000,000, to remain available until expended: Pro- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 30 l vided, That for funds provided by this Act or any other 2 prior Act, the limitation regarding the size of the water3 shed or subwatershed exceeding tw_o hundred and fifty 4 thousand acres in which such activities can be undertaken 5 shall only apply for activities undertaken for the primary 6 purpose of flood prevention (including structural and land 7 treatment measures): Provided further, That of the 8 amounts made available under this heading, $50,000,000 9 shall be allocated to projects and activities that can com10 mence promptly following enactment; that address re11 gional priorities for flood prevention, agricultural water 12 management, inefficient irrigation systems, fish and wild13 life habitat, or watershed protection; or that address au14 thorized ongoing projects under the authorities of section 15 13 of the Flood Control Act of December 22, 1944 (Public 16 Law 78-534) with a primary purpose of watershed protec17 tion by preventing floodwater damage and stabilizing 18 stream channels, tributaries, and banks to reduce erosion 19 and sediment transport. 20 21 WATERSHED REHABILITATION PROGRAM Under the authorities of section 14 of the Watershed 22 Protection and Flood Prevention Act, $10,000,000 is pro23 vided: Provided, That of the amounts made available 24 under this heading, $5,000,000 shall remain available 25 until expended for watershed rehabilitation projects in February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 31 1 states with high-hazard dams and other watershed struc2 tures and that have recently incurred flooding events 3 which caused fatalities. 4 5 CORPORATIONS The following corporations and agencies are hereby 6 authorized to make expenditures, within the limits of 7 funds and borrowing authority available to each such cor8 poration or agency and in accord with law, and to make 9 contracts and commitments without regard to fiscal year 10 limitations as provided by section 104 of the Government 11 Corporation Control Act as may be necessary in carrying 12 out the programs set forth in the budget for the current 13 fiscal year for such corporation or agency, except as here14 inafter provided. 15 16 FEDERAL CROP INSURANCE CORPORATION FUND For payments as authorized by section 516 of the 17 Federal Crop Insurance Act (7 U.S.C. 1516), such sums 18 as may be necessary, to remain available until expended. 19 COMMODITY CREDIT CORPORATION FUND 20 REIMBURSEMENT FOR NET REALIZED LOSSES 21 (INCLUDING TRANSFERS OF FUNDS) 22 For the current fiscal year, such sums as may be nec- 23 essary to reimburse the Commodity Credit Corporation for 24 net realized losses sustained, but not previously reim25 bursed, pursuant to section 2 of the Act of August 1 7, February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 32 J 1961 (15 U.S.C. 713a-ll): Provided, That of the funds 2 available to the Commodity Credit Corporation under sec3 tion 11 of the Commodity Credit Corporation Charter Act 4 (15 U.S.C. 714i) for the conduct of its business with the 5 Foreign Agricultural Service, up to $5,000,000 may be 6 transferred to and used by the Foreign Agricultural Serv7 ice for information resource management activities of the 8 Foreign Agricultural Service that are not related to Com9 modity Credit Corporation business. 10 HAZARDOUS WASTE MANAGEMENT 11 (LIMITATION ON EXPENSES) 12 For the current fiscal year, the Commodity Credit 13 Corporation shall not expend more than $5,000,000 for 14 site investigation and cleanup expenses, and operations 15 and maintenance expenses to comply with the requirement 16 of section 107(g) of the Comprehensive Environmental 17 Response, Compensation, and Liability Act (42 U.S.C. 18 9607(g)), and section 6001 of the Solid Waste Disposal 19 Act (42 U.S.C. 6961). February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 33 1 TITLE III 2 RURAL DEVELOPMENT PROGRAMS 3. RURAL DEVELOPMENT 4 SALARIES AND EXPENSES 5 (INCLUDING TRANSFERS OF FUNDS) 6 For necessary expenses for carrying out the adminis- 7 tration and implementation of Rural Development pro- 8 grams, including activities with institutions concerning the 9 development and operation of agricultural cooperatives; 10 and for cooperative agreements; $236,835,000: Provided, 11 That no less than $6,000,000 shall be for information 12 technology investments: Provided further, That notwith13 standing any other provision of law, funds appropriated 14 under this heading may be used for advertising and pro15 motional activities that support Rural Development pro16 grams: Provided further, That in addition to any other 17 funds appropriated for purposes authorized by section 18 502(i) of the Housing Act of 1949 (42 U.S.C. 14 72(i) ), 19 any amounts collected under such section, as amended by 20 this Act, will immediately be credited to this account and 21 will remain available until expended for such purposes. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 34 1 RURAL HOUSING SERVICE 2 RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT 3 (INCLUDING TRANSFERS OF FUNDS) 4 For gross obligations for the principal amount of di- 5 rect and guaranteed loans as authorized by title V of the 6 Housing Act of 1949, to be available from funds in the 7 rural housing insurance fund, as follows: $1,000,000,000 8 shall be for direct loans and $24,000,000,000 shall be for 9 unsubsidized guaranteed loans; $28,000,000 for section 10 504 housing repair loans; $40,000,000 for section 515 11 rental housing; $230,000,000 for section 538 guaranteed 12 multi-family housing loans; $10,000,000 for credit sales 13 of single family housing acquired property; $5,000,000 for 14 section 523 self-help housing land development loans; and 15 $5,000,000 for section 524 site development loans. 16 For the cost of direct and guaranteed loans, including 17 the cost of modifying loans, as defined in section 502 of 18 the Congressional Budget Act of 1974, as follows: section 19 502 loans, $67,700,000 shall be for direct loans; section 20 504 housing repair loans, $3,419,000; section 523 self- 21 help housing land development loans, $431,000; section 22 524 site development loans, $176,000; and repair, reha23 bilitation, and new construction of section 515 rental 24 housing, $9,484,000: Provided, That to support the loan 25 program level for section 538 guaranteed loans made February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 35 1 available under this heading the Secretary may charge or 2 adjust any fees to cover the projected cost of such loan 3 guarantees pursuant to the provisions of the Credit Re4 form Act of 1990 (2 U.S.C. 661 et seq.), and the interest 5 on such loans may not be subsidized: Provided further, 6 That applicants in communities that have a current rural 7 area waiver under section 541 of the Housing Act of 1949 8 (42 U.S.C. 1490q) shall be treated as living in a rural 9 area for purposes of section 502 guaranteed loans pro- 10 vided under this heading: Provided further, That of the 11 amounts available under this paragraph for section 502 12 direct loans, no less than $5,000,000 shall be available for 13 direct loans for individuals whose homes will be built pur14 suant to a program funded with a mutual and self-help 15 housing grant authorized by section 523 of the Housing 16 Act of 1949 until June 1, 2019: Provided further, That 17 the Secretary shall implement provisions to provide incen- 18 tives to nonprofit organizations and public housing au19 thorities to facilitate the acquisition of Rural Housing 20 Service (RHS) multifamily housing properties by such 21 nonprofit organizations and public housing authorities 22 that commit to keep such properties in the RHS multi23 family housing program for a period of time as determined 24 by the Secretary, with such incentives to include, but not 25 be limited to, the following: allow such nonprofit entities February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 36 1 and public housing authorities to earn a Return on Invest2 ment on their own resources to include proceeds from low 3 income housing tax credit syndication, own contributions, 4 grants, and developer loans at favorable rates and terms, 5 invested in a deal; and allow reimbursement of organiza6 tional costs associated with owner's oversight of asset re- 7 ferred to as "Asset Management Fee" of up to $7,500 8 per property. 9 In addition, for the cost of direct loans, grants, and 10 contracts, as authorized by sections 514 and 516 of the 11 Housing Act of 1949 (42 U.S.C. 1484, 1486), 12 $16,853,000, to remain available until expended, for direct 13 farm labor housing loans and domestic farm labor housing 14 grants and contracts: Provided, That any balances avail15 able for the Farm Labor Program Account shall be trans16 ferred to and merged with this account. 17 In addition, for administrative expenses necessary to 18 carry out the direct and guaranteed loan programs, 19 $412,254,000 shall be transferred to and merged with the 20 appropriation for "Rural Development, Salaries and Ex21 penses". 22 23 RENTAL ASSIS'l'ANCE PROGRAM For rental assistance agreements entered into or re- 24 newed pursuant to the authority under section 52l(a)(2) 25 of the Housing Act of 1949 or agreements entered into February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 37 1 in lieu of debt forgiveness or payments for eligible house- 2 holds as authorized by section 502(c)(5)(D) of the Hous3 ing Act of 1949, $1,331,400,000, of which $40,000,000 4 shall be available until September 30, 2020; and in addi5 tion such sums as may be necessary, as authorized by sec6 tion 521(c) of the Act, to liquidate debt incurred prior to 7 fiscal year 1992 to carry out the rental assistance program 8 under section 52l(a)(2) of the Act: Provided, That rental 9 assistance agreements entered into or renewed during the 10 current fiscal year shall be funded for a one-year period: 11 Provided further, That any unexpended balances remain- 12 ing at the end of such one-year agreements may be trans13 ferred and used for purposes of any debt reduction; main14 tenance, repair, or rehabilitation of any existing projects; 15 preservation; and rental assistance activities authorized 16 under title V of the Act: Provided further, That rental as17 sistance provided under agreements entered into prior to 18 fiscal year 2019 for a farm labor multi-family housing 19 project financed under section 514 or 516 of the Act may 20 not be recaptured for use in another project until such 21 assistance has remained unused for a period of 12 con22 secutive months, if such project has a waiting list of ten23 ants seeking such assistance or the project has rental as24 sistance eligible tenants who are not receiving such assist25 ance: Provided further, That such recaptured rental assist- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 38 1 ance shall, to the extent practicable, be applied to another 2 farm labor multi-family housing project financed under 3 section 514 or 516 of the Act: Provided further, That ex4 cept as provided in the third proviso under this heading 5 and notwithstanding any other provision of the Act, the 6 Secretary may recapture rental assistance provided under 7 agreements entered into prior to fiscal year 2019 for a 8 project that the Secretary determines no longer needs 9 rental assistance and use such recaptured funds for cur- 10 rent needs. 11 MULTI-FAMILY HOUSING REVITALIZATION PROGRAM 12 ACCOUNT 13 For the rural housing voucher program as authorized 14 under section 542 of the Housing Act of 1949, but not15 withstanding subsection (b) of such section, and for addi16 tional costs to conduct a demonstration program for the 17 preservation and revitalization of multi-family rental hous18 ing properties described in this paragraph, $51,500,000, 19 to remain available until expended: Provided, That of the 20 funds made available under this heading, $27,000,000, 21 shall be available for rural housing vouchers to any low22 income household (including those not receiving rental as23 sistance) residing in a property financed with a section 24 515 loan which has been prepaid after September 30, 25 2005: Provided further, That the amount of such voucher February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 39 1 shall be the difference between comparable market rent 2 for the section 515 unit and the tenant paid rent for such 3 unit: Provided further, That funds made available for such 4 vouchers shall be subject to the availability of annual ap- 5 propriations: Provided further, That the Secretary shall, 6 to the maximum extent practicable, administer such 7 vouchers with current regulations and administrative guid- 8 ance applicable to section 8 housing vouchers administered 9 by the Secretary of the Department of Housing and Urban 10 Development: Provided further, That if the Secretary dell termines that the amount made available for vouchers in 12 this or any other Act is not needed for vouchers, the Sec- 13 retary may use such funds for the demonstration program 14 for the preservation and revitalization of multi-family 15 rental housing properties described in this paragraph: Pro16 vided further, That of the funds made available under this 17 heading, $24,500,000 shall be available for a demonstra18 tion program for the preservation and revitalization of the 19 sections 514, 515, and 516 multi-family rental housing 20 properties to restructure existing USDA multi-family 21 housing loans, as the Secretary deems appropriate, ex22 pressly for the purposes of ensuring the project has suffi23 cient resources to preserve the project for the purpose of 24 providing safe and affordable housing for low-income resi25 dents and farm laborers including reducing or eliminating February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 40 1 interest; deferring loan payments, subordinating, reducing 2 or reamortizing loan debt; and other financial assistance 3 including advances, payments and incentives (including 4 the ability of owners to obtain reasonable returns on in- 5 vestment) required by the Secretary: Provided further, 6 That the Secretary shall as part of the preservation and 7 revitalization agreement obtain a restrictive use agreement 8 consistent with the terms of the restructuring: Provided 9 further, That if the Secretary determines that additional 10 funds for vouchers described in this paragraph are needed, 11 funds for the preservation and revitalization demonstra12 tion program may be used for such vouchers: Providedfur13 ther, That if Congress enacts legislation to permanently 14 authorize a multi-family rental housing loan restructuring 15 program similar to the demonstration program described 16 herein, the Secretary may use funds made available for 17 the demonstration program under this heading to carry 18 out such legislation with the prior approval of the Commit19 tees on Appropriations of both Houses of Congress: Pro20 vided further, That in addition to any other available 21 funds, the Secretary may expend not more than 22 $1,000,000 total, from the program funds made available 23 under this heading, for administrative expenses for activi24 ties funded under this heading. February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CO NF\DivB-Ag.xml 41 1 2 MUTUAL AND SELF-HELP HOUSING GRANTS For grants and contracts pursuant to section 3 523(b)(l)(A) of the Housing Act of 1949 (42 U.S.C. 4 1490c), $30,000,000, to remain available until expended. 5 6 RURAL HOUSING ASSISTANCE GRANTS For grants for very low-income housing repair and 7 rural housing preservation made by the Rural Housing 8 Service, as authorized by 42 U.S.C. 1474, and 1490m, 9 $45,000,000, to remain available until expended. 10 RURAL COl\IMUNITY FACILITIES PROGRAl\I ACCOUNT 11 (INCLUDING TRANSFERS OF FUNDS) 12 For gross obligations for the principal amount of di- 13 rect and guaranteed loans as authorized by section 306 14 and described in section 381E(d)(l) of the Consolidated 15 Farm and Rural Development Act, $2,800,000,000 for di16 rect loans and $148,287,000 for guaranteed loans. 17 For the cost of guaranteed loans, including the cost 18 of modifying loans, as defined in section 502 of the Con19 gressional Budget Act of 197 4, $4,285,000, to remain 20 available until expended. 21 For the cost of grants for rural community facilities 22 programs as authorized by section 306 and described in 23 section 381E(d)(l) of the Consolidated Farm and Rural 24 Development Act, $45,778,000, to remain available until 25 expended: Provided, That $6,000,000 of the amount ap- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 42 1 propriated under this heading shall be available for a 2 Rural Community Development Initiative: Provided fur3 ther, That such funds shall be used solely to develop the 4 capacity and ability of private, nonprofit community-based 5 housing and community development organizations, low6 income rural communities, and Federally Recognized Na- 7 tive American Tribes to undertake projects to improve 8 housing, community facilities, community and economic 9 development projects in rural areas: Provided further, 10 That such funds shall be made available to qualified pri11 vate, nonprofit and public intermediary organizations pro- 12 posing to carry out a program of financial and technical 13 assistance: Provided further, That such intermediary orga14 nizations shall provide matching funds from other sources, 15 including Federal funds for related activities, in an 16 amount not less than funds provided: Provided further, 17 That $5,778,000 of the amount appropriated under this 18 heading shall be to provide grants for facilities in rural 19 communities with extreme unemployment and severe eco20 nomic depression (Public Law 106-387), with up to 5 per21 cent for administration and capacity building in the State 22 rural development offices: Provided further, That 23 $4,000,000 of the amount appropriated under this head24 ing shall be available for community facilities grants to 25 tribal colleges, as authorized by section 306(a)(l9) of such February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 43 1 Act: Provided further, That sections 381E-H and 381N 2 of the Consolidated Farm and Rural Development Act are 3 not applicable to the funds made available under this 4 heading. 5 RURAL BUSINESS-COOPERATIVE SERVICE 6 RURAL BUSINESS PROGRAM ACCOUNT 7 (INCLUDING TRANSFERS OF FUNDS) 8 For the cost of loan guarantees and grants, for the 9 rural business development programs authorized by sec10 tion 310B and described in subsections (a), (c), (f) and 11 (g) of section 310B of the Consolidated Farm and Rural 12 Development Act, $65,040,000, to remain available until 13 expended: Provided, That of the amount appropriated 14 under this heading, not to exceed $500,000 shall be made 15 available for one grant to a qualified national organization 16 to provide technical assistance for rural transportation in 17 order to promote economic development and $8,000,000 18 shall be for grants to the Delta Regional Authority (7 19 U.S.C. 2009aa et seq.), the Northern Border Regional 20 Commission (40 U.S.C. 15101 et seq.), and the Appa21 lachian Regional Commission (40 U.S.C. 14101 et seq.) 22 for any Rural Community Advancement Program purpose 23 as described in section 381E(d) of the Consolidated Farm 24 and Rural Development Act, of which not more than 5 25 percent may be used for administrative expenses: Provided February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 44 1 further, That $4,000,000 of the amount appropriated 2 under this heading shall be for business grants to benefit 3 Federally Recognized Native American Tribes, including 4 $250,000 for a grant to a qualified national organization 5 to provide technical assistance for rural transportation in 6 order to promote economic development: Provided further, 7 That sections 381E-H and 381N of the Consolidated 8 Farm and Rural Development Act are not applicable to 9 funds made available under this heading. 10 INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT 11 (INCLUDING TRANSFER OF FUNDS) 12 For the principal amount of direct loans, as author- 13 ized by the Intermediary Relending Program Fund Ac14 count (7 U.S.C. 1936b), $18,889,000. 15 For the cost of direct loans, $4,157,000, as author- 16 ized by the Intermediary Relending Program Fund Ac17 count (7 U.S.C. 1936b), of which $557,000 shall be avail- 18 able through June 30, 2019, for Federally Recognized Na19 tive American Tribes; and of which $1,072,000 shall be 20 available through June 30, 2019, for Mississippi Delta Re- 21 gion counties (as determined in accordance with Public 22 Law 100-460): Provided, That such costs, including the 23 cost of modifying such loans, shall be as defined in section 24 502 of the Congressional Budget Act of 197 4. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 45 1 In addition, for administrative expenses to carry out 2 the direct loan programs, $4,468,000 shall be transferred 3 to and merged with the appropriation for ''Rural Develop4 ment, Salaries and Expenses". 5 RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM 6 ACCOUNT 7 For the principal amount of direct loans, as author- 8 ized under section 313B(a) of the Rural Electrification 9 Act, for the purpose of promoting rural economic develop10 ment and job creation projects, $50,000,000. 11 The cost of grants authorized under section 313B(a) 12 of the Rural Electrification Act, for the purpose of pro13 moting rural economic development and job creation 14 projects shall not exceed $10,000,000. 15 16 RURAL COOPERATIVE DEVELOPMENT GRANTS For rural cooperative development grants authorized 17 under section 310B(e) of the Consolidated Farm and 18 Rural Development Act (7 U.S.C. 1932), $29,100,000, of 19 which $2,800,000 shall be for cooperative agreements for 20 the appropriate technology transfer for rural areas pro21 gram: Provided, That not to exceed $3,000,000 shall be 22 for grants for cooperative development centers, individual 23 cooperatives, or groups of cooperatives that serve socially 24 disadvantaged groups and a majority of the boards of di25 rectors or governing boards of which are comprised of in- February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 46 1 dividuals who are members of socially disadvantaged 2 groups; and of which $17,500,000, to remain available 3 until expended, shall be for value-added agricultural prod4 uct market development grants, as authorized by section 5 210A of the Agricultural Marketing Act of 1946, of which 6 $2,500,000 may be used for Agriculture Innovation Cen7 ters authorized pursuant to section 6402 of Public Law 8 107-171. 9 RURAL ENERGY FOR . AJ\IERIC..A PROGRAl\I 10 For the cost of a program of loan guarantees, under 11 the same terms and conditions as authorized by section 12 9007 of the Farm Security and Rural Investment Act of 13 2002 (7 U.S.C. 8107), $334,500: Provided, That the cost 14 of loan guarantees, including the cost of modifying such 15 loans, shall be as defined in section 502 of the Congres- 16 sional Budget Act of 197 4. 17 RURAL UTILITIES SERVICE 18 RURAL WATER AND \V..ASTE DISPOSAL PROGRAM ACCOUNT 19 (INCLUDING TRANSFERS OF FUNDS) 20 For gross obligations for the principal amount of di- 21 rect loans as authorized by section 306 and described in 22 section 381E(d)(2) of the Consolidated Farm and Rural 23 Development Act, $1,400,000,000. For loan guarantees 24 and grants for rural water, waste water, waste disposal, 25 and solid waste management programs authorized by sec- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 47 1 tions 306, 306A, 306C, 306D, 306E, and 310B and de2 scribed in sections 306C(a)(2), 306D, 306E, and 3 381E(d)(2) of the Consolidated Farm and Rural Develop4 ment Act, $548,690,000, to remain available until ex- 5 pended, of which not to exceed $1,000,000 shall be avail6 able for the rural utilities program described in section 7 306(a)(2)(B) of such Act, and of which not to exceed 8 $1,500,000 shall be available for the rural utilities pro9 gram described in section 306E of such Act: Provided, 10 That not to exceed $15,000,000 of the amount appro11 priated under this heading shall be for grants authorized 12 by section 306A(i)(2) of the Consolidated Farm and Rural 13 Development Act in addition to funding authorized by sec14 tion 306A(i)(l) of such Act and such grants may not ex- 15 ceed $1,000,000 notwithstanding section 306A(f)(l) of 16 such Act: Provided further, That $68,000,000 of the 17 amount appropriated under this heading shall be for loans 18 and grants including water and waste disposal systems 19 grants authorized by section 306C(a)(2)(B) and section 20 306D of the Consolidated Farm and Rural Development 21 Act, and Federally Recognized Native American Tribes 22 authorized by 306C(a)(l) of such Act: Provided further, 23 That funding provided for section 306D of the Consoli24 dated Farm and Rural Development Act may be provided 25 to a consortium formed pursuant to section 325 of Public February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 48 1 Law 105-83: Provided further, That not more than 2 per2 cent of the funding provided for section 306D of the Con3 solidated Farm and Rural Development Act may be used 4 by the State of Alaska for training and technical assist5 ance programs and not more than 2 percent of the funding 6 provided for section 306D of the Consolidated Farm and 7 Rural Development Act may be used by a consortium 8 formed pursuant to section 325 of Public Law 105-83 for 9 training and technical assistance programs: Provided fur- IO ther, That not to exceed $30,000,000 of the amount ap11 propriated under this heading shall be for technical assist12 ance grants for rural water and waste systems pursuant 13 to section 306(a)(14) of such Act, unless the Secretary 14 makes a determination of extreme need, of which 15 $8,000,000 shall be made available for a grant to a quali16 fied nonprofit multi-State regional technical assistance or- 17 ganization, with experience in working with small commu18 nities on water and waste water problems, the principal 19 purpose of such grant shall be to assist rural communities 20 with populations of 3,300 or less, in improving the plan- 21 ning, financing, development, operation, and management 22 of water and waste water systems, and of which not less 23 than $800,000 shall be for a qualified national Native 24 American organization to provide technical assistance for 25 rural water systems for tribal communities: Provided fur- February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 49 l ther, That not to exceed $19,000,000 of the amount ap2 propriated under this heading shall be for contracting with 3 qualified national organizations for a circuit rider program 4 to provide technical assistance for rural water systems: 5 Provided further, That not to exceed $4,000,000 shall be 6 for solid waste management grants: Provided further, That 7 $10,000,000 of the amount appropriated under this head8 ing shall be transferred to, and merged with, the Rural 9 Utilities Service, High Energy Cost Grants Account to 10 provide grants authorized under section 19 of the Rural 11 Electrification Act of 1936 (7 U.S.C. 918a): Provided fur- 12 ther, That any prior year balances for high-energy cost 13 grants authorized by section 19 of the Rural Electrifica14 tion Act of 1936 (7 U.S.C. 918a) shall be transferred to 15 and merged with the Rural Utilities Service, High Energy 16 Cost Grants Account: Provided further, That sections 17 381E-H and 381N of the Consolidated ~~arm and Rural 18 Development Act are not applicable to the funds made 19 available under this heading. 20 RURAL ELECTRIFICATION AND TELECOMMUNICATIONS 21 LOANS PROGRAM ACCOUNT 22 (INCLUDING TRANSFER OF FUNDS) 23 The principal amount of direct and guaranteed loans 24 as authorized by sections 305, 306, and 317 of the Rural 25 Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 50 1 shall be made as follows: loans made pursuant to sections 2 305, 306, and 317, notwithstanding 317(c), of that Act, 3 rural electric, $5,500,000,000; guaranteed underwriting 4 loans pursuant to section 313A, $750,000,000; 5 percent 5 rural telecommunications loans, cost of money rural tele6 communications loans, and for loans made pursuant to 7 section 306 of that Act, rural telecommunications loans, 8 $690,000,000: Provided, That up to $2,000,000,000 shall 9 be used for the construction, acquisition, design and engi10 neering or improvement of fossil-fueled electric generating 11 plants (whether new or existing) that utilize carbon sub- 12 surface utilization and storage systems. 13 For the cost of direct loans as authorized by section 14 305 of the Rural Electrification Act of 1936 (7 U.S.C. 15 935), including the cost of modifying loans, as defined in 16 section 502 of the Congressional Budget Act of 1974, cost 17 of money rural telecommunications loans, $1,725,000. 18 In addition, for administrative expenses necessary to 19 carry out the direct and guaranteed loan programs, 20 $33,270,000, which shall be transferred to and merged 21 with the appropriation for "Rural Development, Salaries 22 and Expenses". February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 51 1 DISTANCE LEARNING, TELEl\IEDICINE, AND BROADBAND 2 PROGRAM 3 For the principal amount of broadband telecommuni- 4 cation loans, $29,851,000. 5 For grants for telemedicine and distance learning 6 services in rural areas, as authorized by 7 U.S.C. 950aaa 7 et seq., $34,000,000, to remain available until expended: 8 Provided, That $3,000,000 shall be made available for 9 grants authorized by 379G of the Consolidated Farm and 10 Rural Development Act: Provided further, That funding 11 provided under this heading for grants under 379G of the 12 Consolidated Farm and Rural Development Act may only 13 be provided to entities that meet all of the eligibility cri14 teria for a consortium as established by this section. 15 For the cost of broadband loans, as authorized by 16 section 601 of the Rural Electrification Act, $5,830,000, 17 to remain available until expended: Provided, That the 18 cost of direct loans shall be as defined in section 502 of 19 the Congressional Budget Act of 197 4. 20 In addition, $30,000,000, to remain available until 21 expended, for a grant program to finance broadband 22 transmission in rural areas eligible for Distance Learning 23 and Telemedicine Program benefits authorized by 7 24 U.S.C. 950aaa. February 12, 2019 (5:15 p.m.) U :\2019CO NF\DivB-Ag.xml SEN. APPRO. 52 1 TITLE IV 2 DOMESTIC FOOD PROGRAMS 3 OFFICE OF THE UNDER SECRET.ARY FOR FOOD, 4 NUTRITION, AND CONSUMER SERVICES 5 For necessary expenses of the Office of the Under 6 Secretary for Food, Nutrition, and Consumer Services, 7 $800,000: Provided, That funds made available by this 8 Act to an agency in the Food, Nutrition and Consumer 9 Services mission area for salaries and expenses are avail10 able to fund up to one administrative support staff for 11 the Office. 12 FOOD AND NUTRITION SERVICE 13 CHILD NUTRITION PROGRAMS 14 (INCLUDING TRANSFERS OF FUNDS) 15 For necessary expenses to carry out the Richard B. 16 Russell National School Lunch Act (42 U.S.C. 1751 et 17 seq.), except section 21, and the Child Nutrition Act of 18 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 19 21; $23,140,781,000 to remain available through Sep20 tember 30, 2020, of which such sums as are made avail21 able under section 14222(b)(l) of the Food, Conservation, 22 and Energy Act of 2008 (Public Law 110-246), as 23 amended by this Act, shall be merged with and available 24 for the same time period and purposes as provided herein: 25 Provided, 'l1hat of the total amount available, $17,004,000 February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CONF\DivB-Ag.xml 53 1 shall be available to carry out section 19 of the Child Nu2 trition Act of 1966 (42 U.S.C. 1771 et seq.): Provided 3 further, That of the total amount available, $30,000,000 4 shall be available to provide competitive grants to State 5 agencies for subgrants to local educational agencies and 6 schools to purchase the equipment, with a value of greater 7 than $1,000, needed to serve healthier meals, improve food 8 safety, and to help support the establishment, mainte9 nance, or expansion of the school breakfast program: Pro10 vided further, That of the total amount available, 11 $28,000,000 shall remain available until expended to carry 12 out section 749(g) of the Agriculture Appropriations Act 13 of 2010 (Public Law 111-80): Provided further, That sec14 tion 26(d) of the Richard B. Russell National School 15 Lunch Act (42 U.S.C. 1769g(d)) is amended in the first 16 sentence by striking "2010 through 2018" and inserting 17 "2010 through 2019": Provided further, That section 18 9(h)(3) of the Richard B. Russell National School Lunch 19 Act (42 U .S.C. 1758(h)(3)) is amended in the first sen20 tence by striking "For fiscal year 2018" and inserting 21 "For fiscal year 2019": Provided further, That section 22 9(h)(4) of the Richard B. Russell National School Lunch 23 Act (42 U.S.C. 1758(h)(4)) is amended in the first sen24 tence by striking "For fiscal year 2018" and inserting 25 "For fiscal year 2019". February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 54 1 SPECIAL SUPPLEl\IENTAL NUTRITION PROGRAM FOR 2 WOl\IEN, INFANTS, AND CHILDREN (WIC) 3 For necessary expenses to carry out the special sup- 4 plemental nutrition program as authorized by section 1 7 5 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), 6 $6,075,000,000, to remain available through September 7 30, 2020: Provided, That notwithstanding section 8 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 9 1786(h)(10)), not less than $60,000,000 shall be used for 10 breastfeeding peer counselors and other related activities, 11 and $19,000,000 shall be used for infrastructure, of which 12 $5,000,000 shall be for telehealth competitive grants to 13 supplement the nutrition education and breastfeeding sup14 port offered in the WIC clinic, and to decrease barriers 15 to access to WIC services, particularly in rural commu16 nities, and other populations facing barriers to accessing 17 support: Provided further, That none of the funds provided 18 in this account shall be available for the purchase of infant 19 formula except in accordance with the cost containment 20 and competitive bidding requirements specified in section 21 17 of such Act: Provided further, That none of the funds 22 provided shall be available for activities that are not fully 23 reimbursed by other Federal Government departments or 24 agencies unless authorized by section 17 of such Act: Pro25 vided further, That upon termination of a federally man- February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 55 1 dated vendor moratorium and subject to terms and condi2 tions established by the Secretary, the Secretary may 3 waive the requirement at 7 CFR 246.12(g)(6) at the re4 quest of a State agency. 5 6 SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM For necessary expenses to carry out the Food and 7 Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), 8 $73,476,921,000, of which $3,000,000,000, to remain 9 available through December 31, 2020, shall be placed in 10 reserve for use only in such amounts and at such times 11 as may become necessary to carry out program operations: 12 Provided, That funds provided herein shall be expended 13 in accordance with section 16 of the Food and Nutrition 14 Act of 2008: Provided further, That of the funds made 15 available under this heading, $998,000 may be used to 16 provide nutrition education services to State agencies and 17 Federally Recognized Tribes participating in the Food 18 Distribution Program on Indian Reservations: Provided 19 further, 'l1hat this appropriation shall be subject to any 20 work registration or workfare requirements as may be re- 21 quired by law: Provided further, That funds made available 22 for Employment and Training under this heading shall re23 main available through September 30, 2020: Provided fur24 ther, That funds made available under this heading for 25 section 28(d)(l), section 4(b), and section 27(a) of the February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 56 1 Food and Nutrition Act of 2008 shall remam available 2 through September 30, 2020: Provided further, That none 3 of the funds made available under this heading may be 4 obligated or expended in contravention of section 213A of 5 the Immigration and Nationality Act (8 U.S.C. 1183A): 6 Provided further, That funds made available under this 7 heading may be used to enter into contracts and employ 8 staff to conduct studies, evaluations, or to conduct activi9 ties related to program integrity provided that such activi10 ties are authorized by the Food and Nutrition Act of 2008. 11 12 COMMODITY ASSISTANCE PROGRAM For necessary expenses to carry out disaster assist- 13 ance and the Commodity Supplemental Food Program as 14 authorized by section 4(a) of the Agriculture and Con15 sumer Protection Act of 1973 (7 U.S.C. 612c note); the 16 Emergency Food Assistance Act of 1983; special assist17 ance for the nuclear affected islands, as authorized by sec18 tion 103(f)(2) of the Compact of Free Association Arnend19 ments Act of 2003 (Public Law 108-188); and the Farm20 ers' Market Nutrition Program, as authorized by section 21 17(m) of the Child Nutrition Act of 1966, $322,139,000, 22 to remain available through September 30, 2020: Pro23 vided, That none of these funds shall be available to reim24 burse the Commodity Credit Corporation for commodities 25 donated to the program: Provided further, That notwith- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 57 1 standing any other provision of law, effective with funds 2 made available in fiscal year 2019 to support the Seniors 3 Farmers' Market Nutrition Program, as authorized by 4 section 4402 of the Farm Security and Rural Investment 5 Act of 2002, such funds shall remain available through 6 September 30, 2020: Provided further, That of the funds 7 made available under section 27(a) of the Food and Nutri8 tion Act of 2008 (7 U.S.C. 2036(a)), the Secretary may 9 use up to 15 percent for costs associated with the distribu- 10 tion of commodities: Provided further, That $30,000,000 11 of prior year unobligated balances of the Commodity Sup12 plemental Food Program shall be transferred to The 13 Emergency Food Assistance Program to be used for ad14 ministrative expenses. 15 16 NUTRITION PROGRAMS ADMINISTRA.TION For necessary administrative expenses of the Food 17 and Nutrition Service for carrying out any domestic nutri- 18 tion assistance program, $164,688,000, of which 19 $12,297,000 shall remain available through September 20 30, 2021, for the development and dissemination of the 21 Dietary Guidelines for Americans: Provided, That of the 22 funds provided herein, $2,000,000 shall be used for the 23 purposes of section 4404 of Public Law 107-171, as 24 amended by section 4401 of Public Law 110-246. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 58 1 TITLE V 2 FOREIGN ASSISTANCE AND RELATED 3 PROGRAMS 4 OFFICE OF THE UNDER SECRETARY FOR TRADE AND 5 FOREIGN AGRICULTURAL AFFAIRS 6 For necessary expenses of the Office of the Under 7 Secretary for Trade and Foreign Agricultural Affairs, 8 $875,000: Provided, That funds made available by this 9 Act to any agency in the Trade and Foreign Agricultural 10 Affairs mission area for salaries and expenses are avail11 able to fund up to one administrative support staff for 12 the Office. 13 14 OFFICE OF CODEX ALil\IENTARIUS For necessary expenses of the Office of Codex 15 Alimentarius, $3,976,000, including not to exceed 16 $40,000 for official reception and representation expenses. 17 FOREIGN AGRICULTURAL SERVICE 18 SALARIES AND EXPENSES 19 (INCLUDING TRANSFERS OF FUNDS) 20 For necessary expenses of the Foreign Agricultural 21 Service, including not to exceed $250,000 for representa22 tion allowances and for expenses pursuant to section 8 of 23 the Act approved August 3, 1956 (7 U.S.C. 1766), 24 $213,890,000, of which no more than 6 percent shall re25 main available until September 30, 2020, for overseas op- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 59 1 erations to include the payment of locally employed staff: 2 Provided, That the Service may utilize advances of funds, 3 or reimburse this appropriation for expenditures made on 4 behalf of Federal agencies, public and private organiza- 5 tions and institutions under agreements executed pursu6 ant to the agricultural food production assistance pro- 7 grams (7 U.S.C. 1737) and the foreign assistance pro- 8 grams of the United States Agency for International De9 velopment: Provided further, That funds made available 10 for middle-income country training programs, funds made 11 available for the Borlaug International Agricultural 12 Science and Technology Fellowship program, and up to 13 $2,000,000 of the Foreign Agricultural Service appropria14 tion solely for the purpose of offsetting fluctuations in 15 international currency exchange rates, subject to docu16 mentation by the Foreign Agricultural Service, shall re17 main available until expended. 18 FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD 19 FOR PROGRESS PROGRAM ACCOUNT 20 (INCLUDING TRANSFER OF FUNDS) 21 For administrative expenses to carry out the credit 22 program of title I, Food for Peace Act (Public Law 8323 480) and the Food for Progress Act of 1985, $142,000, 24 shall be transferred to and merged with the appropriation 25 for "Farm Service Agency, Salaries and Expenses". February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 60 1 FOOD FOR PEACE TITLE II GRANTS 2 For expenses during the current fiscal year, not oth- 3 erwise recoverable, and unrecovered prior years' costs, in4 eluding interest thereon, under the Food for Peace Act 5 (Public Law 83-480), for commodities supplied in connec6 tion with dispositions abroad under title II of said Act, 7 $1,500,000,000, to remain available until expended. 8 MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION 9 10 . AND CHILD NUTRITION PROGRAM GRANTS For necessary expenses to carry out the provisions 11 of section 3107 of the Farm Security and Rural Invest- 12 ment Act of 2002 (7 U.S.C. 17360-l), $210,255,000, to 13 remain available until expended, of which $1,000,000 is 14 for the use of recently developed potable water tech- 15 nologies in school feeding projects: Provided, That the 16 Commodity Credit Corporation is authorized to provide 17 the services, facilities, and authorities for the purpose of 18 implementing such section, subject to reimbursement from 19 amounts provided herein: Provided further, That of the 20 amount made available under this heading, $15,000,000, 21 shall remain available until expended for necessary ex22 penses to carry out the provisions of section 3207 of the 23 Agricultural Act of 2014 (7 U.S.C. 1726c). February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 61 1 COMl\IODITY CREDIT CORPORATION EXPORT (LOANS) 2 CREDIT GUARANTEE PROGRAl."VI ACCOUNT 3 (INCLUDING TRANSFERS OF FUNDS) 4 For administrative expenses to carry out the Com- 5 modity Credit Corporation's Export Guarantee Program, 6 GSM 102 and GSM 103, $8,845,000, to cover common 7 overhead expenses as permitted by section 11 of the Com8 modity Credit Corporation Charter Act and in conformity 9 with the Federal Credit Reform Act of 1990, of which 10 $6,382,000 shall be transferred to and merged with the 11 appropriation for "Foreign Agricultural Service, Salaries 12 and Expenses", and of which $2,463,000 shall be trans13 ferred to and merged with the appropriation for "Farm 14 Service Agency, Salaries and Expenses". February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 62 1 TITLE VI 2 RELATED AGENCY AND FOOD AND DRUG 3 ADMINISTRATION 4 DEPARTMENT OF HEALTH AND HUMAN SERVICES 5 FOOD AND DRUG ADMINISTRATION 6 SALARIES .AND EXPENSES 7 For necessary expenses of the Food and Drug Ad- 8 ministration, including hire and purchase of passenger 9 motor vehicles; for payment of space rental and related 10 costs pursuant to Public Law 92-313 for programs and 11 activities of the Food and Drug Administration which are 12 included in this Act; for rental of special purpose space 13 in the District of Columbia or elsewhere; in addition to 14 amounts appropriated to the FDA Innovation Account, for 15 carrying out the activities described in section 1002(b)(4) 16 of the 21st Century Cures Act (Public Law 114-255); for 17 miscellaneous and emergency expenses of enforcement ac- 18 tivities, authorized and approved by the Secretary and to 19 be accounted for solely on the Secretary's certificate, not 20 to exceed $25,000; and notwithstanding section 521 of 21 Public Law 107-188; $5,584,965,000: Provided, That of 22 the amount provided under this heading, $1,010,323,000 23 shall be derived from prescription drug user fees author24 ized by 21 U.S.C. 379h, and shall be credited to this ac25 count and remain available until expended; $204,730,000 February 12, 2019 (5:15 p.m.) U :\2019CONF\DivB-Ag.xml SEN. APPRO. 63 1 shall be derived from medical device user fees authorized 2 by 21 U.S.C. 379j, and shall be credited to this account 3 and remain available until expended; $501,721,000 shall 4 be derived from human generic drug user fees authorized 5 by 21 U.S.C. 379j-42, and shall be credited to this ac6 count and remain available until expended; $38,847,000 7 shall be derived from biosimilar biological product user 8 fees authorized by 21 U.S.C. 379j-52, and shall be cred9 ited to this account and remain available until expended; 10 $30,331,000 shall be derived from animal drug user fees 11 authorized by 21 U.S.C. 379j-12, and shall be credited 12 to this account and remam available until expended; 13 $18,335,000 shall be derived from generic new animal 14 drug user fees authorized by 21 U.S.C. 379j-21, and shall 15 be credited to this account and remain available until ex16 pended; $712,000,000 shall be derived from tobacco prod17 uct user fees authorized by 21 U.S.C. 387s, and shall be 18 credited to this account and remain available until ex19 pended: Provided further, That in addition to and notwith20 standing any other provision under this heading, amounts 21 collected for prescription drug user fees, medical device 22 user fees, human generic drug user fees, biosimilar biologi23 cal product user fees, animal drug user fees, and generic 24 new animal drug user fees that exceed the respective fiscal 25 year 2019 limitations are appropriated and shall be cred- February 12, 2019 (5:15 p.m.) U :\2019CONF\DivB-Ag.xml SEN. APPRO. 64 1 ited to this account and remain available until expended: 2 Provided further, That fees derived from prescription drug, 3 medical device, human generic drug, biosimilar biological 4 product, animal drug, and generic new animal drug as- 5 sessments for fiscal year 2019, including any such fees 6 collected prior to fiscal year 2019 but credited for fiscal 7 year 2019, shall be subject to the fiscal year 2019 limita8 tions: Provided further, That the Secretary may accept 9 payment during fiscal year 2019 of user fees specified 10 under this heading and authorized for fiscal year 2020, 11 prior to the due date for such fees, and that amounts of 12 such fees assessed for fiscal year 2020 for which the Sec13 retary accepts payment in fiscal year 2019 shall not be 14 included in amounts under this heading: Provided further, 15 That none of these funds shall be used to develop, estab16 lish, or operate any program of user fees authorized by 17 31 U.S.C. 9701: Provided further, That of the total 18 amount appropriated: (1) $1,059,980,000 shall be for the 19 Center for Food Safety and Applied Nutrition and related 20 field activities in the Office of Regulatory Affairs, of which 21 no less than $15,000,000 shall be used for inspections of 22 foreign seafood manufacturers and field examinations of 23 imported seafood; (2) $1,879,927,000 shall be for the 24 Center for Drug Evaluation and Research and related 25 field activities in the Office of Regulatory Affairs; (3) February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 65 1 $402,144,000 shall be for the Center for Biologics Evalua2 tion and Research and for related field activities in the 3 Office of Regulatory Affairs; (4) $223,611,000 shall be 4 for the Center for Veterinary Medicine and for related 5 field activities in the Office of Regulatory Affairs; (5) 6 $556,179,000 shall be for the Center for Devices and Ra7 diological Health and for related field activities in the Of8 fice of Regulatory Affairs; (6) $66,712,000 shall be for 9 the National Center for Toxicological Research; ( 7) 10 $666,832,000 shall be for the Center for Tobacco Prod11 ucts and for related field activities in the Office of Regu12 latory Affairs; (8) $173,847,000 shall be for Rent and Re13 lated activities, of which $50,587,000 is for White Oak 14 Consolidation, other than the amounts paid to the General 15 Services Administration for rent; (9) $237,849,000 shall 16 be for payments to the General Services Administration 17 for rent; and (10) $317,884,000 shall be for other activi18 ties, including the Office of the Commissioner of Food and 19 Drugs, the Office of Foods and Veterinary Medicine, the 20 Office of Medical and Tobacco Products, the Office of 21 Global and Regulatory Policy, the Office of Operations, 22 the Office of the Chief Scientist, and central services for 23 these offices: Provided further, rrhat not to exceed $25,000 24 of this amount shall be for official reception and represen25 tation expenses, not otherwise provided for, as determined February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 66 1 by the Commissioner: Provided further, That any transfer 2 of funds pursuant to section 770(n) of the Federal Food, 3 Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only 4 be from amounts made available under this heading for 5 other activities: Provided further, That of the amounts 6 that are made available under this heading for "other ac- 7 tivities", and that are not derived from user fees, 8 $1,500,000 shall be transferred to and merged with the 9 appropriation for "Department of Health and Human 10 Services-Office of Inspector General" for oversight of the 11 programs and operations of the Food and Drug Adminis12 tration and shall be in addition to funds otherwise made 13 available for oversight of the Food and Drug Administra14 tion: Provided further, That of the total amount made 15 available under this heading, $3,000,000 shall be used by 16 the Commissioner of Food and Drugs, in coordination 17 with the Secretary of Agriculture, for consumer outreach 18 and education regarding agricultural biotechnology and 19 biotechnology-derived food products and animal feed, in20 eluding through publication and distribution of science- 21 based educational information on the environmental, nu22 tritional, food safety, economic, and humanitarian impacts 23 of such biotechnology, food products, and feed: Provided 24 further, That funds may be transferred from one specified February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 67 1 activity to another with the prior approval of the Commit2 tees on Appropriations of both Houses of Congress. 3 In addition, mammography user fees authorized by 4 42 U.S.C. 263b, export certification user fees authorized 5 by 21 U.S.C. 381, priority review user fees authorized by 6 21 U.S.C. 360n and 360ff, food and feed recall fees, food 7 reinspection fees, and voluntary qualified importer pro8 gram fees authorized by 21 U.S.C. 379j-31, outsourcing 9 facility fees authorized by 21 U.S.C. 379j-62, prescription 10 drug wholesale distributor licensing and inspection fees 11 authorized by 21 U.S.C. 353(e)(3), third-party logistics 12 provider licensing and inspection fees authorized by 21 13 U.S.C. 360eee-3(c)(l), third-party auditor fees authorized 14 by 21 U.S.C. 384d(c)(8), and medical countermeasure pri15 ority review voucher user fees authorized by 21 U.S.C. 16 3 60bbb-4a, and, contingent upon the enactment of the 17 Over-the-Counter Monograph User Fee Act of 2019, fees 18 relating to over-the-counter monograph drugs authorized 19 by part 10 of subchapter C of Chapter VII of the Federal 20 Food, Drug and Cosmetic Act shall be credited to this ac21 count, to remain available until expended. 22 23 BUILDINGS AND FACILITIES For plans, construction, repair, improvement, exten- 24 sion, alteration, demolition, and purchase of fixed equip25 ment or facilities of or used by the Food and Drug Admin- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 68 1 istration, where not otherwise provided, $11,788,000, to 2 remain available until expended. 3 FDA INNOVATION ACCOUNT, CURES ACT 4 (INCLUDING TRANSFER OF FUNDS) 5 For necessary expenses to carry out the purposes de- 6 scribed under section 1002(b)(4) of the 21st Century 7 Cures Act, in addition to amounts available for such pur- 8 poses under the heading "Salaries and Expenses", 9 $70,000,000, to remain available until expended: Pro- IO vided, That amounts appropriated in this paragraph are 11 appropriated pursuant to section 1002(b)(3) of the 21st 12 Century Cures Act, are to be derived from amounts trans- 13 ferred under section 1002(b)(2)(A) of such Act, and may 14 be transferred by the Commissioner of Food and Drugs 15 to the appropriation for "Department of Health and 16 Human Services Food and Drug Administration Salaries 17 and Expenses" solely for the purposes provided in such 18 Act: Provided further, That upon a determination by the 19 Commissioner that funds transferred pursuant to the pre20 vious proviso are not necessary for the purposes provided, 21 such amounts may be transferred back to the account: 22 Provided further, That such transfer authority is in addi23 tion to any other transfer authority provided by law. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 69 1 INDEPENDENT AGENCY 2 FARM CREDIT ADMINISTRA. TION 3 LIMITATION ON ADMINISTRATIVE EXPENSES 4 Not to exceed $74,600,000 (from assessments col- 5 lected from farm credit institutions, including the Federal 6 Agricultural Mortgage Corporation) shall be obligated 7 during the current fiscal year for administrative expenses 8 as authorized under 12 U.S.C. 2249: Provided, That this 9 limitation shall not apply to expenses associated with re10 ceiverships: Provided further, That the agency may exceed 11 this limitation by up to 10 percent with notification to the 12 Committees on Appropriations of both Houses of Con13 gress. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 70 1 TITLE VII 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS .AND TRANSFERS OF FUNDS) 4 SEC. 701. Within the unit limit of cost fixed by law, 5 appropriations and authorizations made for the Depart6 ment of Agriculture for the current fiscal year under this 7 Act shall be available for the purchase, in addition to those 8 specifically provided for, of not to exceed 71 passenger 9 motor vehicles of which 6 8 shall be for replacement only, 10 and for the hire of such vehicles: Provided, That notwith- 11 standing this section, the only purchase of new passenger 12 vehicles shall be for those determined by the Secretary to 13 be necessary for transportation safety, to reduce oper14 ational costs, and for the protection of life, property, and 15 public safety. 16 SEC. 702. Notwithstanding any other provision of 17 this Act, the Secretary of Agriculture may transfer unobli18 gated balances of discretionary funds appropriated by this 19 Act or any other available unobligated discretionary bal- 20 ances that are remaining available of the Department of 21 Agriculture to the Working Capital Fund for the acquisi- 22 tion of plant and capital equipment necessary for the deliv23 ery of financial, administrative, and information tech24 nology services of primary benefit to the agencies of the 25 Department of Agriculture, such transferred funds to re- February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 71 1 main available until expended: Provided, That none of the 2 funds made available by this Act or any other Act shall 3 be transferred to the Working Capital Fund without the 4 prior approval of the agency administrator: Provided fur- 5 ther, That none of the funds transferred to the Working 6 Capital Fund pursuant to this section shall be available 7 for obligation without written notification to and the prior 8 approval of the Committees on Appropriations of both 9 Houses of Congress: Provided further, That none of the 10 funds appropriated by this Act or made available to the 11 Department's Working Capital Fund shall be available for 12 obligation or expenditure to make any changes to the De13 partment's National Finance Center without written noti14 fication to and prior approval of the Committees on Ap15 propriations of both Houses of Congress as required by 16 section 716 of this Act: Provided further, That none of 17 the funds appropriated by this Act or made available to 18 the Department's Working Capital Fund shall be available 19 for obligation or expenditure to initiate, plan, develop, im- 20 plement, or make any changes to remove or relocate any 21 systems, missions, or functions of the offices of the Chief 22 Financial Officer or any personnel from the National Fi23 nance Center prior to written notification to and prior ap24 proval of the Committee on Appropriations of both Houses 25 of Congress and in accordance with the requirements of February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 72 1 section 716 of this Act: Provided further, That the Sec2 retary of Agriculture and the offices of the Chief Financial 3 Officer shall actively market to existing and new Depart4 ments and other government agencies National Finance 5 Center shared services including, but not limited to, pay6 roll, financial management, and human capital shared 7 services and allow the National Finance Center to perform 8 technology upgrades: Provided further, That of annual in9 come amounts in the Working Capital Fund of the De- 10 partment of Agriculture attributable to the amounts in ex- 11 cess of the true costs of the shared services provided by 12 the National Finance Center and budgeted for the Na13 tional Finance Center, the Secretary shall reserve not 14 more than 4 percent for the replacement or acquisition 15 of capital equipment, including equipment for the improve16 ment, delivery, and implementation of financial, adminis17 trative, and information technology services, and other 18 systems of the National Finance Center or to pay any un- 19 foreseen, extraordinary cost of the National Finance Cen20 ter: Provided further, That none of the amounts reserved 21 shall be available for obligation unless the Secretary sub- 22 mits written notification of the obligation to the Commit23 tees on Appropriations of both Houses of Congress: Pro24 vided further, That the limitations on the obligation of 25 funds pending notification to Congressional Committees February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 73 1 shall not apply to any obligation that, as determined by 2 the Secretary, is necessary to respond to a declared state 3 of emergency that significantly impacts the operations of 4 the National Finance Center; or to evacuate employees of 5 the National Finance Center to a safe haven to continue 6 operations of the National Finance Center. 7 SEC. 703. No part of any appropriation contained in 8 this Act shall remain available for obligation beyond the 9 current fiscal year unless expressly so provided herein. 10 SEC. 704. No funds appropriated by this Act may be 11 used to pay negotiated indirect cost rates on cooperative 12 agreements or similar arrangements between the United 13 States Department of Agriculture and nonprofit institu14 tions in excess of 10 percent of the total direct cost of 15 the agreement when the purpose of such cooperative ar16 rangements is to carry out programs of mutual interest 17 between the two parties. This does not preclude appro18 priate payment of indirect costs on grants and contracts 19 with such institutions when such indirect costs are com20 puted on a similar basis for all agencies for which appro21 priations are provided in this Act. 22 SEC. 705. Appropriations to the Department of Agri- 23 culture for the cost of direct and guaranteed loans made 24 available in the current fiscal year shall remain available 25 until expended to disburse obligations made in the current February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 74 1 fiscal year for the following accounts: the Rural Develop2 ment Loan Fund program account, the Rural Electrifica3 tion and Telecommunication Loans program account, and 4 the Rural Housing Insurance Fund program account. 5 SEC. 706. None of the funds made available to the 6 Department of Agriculture by this Act may be used to ac- 7 quire new information technology systems or significant 8 upgrades, as determined by the Office of the Chief Infor9 mation Officer, without the approval of the Chief Informa- l O tion Officer and the concurrence of the Executive Informa11 tion Technology Investment Review Board: Provided, That 12 notwithstanding any other provision of law, none of the 13 funds appropriated or otherwise made available by this 14 Act may be transferred to the Office of the Chief Informa15 tion Officer without written notification to and the prior 16 approval of the Committees on Appropriations of both 17 Houses of Congress: Provided further, That, notwith18 standing section 11319 of title 40, United States Code, 19 none of the funds available to the Department of Agri20 culture for information technology shall be obligated for 21 projects, contracts, or other agreements over $25,000 22 prior to receipt of written approval by the Chief Informa23 tion Officer: Provided further, That the Chief Information 24 Officer may authorize an agency to obligate funds without 25 written approval from the Chief Information Officer for February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 75 1 projects, contracts, or other agreements up to $250,000 2 based upon the performance of an agency measured 3 against the performance plan requirements described in 4 the explanatory statement accompanying Public Law 1135 235. 6 SEC. 707. Funds made available under section 524(b) 7 of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in 8 the current fiscal year shall remain available until ex9 pended to disburse obligations made in the current fiscal 10 year. 11 SEC. 708. Notwithstanding any other provis10n of 12 law, any former RUS borrower that has repaid or prepaid 13 an insured, direct or guaranteed loan under the Rural 14 Electrification Act of 1936, or any not-for-profit utility 15 that is eligible to receive an insured or direct loan under 16 such Act, shall be eligible for assistance under section 17 313B(a) of such Act in the same manner as a borrower 18 under such Act. 19 SEC. 709. Except as otherwise specifically provided 20 by law, not more than $20,000,000 in unobligated bal21 ances from appropriations made available for salaries and 22 expenses in this Act for the Farm Service Agency shall 23 remain available through September 30, 2020, for infor24 mation technology expenses: Provided, That except as oth25 erwise specifically provided by law, unobligated balances February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 76 1 from appropriations made available for salaries and ex2 penses in this Act for the Rural Development mission area 3 shall remain available through September 30, 2020, for 4 information technology expenses. 5 SEC. 710. None of the funds appropriated or other- 6 wise made available by this Act may be used for first-class 7 travel by the employees of agencies funded by this Act in 8 contravention of sections 301-10.122 through 301-10.124 9 of title 41, Code of Federal Regulations. 10 SEC. 711. In the case of each program established 11 or amended by the Agricultural Act of 2014 (Public Law 12 113-79) or by a successor to that Act, other than by title 13 I or subtitle A of title III of such Act, or programs for 14 which indefinite amounts were provided in that Act, that 15 is authorized or required to be carried out using funds 16 of the Commodity Credit Corporation17 (1) such funds shall be available for salaries 18 and related administrative expenses, including tech- 19 nical assistance, associated with the implementation 20 of the program, without regard to the limitation on 21 the total amount of allotments and fund transfers 22 contained in section 11 of the Commodity Credit 23 Corporation Charter Act (15 U.S.C. 714i); and 24 (2) the use of such funds for such purpose shall 25 not be considered to be a fund transfer or allotment February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 77 1 for purposes of applying the limitation on the total 2 amount of allotments and fund transfers contained 3 in such section. 4 SEC. 712. Of the funds made available by this Act, 5 not more than $2,900,000 shall be used to cover necessary 6 expenses of activities related to all advisory committees, 7 panels, commissions, and task forces of the Department 8 of Agriculture, except for panels used to comply with nego- 9 tiated rule makings and panels used to evaluate competi10 tively awarded grants. 11 SEC. 713. (a) None of the funds made available in 12 this Act may be used to maintain or establish a computer 13 network unless such network blocks the VIewmg, 14 downloading, and exchanging of pornography. 15 (b) Nothing in subsection (a) shall limit the use of 16 funds necessary for any Federal, State, tribal, or local law 17 enforcement agency or any other entity carrying out crimi18 nal investigations, prosecution, or adjudication activities. 19 SEC. 714. Notwithstanding subsectio~ (b) of section 20 14222 of Public Law 110-246 (7 U.S.C. 612c-6; in this 21 section referred to as "section 14222"), none of the funds 22 appropriated or otherwise made available by this or any 23 other Act shall be used to pay the salaries and expenses 24 of personnel to carry out a program under section 32 of 25 the Act of August 24, 1935 (7 U.S.C. 612c; in this section February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 78 1 referred to as "section 32") in excess of $1,299,600,000 2 (exclusive of carryover appropriations from prior fiscal 3 years), as follows: Child Nutrition Programs Entitlement 4 Commodities-$485,000,000; State Option Contracts5 $5,000,000; Removal of Defective Commodities- 6 $2,500,000; Administration of Section 32 Commodity 7 Purchases-$35,853,000: Provided, That of the total 8 funds made available in the matter preceding this proviso 9 that remain unobligated on October 1, 2019, such unobli10 gated balances shall carryover into fiscal year 2020 and 11 shall remain available until expended for any of the pur12 poses of section 32, except that any such carryover funds 13 used in accordance with clause (3) of section 32 may not 14 exceed $350,000,000 and may not be obligated until the 15 Secretary of Agriculture provides written notification of 16 the expenditures to the Committees on Appropriations of 17 both Houses of Congress at least two weeks in advance: 18 Provided further, That, with the exception of any available 19 carryover funds authorized in any prior appropriations Act 20 to be used for the purposes of clause (3) of section 32, 21 none of the funds appropriated or otherwise made avail22 able by this or any other Act shall be used to pay the 23 salaries or expenses of any employee of the Department 24 of Agriculture to carry out clause (3) of section 32. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 79 1 SEC. 715. None of the funds appropriated by this or 2 any other Act shall be used to pay the salaries and ex3 penses of personnel who prepare or submit appropriations 4 language as part of the President's budget submission to 5 the Congress for programs under the jurisdiction of the 6 Appropriations Subcommittees on Agriculture, Rural De- 7 velopment, Food and Drug Administration, and Related 8 Agencies that assumes revenues or reflects a reduction 9 from the previous year due to user fees proposals that 10 have not been enacted into law prior to the submission 11 of the budget unless such budget submission identifies 12 which additional spending reductions should occur in the 13 event the user fees proposals are not enacted prior to the 14 date of the convening of a committee of conference for 15 the fiscal year 2020 appropriations Act. 16 SEC. 716. (a) None of the funds provided by this Act, 17 or provided by previous appropriations Acts to the agen18 cies funded by this Act that remain available for obligation 19 or expenditure in the current fiscal year, or provided from 20 any accounts in the Treasury derived by the collection of 21 fees available to the agencies funded by this Act, shall be 22 available for obligation or expenditure through a re23 programming, transfer of funds, or reimbursements as au24 thorized by the Economy Act, or in the case of the Depart25 ment of Agriculture, through use of the authority provided February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 80 1 by section 702(b) of the Department of Agriculture Or2 ganic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 3 Law 89-106 (7 U.S.C. 2263), that4 (1) creates new programs; 5 (2) eliminates a program, project, or activity; 6 ( 3) increases funds or personnel by any means 7 for any project or activity for which funds have been 8 denied or restricted; 9 (4) relocates an office or employees; ( 5) reorganizes offices, programs, or activities; 10 11 or 12 (6) contracts out or privatizes any functions or 13 activities presently performed by Federal employees; 14 unless the Secretary of Agriculture, or the Secretary of 15 Health and Human Services (as the case may be) notifies 16 in writing and receives approval from the Committees on 17 Appropriations of both Houses of Congress at least 30 18 days in advance of the reprogramming of such funds or 19 the use of such authority. 20 (b) None of the funds provided by this Act, or pro- 21 vided by previous Appropriations Acts to the agencies 22 funded by this Act that remain available for obligation or 23 expenditure in the current fiscal year, or provided from 24 any accounts in the Treasury derived by the collection of 25 fees available to the agencies funded by this Act, shall be February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 81 1 available for obligation or expenditure for activities, pro2 grams, or projects through a reprogramming or use of the 3 authorities referred to in subsection (a) involving funds 4 m excess of $500,000 or 10 percent, whichever is less, 5 that6 7 (1) augments existing programs, projects, or activities; 8 (2) reduces by 10 percent funding for any exist- 9 ing program, project, or activity, or numbers of per- 10 sonnel by 10 percent as approved by Congress; or 11 (3) results from any general savings from a re- 12 duction in personnel which would result in a change 13 in existing programs, activities, or projects as ap- 14 proved by Congress; unless the Secretary of Agri- 15 culture or the Secretary of Health and Human Serv- 16 ices (as the case may be) notifies in writing and re- 17 ceives approval from the Committees on Appropria- 18 tions of both Houses of Congress at least 30 days 19 in advance of the reprogramming or transfer of such 20 funds or the use of such authority. 21 (c) The Secretary of Agriculture or the Secretary of 22 Health and Human Services shall notify in writing and 23 receive approval from the Committees on Appropriations 24 of both Houses of Congress before implementing any pro25 gram or activity not carried out during the previous fiscal February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 82 1 year unless the program or activity is funded by this Act 2 or specifically funded by any other Act. 3 (d) None of the funds provided by this Act, or pro- 4 vided by previous Appropriations Acts to the agencies 5 funded by this Act that remain available for obligation or 6 expenditure in the current fiscal year, or provided from 7 any accounts in the Treasury derived by the collection of 8 fees available to the agencies funded by this Act, shall be 9 available for10 (1) modifying major capital investments fund- 11 ing levels, including information technology systems, 12 that involves increasing or decreasing funds in the 13 current fiscal year for the individual investment in 14 excess of $500,000 or 10 percent of the total cost, 15 whichever is less; 16 (2) realigning or reorganizing new, current, or 17 vacant positions or agency activities or functions to 18 establish a center, office, branch, or similar entity 19 with five or more personnel; or 20 (3) carrying out activities or functions that 21 were not described in the budget request; unless the 22 agencies funded by this Act notify, in writing, the 23 Committees on Appropriations of both Houses of 24 Congress at least 30 days in advance of using the 25 funds for these purposes. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 83 1 (e) As described in this section, no funds may be used 2 for any activities unless the Secretary of Agriculture or 3 the Secretary of Health and Human Services receives from 4 the Committee on Appropriations of both Houses of Con- 5 gress written or electronic mail confirmation of receipt of 6 the notification as required in this section. 7 SEC. 717. Notwithstanding section 310B(g)(5) of the 8 Consolidated Farm and Rural Development Act (7 U.S.C. 9 1932(g)(5)), the Secretary may assess a one-time fee for 10 any guaranteed business and industry loan in an amount 11 that does not exceed 3 percent of the guaranteed principal 12 portion of the loan. 13 SEC. 718. None of the funds appropriated or other- 14 wise made available to the Department of Agriculture, the 15 Food and Drug Administration, or the Farm Credit Ad16 ministration shall be used to transmit or otherwise make 17 available reports, questions, or responses to questions that 18 are a result of information requested for the appropria19 tions hearing process to any non-Department of Agri- 20 culture, non-Department of Health and Human Services, 21 or non-Farm Credit Administration employee. 22 SEC. 719. Unless otherwise authorized by existing 23 law, none of the funds provided in this Act, may be used 24 by an executive branch agency to produce any pre25 packaged news story intended for broadcast or distribution February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 84 1 in the United States unless the story includes a clear noti2 fication within the text or audio of the prepackaged news 3 story that the prepackaged news story was prepared or 4 funded by that executive branch agency. 5 SEC. 720. No employee of the Department of Agri- 6 culture may be detailed or assigned from an agency or 7 office funded by this Act or any other Act to any other 8 agency or office of the Department for more than 60 days 9 in a fiscal year unless the individual's employing agency 10 or office is fully reimbursed by the receiving agency or 11 office for the salary and expenses of the employee for the 12 period of assignment. 13 SEC. 721. For the purposes of determining eligibility 14 or level of program assistance for Rural Development pro15 grams the Secretary shall not include incarcerated prison 16 populations. 17 SEC. 722. Not later than 30 days after the date of 18 enactment of this Act, the Secretary of Agriculture, the 19 Commissioner of the Food and Drug Administration, and 20 the Chairman of the Farm Credit Administration shall 21 submit to the Committees on Appropriations of both 22 Houses of Congress a detailed spending plan by program, 23 project, and activity for all the funds made available under 24 this Act including appropriated user fees, as defined in 25 the joint explanatory statement accompanying this Act. February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CONF\DivB-Ag.xml 85 1 SEC. 723. Of the unobligated balances from amounts 2 made available for the supplemental nutrition program as 3 authorized by section 17 of the Child Nutrition Act of 4 1966 (42 U.S.C. 1786), $500,000,000 are hereby re- 5 scinded. 6 SEC. 724. The Secretary shall continue an inter- 7 mediary loan packaging program based on the pilot pro- 8 gram in effect for fiscal year 2013 for packaging and re- 9 viewing section 502 single family direct loans. The Seel O retary shall continue agreements with current inter11 mediary organizations and with additional qualified inter12 mediary organizations. The Secretary shall work with 13 these organizations to increase effectiveness of the section 14 502 single family direct loan program in rural commu- 15 nities and shall set aside and make available from the na16 tional reserve section 502 loans an amount necessary to 17 support the work of such intermediaries and provide a pri18 ority for review of such loans. 19 SEC. 725. For loans and loan guarantees that do not 20 require budget authority and the program level has been 21 established in this Act, the Secretary of Agriculture may 22 increase the program level for such loans and loan guaran23 tees by not more than 25 percent: Provided, That prior 24 to the Secretary implementing such an increase, the Sec25 retary notifies, in writing, the Committees on Appropria- February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CO NF\DivB-Ag.xml 86 1 tions of both Houses of Congress at least 15 days in ad2 vance. 3 SEC. 726. None of the credit card refunds or rebates 4 transferred to the Working Capital Fund pursuant to sec5 tion 729 of the Agriculture, Rural Development, Food and 6 Drug Administration, and Related Agencies Appropria7 tions Act, 2002 (7 U.S.C. 2235a; Public Law 107-76) 8 shall be available for obligation without written notifica9 tion to, and the prior approval of, the Committees on Ap10 propriations of both Houses of Congress: Provided, That 11 the refunds or rebates so transferred shall be available for 12 obligation only for the acquisition of plant and capital 13 equipment necessary for the delivery of financial, adminis14 trative, and information technology services of primary 15 benefit to the agencies of the Department of Agriculture. 16 SEC. 727. None of the funds made available by this 17 Act may be used to implement, administer, or enforce the 18 "variety" requirements of the final rule entitled "Enhanc19 ing Retailer Standards in the Supplemental Nutrition As20 sistance Program (SNAP)" published by the Department 21 of Agriculture in the Federal Register on December 15, 22 2016 (81 Fed. Reg. 90675) until the Secretary of Agri23 culture amends the definition of the term "variety" as de 24 fined in section 278.l(b)(l)(ii)(C) of title 7, Code of Fed25 eral Regulations, and "variety" as applied in the definition February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 87 1 of the term "staple food" as defined in section 271.2 of 2 title 7, Code of Federal Regulations, to increase the num3 ber of items that qualify as acceptable varieties in each 4 staple food category so that the total number of such items 5 in each staple food category exceeds the number of such 6 items in each staple food category included in the final 7 rule as published on December 15, 2016: Provided, That 8 until the Secretary promulgates such regulatory amend- 9 ments, the Secretary shall apply the requirements regard10 ing acceptable varieties and breadth of stock to Supple11 mental Nutrition Assistance Program retailers that were 12 in effect on the day before the date of the enactment of 13 the Agricultural Act of 2014 (Public Law 113-79). 14 SEC. 728. None of the funds made available by this 15 Act or any other Act may be used16 17 (1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or 18 (2) to prohibit the transportation, processing, 19 sale, or use of industrial hemp, or seeds of such 20 plant, that is grown or cultivated in accordance with 21 subsection section 7606 of the Agricultural Act of 22 2014, within or outside the State in which the indus- 23 trial hemp is grown or cultivated. 24 SEC. 729. In carrying out subsection (h) of section 25 502 of the Housing Act of 1949 (42 U.S.C. 1472), the February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 88 1 Secretary of Agriculture shall have the same authority 2 with respect to loans guaranteed under such section and 3 eligible lenders for such loans as the Secretary has under 4 subsections (h) and (j) of section 538 of such Act (42 5 U.S.C. 1490p-2) with respect to loans guaranteed under 6 such section 538 and eligible lenders for such loans. 7 SEC. 730. None of the funds made available by this 8 Act may be used to propose, promulgate, or implement 9 any rule, or take any other action with respect to, allowing 10 or requiring information intended for a prescribing health 11 care professional, in the case of a drug or biological prod12 uct subject to section 503(b)(l) of the Federal Food, 13 Drug, and Cosmetic Act (21 U.S.C. 353(b)(l)), to be dis14 tributed to such professional electronically (in lieu of in 15 paper form) unless and until a Federal law is enacted to 16 allow or require such distribution. 17 SEC. 731. None of the funds made available by this 18 Act may be used to notify a sponsor or otherwise acknowl19 edge receipt of a submission for an exemption for inves20 tigational use of a drug or biological product under section 21 505(i) of the Federal Food, Drug, and Cosmetic Act (21 22 U.S.C. 355(i)) or section 35l(a)(3) of the Public Health 23 Service Act (42 U.S.C. 262(a)(3)) in research in which 24 a human embryo is intentionally created or modified to 25 include a heritable genetic modification. Any such submis- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 89 1 sion shall be deemed to have not been received by the Sec2 retary, and the exemption may not go into effect. 3 SEC. 732. None of the funds made available by this 4 or any other Act may be used to carry out the final rule 5 promulgated by the Food and Drug Administration and 6 put into effect November 16, 2015, in regards to the haz7 ard analysis and risk-based preventive control require- 8 ments of the current good manufacturing practice, hazard 9 analysis, and risk-based preventive controls for food for 10 animals rule with respect to the regulation of the produc- 11 tion, distribution, sale, or receipt of dried spent grain by12 products of the alcoholic beverage production process. 13 SEC. 733. Funds made available under title II of the 14 Food for Peace Act (7 U.S.C. 1721 et seq.) may only be 15 used to provide assistance to recipient nations if adequate 16 monitoring and controls, as determined by the Adminis17 trator, are in place to ensure that emergency food aid is 18 received by the intended beneficiaries in areas affected by 19 food shortages and not diverted for unauthorized or inap20 propriate purposes. 21 SEC. 734. None of the funds made available by this 22 Act may be used by the Secretary of Agriculture, acting 23 through the Food and Nutrition Service, to commence any 24 new research and evaluation projects until the Secretary 25 submits to the Committees on Appropriations of both February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 90 1 Houses of Congress a research and evaluation plan for fis- 2 cal year 2019, prepared in coordination with the Research, 3 Education, and Economics mission area of the Depart4 ment of Agriculture, and a period of 30 days beginning 5 on the date of the submission of the plan expires to permit 6 Congressional review of the plan. 7 SEC. 735. There is hereby appropriated $10,000,000, 8 to remain available until expended, to carry out section 9 6407 of the Farm Security and Rural Investment Act of 10 2002 (7 U.S.C. 8107a): Provided, That the Secretary may 11 allow eligible entities, or comparable entities that provide 12 energy efficiency services using their own billing mecha13 nism to offer loans to customers in any part of their serv14 ice territory and to offer loans to replace a manufactured 15 housing unit with another manufactured housing unit, if 16 replacement would be more cost effective in saving energy. 17 SEC. 736. (a) The Secretary of Agriculture shall- 18 (1) conduct audits in a manner that evaluates 19 the following factors in the country or region being 20 audited, as applicable- 21 (A) veterinary control and oversight; 22 (B) disease history and vaccination prac- 23 24 25 ·February 12, 2019 (5:15 p.m.) tices; (C) traceability; livestock demographics and SEN. APPRO. U:\2019CONF\DivB-Ag.xml 91 (D) epidemiological separation from poten- 1 2 tial sources of infection; 3 (E) surveillance practices; 4 (F) diagnostic laboratory capabilities; and 5 (G) emergency preparedness and response; 6 and 7 (2) promptly make publicly available the final 8 reports of any audits or reviews conducted pursuant 9 to subsection (1). 10 (b) This section shall be applied in a manner con- 11 sistent with United States obligations under its inter12 national trade agreements. 13 SEC. 737. No food that bears or contains partially 14 hydrogenated oils (as defined in the order published by 15 the Food and Drug Administration in the Federal Reg16 ister on June 17, 2015 (80 Fed. Reg. 34650 et seq.)) shall 17 be considered to be adulterated within the meaning of sub18 section (a)(l) or (a)(2)(C)(i) of section 402 of the Federal 19 Food, Drug, and Cosmetic Act (21 U.S.C. 342(a)) because 20 such food contains such partially hydrogenated oils until 21 the applicable compliance dates specified by FDA in the 22 Federal Register on May 21, 2018 (83 Fed. Reg. 23358 23 et seq.). 24 SEC. 738. For fiscal years 2019 through 2025, the 25 Administrators of the Agricultural Research Service and February 12, 2019 (5:15 p.m.) · SEN. APPRO. U:\2019CONF\DivB-Ag..xml 92 1 the Animal and Plant Health Inspection Service may 2 make not to exceed 50 appointments in any fiscal year 3 for employees of such agencies at the National Bio- and 4 Agro-defense Facility (NBAF) in Manhattan, Kansas: 5 Provided, That such appointments may be made in the 6 manner provided by 7 U.S.C. 7657(b)( 4)(A)(i-v): Pro- 7 vided further, That such appointments may be made at 8 a rate of basic pay that exceeds the rate payable for such 9 positions under the General Schedule or other applicable 10 schedule, as appropriate, but may not be more than the 11 rate payable for a position at level I of the Executive 12 Schedule, unless the rate is approved by the President 13 under section 5377(d)(2) of title 5. 14 SEC. 739. There is hereby appropriated $1,000,000 15 for the Secretary to carry out a pilot program that pro16 vides forestry inventory analysis, forest management and 17 economic outcomes modelling for certain currently en18 rolled Conservation Reserve Program participants. The 19 Secretary shall allow the Commodity Credit Corporation 20 to enter into agreements with and provide grants to quali21 fied non-profit organizations dedicated to conservation, 22 forestry and wildlife habitats, that also have experience in 23 conducting accurate forest inventory analysis through the 24 use of advanced, cost-effective technology. The Secretary 25 shall focus the analysis on lands enrolled for at least eight February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CONF\DivB-Ag.xml 93 1 years and located in areas with a substantial concentration 2 of acres enrolled under conservation practices devoted to 3 multiple bottomland hardwood tree species including 4 CP03, CP03A, CPll, CP22, CP31 and CP40. 5 SEC. 740. In addition to amounts otherwise made 6 available by this Act and notwithstanding the last sentence 7 of 16 U.S.C. 1310, there is appropriated $4,000,000, to 8 remain available until expended, to implement non-renew9 able agreements on eligible lands, including flooded agri- 10 cultural lands, as determined by the Secretary, under the 11 Water Bank Act (16 U.S.C. 1301-1311). 12 SEC. 741. There is hereby appropriated $1,996,000 13 to carry out section 1621 of Public Law 110-246. 14 SEC. 742. None of the funds made available by this 15 Act may be used to carry out any activities or incur any 16 expense related to the issuance of licenses under section 17 3 of the Animal Welfare Act (7 U.S.C. 2133), or the re18 newal of such licenses, to class B dealers who sell dogs 19 and cats for use in research, experiments, teaching, or 20 testing. 21 SEC. 743. There is appropriated $6,000,000 to the 22 Commodity Credit Corporation, in addition to amounts 23 otherwise made available, for section 1110(f)(3) of the 24 Food Security Act of 1985 (7 U.S.C. 1736o(f)(3)). February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 94 1 SEC. 7 44. (a)(l) No Federal funds made available for 2 this fiscal year for the rural water, waste water, waste dis3 posal, and solid waste management programs authorized 4 by sections 306, 306A, 306C, 306D, 306E, and 310B of 5 the Consolidated Farm and Rural Development Act (7 6 U.S.C. 1926 et seq.) shall be used for a project for the 7 construction, alteration, maintenance, or repair of a public 8 water or wastewater system unless all of the iron and steel 9 products used in the project are produced in the United 10 States. 11 (2) In this section, the term "iron and steel products" 12 means the following products made primarily of iron or 13 steel: lined or unlined pipes and fittings, manhole covers 14 and other municipal castings, hydrants, tanks, flanges, 15 pipe clamps and restraints, valves, structural steel, rem16 forced precast concrete, and construction materials. 17 (b) Subsection (a) shall not apply in any case or cat- 18 egory of cases in which the Secretary of Agriculture (in 19 this section referred to as the "Secretary") or the designee 20 of the Secretary finds that21 22 (1) applying subsection (a) would be inconsistent with the public interest; 23 (2) iron and steel products are not produced in 24 the United States in sufficient and reasonably avail- 25 able quantities or of a satisfactory quality; or February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 95 1 ( 3) inclusion of iron and steel products pro- 2 duced in the United States will increase the cost of 3 the overall project by more than 25 percent. 4 (c) If the Secretary or the designee receives a request 5 for a waiver under this section, the Secretary or the des6 ignee shall make available to the public on an informal 7 basis a copy of the request and information available to 8 the Secretary or the designee concerning the request, and 9 shall allow for informal public input on the request for 10 at least 15 days prior to making a finding based on the 11 request. The Secretary or the designee shall make the re12 quest and accompanying information available by elec13 tronic means, including on the official public Internet Web 14 site of the Department. 15 (d) This section shall be applied in a manner con- 16 sistent with United States obligations under international 17 agreements. 18 (e) The Secretary may retain up to 0.25 percent of 19 the funds appropriated in this Act for "Rural Utilities 20 Service-Rural Water and Waste Disposal Program Ac21 count" for carrying out the provisions described in sub22 section (a) (1) for management and oversight of the re23 quirements of this section. 24 (f) Subsection (a) shall not apply with respect to a 25 project for which the engineering plans and specifications February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 96 1 include use of iron and steel products otherwise prohibited 2 by such subsection if the plans and specifications have re3 ceived required approvals from State agencies prior to the 4 date of enactment of this Act. 5 (g) For purposes of this section, the terms "United 6 States" and "State" shall include each of the several 7 States, the District of Columbia, and each federally recog8 nized Indian tribe. 9 SEC. 7 45. The Secretary shall set aside for Rural 10 Economic Area Partnership (REAP) Zones, until August 11 15, 2019, an amount of funds made available in title III 12 under the headings of Rural Housing Insurance Fund 13 Program Account, Mutual and Self-Help Housing Grants, 14 Rural Housing Assistance Grants, Rural Community Fa15 cilities Program Account, Rural Business Program Ac16 count, Rural Development Loan Fund Program Account, 17 and Rural Water and Waste Disposal Program Account, 18 equal to the amount obligated in REAP Zones with re19 spect to funds provided under such headings in the most 20 recent fiscal year any such funds were obligated under 21 such headings for REAP Zones. 22 SEC. 7 46. There is hereby appropriated $1,000,000, 23 to remain available until expended, for a pilot program 24 for the Secretary to provide grants to qualified non-profit 25 organizations and public housing authorities to provide February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 97 1 technical assistance, including financial and legal services, 2 to RHS multi-family housing borrowers to facilitate the 3 acquisition of RHS multi-family housing properties in 4 areas where the Secretary determines a risk of loss of af- 5 fordable housing, by non-profit housing organizations and 6 public housing authorities as authorized by law that com7 mit to keep such properties in the RHS multi-family hous8 ing program for a period of time as determined by the 9 Secretary. 10 SEC. 7 4 7. None of the funds appropriated by this Act 11 may be used in any way, directly or indirectly, to influence 12 congressional action on any legislation or appropriation 13 matters pending before Congress, other than to commu- 14 nicate to Members of Congress as described in 18 U.S.C. 15 1913. 16 SEC. 7 48. (a) The Secretary of Agriculture (referred 17 to in this section as the "Secretary") shall carry out a 18 pilot program during fiscal year 2019 with respect to the 19 2018 crop year for county-level agriculture risk coverage 20 payments under section 111 7 (b) (1) of the Agricultural Act 21 of 2014 (7 U.S.C. 9017(b)(l)), that provides all or some 22 of the State Farm Service Agency offices in each State 23 the opportunity to provide agricultural producers in the 24 State a supplemental payment described in subsection (c) 25 based on the alternate calculation method described in February 12, 2019 (5:15 p.m.) SEN. APPRO. U :\2019CONF\DivB-Ag.xml 98 1 subsection (b) for 1 or more counties in a State if the 2 office for that State determines that the alternate calcula- 3 tion method is necessary to ensure that, to the maximum 4 extent practicable, there are not significant yield calcula- 5 tion disparities between comparable counties in the State. 6 (b) The alternate calculation method referred to in 7 subsection (a) is a method of calculating the actual yield 8 for the 2018 crop year for county-level agriculture risk 9 coverage payments under section 111 7 (b) ( 1) of the Agri10 cultural Act of 2014 (7 U.S.C. 9017(b)(l)), under 11 which12 (1) county data of the National Agricultural 13 Statistics Service (referred to in this section as 14 "NASS data") is used for the calculations; 15 (2) if there is insufficient NASS data for a 16 county (as determined under standards of the Sec- 17 retary in effect as of the date of enactment of this 18 Act) or the available NASS data produces a sub- 19 stantially disparate result, the calculation of the 20 county yield is determined using comparable contig- 21 uous county NASS data as determined by the Farm 22 Service Agency office in the applicable State; and 23 (3) if there is insufficient NASS data for a 24 comparable contiguous county (as determined under 25 standards of the Secretary in effect as of the date February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 99 1 of enactment of this Act), the calculation of the 2 county yield is determined using reliable yield data 3 from other sources, such as Risk Management Agen- 4 cy data, National Agricultural Statistics Service dis- 5 trict data, National Agricultural Statistics Service 6 State yield data, or other data as determined by the 7 Farm Service Agency office in the applicable State. 8 (c) (1) A supplemental payment made under the pilot 9 program established under this section may be made to 10 an agricultural producer who is subject to the alternate 11 calculation method described in subsection (b) if that agri12 cultural producer would otherwise receive a county-level 13 agriculture risk coverage payment for the 2018 crop year 14 in an amount that is less than the payment that the agri- 15 cultural producer would receive under the alternate cal16 culation method. 17 (2) The amount of a supplemental payment to an ag- 18 ricultural producer under this section may not exceed the 19 difference between- ., 20 (A) the payment that the agricultural producer 21 would have received without the alternate calculation 22 method described in subsection (b); and 23 (B) the payment that the agricultural producer 24 would receive using the alternate calculation method. February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 100 1 (d) (1) There is appropriated to the Secretary, out of 2 funds of the Treasury not otherwise appropriated, 3 $5,000,000, to remain available until September 30, 2020, 4 to carry out the pilot program described in this section. 5 (2) Of the funds appropriated, the Secretary shall use 6 not more than $5,000,000 to carry out the pilot program 7 described in this section. 8 (e)(l) To the maximum extent practicable, the Sec- 9 retary shall select States to participate in the pilot pro10 gram under this section so the cost of the pilot program 11 equals the amount provided under subsection (d). 12 (2) To the extent that the cost of the pilot program 13 exceeds the amount made available, the Secretary shall re- 14 duce all payments under the pilot program on a pro rata 15 basis. 16 (f) Nothing in this section affects the calculation of 17 actual yield for purposes of county-level agriculture risk 18 coverage payments under section 111 7 (b) (1) of the Agri19 cultural Act of 2014 (7 U.S.C. 9017(b)(l)) other than 20 payments made in accordance with the pilot program 21 under this section. 22 (g) A calculation of actual yield made using the alter- 23 nate calculation method described in subsection (b) shall 24 not be used as a basis for any agriculture risk coverage 25 payment determinations under section 1117 of the Agri- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 101 1 cultural Act of 2014 (7 U.S.C. 9017) other than for pur2 poses of the pilot program under this section. 3 SEC. 749. None of the funds made available by this 4 Act may be used to procure raw or processed poultry prod5 ucts imported into the United States from the People's 6 Republic of China for use in the school lunch program 7 under the Richard B. Russell National School Lunch Act 8 (42 U.S.C. 1751 et seq.), the Child and Adult Care Food 9 Program under section 17 of such Act (42 U.S.C. 1766), 10 the Summer Food Service Program for Children under 11 section 13 of such Act (42 U.S.C. 1761), or the school 12 breakfast program under the Child Nutrition Act of 1966 13 (42 U.S.C. 1771 et seq.). 14 SEC. 750. None of the funds made available by this 15 Act may be used to pay the salaries or expenses of per16 sonnel17 18 (1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603); 19 (2) to inspect horses under section 903 of the 20 Federal Agriculture Improvement and Reform Act of 21 1996 (7 U.S.C. 1901 note; Public Law 104-127); or 22 (3) to implement or enforce section 352.19 of 23 title 9, Code of Federal Regulations (or a successor 24 regulation). February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xrnl 102 1 SEC. 751. In response to an eligible community where 2 the drinking water supplies are inadequate due to a nat3 ural disaster, as determined by the Secretary, including 4 drought or severe weather, the Secretary may provide po5 table water through the Emergency Community Water As6 sistance Grant Program for an additional period of time 7 not to exceed 120 days beyond the established period pro8 vided under the Program in order to protect public health. 9 SEC. 752. Of the total amounts made available by 10 this Act for direct loans and grants in the following head11 ings: "Rural Housing Service-Rural Housing Insurance 12 Fund Program Account"; "Rural Housing Service-Mu- 13 tual and Self-Help Housing Grants"; "Rural Housing 14 Service-Rural Housing Assistance Grants"; "Rural 15 Housing Service-Rural Community Facilities Program 16 Account"; "Rural Business-Cooperative Service-Rural 17 Business Program Account"; "Rural Business-Coopera- 18 tive Service-Rural Economic Development Loans Pro19 gram Account"; "Rural Business-Cooperative Service- 20 Rural Cooperative Development Grants"; "Rural Utilities 21 Service-Rural Water and Waste Disposal Program Ac22 count"; "Rural Utilities Service-Rural Electrification 23 and Telecommunications Loans Program Account"; and 24 "Rural Utilities Service-Distance Learning, Telemedi25 cine, and Broadband Program", to the maximum extent February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 103 1 feasible, at least 10 percent of the funds shall be allocated 2 for assistance in persistent poverty counties under this 3 section, including, notwithstanding any other provision re4 garding population limits, any county seat of such a per5 sistent poverty county that has a population that does not 6 exceed the authorized population limit by more than 10 7 percent: Provided, That for purposes of this section, the 8 term "persistent poverty counties" means any county that 9 has had 20 percent or more of its population living in pov10 erty over the past 30 years, as measured by the 1980, 11 1990, and 2000 decennial censuses, and 2007-2011 12 American Community Survey 5-year average: Provided 13 further, That with respect to specific activities for which 14 program levels have been made available by this Act that 15 are not supported by budget authority, the requirements 16 of this section shall be applied to such program level. 17 SEC. 753. (a) No funds shall be used to finalize the 18 proposed rule entitled "Eligibility of the People's Republic 19 of China (PRC) to Export to the United States Poultry 20 Products from Birds Slaughtered in the PRC'' published 21 in the Federal Register by the Department of Agriculture 22 on June 16, 2017 (82 Fed. Reg. 27625), unless the Sec23 retary of Agriculture shall- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 104 1 (1) ensure that the poultry slaughter inspection 2 system for the PRC is equivalent to that of the 3 United States; 4 (2) ensure that, before any poultry products 5 can enter the United States from any such poultry 6 plant, such poultry products comply with all other 7 applicable requirements for poultry products m 8 interstate commerce in the United States; 9 (3) conduct periodic verification reviews and au- 10 dits of any such plants in the PRC intending to ex- 11 port into the United States processed poultry prod- 12 ucts; 13 (4) conduct re-inspection of such poultry prod- 14 ucts at United States ports-of-entry to check the 15 general condition of such products, for the proper 16 certification and labeling of such products, and for 17 any damage to such products that may have oc- 18 curred during transportation; and 19 (5) ensure that shipments of any such poultry 20 products selected to enter the United States are sub- 21 ject to additional re-inspection procedures at appro- 22 priate levels to verify that the products comply with 23 relevant Federal regulations or standards, including 24 examinations for product defects and laboratory 25 analyses to detect harmful chemical residues or February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 105 1 pathogen testing appropriate for the products m- 2 volved. 3 (b) This section shall be applied in a manner con- 4 sistent with obligations of the United States under any 5 trade agreement to which the United States is a party. 6 SEC. 754. In addition to any other funds made avail- 7 able in this Act or any other Act, there is appropriated 8 $5,000,000 to carry out section 18(g)(8) of the Richard 9 B. Russell National School Lunch Act (42 U.S.C. 10 1769(g)), to remain available until expended. 11 SEC. 755. None of the funds made available by this 12 Act may be used by the Food and Drug Administration 13 to develop, issue, promote, or advance any regulations ap14 plicable to food manufacturers for population-wide sodium 15 reduction actions or to develop, issue, promote or advance 16 final guidance applicable to food manufacturers for long 17 term population-wide sodium reduction actions until the 18 date on which a dietary reference intake report with re19 spect to sodium is completed. 20 SEC. 756. There is hereby appropriated $2,000,000, 21 to remain available until September 30, 2020, for the cost 22 of loans and grants that is consistent with section 4206 23 of the Agricultural Act of 2014, for necessary expenses 24 of the Secretary to support projects that provide access 25 to healthy food in underserved areas, to create and pre- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 106 1 serve quality jobs, and to revitalize low-income commu2 nities. 3 SEC. 757. For an additional amount for "Animal and 4 Plant Health Inspection Service-Salaries and Expenses'', 5 $8,500,000, to remain available until September 30, 2020, 6 for one-time control and management and associated ac7 tivities directly related to the multiple-agency response to 8 citrus greening. 9 SEC. 758. None of the funds made available by this 10 or any other Act may be used to enforce the final rule 11 promulgated by the Food and Drug Administration enti12 tled "Standards for the Growing, Harvesting, Packing, 13 and Holding of Produce for Human Consumption," and 14 published on November 2 7, 2015, with respect to the regu15 lation of the production, distribution, sale, or receipt of 16 grape varietals that are grown, harvested and used solely 17 for wine and receive commercial processing that ade18 quately reduces the presence of microorganisms of public 19 health significance. 20 SEC. 759. None of the funds made available by this 21 Act may be used to revoke an exception made22 (1) pursuant to the final rule of the Depart- 23 ment of Agriculture entitled "Exceptions to Geo- 24 graphic Areas for Official Agencies Under the February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 107 1 USGSA" (68 Fed. Reg. 19137 (April 18, 2003)); 2 and 3 4 (2) on a date before April 14, 2017. SEC. 760. For school year 2019-2020, only a school 5 food authority that had a negative balance in the nonprofit 6 school food service account as of December 31, 2018, shall 7 be required to establish a price for paid lunches in accord- 8 ance with Section 12(p) of the Richard B. Russell Na9 tional School Lunch Act, 42 U.S.C. 1760(p). 10 SEC. 761. There is hereby appropriated $16,000,000, 11 to remain available until expended, for an additional 12 amount for telemedicine and distance learning services in 13 rural areas, as authorized by 7 U.S.C. 950aaa et seq., to 14 help address the opioid epidemic in rural America. 15 SEC. 762. (a) There is hereby appropriated 16 $125,000,000, to remain available until expended, for an 17 additional amount for Sec. 779 of Public Law 115-141. 18 (b) Section 313 of the Rural Electrification Act of 19 1936, as amended (7 U.S.C. 940c), shall be applied for 20 fiscal year 2019 and each fiscal year thereafter until the 21 specified funding has been expended as if the following 22 were inserted after the final period in subsection (b)(2): 23 "In addition, the Secretary shall use $425,000,000 of 24 funds available in this subaccount in fiscal year 2019 for 25 an additional amount for the same purpose and under the February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 108 1 same terms and conditions as funds appropriated by Sec. 2 779 of Public Law 115-141.": Provided, That any use of 3 such funds shall be treated as a reprogramming of funds 4 under section 716 of this Act. 5 SEC. 763. For an additional amount for the cost of 6 direct loans and gTants made under the "Rural Water and 7 Waste Disposal Program Account", $75,000,000, to re8 main available until expended. 9 SEC. 764. There is hereby appropriated $5,000,000, 10 to remain available until September 30, 2020, for a pilot 11 program for the National Institute of Food and Agri12 culture to provide grants to nonprofit organizations for 13 programs and services to establish and enhance farming 14 and ranching opportunities for military veterans. 15 SEC. 765. Not later than September 30, 2019, the 16 Secretary of Health and Human Services shall finalize the 17 draft guidance for industry entitled "Bacterial Risk Con18 trol Strategies for Blood Collection Establishments and 19 Transfusion Services to Enhance the Safety and Avail20 ability of Platelets for Transfusion" issued by the Food 21 and Drug Administration in March of 2016. 22 SEC. 766. Not later than 180 days after the date of 23 the enactment of this section, the Secretary of Agriculture 24 shall submit a report to the Committees on Appropriations 25 of both Houses of Congress that includes a summary of February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 109 1 the process used in establishing the 2020-2025 Dietary 2 Guidelines for Americans published pursuant to section 3 301 of the National Nutrition Monitoring and Related Re4 search Act of 1990 (7 U.S.C. 5341) and an explanation 5 with respect to the decision to incorporate or exclude in 6 such Dietary Guidelines for Americans recommendations 7 from the report by the National Academies of Science, En8 gineering, and Medicine entitled "Redesigning the Process 9 for Establishing the Dietary Guidelines for Americans" 10 and issued September, 2017. 11 SEC. 767. None of the funds made available by this 12 Act shall be used to implement, administer, or enforce the 13 requirement in the final rule entitled "Food Labeling: Re14 vision of the Nutrition and Supplement Facts Labels", 15 published in the Federal Register on May 27, 2016 (81 16 Fed. Reg. 33742), that any single ingredient sugar, honey, 17 agave, or syrup (including maple syrup) that is packaged 18 and offered for sale as a single ingredient food bear the 19 declaration "Includes 'X'g Added Sugars". 20 SEC. 768. None of the funds made available by this 21 Act may be used to implement or enforce the matter fol- 22 lowing the first comma in the second sentence of footnote 23 (c) of section 220.8(c) of title 7, Code of Federal Regula24 tions, with respect to the substitution of vegetables for 25 fruits under the school breakfast program established February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 110 1 under section 4 of the Child Nutrition Act of 1966 (42 2 U.S.C. 1773). 3 SEC. 769. The Secretary of Agriculture shall provide 4 to any State or county impacted by a volcanic eruption 5 covered by a major disaster declared by the President in 6 calendar year 2018 in accordance with section 401 of the 7 Robert T. Stafford Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5170) technical assistance9 10 11 (1) to assess damage to agricultural production and rural infrastructure; and (2) to develop recovery plans for impacted 12 farmers, ranchers, and rural communities. 13 SEC. 770. (a) The Secretary of Agriculture, in coordi- 14 nation with the Administrator of the National Oceanic and 15 Atmospheric Administration, shall establish a working 16 group (referred to in this section as the "working 17 group")18 (1) to study how mangroves, kelp forests, tidal 19 marshes, and seagrass meadows could help deacidify 20 the oceans; 21 (2) to study emerging ocean farming practices 22 that use kelp and seagrass to deacidify the oceans 23 while providing feedstock for agriculture and other 24 commercial and industrial inputs; and February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 111 1 (3) to coordinate and conduct research to de- 2 velop and enhance pilot-scale research for farming of 3 kelp and seagrass in order- 4 (A) to deacidify ocean environments; 5 (B) to produce a feedstock for agriculture; 6 and 7 (C) to develop other scalable commercial 8 applications for kelp, seagrass, or products de- 9 rived from kelp or seagrass. 10 (b) The working group shall include- 11 (1) the Secretary of Agriculture; 12 (2) the Administrator of the National Oceanic 13 and Atmospheric Administration; 14 (3) representatives of any relevant offices with- 15 in the National Oceanic and Atmospheric Adminis- 16 tration; and 17 (4) the Assistant Secretary of Energy for En- 18 ergy Efficiency and Renewable Energy. 19 (c) Not later than 2 years after the date of enactment 20 of this Act, the working group shall submit to Congress 21 a report that includes22 23 24 25 February 12, 2019 (5:15 p.m.) (1) the findings of the research described m subsection (a); (2) the results of the pilot-scale research described in subsection (a)(3); and SEN. APPRO. U:\2019CONF\DivB-Ag.xml 112 1 (3) any policy recommendations based on those 2 findings and results. 3 SEC. 771. Not later than 180 days after the date of 4 enactment of this Act, the Secretary of Agriculture shall 5 submit to Congress a report describing the ways in which 6 conservation programs administered by the Natural Re7 sources Conservation Service may be better used for the 8 conservation of ocelots (Leopardus pardalis) and any ac9 tion taken by the Chief of the Natural Resources Con10 servation Service relating to the conservation of ocelots. 11 SEC. 772. Not later than 1 year after the date of 12 enactment of this Act, the Rural Housing Service of the 13 Department of Agriculture shall submit to Congress a re14 port including15 (1) a description of- 16 (A) the number of properties assisted 17 under title V of the Housing Act of 1949 (42 18 U.S.C. 1471 et seq.) that are reaching the end 19 of their loan term; 20 21 22 23 February 12, 2019 (5:15 p.m.) (B) the location of each property described in subparagraph (A); (C) the number of units in each property described in subparagraph (A); and U:\2019CONF\DivB-Ag.xml SEN. APPRO. 113 1 (D) the date on which each the loan for 2 each property described in subparagraph (A) is 3 expected to reach maturity; 4 (2) the strategy of the Rural Housing Service 5 to preserve the long-term affordability of the prop- 6 erties described in paragraph (l)(A) when the loan 7 matures; and 8 (3) a description of the resources and tools that 9 the Rural Housing Service needs from Congress in 10 order to preserve the long-term affordability of the 11 properties described in paragraph (1) (A). 12 SEC. 773. Out of amounts appropriated to the Food 13 and Drug Administration under title VI, the Secretary of 14 Health and Human Services, acting through the Commis15 sioner of Food and Drugs, shall, not later than July 1, 16 2019, and following the review required under Executive 17 Order 12866 (5 U.S.C. 601 note; relating to regulatory 18 planning and review), issue advice revising the advice pro19 vided in the notice of availability entitled ''Advice A.bout 20 Eating Fish, From the Environmental Protection Agency 21 and Food and Drug Administration; Revised Fish Advice; 22 Availability" (82 Fed. Reg. 6571 (January 19, 2017)), in 23 a manner that is consistent with nutrition science recog24 nized by the Food and Drug Administration on the net 25 effects of seafood consumption. February 12, 2019 (5:15 p.m.) U:\2019CONF\DivB-Ag.xml SEN. APPRO. 114 1 SEC. 77 4. In addition to any funds made available 2 in this Act or any other Act, there is hereby appropriated 3 $5,000,000, to remain available until September 30, 2020, 4 for grants from the National Institute of Food and Agri5 culture to the 1890 Institutions to support the Centers 6 of Excellence. 7 SEC. 775. Section 6(e)(l)(B) of the Richard B. Rus- 8 sell National School Lunch Act (42 U.S.C. 1755(e)(l)(B)) 9 is amended by striking "September 30, 2020" and insert10 ing "September 30, 2018". 11 SEC. 776. During fiscal year 2019, the Food and 12 Drug Administration shall not allow the introduction or 13 delivery for introduction into interstate commerce of any 14 food that contains genetically engineered salmon until the 15 FDA publishes final labeling guidelines for informing con16 sumers of such content. 17 SEC. 777. In addition to funds appropriated in this 18 Act, there is hereby appropriated $216,000,000, to remain 19 available until expended, under the heading "Food for 20 Peace Title II Grants": Provided, That the funds made 21 available under this section shall be used for the purposes 22 set forth in the Food for Peace Act for both emergency 23 and non-emergency purposes. 24 SEC. 778. There is appropriated to the "Farm Serv- 25 ice Agency" $9,000,000 for purposes of making payments February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 115 1 to producers impacted by an oriental fruit fly quarantine 2 as referenced in H.Rpt.115-232 to remain available until 3 expended: Provided, That of the unobligated balances 4 available under Treasury symbol code 12 18/19 0600, 5 $5,000,000 are rescinded. 6 SEC. 779. In administering the pilot program estab- 7 lished by section 779 of division A of the Consolidated Ap8 propriations Act, 2018 (Public Law 115-141), the Sec9 retary of Agriculture shall10 (1) ensure that applicants that are determined 11 to be ineligible for the pilot program have a means 12 of appealing or otherwise challenging that deter- 13 mination in a timely fashion; and 14 (2) in determining whether an entity may over- 15 build or duplicate broadband expansion efforts made 16 by any entity that has received a broadband loan 17 from the Rural Utilities Service, not consider loans 18 that were rescinded or defaulted on, or loans the 19 terms and conditions of which were not met, if the 20 entity under consideration has not previously de- 21 faulted on, or failed to meet the terms and condi- 22 tions of, a Rural Utilities Service loan or had a 23 Rural Utilities Service loan rescinded. 24 SEC. 780. For the cost of loans and grants, 25 $3,000,000 under the same terms and conditions as au- February 12, 2019 (5:15 p.m.) SEN. APPRO. U:\2019CONF\DivB-Ag.xml 116 1 thorized by section 379E of the Consolidated Farm and 2 Rural Development Act (7 U.S.C. 2008s): Provided, That 3 such costs of loans, including the cost of modifying such 4 loans, shall be as defined in section 502 of the Congres5 sional Budget Act of 1974. 6 This division may be cited as the ''Agriculture, Rural 7 Development, Food and Drug Administration, and Re8 lated Agencies Appropriations Act, 2019". February 12, 2019 (5:15 p.m.) U:\2019CONF\DivC-CJS.xml 1 DIVISION SEN. APPRO. C-COMMERCE, JUSTICE, 2 SCIENCE, AND RELATED AGENCIES 3 APPROPRIATIONS ACT, 2019 4 TITLE I 5 DEPARTMENT OF COMMERCE 6 INTERNATIONAL TRADE ADMINISTRA.TION 7 OPERA.TIONS AND ADl\IINISTRA.TION 8 For necessary expenses for international trade activi- 9 ties of the Department of Commerce provided for by law, 10 and for engaging in trade promotional activities abroad, 11 including expenses of grants and cooperative agreements 12 for the purpose of promoting exports of United States 13 firms, without regard to sections 3702 and 3703 of title 14 44, United States Code; full medical coverage for depend15 ent members of immediate families of employees stationed 16 overseas and employees temporarily posted overseas; travel 17 and transportation of employees of the International 18 Trade Administration between two points abroad, without 19 regard to section 40118 of title 49, United States Code; 20 employment of citizens of the United States and aliens by 21 contract for services; rental of space abroad for periods 22 not exceeding 10 years, and expenses of alteration, repair, 23 or improvement; purchase or construction of temporary 24 demountable exhibition structures for use abroad; payFebruary 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 2 1 ment of tort claims, in the manner authorized in the first 2 paragraph of section 2672 of title 28, United States Code, 3 when such claims arise in foreign countries; not to exceed 4 $294,300 for official representation expenses abroad; pur5 chase of passenger motor vehicles for official use abroad, 6 not to exceed $45,000 per vehicle; obtaining insurance on 7 official motor vehicles; and rental of tie lines, 8 $49-5,000,000, to remain available until September 30, 9 2020, of which $11,000,000 is to be derived from fees to 10 be retained and used by the International Trade Adminis11 tration, notwithstanding section 3302 of title 31, United 12 States Code: Provided, That, of amounts provided under 13 this heading, not less than $16,400,000 shall be for China 14 antidumping and countervailing duty enforcement and 15 compliance activities: Provided further, That the provisions 16 of the first sentence of section 105(f) and all of section 17 108(c) of the Mutual Educational and Cultural Exchange 18 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 19 in carrying out these activities; and that for the purpose 20 of this Act, contributions under the provisions of the Mu- 21 tual Educational and Cultural Exchange Act of 1961 shall 22 include payment for assessments for services provided as 23 part of these activities. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 3 1 BUREAU OF INDUSTRY AND SECURITY 2 OPERATIONS AND ADMINISTRATION 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses for export administration and 5 national security activities of the Department of Com6 merce, including costs associated with the performance of 7 export administration field activities both domestically and 8 abroad; full medical coverage for dependent members of 9 immediate families of employees stationed overseas; em- 10 ployment of citizens of the United States and aliens by 11 contract for services abroad; payment of tort claims, in 12 the manner authorized in the first paragraph of section 13 2672 of title 28, United States Code, when such claims 14 arise in foreign countries; not to exceed $13,500 for offi- 15 cial representation expenses abroad; awards of compensa16 tion to informers under the Export Control Reform Act 17 of 2018 (subtitle B of title XVII of the John S. McCain 18 National Defense Authorization Act for Fiscal Year 2019; 19 Public Law 115-232; 132 Stat. 2208; 50 U.S.C. 4801 et 20 seq.), and as authorized by section l(b) of the Act of June 21 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase 22 of passenger motor vehicles for official use and motor vehi23 cles for law enforcement use with special requirement vehi24 cles eligible for purchase without regard to any price limi25 tation otherwise established by law, $118,050,000, to re- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 4 1 main available until expended, except that of the amount 2 appropriated, not less than $4,550,000 shall remain avail3 able until September 30, 2019, and shall only be available 4 for contractor support to implement the product exclusion 5 process for articles covered by actions taken under section 6 232 of the Trade Expansion Act of 1962 (19 U.S.C. 7 1862): Provided, That the provisions of the first sentence 8 of section 105(f) and all of section 108(c) of the Mutual 9 Educational and Cultural Exchange Act of 1961 (22 10 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out 11 these activities: Provided further, That payments and con12 tributions collected and accepted for materials or services 13 provided as part of such activities may be retained for use 14 in covering the cost of such activities, and for providing 15 information to the public with respect to the export admin16 istration and national security activities of the Depart17 ment of Commerce and other export control programs of 18 the United States and other governments: Provided fur19 ther, That the Secretary of Commerce may transfer up 20 to $2,000,000 to this account, from funds available for 21 "Departmental Management, Salaries and Expenses" or 22 for "Departmental Management, Renovation and Mod23 ernization'': Provided further, That any funds transferred 24 pursuant to the previous proviso shall remain available 25 until September 30, 2019, and shall only be available for February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 5 1 contractor support to implement the product exclusion 2 process for articles covered by actions taken under section 3 232 of the Trade Expansion Act of 1962 (19 U.S.C. 4 1862): Provided further, That such transfer authority is 5 in addition to any other transfer authority contained in 6 this Act: Provided further, That any such transfer shall 7 be treated as a reprogramming under section 505 of this 8 Act and shall not be available for obligation or expenditure 9 except in compliance with the procedures set forth in that 10 section. 11 ECONOMIC DEVELOPMENT ADMINISTRATION 12 ECONOMIC DEVELOPMENT .ASSISTANCE PROGR.A1vIS 13 For grants for economic development assistance as 14 provided by the Public Works and Economic Development 15 Act of 1965, for trade adjustment assistance, and for 16 grants authorized by section 27 of the Stevenson-Wydler 17 Technology Innovation Act of 1980 (15 U.S.C. 3722), 18 $265,000,000, to remain available until expended, of 19 which $23,500,000 shall be for grants under such section 20 27. 21 22 SAL.ARIES AND EXPENSES For necessary expenses of administering the eco- 23 nomic development assistance programs as provided for by 24 law, $39,000,000: Provided, That these funds may be used 25 to monitor projects approved pursuant to title I of the February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 6 1 Public Works Employment Act of 1976, title II of the 2 Trade Act of 1974, section 27 of the Stevenson-Wydler 3 Technology Innovation Act of 1980 (15 U.S.C. 3722), and 4 the Community Emergency Drought Relief Act of 1977. 5 MINORITY BUSINESS DEVELOPMENT AGENCY 6 MINORITY BUSINESS DEVELOPMENT 7 For necessary expenses of the Department of Com- 8 merce in fostering, promoting, and developing minority 9 business enterprise, including expenses of grants, con10 tracts, and other agreements with public or private organi- 11 zations, $40,000,000. 12 ECONOMIC AND STATISTICAL ANALYSIS 13 SALARIES AND EXPENSES 14 For necessary expenses, as authorized by law, of eco- 15 nomic and statistical analysis programs of the Department 16 of Commerce, $101,000,000, to remain available until 17 September 30, 2020. 18 BUREAU OF THE CENSUS 19 CURRENT SURVEYS AND PROGRAMS 20 For necessary expenses for collecting, compiling, ana- 21 lyzing, preparing, and publishing statistics, provided for 22 by law, $270,000,000: Provided, That, from amounts pro23 vided herein, funds may be used for promotion, outreach, 24 and marketing activities. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 7 1 PERIODIC CENSUSES AND PROGRAMS 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses for collecting, compiling, ana- 4 lyzing, preparing, and publishing statistics for periodic 5 censuses and programs provided for by law, 6 $3,551,388,000, to remain available until September 30, 7 2021: Provided, That, from amounts provided herein, 8 funds may be used for promotion, outreach, and mar9 keting activities: Provided further, That within the 10 amounts appropriated, $3,556,000 shall be transferred to 11 the "Office of Inspector General" account for activities as12 sociated with carrying out investigations and audits re13 lated to the Bureau of the Census: Provided further, That 14 not more than 50 percent of the amounts made available 15 under this heading for information technology related to 16 2020 census delivery, including the Census Enterprise 17 Data Collection and Processing (CEDCaP) program, may 18 be obligated until the Secretary updates the previous ex19 penditure plan and resubmits to the Committees on Ap- 20 propriations of the House of Representatives and the Sen21 ate a plan for expenditure that: (1) identifies for each 22 CEDCaP project/investment over $25,000: (A) the func- 23 tional and performance capabilities to be delivered and the 24 mission benefits to be realized; (B) an updated estimated 25 lifecycle cost, including cumulative expenditures to date by February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 8 1 fiscal year, and all revised estimates for development, 2 maintenance, and operations; (C) key milestones to be 3 met; and (D) impacts of cost variances on other Census 4 programs; (2) details for each project/investment: (A) rea5 sons for any cost and schedule variances; and (B) top risks 6 and mitigation strategies; and (3) has been submitted to 7 the Government Accountability Office. 8 NATIONAL TELECOMMUNICATIONS AND INFORMATION 9 ADMINISTR.A.TION 10 SALARIES AND EXPENSES 11 For necessary expenses, as provided for by law, of 12 the National Telecommunications and Information Ad13 ministration (NTIA), $39,500,000, of which not to exceed 14 $15,000,000 shall remam available until September 30, 15 2020: Provided, That, notwithstanding 31 U.S.C. 16 1535(d), the Secretary of Commerce shall charge Federal 17 agencies for costs incurred in spectrum management, 18 analysis, operations, and related services, and such fees 19 shall be retained and used as offsetting collections for 20 costs of such spectrum services, to remain available until 21 expended: Provided further, That the Secretary of Com22 merce is authorized to retain and use as offsetting collec23 tions all funds transferred, or previously transferred, from 24 other Government agencies for all costs incurred in tele25 communications research, engineering, and related activi- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 9 1 ties by the Institute for Telecommunication Sciences of 2 NTIA, in furtherance of its assigned functions under this 3 paragraph, and such funds received from other Govern4 ment agencies shall remain available until expended. 5 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING 6 AND CONSTRUCTION 7 For the administration of prior-year grants, recov- 8 eries and unobligated balances of funds previously appro9 priated are available for the administration of all open 10 grants until their expiration. 11 UNITED STATES PATENT AND TRADEMARK OFFICE 12 SALARIES AND EXPENSES 13 (INCLUDING TRANSFERS OF FUNDS) 14 For necessary expenses of the United States Patent 15 and Trademark Office (USPTO) provided for by law, in16 eluding defense of suits instituted against the Under Sec17 retary of Commerce for Intellectual Property and Director 18 of the USPTO, $3,370,000,000, to remain available until 19 expended: Provided, That the sum herein appropriated 20 from the general fund shall be reduced as offsetting collec21 tions of fees and surcharges assessed and collected by the 22 USPTO under any law are received during fiscal year 23 2019, so as to result in a fiscal year 2019 appropriation 24 from the general fund estimated at $0: Provided further, 25 That during fiscal year 2019, should the total amount of February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 10 1 such offsetting collections be less than $3,370,000,000 2 this amount shall be reduced accordingly: Provided fur3 ther, That any amount received m excess of 4 $3,370,000,000 in fiscal year 2019 and deposited in the 5 Patent and Trademark Fee Reserve Fund shall remain 6 available until expended: Provided further, That the Direc7 tor of USPTO shall submit a spending plan to the Com8 mittees on Appropriations of the House of Representatives 9 and the Senate for any amounts made available by the 10 preceding proviso and such spending plan shall be treated 11 as a reprogramming under section 505 of this Act and 12 shall not be available for obligation or expenditure except 13 in compliance with the procedures set forth in that section: 14 Provided further, That any amounts reprogrammed in ac15 cordance with the preceding proviso shall be transferred 16 to the United States Patent and Trademark Office "Sala17 ries and Expenses" account: Provided further, That from 18 amounts provided herein, not to exceed $900 shall be 19 made available in fiscal year 2019 for official reception 20 and representation expenses: Provided further, That in fis21 cal year 2019 from the amounts made available for "Sala- 22 ries and Expenses" for the USPTO, the amounts nec23 essary to pay (1) the difference between the percentage 24 of basic pay contributed by the USPTO and employees 25 under section 8334(a) of title 5, United States Code, and February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 11 1 the normal cost percentage (as defined by section 2 8331(17) of that title) as provided by the Office of Per3 sonnel Management (OPM) for USPTO's specific use, of 4 basic pay, of employees subject to subchapter III of chap5 ter 83 of that title, and (2) the present value of the other6 wise unfunded accruing costs, as determined by OPM for 7 USPTO's specific use of post-retirement life insurance 8 and post-retirement health benefits coverage for all 9 USPTO employees who are enrolled in Federal Employees 10 Health Benefits (FEHB) and Federal Employees Group 11 Life Insurance (FEGLI), shall be transferred to the Civil 12 Service Retirement and Disability Fund, the FEGLI 13 Fund, and the FEHB Fund, as appropriate, and shall be 14 available for the authorized purposes of those accounts: 15 Providedfurther, That any differences between the present 16 value factors published in OPM's yearly 300 series benefit 17 letters and the factors that OPM provides for USPTO' s 18 specific use shall be recognized as an imputed cost on 19 USPTO's financial statements, where applicable: Provided 20 further, That, notwithstanding any other provision of law, 21 all fees and surcharges assessed and collected by USPTO 22 are available for USPTO only pursuant to section 42 (c) 23 of title 3 5, United States Code, as amended by section 24 22 of the Leahy-Smith America Invents Act (Public Law 25 112-29): Provided further, That within the amounts ap- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 12 1 propriated, $1,500,000 shall be transferred to the "Office 2 of Inspector General" account for activities associated 3 with carrying out investigations and audits related to the 4 USPTO. 5 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 6 SCIENTIFIC .AND TECHNICAL RESE . ARCH AND SERYICES 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary expenses of the National Institute of 9 Standards and Technology (NIST), $724,500,000, to re- l O main available until expended, of which not to exceed 11 $9,000,000 may be transferred to the "Working Capital 12 Fund": Provided, That not to exceed $5,000 shall be for 13 official reception and representation expenses: Provided 14 further, That NIST may provide local transportation for 15 summer undergraduate research fellowship program par- 16 ticipants. 17 18 INDUSTRL'\L TECHNOLOGY SERVICES For necessary expenses for industrial technology 19 services, $155,000,000, to remain available until ex- 20 pended, of which $140,000,000 shall be for the Hollings 21 Manufacturing Extension Partnership, and of which 22 $15,000,000 shall be for the National Network for Manu23 facturing Innovation (also known as ''Manufacturing 24 USA"). February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 13 1 2 CONSTRUCTION OF RESEARCH F AGILITIES For construction of new research facilities, including 3 architectural and engineering design, and for renovation 4 and maintenance of existing facilities, not otherwise pro5 vided for the National Institute of Standards and Tech6 nology, as authorized by sections 13 through 15 of the 7 National Institute of Standards and Technology Act (15 8 U.S.C. 278c-278e), $106,000,000, to remain available 9 until expended: Provided, That the Secretary of Commerce 10 shall include in the budget justification materials that the 11 Secretary submits to Congress in support of the Depart12 ment of Commerce budget (as submitted with the budget 13 of the President under section 1105(a) of title 31, United 14 States Code) an estimate for each National Institute of 15 Standards and Technology construction project having a 16 total multi-year program cost of more than $5,000,000, 17 and simultaneously the budget justification materials shall 18 include an estimate of the budgetary requirements for 19 each such project for each of the 5 subsequent fiscal years. 20 NATIONAL OCEANIC AND ATMOSPHERIC 21 ADMINISTRA.TION 22 OPERATIONS, RESEARCH, AND FACILITIES 23 (INCLUDING TRANSFER OF FUNDS) 24 For necessary expenses of activities authorized by law 25 for the National Oceanic and Atmospheric Administration, February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xrnl 14 1 including maintenance, operation, and hire of aircraft and 2 vessels; pilot programs for state-led fisheries management, 3 notwithstanding any other provision of law; grants, con4 tracts, or other payments to nonprofit organizations for 5 the purposes of conducting activities pursuant to coopera6 tive agreements; and relocation of facilities, 7 $3,596,997,000, to remain available until September 30, 8 2020: Provided, That fees and donations received by the 9 National Ocean Service for the management of national 10 marine sanctuaries may be retained and used for the sala- 11 ries and expenses associated with those activities, notwith12 standing section 3302 of title 31, United States Code: Pro13 vided further, That in addition, $157,980,000 shall be de14 rived by transfer from the fund entitled "Promote and De15 velop Fishery Products and Research Pertaining to Amer16 ican Fisheries", which shall only be used for fishery activi17 ties related to the Saltonstall-Kennedy Grant Program; 18 Fisheries Data Collections, Surveys and Assessments; and 19 Interjurisdictional Fisheries Grants: Provided further, 20 That of the $3,772,477,000 provided for in direct obliga21 tions under this heading, $3,596,997,000 is appropriated 22 from the general fund, $157,980,000 is provided by trans23 fer, and $17,500,000 is derived from recoveries of prior 24 year obligations: Provided further, That any deviation 25 from the amounts designated for specific activities in the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 15 1 joint explanatory statement accompanying this Act, or any 2 use of deobligated balances of funds provided under this 3 heading in previous years, shall be subject to the proce4 dures set forth in section 505 of this Act: Provided further, 5 That in addition, for necessary retired pay expenses under 6 the Retired Serviceman's Family Protection and Survivor 7 Benefits Plan, and for payments for the medical care of 8 retired personnel and their dependents under the Depend9 ents' Medical Care Act (10 U.S.C. ch. 55), such sums as 10 may be necessary. 11 PROCUREMENT, ACQUISITION AND CONSTRUCTION 12 (INCLUDING TRANSFER OF FUNDS) 13 For procurement, acquisition and construction of 14 capital assets, including alteration and modification costs, 15 of the National Oceanic and Atmospheric Administration, 16 $1,755,349,000, to remain available until September 30, 17 2021, except that funds provided for acquisition and con18 struction of vessels and construction of facilities shall re19 main available until expended: Provided, That of the 20 $1,768,349,000 provided for in direct obligations under 21 this heading, $1,755,349,000 is appropriated from the 22 general fund and $13,000,000 is provided from recoveries 23 of prior year obligations: Provided further, That any devi24 ation from the amounts designated for specific activities 25 in the joint explanatory statement accompanying this Act, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 16 1 or any use of deobligated balances of funds provided under 2 this heading in previous years, shall be subject to the pro3 cedures set forth in section 505 of this Act: Provided fur4 ther, That the Secretary of Commerce shall include in 5 budget justification materials that the Secretary submits 6 to Congress in support of the Department of Commerce 7 budget (as submitted with the budget of the President 8 under section 1105(a) of title 31, United States Code) an 9 estimate for each National Oceanic and Atmospheric Ad- 10 ministration procurement, acquisition or construction 11 project having a total of more than $5,000,000 and simul12 taneously the budget justification shall include an estimate 13 of the budgetary requirements for each such project for 14 each of the 5 subsequent fiscal years: Provided further, 15 That, within the amounts appropriated, $1,302,000 shall 16 be transferred to the "Office of Inspector General" ac- 17 count for activities associated with carrying out investiga- 18 tions and audits related to satellite procurement, acquisi19 tion and construction. 20 21 PACIFIC COASTAL SALMON RECOVERY For necessary expenses associated with the restora- 22 tion of Pacific salmon populations, $65,000,000, to re23 main available until September 30, 2020: Provided, That, 24 of the funds provided herein, the Secretary of Commerce 25 may issue grants to the States of Washington, Oregon, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 17 1 Idaho, Nevada, California, and Alaska, and to the Feder- 2 ally recognized tribes of the Columbia River and Pacific 3 Coast (including Alaska), for projects necessary for con4 servation of salmon and steelhead populations that are 5 listed as threatened or endangered, or that are identified 6 by a State as at-risk to be so listed, for maintaining popu- 7 lations necessary for exercise of tribal treaty fishing rights 8 or native subsistence fishing, or for conservation of Pacific 9 coastal salmon and steelhead habitat, based on guidelines 10 to be developed by the Secretary of Commerce: Provided 11 further, That all funds shall be allocated based on sci- 12 entific and other merit principles and shall not be available 13 for marketing activities: Provided further, That funds dis14 bursed to States shall be subject to a matching require15 ment of funds or documented in-kind contributions of at 16 least 33 percent of the Federal funds. 17 18 FISHERMEN'S CONTINGENCY FUND For carrying out the provisions of title IV of Public 19 Law 95-372, not to exceed $349,000, to be derived from 20 receipts collected pursuant to that Act, to remain available 21 until expended. 22 23 FISHERY DISASTER ASSISTANCE For the necessary expenses associated with the miti- 24 gation of fishery disasters, $15,000,000 to remain avail25 able until expended: Provided, That funds shall be used February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 18 1 for mitigating the effects of commercial fishery failures 2 and fishery resource disasters as declared by the Secretary 3 of Commerce. 4 5 FISHERIES FINANCE PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget 6 Act of 197 4, during fiscal year 2019, obligations of direct 7 loans may not exceed $24,000,000 for Individual Fishing 8 Quota loans and not to exceed $100,000,000 for tradi9 tional direct loans as authorized by the Merchant Marine 10 Act of 1936. 11 DEPARTMENTAL MANAGEMENT 12 SALA.RIES .AND EXPENSES 13 For necessary expenses for the management of the 14 Department of Commerce provided for by law, including 15 not to exceed $4,500 for official reception and representa16 tion, $63,000,000. 17 18 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 19 General in carrying out the provisions of the Inspector 20 General Act of 1978 (5 U.S.C. App.), $34,744,000: Pro21 vided, That notwithstanding section 6413(b) of the Middle 22 Class Tax Relief and Job Creation Act of 2012 (Public 23 Law 112-96), $2,000,000, to remain available until ex24 pended, from the amounts provided under this heading, 25 shall be derived from the Public Safety Trust Fund for February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 19 1 activities associated with carrying out investigations and 2 audits related to the First Responder Network Authority 3 (FirstN et). 4 GENERAL PROVISIONS-DEPARTMENT OF COMMERCE 5 (INCLUDING TRANSFER OF FUNDS) 6 SEC. 101. During the current fiscal year, applicable 7 appropriations and funds made available to the Depart8 ment of Commerce by this Act shall be available for the 9 activities specified in the Act of October 26, 1949 (15 10 U.S.C. 1514), to the extent and in the manner prescribed 11 by the Act, and, notwithstanding 31 U.S.C. 3324, may 12 be used for advanced payments not otherwise authorized 13 only upon the certification of officials designated by the 14 Secretary of Commerce that such payments are in the 15 public interest. 16 SEC. 102. During the current fiscal year, appropria- 17 tions made available to the Department of Commerce by 18 this Act for salaries and expenses shall be available for 19 hire of passenger motor vehicles as authorized by 31 20 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 21 3109; and uniforms or allowances therefor, as authorized 22 by law (5 U.S.C. 5901-5902). 23 SEC. 103. Not to exceed 5 percent of any appropria- 24 tion made available for the current fiscal year for the De25 partment of Commerce in this Act may be transferred be- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 20 1 tween such appropriations, but no such appropriation shall 2 be increased by more than 10 percent by any such trans3 fers: Provided, That any transfer pursuant to this section 4 shall be treated as a reprogramming of funds under sec- 5 tion 505 of this Act and shall not be available for obliga6 tion or expenditure except in compliance with the proce- 7 dures set forth in that section: Provided further, That the 8 Secretary of Commerce shall notify the Committees on Ap9 propriations at least 15 days in advance of the acquisition 10 or disposal of any capital asset (including land, structures, 11 and equipment) not specifically provided for in this Act 12 or any other law appropriating funds for the Department 13 of Commerce. 14 SEC. 104. The requirements set forth by section 105 15 of the Commerce, Justice, Science, and Related Agencies 16 Appropriations Act, 2012 (Public Law 112-55), as 17 amended by section 105 of title I of division B of Public 18 Law 113-6, are hereby adopted by reference and made 19 applicable with respect to fiscal year 2019: Provided, That 20 the life cycle cost for the Joint Polar Satellite System is 21 $11,322,125,000 and the life cycle cost for the Geo22 stationary Operational Environmental Satellite R-Series 23 Program is $10,828,059,000. 24 SEC. 105. Notwithstanding any other proVIs10n of 25 law, the Secretary may furnish services (including but not February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 21 1 limited to utilities, telecommunications, and security serv2 ices) necessary to support the operation, maintenance, and 3 improvement of space that persons, firms, or organizations 4 are authorized, pursuant to the Public Buildings Coopera5 tive Use Act of 1976 or other authority, to use or occupy 6 in the Herbert C. Hoover Building, Washington, DC, or 7 other buildings, the maintenance, operation, and protec8 tion of which has been delegated to the Secretary from 9 the Administrator of General Services pursuant to the 10 Federal Property and Administrative Services Act of 1949 11 on a reimbursable or non-reimbursable basis. Amounts re- 12 ceived as reimbursement for services provided under this 13 section or the authority under which the use or occupancy 14 of the space is authorized, up to $200,000, shall be cred15 ited to the appropriation or fund which initially bears the 16 costs of such services. 17 SEC. 106. Nothing in this title shall be construed to 18 prevent a grant recipient from deterring child pornog19 raphy, copyright infringement, or any other unlawful ac20 tivity over its networks. 21 SEC. 107. The Administrator of the National Oceanic 22 and Atmospheric Administration is authorized to use, with 23 their consent, with reimbursement and subject to the lim24 its of available appropriations, the land, services, equip25 ment, personnel, and facilities of any department, agency, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 22 1 or instrumentality of the United States, or of any State, 2 local government, Indian tribal government, Territory, or 3 possession, or of any political subdivision thereof, or of 4 any foreign government or international organization, for 5 purposes related to carrying out the responsibilities of any 6 statute administered by the National Oceanic and Atmos- 7 pheric Administration. 8 SEC. 108. The National Technical Information Serv- 9 ice shall not charge any customer for a copy of any report 10 or document generated by the Legislative Branch unless 11 the Service has provided information to the customer on 12 how an electronic copy of such report or document may 13 be accessed and downloaded for free online. Should a cus- 14 tomer still require the Service to provide a printed or dig15 ital copy of the report or document, the charge shall be 16 limited to recovering the Service's cost of processing, re17 producing, and delivering such report or document. 18 SEC. 109. To carry out the responsibilities of the Na- 19 tional Oceanic and Atmospheric Administration (NOAA), 20 the Administrator of NOAA is authorized to: (1) enter 21 into grants and cooperative agreements with; (2) use on 22 a non-reimbursable basis land, services, equipment, per23 sonnel, and facilities provided by; and (3) receive and ex24 pend funds made available on a consensual basis from: a 25 Federal agency, State or subdivision thereof, local govern- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 23 1 ment, tribal government, t~rritory, or possession or any 2 subdivisions thereof: Provided, That funds received for 3 permitting and related regulatory activities pursuant to 4 this section shall be deposited under the heading "Na5 tional Oceanic and Atmospheric Administration-Oper6 ations, Research, and Facilities" and shall remain avail7 able until September 30, 2021, for such purposes: Pro8 vided further, That all funds within this section and their 9 corresponding uses are subject to section 505 of this Act. 10 SEC. 110. Amounts provided by this Act or by any 11 prior appropriations Act that remain available for obliga- 12 tion, for necessary expenses of the programs of the Eco13 nomics and Statistics Administration of the Department 14 of Commerce, including amounts provided for programs 15 of the Bureau of Economic Analysis and the Bureau of 16 the Census, shall be available for expenses of cooperative 17 agreements with appropriate entities, including any Fed18 eral, State, or local governmental unit, or institution of 19 higher education, to aid and promote statistical, research, 20 and methodology activities which further the purposes for 21 which such amounts have been made available. 22 SEC. 111. Section llO(a) of the Department of Com- 23 merce Appropriations Act, 2016 (Public Law 114-113) is 24 amended- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 24 1 2 (1) by striking "management is" and inserting "management is: (1)"; and 3 (2) by striking "subsection (b)." and inserting 4 "subsection (b); or (2) for law enforcement activities 5 conducted by States under a joint enforcement 6 agreement pursuant to section 31l(h) of the Magnu- 7 son-Stevens Fishery Conservation and Management 8 Act (16 U.S.C. 186l(h)), any other agreement with 9 the Secretary entered into pursuant to section 10 311(a) of such Act, or any similar agreement au- 11 thorized by law.". 12 SEC. 112. Title II of Division B of Public Law 115- 13 123 is amended by striking "Federal" each place it ap14 pears under the heading "Department of Commerce-Na15 tional Oceanic and Atmospheric Administration". 16 This title may be cited as the "Department of Com- 17 merce Appropriations Act, 2019". February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 25 1 TITLE II 2 DEPARTMENT OF JUSTICE 3 GENERAL ADMINISTRA.TION 4 SALARIES AND EXPENSES 5 For expenses necessary for the administration of the 6 Department of Justice, $113,000,000, of which not to ex7 ceed $4,000,000 for security and construction of Depart8 ment of Justice facilities shall remain available until ex9 pended. 10 JUSTICE INFORMATION SHARING TECHNOLOGY 11 (INCLUDING TRANSFER OF FUNDS) 12 For necessary expenses for information sharing tech- 13 nology, including planning, development, deployment and 14 departmental direction, $32,000,000, to remain available 15 until expended: Provided, That the Attorney General may 16 transfer up to $40,000,000 to this account, from funds 17 available to the Department of Justice for information 18 technology, to remain available until expended, for enter19 prise-wide information technology initiatives: Provided fur- 20 ther, That the transfer authority in the preceding proviso 21 is in addition to any other transfer authority contained 22 in this Act: Provided further, That any transfer pursuant 23 to the first proviso shall be treated as a reprogramming 24 under section 505 of this Act and shall not be available February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 26 1 for obligation or expenditure except in compliance with the 2 procedures set forth in that section. 3 EXECUTIVE OFFICE FOR IMMIGRATION RE.VIE\Y 4 (INCLUDING TRANSFER OF FUNDS) 5 For expenses necessary for the administration of im- 6 migration-related activities of the Executive Office for Im7 migration Review, $563,407,000, of which $4,000,000 8 shall be derived by transfer from the Executive Office for 9 Immigration Review fees deposited in the "Immigration 10 Examinations Fee" account, and of which not less than 11 $11,400,000 shall be available for services and activities 12 provided by the Legal Orientation Program: Provided, 13 That not to exceed $35,000,000 of the total amount made 14 available under this heading shall remain available until 15 expended. 16 17 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 18 General, $101,000,000, including not to exceed $10,000 19 to meet unforeseen emergencies of a confidential char- 20 acter. 21 UNITED STATES PAROLE COMMISSION 22 SALARIES AND EXPENSES 23 For necessary expenses of the United States Parole 24 Commission as authorized, $13,000,000: Provided, That, 25 notwithstanding any other provision of law, upon the expi- February 7, 2019 (2:04 p.m.) U: \2019CO NF\DivC-CJS.xml SEN. APPRO. 27 1 ration of a term of office of a Commissioner, the Commis2 sioner may continue to act until a successor has been ap3 pointed. 4 LEGAL ACTIVITIES 5 SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES 6 For expenses necessary for the legal activities of the 7 Department of Justice, not otherwise provided for, includ8 ing not to exceed $20,000 for expenses of collecting evi9 dence, to be expended under the direction of, and to be 10 accounted for solely under the certificate of, the Attorney 11 General; the administration of pardon and clemency peti12 tions; and rent of private or Government-owned space in 13 the District of Columbia, $904,000,000, of which not to 14 exceed $20,000,000 for litigation support contracts shall 15 remain available until expended: Provided, That of the 16 amount provided for INTERPOL Washington dues pay17 ments, not to exceed $685,000 shall remain available until 18 expended: Provided further, That of the total amount ap19 propriated, not to exceed $9,000 shall be available to 20 INTERPOL Washington for official reception and rep21 resentation expenses: Provided further, That notwith22 standing section 205 of this Act, upon a determination 23 by the Attorney General that emergent circumstances re24 quire additional funding for litigation activities of the Civil 25 Division, the Attorney General may transfer such amounts February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 28 1 to "Salaries and Expenses, General Legal Activities" from 2 available appropriations for the current fiscal year for the 3 Department of Justice, as may be necessary to respond 4 to such circumstances: Provided further, That any transfer 5 pursuant to the preceding proviso shall be treated as a 6 reprogramming under section 505 of this Act and shall 7 not be available for obligation or expenditure except in 8 compliance with the procedures set forth in that section: 9 Provided further, That of the amount appropriated, such 10 sums as may be necessary shall be available to the Civil 11 Rights Division for salaries and expenses associated with 12 the election monitoring program under section 8 of the 13 Voting Rights Act of 1965 (52 U.S.C. 10305) and to reim14 burse the Office of Personnel Management for such sala- 15 ries and expenses: Provided further, That of the amounts 16 provided under this heading for the election monitoring 17 program, $3,390,000 shall remain available until ex- 18 pended: Provided further, That of the amount appro19 priated, not less than $193,715,000 shall be available for 20 the Criminal Division, including related expenses for the 21 Mutual Legal Assistance Treaty Program. 22 In addition, for reimbursement of expenses of the De- 23 partment of Justice associated with processing cases 24 under the National Childhood Vaccine Injury Act of 1986, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 29 1 not to exceed $10,000,000, to be appropriated from the 2 Vaccine Injury Compensation Trust Fund. 3 SALARIES .AND EXPENSES, ANTITRUST DIVISION 4 For expenses necessary for the enforcement of anti- 5 trust and kindred laws, $164,977,000, to remain available 6 until expended: Provided, That notwithstanding any other 7 provision of law, fees collected for premerger notification 8 filings under the Hart-Scott-Rodino Antitrust Improve9 ments Act of 1976 (15 U.S.C. 18a), regardless of the year 10 of collection (and estimated to be $136,000,000 in fiscal 11 year 2019), shall be retained and used for necessary ex12 penses in this appropriation, and shall remain available 13 until expended: Provided further, That the sum herein ap14 propriated from the general fund shall be reduced as such 15 offsetting collections are received during fiscal year 2019, 16 so as to result in a final fiscal year 2019 appropriation 17 from the general fund estimated at $28,977,000. 18 SAL.ARIES AND EXPENSES, UNITED STATES ATTORNEYS 19 For necessary expenses of the Offices of the United 20 States Attorneys, including inter-governmental and coop21 erative agreements, $2,212,000,000: Provided, That of the 22 total amount appropriated, not to exceed $7,200 shall be 23 available for official reception and representation ex24 penses: Provided further, That not to exceed $25,000,000 25 shall remain available until expended: Provided further, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 30 1 That each United States Attorney shall establish or par2 ticipate in a task force on human trafficking. 3 4 UNITED STATES TRUSTEE SYSTEM FUND For necessary expenses of the United States Trustee 5 Program, as authorized, $226,000,000, to remain avail6 able until expended: Provided, That, notwithstanding any 7 other provision of law, deposits to the United States 8 Trustee System Fund and amounts herein appropriated 9 shall be available in such amounts as may be necessary 10 to pay refunds due depositors: Provided further, That, not11 withstanding any other provision of law, fees deposited 12 into the Fund pursuant to section 589a(b) of title 28, 13 United States Code (as limited by section 1004(b) of the 14 Bankruptcy Judgeship Act of 2017 (division B of Public 15 Law 115-72)), shall be retained and used for necessary 16 expenses in this appropriation and shall remain available 17 until expended: Provided further, That to the extent that 18 fees deposited into the Fund in fiscal year 2019, net of 19 amounts necessary to pay refunds due depositors, exceed 20 $226,000,000, those excess amounts shall be available in 21 future fiscal years only to the extent provided in advance 22 in appropriations Acts: Provided further, That the sum 23 herein appropriated from the general fund shall be re24 duced (1) as such fees are received during fiscal year 25 2019, net of amounts necessary to pay refunds due deposi- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 31 1 tors, (estimated at $360,000,000) and (2) to the extent 2 that any remaining general fund appropriations can be de3 rived from amounts deposited in the :B'und in previous fis4 cal years that are not otherwise appropriated, so as to re5 sult in a final fiscal year 2019 appropriation from the gen6 eral fund estimated at $0. 7 SALARIES AND EXPENSES, FOREIGN CLAIMS 8 SETTLEMENT COMMISSION 9 For expenses necessary to carry out the activities of 10 the Foreign Claims Settlement Commission, including 11 services as authorized by section 3109 of title 5, United 12 States Code, $2,409,000. 13 14 FEES _AND EXPENSES OF ,vrTNESSES For fees and expenses of witnesses, for expenses of 15 contracts for the procurement and supervision of expert 16 witnesses, for private counsel expenses, including ad17 vances, and for expenses of foreign counsel, $270,000,000, 18 to remain available until expended, of which not to exceed 19 $16,000,000 is for construction of buildings for protected 20 witness safesites; not to exceed $3,000,000 is for the pur21 chase and maintenance of armored and other vehicles for 22 witness security caravans; and not to exceed $18,000,000 23 is for the purchase, installation, maintenance, and up24 grade of secure telecommunications equipment and a se25 cure automated information network to store and retrieve February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xm1 32 1 the identities and locations of protected witnesses: Pro- 2 vided, That amounts made available under this heading 3 may not be transferred pursuant to section 205 of this 4 Act. 5 SALARIES .AND EXPENSES, COMMUNITY RELATIONS 6 SERYICE 7 (INCLUDING TRANSFER OF FUNDS) 8 For necessary expenses of the Community Relations 9 Service, $15,500,000: Provided, That notwithstanding sec10 tion 205 of this Act, upon a determination by the Attorney 11 General that emergent circumstances require additional 12 funding for conflict resolution and violence prevention ac13 tivities of the Community Relations Service, the Attorney 14 General may transfer such amounts to the Community Re15 lations Service, from available appropriations for the cur16 rent fiscal year for the Department of Justice, as may be 17 necessary to respond to such circumstances: Provided fur18 ther, That any transfer pursuant to the preceding proviso 19 shall be treated as a reprogramming under section 505 20 of this Act and shall not be available for obligation or ex21 penditure except in compliance with the procedures set 22 forth in that section. 23 24 ASSETS FORFEITURE FUND For expenses authorized by subparagraphs (B), (F), 25 and (G) of section 524(c)(l) of title 28, United States February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 33 1 Code, $20,514,000, to be derived from the Department 2 of Justice Assets Forfeiture Fund. 3 UNITED STATES MARSHALS SERVICE 4 SALARIES AND EXPENSES 5 For necessary expenses of the United States Mar- 6 shals Service, $1,358,000,000, of which not to exceed 7 $6,000 shall be available for official reception and rep- 8 resentation expenses, and not to exceed $25,000,000 shall 9 remain available until expended. 10 11 CONSTRUCTION For construction in space controlled, occupied or uti- 12 lized by the United States Marshals Service for prisoner 13 holding and related support, $15,000,000, to remain avail14 able until expended. 15 16 FEDERAL PRISONER DETENTION For necessary expenses related to United States pris- 17 oners in the custody of the United States Marshals Service 18 as authorized by section 4013 of title 18, United States 19 Code, $1,552,397,000, to remain available until expended: 20 Provided, That not to exceed $20,000,000 shall be consid- 21 ered "funds appropriated for State and local law enforce22 ment assistance" pursuant to section 4013(b) of title 18, 23 United States Code: Provided further, That the United 24 States Marshals Service shall be responsible for managing 25 the Justice Prisoner and Alien Transportation System. February 7, 2019 (2:04 p.m.) U :\2019CONF\DivC-CJS.xml SEN. APPRO. 34 1 NATIONAL SECURITY DIVISION 2 SALARIES AND EXPENSES 3 (INCLUDING TRANSFER OF FUNDS) 4 For expenses necessary to carry out the activities of 5 the National Security Division, $101,369,000, of which 6 not to exceed $5,000,000 for information technology sys7 terns shall remain available until expended: Provided, That 8 notwithstanding section 205 of this Act, upon a deter- 9 mination by the Attorney General that emergent cir10 cumstances require additional funding for the activities of 11 the National Security Division, the Attorney General may 12 transfer such amounts to this heading from available ap- 13 propriations for the current fiscal year for the Department 14 of Justice, as may be necessary to respond to such cir15 cumstances: Provided further, That any transfer pursuant 16 to the preceding proviso shall be treated as a reprogram17 ming under section 505 of this Act and shall not be avail18 able for obligation or expenditure except in compliance 19 with the procedures set forth in that section. 20 lNTERAGENCY LAW ENFORCEMENT 21 INTERA.GENCY CRIME AND DRUG ENFORCEMENT 22 For necessary expenses for the identification, inves- 23 tigation, and prosecution of individuals associated with the 24 most significant drug trafficking organizations, 25 transnational organized crime, and money laundering or- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 35 1 ganizations not otherwise provided for, to include inter2 governmental agreements with State and local law en3 forcement agencies engaged in the investigation and pros4 ecution of individuals involved in transnational organized 5 crime and drug trafficking, $560,000,000, of which 6 $50,000,000 shall remain available until expended: Pro7 vided, That any amounts obligated from appropriations 8 under this heading may be used under authorities avail- 9 able to the organizations reimbursed from this appropria- 10 tion. 11 FEDERAL BUREAU OF INVESTIGATION 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Bureau of In- 14 vestigation for detection, investigation, and prosecution of 15 crimes against the United States, $9,192,137,000, of 16 which not to exceed $216,900,000 shall remain available 17 until expended: Provided, That not to exceed $184,500 18 shall be available for official reception and representation 19 expenses: Provided further, That in addition to other funds 20 provided for Construction projects, the Federal Bureau of 21 Investigation may use up to $150,000,000 appropriated 22 in prior years under this heading for all costs related to 23 construction, renovation, and modification of federally 24 owned and leased space and expansion of network capabili25 ties. February 7, 2019 (2:04 p.m.) U :\2019CONF\DivC-CJS.xml SEN. APPRO. 36 1 2 CONSTRUCTION For necessary expenses, to include the cost of equip- 3 ment, furniture, and information technology requirements, 4 related to construction or acquisition of buildings, facili- 5 ties and sites by purchase, or as otherwise authorized by 6 law; conversion, modification and extension of federally 7 owned buildings; preliminary planning and design of 8 projects; and operation and maintenance of secure work 9 environment facilities and secure networking capabilities; 10 $385,000,000, to remain available until expended. 11 DRUG ENFORCEMENT ADMINISTRATION 12 SALARIES .AND EXPENSES 13 For necessary expenses of the Drug Enforcement Ad- 14 ministration, including not to exceed $70,000 to meet un15 foreseen emergencies of a confidential character pursuant 16 to section 530C of title 28, United States Code; and ex17 penses for conducting drug education and training pro18 grams, including travel and related expenses for partici19 pants in such programs and the distribution of items of 20 token value that promote the goals of such programs, 21 $2,267,000,000, of which not to exceed $75,000,000 shall 22 remain available until expended and not to exceed $90,000 23 shall be available for official reception and representation 24 expenses: Provided, That the Drug Enforcement Adminis25 tration may use up to $5,700,000 appropriated in prior February 7, 2019 (2:04 p.m.) U :\2019CO NF\DivC-CJS.xml SEN. APPRO. 37 1 year funds under this heading for necessary expenses of 2 construction. 3 BUREAU OF ALCOHOL, TOBACCO, FIREARMS . AND 4 EXPLOSIVES 5 SALARIES AND EXPENSES 6 For necessary expenses of the Bureau of Alcohol, To- 7 bacco, Firearms and Explosives, for training of State and 8 local law enforcement agencies with or without reimburse9 ment, including training in connection with the training 10 and acquisition of canines for explosives and fire 11 accelerants detection; and for provision of laboratory as12 sistance to State and local law enforcement agencies, with 13 or without reimbursement, $1,316,678,000, of which not 14 to exceed $36,000 shall be for official reception and rep15 resentation expenses, not to exceed $1,000,000 shall be 16 available for the payment of attorneys' fees as provided 17 by section 924(d)(2) of title 18, United States Code, and 18 not to exceed $20,000,000 shall remain available until ex- 19 pended: Provided, That none of the funds appropriated 20 herein shall be available to investigate or act upon applica- 21 tions for relief from Federal firearms disabilities under 22 section 925(c) of title 18, United States Code: Provided 23 further, That such funds shall be available to investigate 24 and act upon applications filed by corporations for relief 25 from Federal firearms disabilities under section 925(c) of February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 38 1 title 18, United States Code: Provided further, That no 2 funds made available by this or any other Act may be used 3 to transfer the functions, missions, or activities of the Bu4 reau of Alcohol, Tobacco, Firearms and Explosives to 5 other agencies or Departments. 6 FEDERAL PRISON SYSTEM 7 SALARIES AND EXPENSES 8 (INCLUDING TRANSFER OF FUNDS) 9 For necessary expenses of the Federal Prison System 10 for the administration, operation, and maintenance of 11 Federal penal and correctional institutions, and for the 12 provision of technical assistance and advice on corrections 13 related issues to foreign governments, $7,250,000,000: 14 Provided, That the Attorney General may transfer to the 15 Department of Health and Human Services such amounts 16 as may be necessary for direct expenditures by that De- 17 partment for medical relief for inmates of Federal penal 18 and correctional institutions: Provided further, That the 19 Director of the Federal Prison System, where necessary, 20 may enter into contracts with a fiscal agent or fiscal inter- 21 mediary claims processor to determine the amounts pay22 able to persons who, on behalf of the Federal Prison Sys23 tern, furnish health services to individuals committed to 24 the custody of the Federal Prison System: Provided fur25 ther, That not to exceed $5,400 shall be available for offi- February 7, 2019 (2:04 p.m.) SEN. APPRO. U: \2019CONF\DivC-CJS.xrnl 39 1 cial reception and representation expenses: Provided fur2 ther, That not to exceed $50,000,000 shall remain avail3 able for necessary operations until September 30, 2020: 4 Provided further, That, of the amounts provided for con- 5 tract confinement, not to exceed $20,000,000 shall remain 6 available until expended to make payments in advance for 7 grants, contracts and reimbursable agreements, and other 8 expenses: Provided further, That the Director of the Fed9 eral Prison System may accept donated property and serv10 ices relating to the operation of the prison card program 11 from a not-for-profit entity which has operated such pro12 gram in the past, notwithstanding the fact that such not13 for-profit entity furnishes services under contracts to the 14 Federal Prison System relating to the operation of pre- 15 release services, halfway houses, or other custodial facili16 ties. 17 18 BUILDINGS AND FACILITIES For planning, acquisition of sites, and construction 19 of new facilities; purchase and acquisition of facilities and 20 remodeling, and equipping of such facilities for penal and 21 correctional use, including all necessary expenses incident 22 thereto, by contract or force account; and constructing, 23 remodeling, and equipping necessary buildings and facili24 ties at existing penal and correctional institutions, includ25 ing all necessary expenses incident thereto, by contract or February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 40 1 force account, $264,000,000, to remain available until ex2 pended, of which $175,000,000 shall be available only for 3 costs related to construction of new facilities: Provided, 4 That labor of United States prisoners may be used for 5 work performed under this appropriation. 6 FEDERAL PRISON INDUSTRIES, INCORPORATED 7 The Federal Prison Industries, Incorporated, is here- 8 by authorized to make such expenditures within the limits 9 of funds and borrowing authority available, and in accord 10 with the law, and to make such contracts and commit11 ments without regard to fiscal year limitations as provided 12 by section 9104 of title 31, United States Code, as may 13 be necessary in carrying out the program set forth in the 14 budget for the current fiscal year for such corporation. 15 LIMITATION ON . ADMINISTRATIVE EXPENSES, FEDERAL 16 PRISON INDUSTRIES, INCORPORATED 17 Not to exceed $2,700,000 of the funds of the Federal 18 Prison Industries, Incorporated, shall be available for its 19 administrative expenses, and for services as authorized by 20 section 3109 of title 5, United States Code, to be com- 21 puted on an accrual basis to be determined in accordance 22 with the corporation's current prescribed accounting sys23 tern, and such amounts shall be exclusive of depreciation, 24 payment of claims, and expenditures which such account25 ing system requires to be capitalized or charged to cost February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 41 1 of commodities acquired or produced, including selling and 2 shipping expenses, and expenses in connection with acqui3 sition, construction, operation, maintenance, improvement, 4 protection, or disposition of facilities and other property 5 belonging to the corporation or in which it has an interest. 6 STATE AND LOCAL LAW ENFORCEMENT ACTIVITIES 7 OFFICE ON VIOLENCE AGAINST WOMEN 8 VIOLENCE AG.A.INST WOMEN PREVENTION AND 9 PROSECUTION PROGRAMS 10 (INCLUDING TRANSFER OF FUNDS) 11 For grants, contracts, cooperative agreements, and 12 other assistance for the prevention and prosecution of vio13 lence against women, as authorized by the Omnibus Crime 14 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 15 et seq.) ("the 1968 Act"); the Violent Crime Control and 16 Law Enforcement Act of 1994 (Public Law 103-322) 17 ("the 1994 Act"); the Victims of Child Abuse Act of 1990 18 (Public Law 101-647) ("the 1990 Act"); the Prosecu19 torial Remedies and Other Tools to end the Exploitation 20 of Children Today Act of 2003 (Public Law 108-21); the 21 Juvenile Justice and Delinquency Prevention Act of 1974 22 (34 U.S.C. 11101 et seq.) ("the 1974 Act"); the Victims 23 of Trafficking and Violence Protection Act of 2000 (Public 24 Law 106-386) ("the 2000 Act"); the Violence Against 25 Women and Department of Justice Reauthorization Act February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 42 l of 2005 (Public Law 109-162) ("the 2005 Act"); the Vio2 lence Against Women Reauthorization Act of 2013 (Public 3 Law 113-4) ("the 2013 Act"); and the Rape Survivor 4 Child Custody Act of 2015 (Public Law 114-22) ("the 5 2015 Act"); and for related victims seI'Vlces, 6 $497,500,000, to remain available until expended, which 7 shall be derived by transfer from amounts available for 8 obligation in this Act from the Fund established by section 9 1402 of chapter XIV of title II of Public Law 98-4 73 10 (34 U.S.C. 20101), notwithstanding section 1402(d) of 11 such Act of 1984, and merged with the amounts otherwise 12 made available under this heading: Provided, That except 13 as otherwise provided by law, not to exceed 5 percent of 14 funds made available under this heading may be used for 15 expenses related to evaluation, training, and technical as16 sistance: Provided further, That of the amount provided17 (1) $215,000,000 is for grants to combat vio- 18 lence against women, as authorized by part T of the 19 1968 Act; 20 (2) $36,000,000 is for transitional housing as- 21 sistance grants for victims of domestic violence, dat- 22 ing violence, stalking, or sexual assault as authorized 23 by section 40299 of the 1994 Act; 24 (3) $3,000,000 is for the National Institute of 25 Justice and the Bureau of Justice Statistics for re- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 43 1 search, evaluation, and statistics of violence against 2 women and related issues addressed by grant pro- 3 grams of the Office on Violence Against Women, 4 which shall be transferred to "Research, Evaluation 5 and Statistics" for administration by the Office of 6 Justice Programs; 7 (4) $11,000,000 is for a grant program to pro- 8 vide services to advocate for and respond to youth 9 victims of domestic violence, dating violence, sexual 10 assault, and stalking; assistance to children and 11 youth exposed to such violence; programs to engage 12 men and youth in preventing such violence; and as- 13 sistance to middle and high school students through 14 education and other services related to such violence: 15 Provided, That unobligated balances available for 16 the programs authorized by sections 41201, 41204, 17 41303, and 41305 of the 1994 Act, prior to its 18 amendment by the 2013 Act, shall be available for 19 this program: Provided further, That 10 percent of 20 the total amount available for this grant program 21 shall be available for grants under the program au- 22 thorized by section 2015 of the 1968 Act: Provided 23 further, That the definitions and grant conditions in 24 section 40002 of the 1994 Act shall apply to this 25 program; February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 44 1 (5) $53,000,000 is for grants to encourage ar- 2 rest policies as authorized by part U of the 1968 3 Act, of which $4,000,000 is for a homicide reduction 4 initiative; 5 (6) $37,500,000 1s for sexual assault victims 6 assistance, as authorized by section 41601 of the 7 1994 Act; 8 (7) $42,000,000 is for rural domestic violence 9 and child abuse enforcement assistance grants, as 10 authorized by section 40295 of the 1994 Act; 11 (8) $20,000,000 is for grants to reduce violent 12 crimes against women on campus, as authorized by 13 section 304 of the 2005 Act; 14 (9) $45,000,000 is for legal assistance for vic- 15 tims, as authorized by section 1201 of the 2000 Act; 16 (10) $5,000,000 is for enhanced training and 17 services to end violence against and abuse of women 18 in later life, as authorized by section 40802 of the 19 1994 Act; 20 (11) $16,000,000 is for grants to support fami- 21 lies in the justice system, as authorized by section 22 1301 of the 2000 Act: Provided, That unobligated 23 balances available for the programs authorized by 24 section 1301 of the 2000 Act and section 41002 of February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 45 1 the 1994 Act, prior to their amendment by the 2013 2 Act, shall be available for this program; 3 (12) $6,000,000 is for education and training 4 to end violence against and abuse of women with 5 disabilities, as authorized by section 1402 of the 6 2000 Act; 7 (13) $1,000,000 is for the National Resource 8 Center on Workplace Responses to assist victims of 9 domestic violence, as authorized by section 41501 of 10 the 1994 Act; 11 (14) $1,000,000 is for analysis and research on 12 violence against Indian women, including as author- 13 ized by section 904 of the 2005 Act: Provided, That 14 such funds may be transferred to "Research, Eval- 15 uation and Statistics" for administration by the Of- 16 fice of Justice Programs; 17 (15) $500,000 is for a national clearinghouse 18 that provides training and technical assistance on 19 issues relating to sexual assault of American Indian 20 and Alaska Native women; 21 (16) $4,000,000 is for grants to assist tribal 22 governments in exercising special domestic violence 23 criminal jurisdiction, as authorized by section 904 of 24 the 2013 Act: Provided, That the grant conditions in February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 46 1 section 40002(b) of the 1994 .Act shall apply to this 2 program; and 3 4 (17) $1,500,000 is for the purposes authorized under the 2015 .Act. 5 OFFICE OF JUSTICE PROGRAMS 6 RESEARCH, EVALUATION .AND STATISTICS 7 For grants, contracts, cooperative agreements, and 8 other assistance authorized by title I of the Omnibus 9 Crime Control and Safe Streets .Act of 1968 ("the 1968 10 .Act"); the Juvenile Justice and Delinquency Prevention 11 .Act of 197 4 ("the 197 4 .Act"); the Missing Children's .As- 12 sistance .Act (34 U.S.C. 11291 et seq.); the Prosecutorial 13 Remedies and Other Tools to end the Exploitation of Chil14 dren Today .Act of 2003 (Public Law 108-21); the Justice 15 for .All .Act of 2004 (Public Law 108-405); the Violence 16 .Against Women and Department of Justice Reauthoriza17 tion .Act of 2005 (Public Law 109-162) ("the 2005 .Act"); 18 the Victims of Child .Abuse .Act of 1990 (Public Law 10119 647); the Second Chance .Act of 2007 (Public Law 110- 20 199); the Victims of Crime .Act of 1984 (Public Law 9821 473); the .Adam Walsh Child Protection and Safety .Act 22 of 2006 (Public Law 109-248) ("the .Adam Walsh .Act"); 23 the PROTECT Our Children .Act of 2008 (Public Law 24 110-401); subtitle D of title II of the Homeland Security 25 .Act of 2002 (Public Law 107-296) ("the 2002 .Act"); the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 47 1 NICS Improvement Amendments Act of 2007 (Public 2 Law 110-180); the Violence Against Women Reauthoriza3 tion Act of 2013 (Public Law 113-4) ("the 2013 Act"); 4 and other programs, $80,000,000, to remain available 5 until expended, of which6 (1) $43,000,000 is for criminal justice statistics 7 programs, and other activities, as authorized by part 8 C of title I of the 1968 Act, of which $5,000,000 is 9 for a nationwide incident-based crime statistics pro- 10 gram; and 11 (2) $37,000,000 is for research, development, 12 and evaluation programs, and other activities as au- 13 thorized by part B of title I of the 1968 Act and 14 subtitle D of title II of the 2002 Act, of which 15 $4,000,000 is for research targeted toward devel- 16 oping a better understanding of the domestic 17 radicalization phenomenon, and advancing evidence- 18 based strategies for effective intervention and pre- 19 vention; $1,000,000 is for research to study the root 20 causes of school violence to include the impact and 21 effectiveness of grants made under the STOP School 22 Violence Act; $1,000,000 is for a study to better 23 protect children against online predatory behavior as 24 part of the National Juvenile Online Victimization February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 48 1 Studies (N-JOVS); and $3,000,000 is for a national 2 center for restorative justice. 3 STATE .AND LOCAL LA:W ENFORCEMENT ASSISTANCE 4 (INCLUDING TRA1'JSFER OF FUNDS) 5 For grants, contracts, cooperative agreements, and 6 other assistance authorized by the Violent Crime Control 7 and Law Enforcement Act of 1994 (Public Law 103-322) 8 ("the 1994 Act"); the Omnibus Crime Control and Safe 9 Streets Act of 1968 ("the 1968 Act"); the Justice for All 10 Act of 2004 (Public Law 108-405); the Victims of Child 11 Abuse Act of 1990 (Public Law 101-64 7) ("the 1990 12 Act''); the Trafficking Victims Protection Reauthorization 13 Act of 2005 (Public Law 109-164); the Violence Against 14 Women and Department of Justice Reauthorization Act 15 of 2005 (Public Law 109-162) ("the 2005 Act"); the 16 Adam Walsh Child Protection and Safety Act of 2006 17 (Public Law 109-248) ("the Adam Walsh Act"); the Vic18 tims of Trafficking and Violence Protection Act of 2000 19 (Public Law 106-386); the NICS Improvement Amend20 ments Act of 2007 (Public Law 110-180); subtitle D of 21 title II of the Homeland Security Act of 2002 (Public Law 22 107-296) ("the 2002 Act"); the Second Chance Act of 23 2007 (Public Law 110-199); the Prioritizing Resources 24 and Organization for Intellectual Property Act of 2008 25 (Public Law 110-403); the Victims of Crime Act of 1984 February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 49 1 (Public Law 98-473); the Mentally Ill Offender Treat2 ment and Crime Reduction Reauthorization and Improve3 ment Act of 2008 (Public Law 110-416); the Violence 4 Against Women Reauthorization Act of 2013 (Public Law 5 113-4) ("the 2013 Act"); the Comprehensive Addiction 6 and Recovery Act of 2016 (Public Law 114-198) 7 ("CARA"); the Justice for All Reauthorization Act of 8 2016 (Public Law 114-324); Kevin and Avonte's Law (di9 vision Q of Public Law 115-141) ("Kevin and Avonte's 10 Law''); the Keep Young Athletes Safe Act of 2018 (title 11 III of division S of Public Law 115-141) ("the Keep 12 Young Athletes Safe Act"); the STOP School Violence Act 13 of 2018 (title V of division S of Public Law 115-141) 14 ("the STOP School Violence Act"); the Fix NICS Act of 15 2018 (title VI of division S of Public Law 115-141); the 16 Project Safe Neighborhoods Grant Program Authorization 17 Act of 2018 (Public Law 115-185); and the SUPPORT 18 for Patients and Communities Act (Public Law 115-271); 19 and other programs, $1,723,000,000, to remain available 20 until expended as follows21 (1) $423,500,000 for the Edward Byrne Memo- 22 rial Justice Assistance Grant program as authorized 23 by subpart 1 of part E of title I of the 1968 Act 24 (except that section lOOl(c), and the special rules 25 for Puerto Rico under section 505(g) of title I of the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 50 1 1968 Act shall not apply for purposes of this Act), 2 of 3 $12,000,000 is for the Officer Robert Wilson III 4 Memorial Initiative on Preventing Violence Against 5 Law Enforcement Officer Resilience and Surviv- 6 ability (VALOR), $7,500,000 is for an initiative to 7 support evidence-based policing, $8,000,000 is for 8 an initiative to enhance prosecutorial decision-mak- 9 ing, $2,400,000 is for the operationalization, mainte- 10 nance and expansion of the National Missing and 11 Unidentified Persons System, $2,500,000 is for an 12 academic based training initiative to improve police- 13 based responses to people with mental illness or de- 14 velopmental disabilities, $2,000,000 is for a student 15 loan repayment assistance program pursuant to sec- 16 tion 952 of Public Law 110-315, $15,500,000 is for 17 prison rape prevention and prosecution grants to 18 States and units of local government, and other pro- 19 grams, as authorized by the Prison Rape Elimi- 20 nation 21 $2,000,000 is for a grant program authorized by 22 Kevin and Avonte's Law, $3,000,000 is for a re- 23 gional 24 $20,000,000 is for programs to reduce gun crime 25 and gang violence, as authorized by Public Law February 7, 2019 (2:04 p.m.) which, Act law notwithstanding of 2003 enforcement such (Public subpart Law technology 1, 108-79), initiative, U:\2019CONF\DivC-CJS.xml SEN. APPRO. 51 1 115-185, $5,000,000 is for the Capital Litigation 2 Improvement Grant Program, as authorized by sec- 3 tion 426 of Public Law 108-405, and for grants for 4 wrongful conviction review, $2,000,000 is for emer- 5 gency law enforcement assistance for events occur- 6 ring during or after fiscal year 2019, as authorized 7 by section 609M of the Justice Assistance Act of 8 1984 (34 U.S.C. 50101), $2,000,000 is for grants 9 to States and units of local government to deploy 10 managed access systems to combat contraband cell 11 phone use in prison, $2,000,000 is for a program to 12 improve juvenile indigent defense, and $8,000,000 is 13 for community-based violence prevention initiatives; (2) $243,500,000 for the State Criminal Alien 14 15 Assistance Program, as authorized by section 16 24l(i)(5) of the Immigration and Nationality Act (8 17 U.S.C. 1231(i)(5)): Provided, That no jurisdiction 18 shall request compensation for any cost greater than 19 the actual cost for Federal immigration and other 20 detainees housed in State and local detention facili- 21 ties; 22 (3) $85,000,000 for victim sel'Vlces programs 23 for victims of trafficking, as authorized by section 24 107(b)(2) of Public Law 106-386, for programs au- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 52 1 thorized under Public Law 109-164, or programs 2 authorized under Public Law 113-4; 3 (4) $14,000,000 for economic, high technology, 4 white collar, and Internet crime prevention grants, 5 including as authorized by section 401 of Public 6 Law 110-403, of which $2,500,000 is for competi- 7 tive grants that help State and local law enforce- 8 ment 9 $2,000,000 for a competitive grant program for 10 training students in computer forensics and digital 11 investigation; tackle intellectual property thefts, and 12 (5) $20,000,000 for sex offender management 13 assistance, as authorized by the Adam Walsh Act, 14 and related activities; 15 (6) $25,000,000 for the matching grant pro- 16 gram for law enforcement armor vests, as authorized 17 by section 2501 of title I of the 1968 Act: Provided, 18 That $1,500,000 is transferred directly to the Na- 19 tional Institute of Standards and Technology's Of- 20 fice of Law Enforcement Standards for research, 21 testing and evaluation programs; 22 23 (7) $1,000,000 for the National Sex Offender Public Website; 24 (8) $75,000,000 for grants to States to up- 25 grade criminal and mental health records for the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 53 1 National Instant Criminal Background Check Sys- 2 tern, of which no less than $25,000,000 shall be for 3 grants made under the authorities of the NICS Im- 4 provement Amendments Act of 2007 (Public Law 5 110-180) and Fix NICS Act of 2018; 6 (9) $30,000,000 for Paul Coverdell Forensic 7 Sciences Improvement Grants under part BB of title 8 I of the 1968 Act; 9 10 (10) $130,000,000 for DNA-related and forensic programs and activities, of which- 11 (A) $120,000,000 is for a DNA analysis 12 and capacity enhancement program and for 13 other local, State, and Federal forensic activi- 14 ties, including the purposes authorized under 15 section 2 of the DNA Analysis Backlog Elimi- 16 nation Act of 2000 (Public Law 106-546) (the 17 Debbie Smith DNA Backlog Grant Program): 18 Provided, That up to 4 percent of funds made 19 available under this paragraph may be used for 20 the purposes described in the DNA Training 21 and Education for Law Enforcement, Correc- 22 tional Personnel, and Court Officers program 23 (Public Law 108-405, section 303); 24 (B) $6,000,000 is for the purposes de- 25 scribed in the Kirk Bloodsworth Post-Convic- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 54 1 tion DNA Testing Grant Program (Public Law 2 108-405, section 412); and 3 (C) $4,000,000 is for Sexual Assault Fo- 4 rensic Exam Program grants, including as au- 5 thorized by section 304 of Public Law 108-405; 6 (11) $48,000,000 for a grant program for com- 7 munity-based sexual assault response reform; 8 (12) $12,000,000 for the court-appointed spe- 9 cial advocate program, as authorized by section 21 7 10 11 12 of the 1990 Act; (13) $37,500,000 for assistance to Indian tribes; 13 (14) $87,500,000 for offender reentry programs 14 and research, as authorized by the Second Chance 15 Act of 2007 (Public Law 110-199), without regard 16 to the time limitations specified at section 6(1) of 17 such Act, of which not to exceed $6,000,000 is for 18 a program to improve State, local, and tribal proba- 19 tion or parole supervision efforts and strategies, 20 $5,000,000 is for Children of Incarcerated Parents 21 Demonstrations to enhance and maintain parental 22 and family relationships for incarcerated parents as 23 a reentry or recidivism reduction strategy, and 24 $4,000,000 is for additional replication sites employ- 25 ing the Project HOPE Opportunity Probation with February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 55 1 Enforcement model implementing swift and certain 2 sanctions in probation, and for a research project on 3 the effectiveness of the model: Provided, That up to 4 $7,500,000 of funds made available in this para- 5 graph may be used for performance-based awards 6 for Pay for Success projects, of which up to 7 $5,000,000 shall be for Pay for Success programs 8 implementing the Permanent Supportive Housing 9 Model; 10 (15) $66,500,000 for initiatives to improve po- 11 lice-community relations, of which $22,500,000 is 12 for a competitive matching grant program for pur- 13 chases of body-worn cameras for State, local and 14 Tribal law enforcement, $27,000,000 is for a justice 15 reinvestment initiative, for activities related to crimi- 16 nal justice reform and recidivism reduction, and 17 $17,000,000 is for an Edward Byrne Memorial 18 criminal justice innovation program; 19 (16) $347,000,000 for comprehensive opioid 20 abuse reduction activities, including as authorized by 21 CARA, and for the following programs, which shall 22 address opioid abuse reduction consistent with un- 23 derlying program authorities- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xrnl 56 1 (A) $77,000,000 for Drug Courts, as au- 2 thorized by section 1001(a)(25)(A) of title I of 3 the 1968 Act; 4 (B) $31,000,000 for mental health courts 5 and adult and juvenile collaboration program 6 grants, as authorized by parts V and HH of 7 title I of the 1968 Act, and the Mentally Ill Of- 8 fender Treatment and Crime Reduction Reau- 9 thorization and Improvement Act of 2008 (Pub- 10 lie Law 110-416); 11 (C) $30,000,000 for grants for Residential 12 Substance Abuse Treatment for State Pris- 13 oners, as authorized by part S of title I of the 14 1968 Act; 15 16 (D) $22,000,000 for a veterans treatment courts program; 17 (E) $30,000,000 for a program to monitor 18 prescription drugs and scheduled listed chemical 19 products; and 20 (F) $157,000,000 for a comprehensive 21 opioid abuse program; 22 (17) $2,500,000 for a competitive grant pro- 23 gram authorized by the Keep Young Athletes Safe 24 Act; and February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 57 1 (18) $75,000,000 for grants to be administered 2 by the Bureau of Justice Assistance for purposes au- 3 thorized under the STOP School Violence Act: 4 Provided, That, if a unit of local government uses any of 5 the funds made available under this heading to increase 6 the number of law enforcement officers, the unit of local 7 government will achieve a net gain in the number of law 8 enforcement officers who perform non-administrative pub9 lie sector safety service. 10 11 JUVENILE JUSTICE PROGRAMS For grants, contracts, cooperative agreements, and 12 other assistance authorized by the Juvenile Justice and 13 Delinquency Prevention Act of 197 4 ("the 197 4 A.ct"); the 14 Omnibus Crime Control and Safe Streets Act of 1968 15 ("the 1968 Act"); the Violence Against Women and De16 partment of Justice Reauthorization Act of 2005 (Public 17 Law 109-162) ("the 2005 Act"); the Missing Children's 18 Assistance Act (34 U.S.C. 11291 et seq.); the Prosecu19 torial Remedies and Other Tools to end the Exploitation 20 of Children Today Act of 2003 (Public Law 108-21); the 21 Victims of Child Abuse Act of 1990 (Public Law 10122 647) ("the 1990 Act"); the Adam Walsh Child Protection 23 and Safety Act of 2006 (Public Law 109-248) ("the 24 Adam Walsh Act"); the PROTECT Our Children Act of 25 2008 (Public Law 110-401); the Violence Against Women February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 58 1 Reauthorization Act of 2013 (Public Law 113-4) ("the 2 2013 Act"); the Justice for All Reauthorization Act of 3 2016 (Public Law 114-324); and other juvenile justice 4 programs, $287,000,000, to remain available until ex5 pended as follows- 6 (1) $60,000,000 for programs authorized by 7 section 221 of the 197 4 Act, and for training and 8 technical assistance to assist small, nonprofit organi- 9 zations with the Federal grants process: Provided, 10 That of the amounts provided under this paragraph, 11 $500,000 shall be for a competitive demonstration 12 grant program to 13 among State, local and tribal juvenile justice resi- 14 dential facilities; support emergency planning 15 (2) $95,000,000 for youth mentoring grants; 16 (3) $24,500,000 for delinquency prevention, as 17 authorized by section 505 of the 197 4 Act, of which, 18 pursuant to sections 261 and 262 thereof- 19 20 (A) $5,000,000 shall be for the 'I1ribal Youth Program; 21 (B) $500,000 shall be for an Internet site 22 providing information and resources on children 23 of incarcerated parents; February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 59 1 (C) $2,000,000 shall be for competitive 2 grants focusing on girls in the juvenile justice 3 system; 4 5 6 (D) $9,000,000 shall be for an opioid-affected youth initiative; and (E) $8,000,000 shall be for an initiative 7 relating to children exposed to violence; 8 (4) $22,500,000 for programs authorized by 9 the Victims of Child Abuse Act of 1990; 10 (5) $82,000,000 for missing and exploited chil- 11 dren programs, including as authorized by sections 12 404(b) and 405(a) of the 1974 Act (except that sec- 13 tion 102(b)(4)(B) of the PROTECT Our Children 14 Act of 2008 (Public Law 110-401) shall not apply 15 for purposes of this Act); and 16 (6) $3,000,000 for child abuse training pro- 17 grams for judicial personnel and practitioners, as 18 authorized by section 222 of the 1990 Act: 19 Provided, That not more than 10 percent of each amount 20 may be used for research, evaluation, and statistics activi21 ties designed to benefit the programs or activities author22 ized: Provided further, That not more than 2 percent of 23 the amounts designated under paragraphs (1) through (3) 24 and (6) may be used for training and technical assistance: 25 Provided further, That the two preceding provisos shall not February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 60 1 apply to grants and projects administered pursuant to sec2 tions 261 and 262 of the 1974 Act and to missing and 3 exploited children programs. 4 PUBLIC SAFETY OFFICER BENEFITS 5 (INCLUDING TRANSFER OF FUNDS) 6 For payments and expenses authorized under section 7 lOOl(a)( 4) of title I of the Omnibus Crime Control and 8 Safe Streets Act of 1968, such sums as are necessary (in9 eluding amounts for administrative costs), to remain avail- 10 able until expended; and $24,800,000 for payments au11 thorized by section 120l(b) of such Act and for edu12 cational assistance authorized by section 1218 of such Act, 13 to remain available until expended: Provided, That not- 14 withstanding section 205 of this Act, upon a determina15 tion by the Attorney General that emergent circumstances 16 require additional funding for such disability and edu 17 cation payments, the Attorney General may transfer such 18 amounts to "Public Safety Officer Benefits" from avail19 able appropriations for the Department of Justice as may 20 be necessary to respond to such circumstances: Provided 21 further, That any transfer pursuant to the preceding pro22 viso shall be treated as a reprogramming under section 23 505 of this Act and shall not be available for obligation 24 or expenditure except in compliance with the procedures 25 set forth in that section. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 61 1 COMl\IUNITY ORIENTED POLICING SERVICES 2 COMMUNITY ORIENTED POLICING SERVICES PROGRAMS 3 (INCLUDING TRANSFER OF FUNDS) 4 For activities authorized by the Violent Crime Con- 5 trol and Law Enforcement Act of 1994 (Public Law 1036 322); the Omnibus Crime Control and Safe Streets Act 7 of 1968 ("the 1968 Act"); the Violence Against Women 8 and Department of Justice Reauthorization Act of 2005 9 (Public Law 109-162) ("the 2005 Act"); and the SUP10 PORT for Patients and Communities Act (Public Law 11 115-271), $303,500,000, to remain available until ex12 pended: Provided, That any balances made available 13 through prior year deobligations shall only be available in 14 accordance with section 505 of this Act: Provided further, 15 That of the amount provided under this heading16 (1) $228,500,000 is for grants under section 17 1701 of title I of the 1968 Act (34 U.S.C. 10381) 18 for the hiring and rehiring of additional career law 19 enforcement officers under part Q of such title not- 20 withstanding subsection (i) of such section: Pro- 21 vided, That, notwithstanding section 1704(c) of such 22 title (34 U.S.C. 10384(c)), funding for hiring or re- 23 hiring a career law enforcement officer may not ex- 24 ceed $125,000 unless the Director of the Office of 25 Community Oriented Policing Services grants a February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 62 1 waiver from this limitation: Provided further, That 2 within the amounts appropriated under this para- 3 graph, $27,000,000 is for improving tribal law en- 4 forcement, including hiring, equipment, training, 5 anti-methamphetamine activities, and anti-opioid ac- 6 tivities: Provided further, That of the amounts ap- 7 propriated under this paragraph, $6,500,000 is for 8 community policing development activities in fur- 9 therance of the purposes in section 1701: Provided 10 further, That of the amounts appropriated under 11 this paragraph $37,000,000 is for regional informa- 12 tion sharing activities, as authorized by part M of 13 title I of the 1968 A.ct, which shall be transferred 14 to and merged with "Research, Evaluation, and Sta- 15 tistics" for administration by the Office of Justice 16 Programs: 17 amounts appropriated under this paragraph, no less 18 than $3,000,000 is to support the Tribal Access 19 Program: Provided further, That within the amounts 20 appropriated under this paragraph, $2,000,000 is 21 for training, peer mentoring, and mental health pro- 22 gram activities as authorized under the Law En- 23 forcement Mental Health and Wellness A.ct (Public 24 Law 115-113); February 7, 2019 (2:04 p.m.) Provided further, That within the SEN. APPRO. U:\2019CONF\DivC-CJS.xml 63 1 2 (2) $10,000,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114-199); 3 (3) $8,000,000 is for competitive grants to 4 State law enforcement agencies in States with high 5 seizures of precursor chemicals, finished meth- 6 amphetamine, laboratories, and laboratory dump sei- 7 zures: Provided, That funds appropriated under this 8 paragraph shall be utilized for investigative purposes 9 to locate or investigate illicit activities, including 10 precursor diversion, laboratories, or methamphet- 11 amine traffickers; 12 (4) $32,000,000 1s for competitive grants to 13 statewide law enforcement agencies in States with 14 high rates of primary treatment admissions for her- 15 oin and other opioids: Provided, That these funds 16 shall be utilized for investigative purposes to locate 17 or investigate illicit activiti~s, including activities re- 18 lated to the distribution of heroin or unlawful dis- 19 tribution of prescription opioids, or unlawful heroin 20 and prescription opioid traffickers through statewide 21 collaboration; and 22 (5) $25,000,000 is for competitive grants to be 23 administered by the Community Oriented Policing 24 Services Office for purposes authorized under the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 64 1 STOP School Violence Act (title V of division S of 2 Public Law 115-141). 3 GENERAL PROVISIONS-DEPARTMENT OF JUSTICE 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 201. In addition to amounts otherwise made 6 available in this title for official reception and representa- 7 tion expenses, a total of not to exceed $50,000 from funds 8 appropriated to the Department of Justice in this title 9 shall be available to the Attorney General for official re- l O ception and representation expenses. 11 SEC. 202. None of the funds appropriated by this 12 title shall be available to pay for an abortion, except where 13 the life of the mother would be endangered if the fetus 14 were carried to term, or in the case of rape or incest: Prol 5 vided, That should this prohibition be declared unconstitu16 tional by a court of competent jurisdiction, this section 17 shall be null and void. 18 SEC. 203. None of the funds appropriated under this 19 title shall be used to require any person to perform, or 20 facilitate in any way the performance of, any abortion. 21 SEC. 204. Nothing in the preceding section shall re- 22 move the obligation of the Director of the Bureau of Pris23 ons to provide escort services necessary for a female in24 mate to receive such service outside the Federal facility: 25 Provided, That nothing in this section in any way dimin- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 65 1 ishes the effect of section 203 intended to address the phil2 osophical beliefs of individual employees of the Bureau of 3 Prisons. 4 SEC. 205. Not to exceed 5 percent of any appropria- 5 tion made available for the current fiscal year for the De6 partment of Justice in this Act may be transferred be7 tween such appropriations, but no such appropriation, ex- 8 cept as otherwise specifically provided, shall be increased 9 by more than 10 percent by any such transfers: Provided, 10 That any transfer pursuant to this section shall be treated 11 as a reprogramming of funds under section 505 of this 12 Act and shall not be available for obligation except in com13 pliance with the procedures set forth in that section. 14 SEC. 206. None of the funds made available under 15 this title may be used by the Federal Bureau of Prisons 16 or the United States Marshals Service for the purpose of 17 transporting an individual who is a prisoner pursuant to 18 conviction for crime under State or Federal law and is 19 classified as a maximum or high security prisoner, other 20 than to a prison or other facility certified by the Federal 21 Bureau of Prisons as appropriately secure for housing 22 such a prisoner. 23 SEC. 207. (a) None of the funds appropriated by this 24 Act may be used by Federal prisons to purchase cable tele25 vision services, or to rent or purchase audiovisual or elec- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 66 1 tronic media or equipment used primarily for recreational 2 purposes. 3 (b) Subsection (a) does not preclude the rental, main- 4 tenance, or purchase of audiovisual or electronic media or 5 equipment for inmate training, religious, or educational 6 programs. 7 SEC. 208. None of the funds made available under 8 this title shall be obligated or expended for any new or 9 enhanced information technology program having total es- 10 timated development costs in excess of $100,000,000, un11 less the Deputy Attorney General and the investment re12 view board certify to the Committees on Appropriations 13 of the House of Representatives and the Senate that the 14 information technology program has appropriate program 15 management controls and contractor oversight mecha16 nisms in place, and that the program is compatible with 17 the enterprise architecture of the Department of Justice. 18 SEC. 209. The notification thresholds and procedures 19 set forth in section 505 of this Act shall apply to devi20 ations from the amounts designated for specific activities 21 in this Act and in the joint explanatory statement accom22 panying this Act, and to any use of deobligated balances 23 of funds provided under this title in previous years. 24 SEC. 210. None of the funds appropriated by this Act 25 may be used to plan for, begin, continue, finish, process, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 67 1 or approve a public-private competition under the Office 2 of Management and Budget Circular A-7 6 or any suc3 cessor administrative regulation, directive, or policy for 4 work performed by employees of the Bureau of Prisons 5 or of Federal Prison Industries, Incorporated. 6 SEC. 211. Notwithstanding any other provision of 7 law, no funds shall be available for the salary, benefits, 8 or expenses of any United States Attorney assigned dual 9 or additional responsibilities by the Attorney General or 10 his designee that exempt that United States Attorney 11 from the residency requirements of section 545 of title 28, 12 United States Code. 13 SEC. 212. At the discretion of the Attorney General, 14 and in addition to any amounts that otherwise may be 15 available (or authorized to be made available) by law, with 16 respect to funds appropriated by this title under the head17 ings "Research, Evaluation and Statistics", "State and 18 Local Law Enforcement Assistance", and "Juvenile Jus19 tice Programs"20 (1) up to 3 percent of funds made available to 21 the Office of Justice Programs for grant or reim- 22 bursement programs may be used by such Office to 23 provide training and technical assistance; and 24 (2) up to 2.5 percent of funds made available 25 for grant or reimbursement programs under such February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 68 1 headings, except for amounts appropriated specifi- 2 cally for research, evaluation, or statistical programs 3 administered by the National Institute of Justice 4 and the Bureau of Justice Statistics, shall be trans- 5 ferred to and merged with funds provided to the Na- 6 tional Institute of Justice and the Bureau of Justice 7 Statistics, to be used by them for research, evalua- 8 tion, or statistical purposes, without regard to the 9 authorizations for such grant or reimbursement pro- 10 grams. 11 SEC. 213. Upon request by a grantee for whom the 12 Attorney General has determined there is a fiscal hard- 13 ship, the Attorney General may, with respect to funds ap14 propriated in this or any other Act making appropriations 15 for fiscal years 2016 through 2019 for the following pro- 16 grams, waive the following requirements: 17 (1) For the adult and juvenile offender State 18 and local reentry demonstration projects under part 19 FF of title I of the Omnibus Crime Control and 20 Safe Streets Act of 1968 (34 U.S.C. 10631 et seq.), 21 the requirements under section 2976(g)(l) of such 22 part (34 U.S.C. 10631(g)(l)). 23 (2) For State, Tribal, and local reentry courts 24 under part FF of title I of such Act of 1968 (34 25 U.S.C. 10631 et seq.), the requirements under sec- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 69 1 tion 2978(e)(l) and (2) of such part (34 U.S.C. 2 10633(e)(l) and (2)). 3 (3) For the prosecution drug treatment alter- 4 natives to prison program under part CC of title I 5 of such Act of 1968 (34 U.S.C. 10581), the require- 6 ments under the second sentence of section 2901(f) 7 of such part (34 U.S.C. 1058l(f)). 8 SEC. 214. Notwithstanding any other provis10n of 9 law, section 20109(a) of subtitle A of title II of the Violent 10 Crime Control and Law Enforcement Act of 1994 (34 11 U.S.C. 12109(a)) shall not apply to amounts made avail12 able by this or any other Act. 13 SEC. 215. None of the funds made available under 14 this Act, other than for the national instant criminal back- 15 ground check system established under section 103 of the 16 Brady Handgun Violence Prevention Act (34 U.S.C. 17 40901), may be used by a Federal law enforcement officer 18 to facilitate the transfer of an operable firearm to an indi19 vidual if the Federal law enforcement officer knows or sus20 pects that the individual is an agent of a drug cartel, un- 21 less law enforcement personnel of the United States con22 tinuously monitor or control the firearm at all times. 23 SEC. 216. (a) None of the income retained in the De- 24 partment of Justice Working Capital Fund pursuant to 25 title I of Public Law 102-140 (105 Stat. 784; 28 U.S.C. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.:xml SEN. APPRO. 70 1 527 note) shall be available for obligation during fiscal 2 year 2019, except up to $12,000,000 may be obligated for 3 implementation of a unified Department of Justice finan4 cial management system. 5 (b) Not to exceed $30,000,000 of the unobligated bal- 6 ances transferred to the capital account of the Department 7 of Justice Working Capital Fund pursuant to title I of 8 Public Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) 9 shall be available for obligation in fiscal year 2019, and 10 any use, obligation, transfer or allocation of such funds 11 shall be treated as a reprogramming of funds under sec12 tion 505 of this Act. 13 (c) Not to exceed $10,000,000 of the excess unobli- 14 gated balances available under section 524(c)(8)(E) of 15 title 28, United States Code, shall be available for obliga16 tion during fiscal year 2019, and any use, obligation, 17 transfer or allocation of such funds shall be treated as a 18 reprogramming of funds under section 505 of this Act. 19 SEC. 217. Discretionary funds that are made avail- 20 able in this Act for the Office of Justice Programs may 21 be used to participate in Performance Partnership Pilots 22 authorized under section 526 of division H of Public Law 23 113-76, section 524 of division G of Public Law 113-235, 24 section 525 of division H of Public Law 114-113, and 25 such authorities as are enacted for Performance Partner- February 7, 2019 (2:04 p.m.) U :\2019CONF\DivC-CJS.xml SEN. APPRO. 71 1 ship Pilots in an appropriations Act for fiscal years 2018 2 and 2019. 3 This title may be cited as the "Department of Justice 4 Appropriations Act, 2019". February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 72 1 TITLE III 2 SCIENCE 3 OFFICE OF SCIENCE .AND TECHNOLOGY POLICY 4 For necessary expenses of the Office of Science and 5 Technology Policy, in carrying out the purposes of the Na6 tional Science and Technology Policy, Organization, and 7 Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 8 passenger motor vehicles, and services as authorized by 9 section 3109 of title 5, United States Code, not to exceed 10 $2,250 for official reception and representation expenses, 11 and rental of conference rooms in the District of Colum12 bia, $5,544,000. 13 14 NATIONAL SPACE COUNCIL For necessary expenses of the National Space Coun- 15 cil, in carrying out the purposes of Title V of Public Law 16 100-685 and Executive Order 13803, hire of passenger 17 motor vehicles, and services as authorized by section 3109 18 of title 5, United States Code, not to exceed $2,250 for 19 official reception and representation expenses, 20 $1,965,000: Provided, That notwithstanding any other 21 provision of law, the National Space Council may accept 22 personnel support from Federal agencies, departments, 23 and offices, and such Federal agencies, departments, and 24 offices may detail staff without reimbursement to the Na25 tional Space Council for purposes provided herein. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 73 1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 2 SCIENCE 3 For necessary expenses, not otherwise provided for, 4 in the conduct and support of science research and devel- 5 opment activities, including research, development, oper6 ations, support, and services; maintenance and repair, fa7 cility planning and design; space flight, spacecraft control, 8 and communications activities; program management; per- 9 sonnel and related costs, including uniforms or allowances 10 therefor, as authorized by sections 5901 and 5902 of title 11 5, United States Code; travel expenses; purchase and hire 12 of passenger motor vehicles; and purchase, lease, charter, 13 maintenance, and operation of mission and administrative 14 aircraft, $6,905,700,000, to remain available until Sep- 15 tember 30, 2020: Provided, That, of the amounts pro16 vided, $545,000,000 is for an orbiter and $195,000,000 17 is for a lander to meet the science goals for the Jupiter 18 Europa mission as recommended in previous Planetary 19 Science Decadal surveys: Provided further, rrhat the Na20 tional Aeronautics and Space Administration shall use the 21 Space Launch System as the launch vehicles for the Jupi22 ter Europa missions, plan for an orbiter launch no later 23 than 2023 and a lander launch no later than 2025, and 24 include in the fiscal year 2020 budget the 5-year funding 25 profile necessary to achieve these goals. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 74 1 2 AERONAUTICS For necessary expenses, not otherwise provided for, 3 in the conduct and support of aeronautics research and 4 development activities, including research, development, 5 operations, support, and services; maintenance and repair, 6 facility planning and design; space flight, spacecraft con- 7 trol, and communications activities; program manage- 8 ment; personnel and related costs, including uniforms or 9 allowances therefor, as authorized by sections 5901 and 10 5902 of title 5, United States Code; travel expenses; pur- 11 chase and hire of passenger motor vehicles; and purchase, 12 lease, charter, maintenance, and operation of mission and 13 administrative aircraft, $725,000,000, to remain available 14 until September 30, 2020. 15 16 SPACE TECHNOLOGY For necessary expenses, not otherwise provided for, 17 in the conduct and support of space technology research 18 and development activities, including research, develop19 ment, operations, support, and services; maintenance and 20 repair, facility planning and design; space flight, space21 craft control, and communications activities; program 22 management; personnel and related costs, including uni23 forms or allowances therefor, as authorized by sections 24 5901 and 5902 of title 5, United States Code; travel ex25 penses; purchase and hire of passenger motor vehicles; and February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 75 1 purchase, lease, charter, maintenance, and operation of 2 mission and administrative aircraft, $926,900,000, to re3 main available until September 30, 2020: Provided, That 4 $180,000,000 shall be for RESTORE-L. 5 6 EXPLORATION For necessary expenses, not otherwise provided for, 7 in the conduct and support of exploration research and 8 development activities, including research, development, 9 operations, support, and services; maintenance and repair, 10 facility planning and design; space flight, spacecraft con11 trol, and communications activities; program manage12 ment; personnel and related costs, including uniforms or 13 allowances therefor, as authorized by sections 5901 and 14 5902 of title 5, United States Code; travel expenses; pur- 15 chase and hire of passenger motor vehicles; and purchase, 16 lease, charter, maintenance, and operation of mission and 17 administrative aircraft, $5,050,800,000, to remain avail18 able until September 30, 2020: Provided, That not less 19 than $1,350,000,000 shall be for the Orion Multi-Purpose 20 Crew Vehicle: Provided further, That not less than 21 $2,150,000,000 shall be for the Space Launch System 22 (SLS) launch vehicle, which shall have a lift capability not 23 less than 130 metric tons and which shall have core ele24 ments and an Exploration Upper Stage developed simulta25 neously: Provided further, rrhat of the amounts provided February 7, 2019 (2:04 p.m.) SEN. APPRO. U: \2019CO NF\DivC-CJS.xml 76 1 for SLS, not less than $150,000,000 shall be for Explo2 ration Upper Stage development: Provided further, That 3 $592,800,000 shall be for Exploration Ground Systems, 4 including $48,000,000 for a second mobile launch plat5 form and associated SLS activities: Provided further, That 6 the National Aeronautics and Space Administration 7 (NASA) shall provide to the Committees on Appropria8 tions of the House of Representatives and the Senate, con9 current with the annual budget submission, a 5-year budg- 10 et profile for an integrated system that includes the Space 11 Launch System, the Orion Multi-Purpose Crew Vehicle, 12 and associated ground systems that will ensure an Explo13 ration Mission-2 crewed launch as early as possible, as 14 well as a system-based funding profile for a sustained 15 launch cadence beyond the initial crewed test launch: Pro16 vided further, That $958,000,000 shall be for exploration 17 research and development. 18 19 SPACE OPE&~TIONS For necessary expenses, not otherwise provided for, 20 in the conduct and support of space operations research 21 and development activities, including research, develop22 ment, operations, support and services; space flight, space23 craft control and communications activities, including op24 erations, production, and services; maintenance and re25 pair, facility planning and design; program management; February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 77 1 personnel and related costs, including uniforms or allow- 2 ances therefor, as authorized by sections 5901 and 5902 3 of title 5, United States Code; travel expenses; purchase 4 and hire of passenger motor vehicles; and purchase, lease, 5 charter, maintenance and operation of mission and admin6 istrative aircraft, $4,639,100,000, to remain available 7 until September 30, 2020. 8 SCIENCE, TECHNOLOGY, ENGINEERING, AND 9 MATHEM.A.TICS ENGAGEMENT 10 For necessary expenses, not otherwise provided for, 11 in the conduct and support of aerospace and aeronautical 12 education research and development activities, including 13 research, development, operations, support, and services; 14 program management; personnel and related costs, includ15 ing uniforms or allowances therefor, as authorized by sec16 tions 5901 and 5902 of title 5, United States Code; travel 17 expenses; purchase and hire of passenger motor vehicles; 18 and purchase, lease, charter, maintenance, and operation 19 of mission and administrative aircraft, $110,000,000, to 20 remain available until September 30, 2020, of which 21 $21,000,000 shall be for the Established Program to 22 Stimulate Competitive Research and $44,000,000 shall be 23 for the National Space Grant College and Fellowship Pro24 gram. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 78 1 SAFETY, SECURITY A.ND MISSION SERVICES 2 For necessary expenses, not otherwise provided for, 3 in the conduct and support of science, aeronautics, space 4 technology, exploration, space operations and education 5 research and development activities, including research, 6 development, operations, support, and services; mainte- 7 nance and repair, facility planning and design; space 8 flight, spacecraft control, and communications activities; 9 program management; personnel and related costs, includ10 ing uniforms or allowances therefor, as authorized by sec- 11 tions 5901 and 5902 of title 5, United States Code; travel 12 expenses; purchase and hire of passenger motor vehicles; 13 not to exceed $63,000 for official reception and represen14 tation expenses; and purchase, lease, charter, mainte15 nance, and operation of mission and administrative air16 craft, $2,755,000,000, to remain available until Sep17 tember 30, 2020. 18 CONSTRUCTION AND ENVIRONMENT.AL COMPLLlliCE AND 19 RESTORATION 20 For necessary expenses for construction of facilities 21 including repair, rehabilitation, revitalization, and modi22 fication of facilities, construction of new facilities and ad- 23 ditions to existing facilities, facility planning and design, 24 and restoration, and acquisition or condemnation of real 25 property, as authorized by law, and environmental compli- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 79 1 ance and restoration, $348,200,000, to remain available 2 until September 30, 2024: Provided, That proceeds from 3 leases deposited into this account shall be available for a 4 period of 5 years to the extent and in amounts as provided 5 in annual appropriations Acts: Provided further, That such 6 proceeds referred to in the preceding proviso shall be avail- 7 able for obligation for fiscal year 2019 in an amount not 8 to exceed $17,000,000: Provided further, That each an9 nual budget request shall include an annual estimate of 10 gross receipts and collections and proposed use of all funds 11 collected pursuant to section 20145 of title 51, United 12 States Code. 13 14 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 15 General in carrying out the Inspector General Act of 1978, 16 $39,300,000, of which $500,000 shall remain available 17 until September 30, 2020. 18 ~IDJ\IINISTRA.TIVE PROVISIONS 19 (INCLUDING TRANSFERS OF FUNDS) 20 Funds for any announced prize otherwise authorized 21 shall remain available, without fiscal year limitation, until 22 a prize is claimed or the offer is withdrawn. 23 Not to exceed 5 percent of any appropriation made 24 available for the current fiscal year for the National Aero25 nautics and Space Administration in this Act may be February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 80 1 transferred between such appropriations, but no such ap2 propriation, except as otherwise specifically provided, shall 3 be increased by more than 10 percent by any such trans4 fers. Balances so transferred shall be merged with and 5 available for the same purposes and the same time period 6 as the appropriations to which transferred. Any transfer 7 pursuant to this provision shall be treated as a reprogram8 ming of funds under section 505 of this Act and shall not 9 be available for obligation except in compliance with the 10 procedures set forth in that section. 11 The spending plan required by this Act shall be pro- 12 vided by NASA at the theme, program, project and activ13 ity level. The spending plan, as well as any subsequent 14 change of an amount established in that spending plan 15 that meets the notification requirements of section 505 of 16 this Act, shall be treated as a reprogramming under sec17 tion 505 of this Act and shall not be available for obliga- 18 tion or expenditure except in compliance with the proce19 dures set forth in that section. 20 The unexpired balances of the "Education" account, 21 for activities for which funds are provided in this Act, may 22 be transferred to the "Science, Technology, Engineering, 23 and Mathematics Engagement" account established in 24 this Act. Balances so transferred shall be merged with the 25 funds in the newly established account, but shall be avail- February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 81 1 able under the same terms, conditions and period of time 2 as previously appropriated. 3 Not more than 50 percent of the amounts made avail- 4 able in this Act for the Lunar Orbital Platform; Advanced 5 Cislunar and Surface Capabilities; Commercial LEO De6 velopment; and Lunar Discovery and Exploration, exclud7 ing the Lunar Reconnaissance Orbiter, may be obligated 8 until the Administrator submits a multi-year plan to the 9 Committees on Appropriations of the House of Represent10 atives and the Senate that identifies estimated dates, by 11 fiscal year, for Space Launch System flights to build the 12 Lunar Orbital Platform; the commencement of partner13 ships with commercial entities for additional LEO mis14 sions to land humans and rovers on the Moon; and con15 ducting additional scientific activities on the Moon. The 16 multi-year plan shall include key milestones to be met by 17 fiscal year to achieve goals for each of the lunar programs 18 described in the previous sentence and funding required 19 by fiscal year to achieve such milestones. 20 NATIONAL SCIENCE FOUNDATION 21 RESEARCH AND RELATED ACTIVITIES 22 For necessary expenses in carrying out the National 23 Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), 24 and Public Law 86-209 (42 U.S.C. 1880 et seq.); services 25 as authorized by section 3109 of title 5, United States February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 82 1 Code; maintenance and operation of aircraft and purchase 2 of flight services for research support; acquisition of air3 craft; and authorized travel; $6,520,000,000, to remain 4 available until September 30, 2020, of which not to exceed 5 $544,000,000 shall remain available until expended for 6 polar research and operations support, and for reimburse7 ment to other Federal agencies for operational and science 8 support and logistical and other related activities for the 9 United States Antarctic program: Provided, That receipts 10 for scientific support services and materials furnished by 11 the National Research Centers and other National Science 12 Foundation supported research facilities may be credited 13 to this appropriation. 14 MAJOR RESEARCH EQUIPMENT AND FACILITIES 15 CONSTRUCTION 16 For necessary expenses for the acquisition, construc- 17 tion, commissioning, and upgrading of major research 18 equipment, facilities, and other such capital assets pursu19 ant to the National Science Foundation Act of 1950 (42 20 U.S.C. 1861 et seq.), including authorized travel, 21 $295,740,000, to remain available until expended. 22 23 EDUCATION AND HUMAN RESOURCES For necessary expenses in carrying out science, math- 24 ematics and engineering education and human resources 25 programs and activities pursuant to the National Science February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 83 1 Foundation Act of 1950 (42 U.S.C. 1861 et seq.), includ2 ing services as authorized by section 3109 of title 5, 3 United States Code, authorized travel, and rental of con4 ference rooms in the District of Columbia, $910,000,000, 5 to remain available until September 30, 2020. 6 AGENCY OPERA.TIONS AND AW.ARD MANAGEMENT 7 For agency operations and award management nec- 8 essary in carrying out the National Science Foundation 9 Act of 1950 (42 U.S.C. 1861 et seq.); services authorized 10 by section 3109 of title 5, United States Code; hire of pas11 senger motor vehicles; uniforms or allowances therefor, as 12 authorized by sections 5901 and 5902 of title 5, United 13 States Code; rental of conference rooms in the District of 14 Columbia; and reimbursement of the Department of 15 Homeland Security for security guard services; 16 $329,540,000: Provided, That not to exceed $8,280 is for 17 official reception and representation expenses: Provided 18 further, That contracts may be entered into under this 19 heading in fiscal year 2019 for maintenance and operation 20 of facilities and for other services to be provided during 21 the next fiscal year. 22 23 OFFICE OF THE NATIONAL SCIENCE BOARD For necessary expenses (including payment of sala- 24 ries, authorized travel, hire of passenger motor vehicles, 25 the rental of conference rooms in the District of Columbia, February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 84 1 and the employment of experts and consultants under sec2 tion 3109 of title 5, United States Code) involved in car3 rying out section 4 of the National Science Foundation 4 Act of 1950 (42 U.S.C. 1863) and Public Law 86-209 5 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not 6 to exceed $2,500 shall be available for official reception 7 and representation expenses. 8 9 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 10 General as authorized by the Inspector General Act of 11 1978, $15,350,000, of which $400,000 shall remain avail12 able until September 30, 2020. 13 ADl\IINISTR.A._TIVE PROVISIONS 14 (INCLUDING TRANSFER OF FUNDS) 15 Not to exceed 5 percent of any appropriation made 16 available for the current fiscal year for the National 17 Science Foundation in this Act may be transferred be18 tween such appropriations, but no such appropriation shall 19 be increased by more than 10 percent by any such trans- 20 fers. Any transfer pursuant to this paragraph shall be 21 treated as a reprogramming of funds under section 505 22 of this Act and shall not be available for obligation except 23 in compliance with the procedures set forth in that section. 24 The Director of the National Science Foundation 25 (NSF) shall notify the Committees on Appropriations of February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 85 1 the House of Representatives and the Senate at least 30 2 days in advance of any planned divestment through trans3 fer, decommissioning, termination, or deconstruction of 4 any NSF-owned facilities or any NSF capital assets (in5 eluding land, structures, and equipment) valued greater 6 than $2,500,000. 7 This title may be cited as the '' Science Appropria- 8 tions Act, 2019". February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 86 1 TITLE IV 2 RELATED AGENCIES 3 COMMISSION ON CIVIL RIGHTS 4 SALARIES AND EXPENSES 5 For necessary expenses of the Commission on Civil 6 Rights, including hire of passenger motor vehicles, 7 $10,065,000: Provided, That none of the funds appro8 priated in this paragraph may be used to employ any indi9 viduals under Schedule C of subpart C of part 213 of title 10 5 of the Code of Federal Regulations exclusive of one spe11 cial assistant for each Commissioner: Provided further, 12 That none of the funds appropriated in this paragraph 13 shall be used to reimburse Commissioners for more than 14 7 5 billable days, with the exception of the chairperson, 15 who is permitted 125 billable days: Provided further, That 16 none of the funds appropriated in this paragraph shall be 17 used for any activity or expense that is not explicitly au18 thorized by section 3 of the Civil Rights Commission Act 19 of 1983 (42 U.S.C. 1975a). 20 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 21 SALARIES .AND EXPENSES 22 For necessary expenses of the Equal Employment 23 Opportunity Commission as authorized by title VII of the 24 Civil Rights Act of 1964, the Age Discrimination in Em25 ployment Act of 1967, the Equal Pay Act of 1963, the February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 87 1 Americans with Disabilities Act of 1990, section 501 of 2 the Rehabilitation Act of 1973, the Civil Rights Act of 3 1991, the Genetic Information Nondiscrimination Act 4 (GINA) of 2008 (Public Law 110-233), the ADA Amend5 ments Act of 2008 (Public Law 110-325), and the Lilly 6 Ledbetter Fair Pay Act of 2009 (Public Law 111-2), in7 eluding services as authorized by section 3109 of title 5, 8 United States Code; hire of passenger motor vehicles as 9 authorized by section 1343(b) of title 31, United States 10 Code; nonmonetary awards to private citizens; and up to 11 $29,500,000 for payments to State and local enforcement 12 agencies for authorized services to the Commission, 13 $379,500,000: Provided, That the Commission is author14 ized to make available for official reception and represen15 tation expenses not to exceed $2,250 from available funds: 16 Provided further, That the Commission may take no action 17 to implement any workforce repositioning, restructuring, 18 or reorganization until such time as the Committees on 19 Appropriations of the House of Representatives and the 20 Senate have been notified of such proposals, in accordance 21 with the reprogramming requirements of section 505 of 22 this Act: Provided further, That the Chair is authorized 23 to accept and use any gift or donation to carry out the 24 work of the Commission. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 88 1 INTERNATIONAL TRADE COl\IMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the International Trade 4 Commission, including hire of passenger motor vehicles 5 and services as authorized by section 3109 of title 5, 6 United States Code, and not to exceed $2,250 for official 7 reception and representation expenses, $95,000,000, to re8 main available until expended. 9 LEG.AL SERVICES CORPORATION 10 PAYMENT TO THE LEGAL SERVICES CORPORATION 11 For payment to the Legal Services Corporation to 12 carry out the purposes of the Legal Services Corporation 13 Act of 197 4, $415,000,000, of which $380,500,000 is for 14 basic field programs and required independent audits; 15 $5,100,000 is for the Office of Inspector General, of which 16 such amounts as may be necessary may be used to conduct 17 additional audits of recipients; $19,400,000 is for manage- 18 ment and grants oversight; $4,000,000 is for client self19 help and information technology; $4,500,000 is for a Pro 20 Bono Innovation Fund; and $1,500,000 is for loan repay21 ment assistance: Provided, That the Legal Services Cor22 poration may continue to provide locality pay to officers 23 and employees at a rate no greater than that provided by 24 the Federal Government to Washington, DC-based em25 ployees as authorized by section 5304 of title 5, United February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 89 1 States Code, notwithstanding section 1005(d) of the Legal 2 Services Corporation Act (42 U.S.C. 2996d(d)): Provided 3 further, That the authorities provided in section 205 of 4 this Act shall be applicable to the Legal Services Corpora- 5 tion: Provided further, That, for the purposes of section 6 505 of this Act, the Legal Services Corporation shall be 7 considered an agency of the United States Government. 8 ADMINISTRATIVE PROVISION-LEGAL SERVICES 9 CORPORATION 10 None of the funds appropriated in this Act to the 11 Legal Services Corporation shall be expended for any pur12 pose prohibited or limited by, or contrary to any of the 13 provisions of, sections 501, 502, 503, 504, 505, and 506 14 of Public Law 105-119, and all funds appropriated in this 15 Act to the Legal Services Corporation shall be subject to 16 the same terms and conditions set forth in such sections, 17 except that all references in sections 502 and 503 to 1997 18 and 1998 shall be deemed to refer instead to 2018 and 19 2019, respectively. 20 MARINE MAMMAL COMl\IISSION 21 SALARIES AND EXPENSES 22 For necessary expenses of the Marine Mammal Com- 23 mission as authorized by title II of the Marine Mammal 24 Protection Act of 1972 (16 U.S.C. 1361 et seq.), 25 $3,516,000. February 7, 2019 (2:04 p.m.) U: \2019CO NF\DivC-CJS.xrnl SEN. APPRO. 90 1 OFFICE OF THE UNITED STATES TRADE 2 REPRESENTATIVE 3 SALARIES AND EXPENSES 4 For necessary expenses of the Office of the United 5 States Trade Representative, including the hire of pas6 senger motor vehicles and the employment of experts and 7 consultants as authorized by section 3109 of title 5, 8 United States Code, $53,000,000, of which $1,000,000 9 shall remain available until expended: Provided, That of 10 the total amount made available under this heading, not 11 to exceed $124,000 shall be available for official reception 12 and representation expenses. 13 TRADE ENFORCEMENT TRUST FUND 14 (INCLUDING TRANSFER OF FUNDS) 15 For activities of the United States Trade Representa- 16 tive authorized by section 611 of the Trade Facilitation 17 and Trade Enforcement Act of 2015 (19 U.S.C. 4405), 18 including transfers, $15,000,000, to be derived from the 19 Trade Enforcement Trust Fund: Provided, That any 20 transfer pursuant to subsection (d)(l) of such section shall 21 be treated as a reprogramming under section 505 of this 22 Act. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 91 1 STATE JUSTICE INSTITUTE 2 SALARIES AND EXPENSES 3 For necessary expenses of the State Justice Institute, 4 as authorized by the State Justice Institute Act of 1984 5 (42 U.S.C. 10701 et seq.) $5,971,000, of which $500,000 6 shall remain available until September 30, 2020: Provided, 7 That not to exceed $2,250 shall be available for official 8 reception and representation expenses: Provided further, 9 That, for the purposes of section 505 of this Act, the State 10 Justice Institute shall be considered an agency of the 11 United States Government. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 92 1 TITLE V 2 GENERAL PROVISIONS 3 (INCLUDING RESCISSIONS) 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 501. No part of any appropriation contained in 6 this Act shall be used for publicity or propaganda purposes 7 not authorized by the Congress. 8 SEC. 502. No part of any appropriation contained in 9 this Act shall remain available for obligation beyond the 10 current fiscal year unless expressly so provided herein. 11 SEC. 503. The expenditure of any appropriation 12 under this Act for any consulting service through procure- 13 ment contract, pursuant to section 3109 of title 5, United 14 States Code, shall be limited to those contracts where such 15 expenditures are a matter of public record and available 16 for public inspection, except where otherwise provided 17 under existing law, or under existing Executive order 18 issued pursuant to existing law. 19 SEC. 504. If any provision of this Act or the applica- 20 tion of such provision to any person or circumstances shall 21 be held invalid, the remainder of the Act and the applica22 tion of each provision to persons or circumstances other 23 than those as to which it is held invalid shall not be af24 fected thereby. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 93 1 SEC. 505. None of the funds provided under this Act, 2 or provided under previous appropriations Acts to the 3 agencies funded by this Act that remain available for obli4 gation or expenditure in fiscal year 2019, or provided from 5 any accounts in the Treasury of the United States derived 6 by the collection of fees available to the agencies funded 7 by this Act, shall be available for obligation or expenditure 8 through a reprogramming of funds that: (1) creates or ini9 tiates a new program, project or activity; (2) eliminates 10 a program, project or activity; (3) increases funds or per11 sonnel by any means for any project or activity for which 12 funds have been denied or restricted; (4) relocates an of13 fice or employees; (5) reorganizes or renames offices, pro14 grams or activities; (6) contracts out or privatizes any 15 functions or activities presently performed by Federal em16 ployees; (7) augments existing programs, projects or ac17 tivities in excess of $500,000 or 10 percent, whichever is 18 less, or reduces by 10 percent funding for any program, 19 project or activity, or numbers of personnel by 10 percent; 20 or (8) results from any general savings, including savings 21 from a reduction in personnel, which would result in a 22 change in existing programs, projects or activities as ap- 23 proved by Congress; unless the House and Senate Com24 mittees on Appropriations are notified 15 days in advance 25 of such reprogramming of funds. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 94 1 SEC. 506. (a) If it has been finally determined by 2 a court or Federal agency that any person intentionally 3 affixed a label bearing a "Made in America" inscription, 4 or any inscription with the same meaning, to any product 5 sold in or shipped to the United States that is not made 6 in the United States, the person shall be ineligible to re7 ceive any contract or subcontract made with funds made 8 available in this Act, pursuant to the debarment, suspen- 9 sion, and ineligibility procedures described in sections 10 9.400 through 9.409 of title 48, Code of Federal Regula11 tions. 12 (b)(l) To the extent practicable, with respect to au- 13 thorized purchases of promotional items, funds made 14 available by this Act shall be used to purchase items that 15 are manufactured, produced, or assembled in the United 16 States, its territories or possessions. 17 (2) The term "promotional items" has the meaning 18 given the term in 0MB Circular A-87, Attachment B, 19 Item (l)(f)(3). 20 SEC. 507. (a) The Departments of Commerce and 21 Justice, the National Science Foundation, and the Na22 tional Aeronautics and Space Administration shall provide 23 to the Committees on Appropriations of the House of Rep24 resentatives and the Senate a quarterly report on the sta25 tus of balances of appropriations at the account level. For February 7, 2019 (2:04 p.m.) U :\2019CO NF\DivC-CJS.xml SEN. APPRO. 95 1 unobligated, uncommitted balances and unobligated, com2 mitted balances the quarterly reports shall separately 3 identify the amounts attributable to each source year of 4 appropriation from which the balances were derived. For 5 balances that are obligated, but unexpended, the quarterly 6 reports shall separately identify amounts by the year of 7 obligation. 8 (b) The report described in subsection (a) shall be 9 submitted within 3 0 days of the end of each quarter. 10 (c) If a department or agency is unable to fulfill any 11 aspect of a reporting requirement described in subsection 12 (a) due to a limitation of a current accounting system, 13 · the department or agency shall fulfill such aspect to the 14 maximum extent practicable under such accounting sys15 tern and shall identify and describe in each quarterly re16 port the extent to which such aspect is not fulfilled. 17 SEC. 508. Any costs incurred by a department or 18 agency funded under this Act resulting from, or to pre19 vent, personnel actions taken in response to funding re20 ductions included in this Act shall be absorbed within the 21 total budgetary resources available to such department or 22 agency: Provided, That the authority to transfer funds be23 tween appropriations accounts as may be necessary to 24 carry out this section is provided in addition to authorities 25 included elsewhere in this Act: Provided further, That use February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 96 1 of funds to carry out this section shall be treated as a 2 reprogramming of funds under section 505 of this Act and 3 shall not be available for obligation or expenditure except 4 in compliance with the procedures set forth in that section: 5 Provided further, That for the Department of Commerce, 6 this section shall also apply to actions taken for the care 7 and protection of loan collateral or grant property. 8 SEC. 509. None of the funds provided by this Act 9 shall be available to promote the sale or export of tobacco 10 or tobacco products, or to seek the reduction or removal 11 by any foreign country of restrictions on the marketing 12 of tobacco or tobacco products, except for restrictions 13 which are not applied equally to all tobacco or tobacco 14 products of the same type. 15 SEC. 510. Notwithstanding any other provis10n of 16 law, amounts deposited or available in the Fund estab17 lished by section 1402 of chapter XIV of title II of Public 18 Law 98-473 (34 U.S.C. 20101) in any fiscal year in ex19 cess of $3,353,000,000 shall not be available for obligation 20 until the following fiscal year: Provided, That notwith21 standing section 1402(d) of such Act, of the amounts 22 available from the Fund for obligation: (1) $10,000,000 23 shall remain available until expended to the Department 24 of Justice Office of Inspector General for oversight and 25 auditing purposes; and (2) 5 percent shall be available to February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 97 1 the Office for Victims of Crime for grants, consistent with 2 the requirements of the Victims of Crime Act, to Indian 3 tribes to improve services for victims of crime. 4 SEC. 511. None of the funds made available to the 5 Department of Justice in this Act may be used to discrimi6 nate against or denigrate the religious or moral beliefs of 7 students who participate in programs for which financial 8 assistance is provided from those funds, or of the parents 9 or legal guardians of such students. 10 SEC. 512. None of the funds made available in this 11 Act may be transferred to any department, agency, or in12 strumentality of the United States Government, except 13 pursuant to a transfer made by, or transfer authority pro14 vided in, this Act or any other appropriations Act. 15 SEC. 513. (a) The Inspectors General of the Depart- 16 ment of Commerce, the Department of Justice, the Na17 tional Aeronautics and Space Administration, the Na18 tional Science Foundation, and the Legal Services Cor- 19 poration shall conduct audits, pursuant to the Inspector 20 General Act (5 U.S.C. App.), of grants or contracts for 21 which funds are appropriated by this Act, and shall submit 22 reports to Congress on the progress of such audits, which 23 may include preliminary findings and a description of 24 areas of particular interest, within 180 days after initi- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 98 1 ating such an audit and every 180 days thereafter until 2 any such audit is completed. 3 (b) Within 60 days after the date on which an audit 4 described in subsection (a) by an Inspector General is 5 completed, the Secretary, Attorney General, Adminis6 trator, Director, or President, as appropriate, shall make 7 the results of the audit available to the public on the Inter8 net website maintained by the Department, Administra- 9 tion, Foundation, or Corporation, respectively. The results 10 shall be made available in redacted form to exclude11 12 (1) any matter described in section 552(b) of title 5, United States Code; and 13 (2) sensitive personal information for any indi- 14 vidual, the public access to which could be used to 15 commit identity theft or for other inappropriate or 16 unlawful purposes. 17 (c) Any person awarded a grant or contract funded 18 by amounts appropriated by this Act shall submit a state19 ment to the Secretary of Commerce, the Attorney General, 20 the Administrator, Director, or President, as appropriate, 21 certifying that no funds derived from the grant or contract 22 will be made available through a subcontract or in any 23 other manner to another person who has a financial inter24 est in the person awarded the grant or contract. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 99 1 (d) The provis10ns of the preceding subsections of 2 this section shall take effect 30 days after the date on 3 which the Director of the Office of Management and 4 Budget, in consultation with the Director of the Office of 5 Government Ethics, determines that a uniform set of rules 6 and requirements, substantially similar to the require7 ments in such subsections, consistently apply under the 8 executive branch ethics program to all Federal depart9 ments, agencies, and entities. 10 SEC. 514. (a) None of the funds appropriated or oth- 11 erwise made available under this Act may be used by the 12 Departments of Commerce and Justice, the National Aer- 13 onautics and Space Administration, or the National 14 Science Foundation to acquire a high-impact or moderate15 impact information system, as defined for security cat16 egorization in the National Institute of Standards and 17 'I1echnology's (NIST) Federal Information Processing 18 Standard Publication 199, "Standards for Security Cat19 egorization of Federal Information and Information Sys20 terns" unless the agency has- 21 (1) reviewed the supply chain risk for the infor- 22 mation systems against criteria developed by NIST 23 and the Federal Bureau of Investigation (FBI) to 24 inform acquisition decisions for high-impact and February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 100 1 moderate-impact information systems within the 2 Federal Government; 3 (2) reviewed the supply chain risk from the pre- 4 sumptive awardee against available and relevant 5 threat information provided by the FBI and other 6 appropriate agencies; and 7 (3) in consultation with the FBI or other ap- 8 propriate Federal entity, conducted an assessment of 9 any risk of cyber-espionage or sabotage associated 10 with the acquisition of such system, including any 11 risk associated with such system being produced, 12 manufactured, or assembled by one or more entities 13 identified by the United States Government as pos- 14 ing a cyber threat, including but not limited to, 15 those that may be owned, directed, or subsidized by 16 the People's Republic of China, the Islamic Republic 17 of Iran, the Democratic People's Republic of Korea, 18 or the Russian Federation. 19 (b) None of the funds appropriated or otherwise 20 made available under this Act may be used to acquire a 21 high-impact or moderate-impact information system re22 viewed and assessed under subsection (a) unless the head 23 of the assessing entity described in subsection (a) has- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 101 1 (1) developed, in consultation with NIST, the 2 FBI, and supply chain risk management experts, a 3 mitigation strategy for any identified risks; 4 (2) determined, in consultation with NIST and 5 the FBI, that the acquisition of such system 1s m 6 the national interest of the United States; and 7 (3) reported that determination to the Commit- 8 tees on Appropriations of the House of Representa- 9 tives and the Senate and the agency Inspector Gen- 10 eral. 11 SEC. 515. None of the funds made available in this 12 Act shall be used in any way whatsoever to support or 13 justify the use of torture by any official or contract em14 ployee of the United States Government. 15 SEC. 516. (a) Notwithstanding any other proV1s10n 16 of law or treaty, none of the funds appropriated or other17 wise made available under this Act or any other Act may 18 be expended or obligated by a department, agency, or in19 strumentality of the United States to pay administrative 20 expenses or to compensate an officer or employee of the 21 United States in connection with requiring an export li22 cense for the export to Canada of components, parts, ac23 cessories or attachments for firearms listed in Category 24 I, section 121.1 of title 22, Code of Federal Regulations 25 (International Trafficking in Arms Regulations (ITAR), February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xrnl 102 1 part 121, as it existed on April 1, 2005) with a total value 2 not exceeding $500 wholesale in any transaction, provided 3 that the conditions of subsection (b) of this section are 4 met by the exporting party for such articles. 5 (b) The foregoing exemption from obtaining an ex- 6 port license- 7 ( 1) does not exempt an exporter from filing any 8 Shipper's Export Declaration or notification letter 9 required by law, or from being otherwise eligible 10 under the laws of the United States to possess, ship, 11 transport, or export the articles enumerated in sub- 12 section (a); and 13 14 (2) does not permit the export without a license of- 15 (A) fully automatic firearms and compo- 16 nents and parts for such firearms, other than 17 for end use by the Federal Government, or a 18 Provincial or Municipal Government of Canada; 19 (B) barrels, cylinders, receivers (frames) or 20 complete breech mechanisms for any firearm 21 listed in Category I, other than for end use by 22 the Federal Government, or a Provincial or Mu- 23 nicipal Government of Canada; or 24 25 February 7, 2019 (2:04 p.m.) (C) articles for export from Canada to another foreign destination. SEN. APPRO. U:\2019CONF\DivC-CJS.xml 103 1 (c) In accordance with this section, the District Di- 2 rectors of Customs and postmasters shall permit the per3 manent or temporary export without a license of any un4 classified articles specified in subsection (a) to Canada for 5 end use in Canada or return to the United States, or tem6 porary import of Canadian-origin items from Canada for 7 end use in the United States or return to Canada for a 8 Canadian citizen. 9 (d) The President may require export licenses under 10 this section on a temporary basis if the President deter11 mines, upon publication first in the Federal Register, that 12 the Government of Canada has implemented or main13 tained inadequate import controls for the articles specified 14 in subsection (a), such that a significant diversion of such 15 articles has and continues to take place for use in inter16 national terrorism or in the escalation of a conflict in an17 other nation. The President shall terminate the require18 ments of a license when reasons for the temporary require19 ments have ceased. 20 SEC. 51 7. Notwithstanding any other provis10n of 21 law, no department, agency, or instrumentality of the 22 United States receiving appropriated funds under this Act 23 or any other Act shall obligate or expend in any way such 24 funds to pay administrative expenses or the compensation 25 of any officer or employee of the United States to deny February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 104 1 any application submitted pursuant to 22 U.S.C. 2 2778(b)(l)(B) and qualified pursuant to 27 CFR section 3 4 78.112 or .113, for a permit to import United States ori4 gin "curios or relics" firearms, parts, or ammunition. 5 SEC. 518. None of the funds made available in this 6 Act may be used to include in any new bilateral or multi7 lateral trade agreement the text of8 9 10 11 12 (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 13 States-Morocco Free Trade Agreement. 14 SEC. 519. None of the funds made available in this 15 Act may be used to authorize or issue a national security 16 letter in contravention of any of the following laws author17 izing the Federal Bureau of Investigation to issue national 18 security letters: The Right to Financial Privacy Act of 19 1978; The Electronic Communications Privacy Act of 20 1986; The Fair Credit Reporting Act; The National Secu21 rity Act of 1947; USA PATRIOT Act; USA FREEDOM 22 Act of 2015; and the laws amended by these Acts. 23 SEC. 520. If at any time during any quarter, the pro- 24 gram manager of a project within the jurisdiction of the 25 Departments of Commerce or Justice, the National Aero- February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 105 1 nautics and Space Administration, or the National Science 2 Foundation totaling more than $75,000,000 has reason3 able cause to believe that the total program cost has in4 creased by 10 percent or more, the program manager shall 5 immediately inform the respective Secretary, Adminis6 trator, or Director. The Secretary, Administrator, or Di7 rector shall notify the House and Senate Committees on 8 Appropriations within 30 days in writing of such increase, 9 and shall include in such notice: the date on which such 10 determination was made; a statement of the reasons for 11 such increases; the action taken and proposed to be taken 12 to control future cost growth of the project; changes made 13 in the performance or schedule milestones and the degree 14 to which such changes have contributed to the increase 15 in total program costs or procurement costs; new esti16 mates of the total project or procurement costs; and a 17 statement validating that the project's management struc18 ture is adequate to control total project or procurement 19 costs. 20 SEC. 521. Funds appropriated by this Act, or made 21 available by the transfer of funds in this Act, for intel22 ligence or intelligence related activities are deemed to be 23 specifically authorized by the Congress for purposes of sec24 tion 504 of the National Security Act of 1947 (50 U.S.C. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 106 1 3094) during fiscal year 2019 until the enactment of the 2 Intelligence Authorization Act for fiscal year 2019. 3 SEC. 522. None of the funds appropriated or other- 4 wise made available by this Act may be used to enter into 5 a contract in an amount greater than $5,000,000 or to 6 award a grant in excess of such amount unless the pro7 spective contractor or grantee certifies in writing to the 8 agency awarding the contract or grant that, to the best 9 of its knowledge and belief, the contractor or grantee has 10 filed all Federal tax returns required during the three 11 years preceding the certification, has not been convicted 12 of a criminal offense under the Internal Revenue Code of 13 1986, and has not, more than 90 days prior to certifi14 cation, been notified of any unpaid Federal tax assessment 15 for which the liability remains unsatisfied, unless the as16 sessment is the subject of an installment agreement or 17 offer in compromise that has been approved by the Inter18 nal Revenue Service and is not in default, or the assess19 ment is the subject of a non-frivolous administrative or 20 judicial proceeding. 21 22 (RESCISSIONS) SEC. 523. (a) Of the unobligated balances from prior 23 year appropriations available to the Department of Com24 merce, the following funds are hereby rescinded, not later February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 107 1 than September 30, 2019, from the following accounts in 2 the specified amounts3 (1) "Economic Development Administration, 4 Economic Development 5 $10,000,000; and Assistance Programs'', 6 (2) "National Institute of Standards and Tech- 7 nology, Industrial Technology Services", $2,000,000. 8 (b) Of the unobligated balances available to the De- 9 partment of Justice, the following funds are hereby re10 scinded, not later than September 30, 2019, from the fol- 11 lowing accounts in the specified amounts12 (1) "Working Capital Fund", $151,000,000; 13 (2) "Federal Bureau of Investigation, Salaries 14 and Expenses", $124,326,000 including from, but 15 not limited to, fees collected to defray expenses for 16 the automation of fingerprint identification and 17 criminal justice information services and associated 18 costs; 19 (3) "State and Local Law Enforcement Activi- 20 ties, Office on Violence Against Women, Violence 21 Against Women Prevention and Prosecution Pro- 22 grams", $10,000,000; 23 24 February 7, 2019 (2:04 p.m.) (4) "State and Local Law Enforcement Activities, Office of Justice Programs", $70,000,000; U:\2019CONF\DivC-CJS.xml SEN. APPRO. 108 1 (5) "State and Local Law Enforcement Activi- 2 ties, Community 3 $16,500,000; and Oriented Policing Services'' ' ( 6) "Legal Activities, Assets Forfeiture Fund", 4 5 $674,000,000, is permanently rescinded. 6 (c) The Departments of Commerce and Justice shall 7 submit to the Committees on Appropriations of the House 8 of Representatives and the Senate a report no later than 9 September 1, 2019, specifying the amount of each rescis10 sion made pursuant to subsections (a) and (b). 11 (d) The amounts rescinded in subsections (a) and (b) 12 shall not be from amounts that were designated by the 13 Congress as an emergency or disaster relief requirement 14 pursuant to the concurrent resolution on the budget or 15 the Balanced Budget and Emergency Deficit Control Act 16 of 1985. 17 SEC. 524. (a) Any unobligated balances identified in 18 the following Treasury Appropriation Fund Symbols are 19 hereby permanently cancelled: 80X0114; 80X0111; 20 80X0110; and 80X0112. 21 (b) Upon enactment of this Act: 22 (1) obligated balances in 80X0114 shall be 23 transferred to and merged with 80-0130, Construc- 24 tion and Environmental Compliance and Restora- February 7, 2019 (2:04 p.m.) U :\2019CONF\DivC-CJS.xml SEN. APPRO. 109 1 tion, and any upward adjustments to such obliga- 2 tions may be made from 80-0130; 3 (2) obligated balances in 80X0111 shall be 4 transferred to and merged with 80-0122, Safety, 5 Security and Mission Services, 80-0115, Space 6 Flight Capabilities and 80-0130, Construction and 7 Environmental Compliance and Restoration, and any 8 upward adjustments to such obligations may be 9 made from 80-0122, 80-0115 and 80-0130; 10 (3) obligated balances in 80X0110 shall be 11 transferred to and merged with 80-0130, Construc- 12 tion and Environmental Compliance and Restora- 13 tion, and any upward adjustments to said obliga- 14 tions may be made from 80-0130; and 15 (4) obligated balances in 80X0112 shall be 16 transferred to and merged with 80-0122, Safety, 17 Security and Mission Services and 80-0130, Con- 18 struction and Environmental Compliance and Res- 19 toration, and any upward adjustments to such obli- 20 gations may be made from 80-0122 and 80-0130. 21 (c) Following the cancellation of unobligated balances 22 and transfer of obligated balances in 80X0114, 80X0111, 23 80X0110 and 80X0112, such accounts shall be closed. 24 Any collections authorized or required to be credited to 25 these accounts that are not received before closing of such February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 110 1 accounts shall be deposited in the Treasury as miscella2 neous receipts. 3 SEC. 525. None of the funds made available in this 4 Act may be used to purchase first class or premium airline 5 travel in contravention of sections 301-10.122 through 6 301-10.124 of title 41 of the Code of Federal Regulations. 7 SEC. 526. None of the funds made available in this 8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees from a Federal depart10 ment or agency, who are stationed in the United States, 11 at any single conference occurring outside the United 12 States unless such conference is a law enforcement train13 ing or operational conference for law enforcement per14 sonnel and the majority of Federal employees in attend15 ance are law enforcement personnel stationed outside the 16 United States. 17 SEC. 527. None of the funds appropriated or other- 18 wise made available in this or any other Act may be used 19 to transfer, release, or assist in the transfer or release to 20 or within the United States, its territories, or possessions 21 Khalid Sheikh Mohammed or any other detainee who22 23 February 7, 2019 (2:04 p.m.) (1) is not a United States citizen or a member of the Armed Forces of the United States; and U:\2019CONF\DivC-CJS.xml SEN. APPRO. 111 1 (2) is or was held on or after June 24, 2009, 2 at the United States Naval Station, Guantanamo 3 Bay, Cuba, by the Department of Defense. 4 SEC. 528. (a) None of the funds appropriated or oth- 5 erwise made available in this or any other Act may be used 6 to construct, acquire, or modify any facility in the United 7 States, its territories, or possessions to house any indi- 8 vidual described in subsection (c) for the purposes of de9 tention or imprisonment in the custody or under the effec- 10 tive control of the Department of Defense. 11 (b) The prohibition in subsection (a) shall not apply 12 to any modification of facilities at United States Naval 13 Station, Guantanamo Bay, Cuba. 14 (c) An individual described in this subsection is any 15 individual who, as of June 24, 2009, is located at United 16 States Naval Station, Guantanamo Bay, Cuba, and who17 (1) is not a citizen of the United States or a 18 member of the Armed Forces of the United States; 19 and 20 21 22 (2) is- (A) m the custody or under the effective control of the Department of Defense; or 23 (B) otherwise under detention at United 24 States Naval Station, Guantanamo Bay, Cuba. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 112 1 SEC. 529. The Director of the Office of Management 2 and Budget shall instruct any department, agency, or in3 strumentality of the United States receiving funds appro4 priated under this Act to track undisbursed balances in 5 expired grant accounts and include in its annual perform6 ance plan and performance and accountability reports the 7 following: 8 9 10 (1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts. 11 (2) The method that the department, agency, or 12 instrumentality uses to track undisbursed balances 13 in expired grant accounts. 14 (3) Identification of undisbursed balances in ex- 15 pired grant accounts that may be returned to the 16 Treasury of the United States. 17 ( 4) In the preceding 3 fiscal years, details on 18 the total number of expired grant accounts with 19 undisbursed balances (on the first day of each fiscal 20 year) for the department, agency, or instrumentality 21 and the total finances that have not been obligated 22 to a specific project remaining in the accounts. 23 SEC. 530. (a) None of the funds made available by 24 this Act may be used for the National Aeronautics and 25 Space Administration (NASA), the Office of Science and February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 113 1 Technology Policy (OSTP), or the National Space Council 2 (NSC) to develop, design, plan, promulgate, implement, 3 or execute a bilateral policy, program, order, or contract 4 of any kind to participate, collaborate, or coordinate bilat- 5 erally in any way with China or any Chinese-owned com6 pany unless such activities are specifically authorized by 7 a law enacted after the date of enactment of this Act. 8 (b) None of the funds made available by this Act may 9 be used to effectuate the hosting of official Chinese visitors 10 at facilities belonging to or utilized by NASA. 11 (c) The limitations described in subsections (a) and 12 (b) shall not apply to activities which NASA, OSTP, or 13 NSC, after consultation with the Federal Bureau of Inves14 tigation, have certified15 (1) pose no risk of resulting in the transfer of 16 technology, data, or other information with national 17 security or economic security implications to China 18 or a Chinese-owned company; and 19 (2) will not involve knowing interactions with 20 officials who have been determined by the United 21 States to have direct involvement with violations of 22 human rights. 23 (d) Any certification made under subsection (c) shall 24 be submitted to the Committees on Appropriations of the 25 House of Representatives and the Senate, and the Federal February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 114 1 Bureau of Investigation, no later than 30 days prior to 2 the activity in question and shall include a description of 3 the purpose of the activity, its agenda, its major partici4 pants, and its location and timing. 5 SEC. 531. None of the funds made available by this 6 Act may be used to pay the salaries or expenses of per- 7 sonnel to deny, or fail to act on, an application for the 8 importation of any model of shotgun if- 9 10 ( 1) all other requirements of law with respect to the proposed importation are met; and 11 (2) no application for the importation of such 12 model of shotgun, in the same configuration, had 13 been denied by the Attorney General prior to J anu- 14 ary 1, 2011, on the basis that the shotgun was not 15 particularly suitable for or readily adaptable to 16 sporting purposes. 17 SEC. 532. (a) None of the funds made available in 18 this Act may be used to maintain or establish a computer 19 network unless such network blocks the viewmg, 20 downloading, and exchanging of pornography. 21 (b) Nothing in subsection (a) shall limit the use of 22 funds necessary for any Federal, State, tribal, or local law 23 enforcement agency or any other entity carrying out crimi24 nal investigations, prosecution, adjudication, or other law 25 enforcement- or victim assistance-related activity. February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 115 1 SEC. 533. The Departments of Commerce and Jus- 2 tice, the National Aeronautics and Space Administration, 3 the National Science Foundation, the Commission on Civil 4 Rights, the Equal Employment Opportunity Commission, 5 the International Trade Commission, the Legal Services 6 Corporation, the Marine Mammal Commission, the Offices 7 of Science and Technology Policy and the United States 8 Trade Representative, the National Space Council, and 9 the State Justice Institute shall submit spending plans, 10 signed by the respective department or agency head, to 11 the Committees on Appropriations of the House of Rep12 resentatives and the Senate within 45 days after the date 13 of enactment of this Act. 14 SEC. 534. None of the funds made available by this 15 Act may be obligated or expended to implement the Arms 16 Trade Treaty until the Senate approves a resolution of 17 ratification for the Treaty. 18 SEC. 535. Notwithstanding any other provis10n of 19 this Act, none of the funds appropriated or otherwise 20 made available by this Act may be used to pay award or 21 incentive fees for contractor performance that has been 22 judged to be below satisfactory performance or for per23 formance that does not meet the basic requirements of a 24 contract. February 7, 2019 (2:04 p.m.) U:\2019CONF\DivC-CJS.xml SEN. APPRO. 116 1 SEC. 536. None of the funds made available by this 2 Act may be used in contravention of section 7606 ("Legit3 imacy of Industrial Hemp Research'') of the Agricultural 4 Act of 2014 (Public Law 113-79) by the Department of 5 Justice or the Drug Enforcement Administration. 6 SEC. 537. None of the funds made available under 7 this Act to the Department of Justice may be used, with 8 respect to any of the States of Alabama, Alaska, Arizona, 9 Arkansas, California, Colorado, Connecticut, Delaware, 10 Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Ken11 tucky, Louisiana, Maine, Maryland, Massachusetts, Michi12 gan, Minnesota, Mississippi, Missouri, Montana, Nevada, 13 New Hampshire, New Jersey, New Mexico, New York, 14 North Carolina, North Dakota, Ohio, Oklahoma, Oregon, 15 Pennsylvania, Rhode Island, South Carolina, Tennessee, 16 Texas, Utah, Vermont, Virginia, Washington, West Vir17 ginia, Wisconsin, and Wyoming, or with respect to the 18 District of Columbia, the Commonwealth of the Northern 19 Mariana Islands, Guam, or Puerto Rico, to prevent any 20 of them from implementing their own laws that authorize 21 the use, distribution, possession, or cultivation of medical 22 mar1Juana. 23 SEC. 538. The Department of Commerce, the Na- 24 tional Aeronautics and Space Administration, and the Na25 tional Science Foundation shall provide a quarterly report February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 117 1 to the Committees on Appropriations of the House of Rep2 resentatives and the Senate on any official travel to China 3 by any employee of such Department or agency, including 4 the purpose of such travel. 5 SEC. 539. Of the amounts made available by this Act, 6 not less than 10 percent of each total amount provided, 7 respectively, for Public Works grants authorized by the 8 Public Works and Economic Development Act of 1965 and 9 grants authorized by section 27 of the Stevenson-Wydler 10 Technology Innovation Act of 1980 (15 U.S.C. 3722) shall 11 be allocated for assistance in persistent poverty counties: 12 Provided, That for purposes of this section, the term "per13 sistent poverty counties" means any county that has had 14 20 percent or more of its population living in poverty over 15 the past 30 years, as measured by the 1990 and 2000 16 decennial censuses and the most recent Small Area In17 come and Poverty Estimates. 18 SEC. 540. None of the funds provided in this Act 19 shall be available for obligation for the James Webb Space 20 Telescope (JWST) after December 31, 2019, if the indi21 vidual identified under subsection (c)(2)(E) of section 22 30104 of title 51, United States Code, as responsible for 23 JWST determines that the formulation and development 24 costs (with development cost as defined under section 25 30104 of title 51, United States Code) are likely to exceed February 7, 2019 (2:04 p.m.) SEN. APPRO. U:\2019CONF\DivC-CJS.xml 118 1 $8,802,700,000, unless the program is modified so that 2 the costs do not exceed $8,802,700,000. 3 SEC. 541. None of the funds made available by this 4 Act may be expended during fiscal year 2019 to prepare 5 for the shutdown of the Stratospheric Observatory for In6 frared Astronomy. 7 This division may be cited as the "Commerce, Jus- 8 tice, Science, and Related Agencies Appropriations Act, 9 2019". February 7, 2019 (2:04 p.m.) U:\2019CONF\DivD-FSGG.xml 1 DIVISION D-FINANCIAL SERVICES AND 2 GENERAL GOVERNMENT APPROPRIA- 3 TIONS ACT, 2019 4 TITLE I 5 DEPARTMENT OF THE TREASURY 6 DEPARTMENTAL OFFICES 7 SALARIES AND EXPENSES 8 For necessary expenses of the Departmental Offices 9 including operation and maintenance of the Treasury 10 Building and Freedman's Bank Building; hire of pas11 senger motor vehicles; maintenance, repairs, and improve12 ments of, and purchase of commercial insurance policies 13 for, real properties leased or owned overseas, when nec14 essary for the performance of official business; executive 15 direction program activities; international affairs and eco16 nomic policy activities; domestic finance and tax policy ac17 tivities, including technical assistance to Puerto Rico; and 18 Treasury-wide management policies and programs activi19 ties, $214,576,000: Provided, That of the amount appro20 priated under this heading21 (1) not to exceed $700,000 is for official recep- 22 tion and representation expenses, of which necessary 23 amounts shall be available for expenses to support 24 activities of the Financial Action Task Force, and February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 2 1 not to exceed $350,000 shall be for other official re- 2 ception and representation expenses; 3 (2) not to exceed $258,000 is for unforeseen 4 emergencies of a confidential nature to be allocated 5 and expended under the direction of the Secretary of 6 the Treasury and to be accounted for solely on the 7 Secretary's certificate; and 8 9 10 11 12 13 (3) not to exceed $24,000,000 shall remam available until September 30, 2020, for(A) the Treasury-wide Financial Statement Audit and Internal Control Program; (B) information technology modernization requirements; 14 (C) the audit, oversight, and administra- 15 tion of the Gulf Coast Restoration Trust Fund; 16 (D) the development and implementation 17 of programs within the Office of Critical Infra- 18 structure Protection and Compliance Policy, in- 19 eluding entering into cooperative agreements; 20 21 22 February 12, 2019 (12:50 p.m.) (E) operations and maintenance of facilities; and (F) international operations. SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 3 1 OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE 2 SALARIES Al"\JD EXPENSES 3 For the necessary expenses of the Office of Terrorism 4 and Financial Intelligence to safeguard the financial sys- 5 tern against illicit use and to combat rogue nations, ter6 rorist facilitators, weapons of mass destruction 7 proliferators, money launderers, drug kingpins, and other 8 national security threats, $159,000,000: Provided, That of 9 the amounts appropriated under this heading, up to 10 $10,000,000 shall remain available until September 30, 11 2020. 12 13 CYBERSECURITY ENILiliCEMENT ACCOUNT For salaries and expenses for enhanced cybersecurity 14 for systems operated by the Department of the Treasury, 15 $25,208,000, to remain available until September 30, 16 2021: Provided, That such funds shall supplement and not 17 supplant any other amounts made available to the Treas- 18 ury offices and bureaus for cybersecurity: Provided fur19 ther, That the Chief Information Officer of the individual 20 offices and bureaus shall submit a spend plan for each 21 investment to the Treasury Chief Information Officer for 22 approval: Provided further, That the submitted spend plan 23 shall be reviewed and approved by the Treasury Chief In24 formation Officer prior to the obligation of funds under 25 this heading: Provided further, That of the total amount February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 4 1 made available under this heading $1,000,000 shall be 2 available for administrative expenses for the Treasury 3 Chief Information Officer to provide oversight of the in4 vestments made under this heading: Provided further, 5 That such funds shall supplement and not supplant any 6 other amounts made available to the Treasury Chief Infor- 7 mation Officer. 8 DEPARTMENT-WIDE SYSTEMS AND CAPITAL 9 INVESTMENTS PROGRAl\IS 10 (INCLUDING TRANSFER OF FUNDS) 11 For development and acquisition of automatic data 12 processing equipment, software, and services and for re- 13 pairs and renovations to buildings owned by the Depart14 ment of the Treasury, $4,000,000, to remain available 15 until September 30, 2021: Provided, That these funds 16 shall be transferred to accounts and in amounts as nec- 17 essary to satisfy the requirements of the Department's of18 fices, bureaus, and other organizations: Provided further, 19 That this transfer authority shall be in addition to any 20 other transfer authority provided in this Act: Provided fur21 ther, That none of the funds appropriated under this head- 22 ing shall be used to support or supplement ''Internal Rev23 enue Service, Operations Support" or "Internal Revenue 24 Service, Business Systems Modernization". February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 5 1 OFFICE OF INSPECTOR GENERAL 2 SALARIES AND EXPENSES 3 For necessary expenses of the Office of Inspector 4 General in carrying out the provisions of the Inspector 5 General Act of 1978, $37,044,000, including hire of pas6 senger motor vehicles; of which not to exceed $100,000 7 shall be available for unforeseen emergencies of a con8 fidential nature, to be allocated and expended under the 9 direction of the Inspector General of the Treasury; of 10 which up to $2,800,000 to remain available until Sep- 11 tember 30, 2020, shall be for audits and investigations 12 conducted pursuant to section 1608 of the Resources and 13 Ecosystems Sustainability, Tourist Opportunities, and Re14 vived Economies of the Gulf Coast States Act of 2012 (33 15 U.S.C. 1321 note); and of which not to exceed $1,000 16 shall be available for official reception and representation 17 expenses. 18 TREASURY INSPECTOR GENERAL FOR T.AX 19 ADMINISTRATION 20 SALARIES AND EXPENSES 21 For necessary expenses of the Treasury Inspector 22 General for Tax Administration in carrying out the In23 spector General Act of 1978, as amended, including pur24 chase and hire of passenger motor vehicles (31 U.S.C. 25 1343(b)); and services authorized by 5 U.S.C. 3109, at February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 6 1 such rates as may be determined by the Inspector General 2 for Tax Administration; $170,250,000, of which 3 $5,000,000 shall remain available until September 30, 4 2020; of which not to exceed $6,000,000 shall be available 5 for official travel expenses; of which not to exceed 6 $500,000 shall be available for unforeseen emergencies of 7 a confidential nature, to be allocated and expended under 8 the direction of the Inspector General for Tax Administra9 tion; and of which not to exceed $1,500 shall be available 10 for official reception and representation expenses. 11 SPECIAL INSPECTOR GENERAL FOR THE TROUBLED 12 ASSET RELIEF PROGRAM 13 SALARIES .AND EXPENSES 14 For necessary expenses of the Office of the Special 15 Inspector General in carrying out the provisions of the 16 Emergency Economic Stabilization Act of 2008 (Public 17 Law 110-343), $23,000,000. 18 FINANCIAL CRIMES ENFORCEl\IENT NETWORK 19 SALARIES .AND EXPENSES 20 For necessary expenses of the Financial Crimes En- 21 forcement Network, including hire of passenger motor ve22 hicles; travel and training expenses of non-Federal and 23 foreign government personnel to attend meetings and 24 training concerned with domestic and foreign financial in25 telligence activities, law enforcement, and financial regula- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 7 1 tion; services authorized by 5 U.S.C. 3109; not to exceed 2 $12,000 for official reception and representation expenses; 3 and for assistance to Federal law enforcement agencies, 4 with or without reimbursement, $117,800,000, of which 5 not to exceed $34,335,000 shall remain available until 6 September 30, 2021. 7 BUREAU OF THE FISCAL SERVICE 8 SALARIES .AND EXPENSES 9 For necessary expenses of operations of the Bureau 10 of the Fiscal Service, $338,280,000; of which not to ex11 ceed $4,210,000, to remain available until September 30, 12 2021, is for information systems modernization initiatives; 13 and of which $5,000 shall be available for official reception 14 and representation expenses. 15 In addition, $165,000, to be derived from the Oil 16 Spill Liability Trust Fund to reimburse administrative 17 and personnel expenses for financial management of the 18 Fund, as authorized by section 1012 of Public Law 10119 380. 20 ALCOHOL AND TOBACCO TAX AND TRADE BUREAU 21 SALARIES AND EXPENSES 22 For necessary expenses of carrying out section 1111 23 of the Homeland Security Act of 2002, including hire of 24 passenger motor vehicles, $119,600,000; of which not to 25 exceed $6,000 for official reception and representation ex- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 8 1 penses; and of which not to exceed $50,000 shall be avail2 able for cooperative research and development programs 3 for laboratory services; and provision of laboratory assist4 ance to State and local agencies with or without reim- 5 bursement: Provided, That of the amount appropriated 6 under this heading, $5,000,000 shall be for the costs of 7 accelerating the processing of formula and label applica- 8 tions: Provided further, That of the amount appropriated 9 under this heading, $5,000,000, to remain available until 10 September 30, 2020, shall be for the costs associated with 11 enforcement of the trade practice provisions of the Federal 12 Alcohol Administration Act (27 U.S.C. 201 et seq.). 13 UNITED STATES MINT 14 UNITED STATES MINT PUBLIC ENTERPRISE FUND 15 Pursuant to section 5136 of title 31, United States 16 Code, the United States Mint is provided funding through 17 the United States Mint Public Enterprise Fund for costs 18 associated with the production of circulating coins, numis19 matic coins, and protective services, including both oper20 ating expenses and capital investments: Provided, That 21 the aggregate amount of new liabilities and obligations in22 curred during fiscal year 2019 under such section 5136 23 for circulating coinage and protective service capital in24 vestments of the United States Mint shall not exceed 25 $30,000,000. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 9 1 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS 2 FUND PROGRAM ACCOUNT 3 To carry out the Riegle Community Development and 4 Regulatory Improvement Act of 1994 (subtitle A of title 5 I of Public Law 103-325), including services authorized 6 by section 3109 of title 5, United States Code, but at rates 7 for individuals not to exceed the per diem rate equivalent 8 to the rate for EX-3, $250,000,000. Of the amount ap9 propriated under this heading10 (1) not less than $160,000,000, notwith- 11 standing section 108(e) of Public Law 103-325 (12 12 U.S.C. 4707(e)) with regard to Small and/or Emerg- 13 ing Community Development Financial Institutions 14 Assistance awards, is available until September 30, 15 2020, for financial assistance and technical assist- 16 ance under subparagraphs (A) and (B) of section 17 108(a)(l), respectively, of Public Law 103-325 (12 18 U.S.C. 4707(a)(l)(A) and (B)), of which up to 19 $1,600,000 may be available for training and out- 20 reach under section 109 of Public Law 103-325 (12 21 U.S.C. 4708), of which up to $2,527,250 may be 22 used for the cost of direct loans, and of which up 23 to $3,000,000, notwithstanding subsection (d) of 24 section 108 of Public Law 103-325 (12 U.S.C. 4707 25 (d)), may be available to provide financial assistance, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 10 1 technical assistance, training, and outreach to com- 2 munity development financial institutions to expand 3 investments that benefit individuals with disabilities: 4 Provided, That the cost of direct and guaranteed 5 loans, including the cost of modifying such loans, 6 shall be as defined in section 502 of the Congres- 7 sional Budget Act of 197 4: Provided further, That 8 these funds are available to subsidize gross obliga- 9 tions for the principal amount of direct loans not to 10 exceed $25,000,000; 11 (2) not less than $16,000,000, notwithstanding 12 section 108(e) of Public Law 103-325 (12 U.S.C. 13 4707(e)), is available until September 30, 2020, for 14 financial assistance, technical assistance, training, 15 and outreach programs designed to benefit Native 16 American, Native Hawaiian, and Alaska Native com- 17 munities and provided primarily through qualified 18 community development lender organizations with 19 experience and expertise in community development 20 banking and lending in Indian country, Native 21 American organizations, tribes and tribal orgamza- 22 tions, and other suitable providers; 23 (3) not less than $25,000,000 is available until 24 September 30, 2020, for the Bank Enterprise Award 25 program; February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 11 1 (4) not less than $22,000,000, notwithstanding 2 subsections (d) and (e) of section 108 of Public Law 3 103-325 (12 U.S.C. 4707(d) and (e)), is available 4 until September 30, 2020, for a Healthy Food Fi- 5 nancing Initiative to provide financial assistance, 6 technical assistance, training, and outreach to com- 7 munity development financial institutions for the 8 purpose of offering affordable financing and tech- 9 nical assistance to expand the availability of healthy 10 food options in distressed communities; 11 (5) up to $27,000,000 is available until Sep- 12 tember 30, 2019, for administrative expenses, in- 13 eluding administration of CDFI fund programs and 14 the New Markets Tax Credit Program, of which not 15 less than $1,000,000 is for development of tools to 16 better assess and inform CDFI investment perform- 17 ance, and up to $300,000 is for administrative ex- 18 penses to carry out the direct loan program; and 19 (6) during fiscal year 2019, none of the funds 20 available under this heading are available for the 21 cost, as defined in section 502 of the Congressional 22 Budget Act of 1974, of commitments to guarantee 23 bonds and notes under section 114A of the Riegle 24 Community Development and Regulatory Improve- 25 ment Act of 1994 (12 U.S.C. 4713a): Provided, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 12 1 That commitments to guarantee bonds and notes 2 under 3 $500,000,000: Provided further, That such section 4 114A shall remain in effect until December 31, 5 2019: Provided further, That of the funds awarded 6 under this heading, not less than 10 percent shall be 7 used for awards that support investments that serve 8 populations living in persistent poverty counties: 9 Provided further, That for the purposes of this para- 10 graph and paragraph ( 1) above, the term "persistent 11 poverty counties" means any county that has had 20 12 percent or more of its population living in poverty 13 over the past 30 years, as measured by the 1990 14 and 2000 decennial censuses and the 2011-2015 5- 15 year data series available from the American Com- 16 munity Survey of the Census Bureau. such section 114A shall 17 INTERNAL REVENUE SERVICE 18 TAXPAYER SERVICES 19 not exceed For necessary expenses of the Internal Revenue Serv- 20 ice to provide taxpayer services, including pre-filing assist21 ance and education, filing and account services, taxpayer 22 advocacy services, and other services as authorized by 5 23 U.S.C. 3109, at such rates as may be determined by the 24 Commissioner, $2,491,554,000, of which not less than 25 $9,890,000 shall be for the Tax Counseling for the Elderly February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 13 1 Program, of which not less than $12,000,000 shall be 2 available for low-income taxpayer clinic grants, of which 3 not less than $18,000,000, to remain available until Sep4 tember 30, 2020, shall be available for a Community Vol- 5 unteer Income Tax Assistance matching grants program 6 for tax return preparation assistance, and of which not 7 less than $207,000,000 shall be available for operating ex- 8 penses of the Taxpayer Advocate Service: Provided, That 9 of the amounts made available for the Taxpayer Advocate 10 Service, not less than $5,500,000 shall be for identity 11 theft and refund fraud casework. 12 13 ENFORCEMENT }1-,or necessary expenses for tax enforcement activities 14 of the Internal Revenue Service to determine and collect 15 owed taxes, to provide legal and litigation support, to con16 duct criminal investigations, to enforce criminal statutes 17 related to violations of internal revenue laws and other fi18 nancial crimes, to purchase and hire passenger motor vehi19 cles (31 U.S.C. 1343(b)), and to provide other services 20 as authorized by 5 U.S.C. 3109, at such rates as may be 21 determined by the Commissioner, $4,860,000,000, of 22 which not to exceed $50,000,000 shall remain available 23 until September 30, 2020, and of which not less than 24 $60,257,000 shall be for the Interagency Crime and Drug 25 Enforcement program. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 14 1 2 OPERATIONS SUPPORT For necessary expenses of the Internal Revenue Serv- 3 ice to support taxpayer services and enforcement pro4 grams, including rent payments; facilities services; print5 ing; postage; physical security; headquarters and other 6 IRS-wide administration activities; research and statistics 7 of income; telecommunications; information technology de8 velopment, enhancement, operations, maintenance, and se9 curity; the hire of passenger motor vehicles (31 U.S.C. 10 1343(b)); the operations of the Internal Revenue Service 11 Oversight Board; and other services as authorized by 5 12 U.S.C. 3109, at such rates as may be determined by the 13 Commissioner; $3,724,000,000, of which not to exceed 14 $50,000,000 shall remain available until September 30, 15 2020; of which not to exceed $10,000,000 shall remain 16 available until expended for acquisition of equipment and 17 construction, repair and renovation of facilities; of which 18 not to exceed $1,000,000 shall remain available until Sep19 tember 30, 2021, for research; of which not to exceed 20 $20,000 shall be for official reception and representation 21 expenses: Provided, That not later than 30 days after the 22 end of each quarter, the Internal Revenue Service shall 23 submit a report to the Committees on Appropriations of 24 the House of Representatives and the Senate and the 25 Comptroller General of the United States detailing the February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 15 1 cost and schedule performance for its major information 2 technology investments, including the purpose and life3 cycle stages of the investments; the reasons for any cost 4 and schedule variances; the risks of such investments and 5 strategies the Internal Revenue Service is using to miti6 gate such risks; and the expected developmental mile- 7 stones to be achieved and costs to be incurred in the next 8 quarter: Provided further, That the Internal Revenue Serv- 9 ice shall include, in its budget justification for fiscal year 10 2020, a summary of cost and schedule performance infor11 mation for its major information technology systems. 12 13 14 ice's BUSINESS SYSTEMS MODERNIZATION For necessary expenses of the Internal Revenue Servbusiness systems modernization program, 15 $150,000,000, to remain available until September 30, 16 2021, for the capital asset acquisition of information tech17 nology systems, including management and related con18 tractual costs of said acquisitions, including related Inter19 nal Revenue Service labor costs, and contractual costs as- 20 sociated with operations authorized by 5 U.S.C. 3109: 21 Provided, That not later than 30 days after the end of 22 each quarter, the Internal Revenue Service shall submit 23 a report to the Committees on Appropriations of the 24 House of Representatives and the Senate and the Comp- 25 troller General of the United States detailing the cost and February 12, 2019 (12:50 p.m.) U :\2019CONF\DivD-FSGG.xml SEN. APPRO. 16 1 schedule performance for major information technology in2 vestments, including the purposes and life-cycle stages of 3 the investments; the reasons for any cost and schedule 4 variances; the risks of such investments and the strategies 5 the Internal Revenue Service is using to mitigate such 6 risks; and the expected developmental milestones to be 7 achieved and costs to be incurred in the next quarter. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.:xml 17 1 ADMINISTRATIVE PROVISIONS-INTERNAL REVENUE 2 SERVICE 3 (INCLUDING TRANSFERS OF FUNDS) 4 SEC. 101. Not to exceed 4 percent of the appropria- 5 tion made available in this Act to the Internal Revenue 6 Service under the "Enforcement" heading, and not to ex7 ceed 5 percent of any other appropriation made available 8 in this Act to the Internal Revenue Service, may be trans- 9 ferred to any other Internal Revenue Service appropria10 tion upon the advance approval of the Committees on Ap- 11 propriations of the House of Representatives and the Sen12 ate. 13 SEC. 102. The Internal Revenue Service shall main- 14 tain an employee training program, which shall include the 15 following topics: taxpayers' rights, dealing courteously 16 with taxpayers, cross-cultural relations, ethics, and the im17 partial application of tax law. 18 SEC. 103. The Internal Revenue Service shall insti- 19 tute and enforce policies and procedures that will safe20 guard the confidentiality of taxpayer information and pro21 tect taxpayers against identity theft. 22 SEC. 104. Funds made available by this or any other 23 Act to the Internal Revenue Service shall be available for 24 improved facilities and increased staffing to provide suffi25 cient and effective 1-800 help line service for taxpayers. February 12, 2019 (12:50 p.m.) SEN. APPRO. U :\2019CONF\DivD-FSGG.xml 18 1 The Commissioner shall continue to make improvements 2 to the Internal Revenue Service 1-800 help line service 3 a priority and allocate resources necessary to enhance the 4 response time to taxpayer communications, particularly 5 with regard to victims of tax-related crimes. 6 SEC. 105. The Internal Revenue Service shall issue 7 a notice of confirmation of any address change relating 8 to an employer making employment tax payments, and 9 such notice shall be sent to both the employer's former 10 and new address and an officer or employee of the Internal 11 Revenue Service shall give special consideration to an 12 offer-in-compromise from a taxpayer who has been the vic13 tim of fraud by a third party payroll tax preparer. 14 SEC. 106. None of the funds made available under 15 this Act may be used by the Internal Revenue Service to 16 target citizens of the United States for exercising any 17 right guaranteed under the First Amendment to the Con18 stitution of the United States. 19 SEC. 107. None of the funds made available in this 20 Act may be used by the Internal Revenue Service to target 21 groups for regulatory scrutiny based on their ideological 22 beliefs. 23 SEC. 108. None of funds made available by this Act 24 to the Internal Revenue Service shall be obligated or ex25 pended on conferences that do not adhere to the proce- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 19 1 dures, verification processes, documentation requirements, 2 and policies issued by the Chief Financial Officer, Human 3 Capital Office, and Agency-Wide Shared Services as a re4 sult of the recommendations in the report published on 5 May 31, 2013, by the Treasury Inspector General for Tax 6 Administration entitled "Review of the August 2010 Small 7 Business/Self-Employed Division's Conference in Ana8 heim, California" (Reference Number 2013-10-037). 9 SEC. 109. None of the funds made available in this 10 Act to the Internal Revenue Service may be obligated or 11 expended12 13 (1) to make a payment to any employee under a bonus, award, or recognition program; or 14 (2) under any hiring or personnel selection 15 process with respect to re-hiring a former employee, 16 unless such program or process takes into account 17 the conduct and Federal tax compliance of such em- 18 ployee or former employee. 19 SEC. 110. None of the funds made available by this 20 Act may be used in contravention of section 6103 of the 21 Internal Revenue Code of 1986 (relating to confidentiality 22 and disclosure of returns and return information). 23 SEC. 111. Except to the extent provided in section 24 6014, 6020, or 620l(d) of the Internal Revenue Code of 25 1986, no funds in this or any other Act shall be available February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 20 1 to the Secretary of the Treasury to provide to any person 2 a proposed final return or statement for use by such per3 son to satisfy a filing or reporting requirement under such 4 Code. SEC. 112. In addition to the amounts otherwise made 5 6 available in this Act for the Internal Revenue Service, 7 $77,000,000, to be available until September 30, 2020, 8 shall be transferred by the Commissioner to the "Tax9 payer Services", "Enforcement", or "Operations Support" 10 accounts of the Internal Revenue Service for an additional 11 amount to be used solely for carrying out Public Law 11512 97: Provided, That such funds shall not be available until 13 the Commissioner submits to the Committees on Appro14 priations of the House of Representatives and the Senate 15 a spending plan for such funds. 16 ADl\IINISTRATIVE PROVISIONS-DEPARTMENT OF THE 17 TREASURY 18 (INCLUDING TRANSFERS OF FUNDS) 19 SEC. 113. Appropriations to the Department of the 20 Treasury in this Act shall be available for uniforms or al21 lowances therefor, as authorized by law (5 U.S.C. 5901), 22 including maintenance, repairs, and cleaning; purchase of 23 insurance for official motor vehicles operated in foreign 24 countries; purchase of motor vehicles without regard to the 25 general purchase price limitations for vehicles purchased February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 21 1 and used overseas for the current fiscal year; entering into 2 contracts with the Department of State for the furnishing 3 of health and medical services to employees and their de4 pendents serving in foreign countries; and services author- 5 ized by 5 U.S.C. 3109. 6 SEC. 114. Not to exceed 2 percent of any appropria- 7 tions in this title made available under the headings "De8 partmental Offices-Salaries and Expenses", "Office of 9 Inspector General'', '' Special Inspector General for the 10 Troubled Asset Relief Program", "Financial Crimes En11 forcement Network", "Bureau of the Fiscal Service", and 12 "Alcohol and Tobacco Tax and Trade Bureau" may be 13 transferred between such appropriations upon the advance 14 approval of the Committees on Appropriations of the 15 House of Representatives and the Senate: Provided, That 16 no transfer under this section may increase or decrease 17 any such appropriation by more than 2 percent. 18 SEC. 115. Not to exceed 2 percent of any appropria- 19 tion made available in this Act to the Internal Revenue 20 Service may be transferred to the Treasury Inspector Gen21 eral for Tax Administration's appropriation upon the ad22 vance approval of the Committees on Appropriations of 23 the House of Representatives and the Senate: Provided, 24 That no transfer may increase or decrease any such appro25 priation by more than 2 percent. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 22 1 SEC. 116. None of the funds appropriated in this A.ct 2 or otherwise available to the Department of the Treasury 3 or the Bureau of Engraving and Printing may be used 4 to redesign the $1 Federal Reserve note. 5 SEC. 117. The Secretary of the Treasury may trans- 6 fer funds from the ''Bureau of the Fiscal Service-Salaries 7 and Expenses" to the Debt Collection Fund as necessary 8 to cover the costs of debt collection: Provided, That such 9 amounts shall be reimbursed to such salaries and expenses 10 account from debt collections received in the Debt Collec11 tion Fund. 12 SEC. 118. None of the funds appropriated or other- 13 wise made available by this or any other A.ct may be used 14 by the United States Mint to construct or operate any mu15 seum without the explicit approval of the Committees on 16 Appropriations of the House of Representatives and the 17 Senate, the House Committee on Financial Services, and 18 the Senate Committee on Banking, Housing, and Urban 19 Affairs. 20 SEC. 119. None of the funds appropriated or other- 21 wise made available by this or any other A.ct or source 22 to the Department of the Treasury, the Bureau of Engrav23 ing and Printing, and the United States Mint, individually 24 or collectively, may be used to consolidate any or all func25 tions of the Bureau of Engraving and Printing and the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 23 1 United States Mint without the explicit approval of the 2 House Committee on Financial Services; the Senate Com3 mittee on Banking, Housing, and Urban Affairs; and the 4 Committees on Appropriations of the House of Represent- s atives and the Senate. 6 SEC. 120. Funds appropriated by this Act, or made 7 available by the transfer of funds in this Act, for the De8 partment of the Treasury's intelligence or intelligence re9 lated activities are deemed to be specifically authorized by 10 the Congress for purposes of section 504 of the National 11 Security Act of 1947 (50 U.S.C. 414) during fiscal year 12 2019 until the enactment of the Intelligence Authorization 13 Act for Fiscal Year 2019. 14 SEC. 121. Not to exceed $5,000 shall be made avail- 15 able from the Bureau of Engraving and Printing's Indus16 trial Revolving Fund for necessary official reception and 17 representation expenses. 18 SEC. 122. The Secretary of the Treasury shall submit 19 a Capital Investment Plan to the Committees on Appro20 priations of the Senate and the House of Representatives 21 not later than 30 days following the submission of the an22 nual budget submitted by the President: Provided, That 23 such Capital Investment Plan shall include capital invest24 ment spending from all accounts within the Department 25 of the Treasury, including but not limited to the Depart- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 24 1 ment-wide Systems and Capital Investment Programs ac2 count, Treasury Franchise Fund account, and the Treas3 ury Forfeiture Fund account: Provided further, That such 4 Capital Investment Plan shall include expenditures occur- 5 ring in previous fiscal years for each capital investment 6 project that has not been fully completed. 7 SEC. 123. Within 45 days after the date of enactment 8 of this Act, the Secretary of the Treasury shall submit 9 an itemized report to the Committees on Appropriations 10 of the House of Representatives and the Senate on the 11 amount of total funds charged to each office by the Fran- 12 chise Fund including the amount charged for each service 13 provided by the Franchise Fund to each office, a detailed 14 description of the services, a detailed explanation of how 15 each charge for each service is calculated, and a descrip16 tion of the role customers have in governing in the Fran17 chise Fund. 18 SEC. 124. During fiscal year 2019- 19 (1) none of the funds made available in this or 20 any other Act may be used by the Department of 21 the Treasury, including the Internal Revenue Serv- 22 ice, to issue, revise, or finalize any regulation, rev- 23 enue ruling, or other guidance not limited to a par- 24 ticular taxpayer relating to the standard which is 25 used to determine whether an organization is oper- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 25 1 ated exclusively for the promotion of social welfare 2 for purposes of section 501(c)( 4) of the Internal 3 Revenue Code of 1986 (including the proposed regu- 4 lations published at 78 Fed. Reg. 71535 (November 5 29, 2013)); and 6 (2) the standard and definitions as in effect on 7 January 1, 2010, which are used to make such de- 8 terminations shall apply after the date of the enact- 9 ment of this Act for purposes of determining status 10 under section 501 (c) (4) of such Code of organiza- 11 tions created on, before, or after such date. 12 SEC. 125. (a) Not later than 60 days after the end 13 of each quarter, the Office of Financial Stability and the 14 Office of Financial Research shall submit reports on their 15 activities to the Committees on Appropriations of the 16 House of Representatives and the Senate, the Committee 17 on Financial Services of the House of Representatives and 18 the Senate Committee on Banking, Housing, and Urban 19 Affairs. 20 (b) The reports required under subsection (a) shall 21 include22 23 (1) the obligations made during the preVIous quarter by object class, office, and activity; 24 (2) the estimated obligations for the remainder 25 of the fiscal year by object class, office, and activity; February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 26 1 2 (3) the number of full-time equivalents within each office during the previous quarter; 3 (4) the estimated number of full-time equ1va- 4 lents within each office for the remainder of the fis- 5 cal year; and 6 (5) actions taken to achieve the goals, objec- 7 tives, and performance measures of each office. 8 (c) At the request of any such Committees specified 9 in subsection (a), the Office of Financial Stability and the 10 Office of Financial Research shall make officials available 11 to testify on the contents of the reports required under 12 subsection (a). 13 SEC. 126. Amounts made available under the heading 14 "Office of Terrorism and Financial Intelligence" shall be 15 available to reimburse the "Departmental Offices-Sala16 ries and Expenses" account for expenses incurred in such 17 account for reception and representation expenses to sup- 18 port activities of the ]..,inancial Action Task Force. 19 SEC. 127. Beginning in fiscal year 2019 and for each 20 fiscal year thereafter, amounts in the Bureau of Engrav21 ing and Printing Fund may be used for the acquisition 22 of necessary land for, and construction of, a replacement 23 currency production facility. 24 This title may be cited as the "Department of the 25 Treasury Appropriations Act, 2019". February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 27 1 TITLE II 2 EXECUTIVE OFFICE OF THE PRESIDENT AND 3 FUNDS APPROPRIATED TO THE PRESIDENT 4 THE WHITE HOUSE 5 SALARIES AND EXPENSES 6 For necessary expenses for the White House as au- 7 thorized by law, including not to exceed $3,850,000 for 8 services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; 9 subsistence expenses as authorized by 3 U.S.C. 105, which 10 shall be expended and accounted for as provided in that 11 section; hire of passenger motor vehicles, and travel (not 12 to exceed $100,000 to be expended and accounted for as 13 provided by 3 U.S.C. 103); and not to exceed $19,000 for 14 official reception and representation expenses, to be avail15 able for allocation within the Executive Office of the Presi16 dent; and for necessary expenses of the Office of Policy 17 Development, including services as authorized by 5 U.S.C. 18 3109 and 3 U.S.C. 107, $55,000,000. 19 EXECUTIVE RESIDENCE AT THE WHITE HOUSE 20 OPERATING EXPENSES 21 For necessary expenses of the Executive Residence 22 at the White House, $13,081,000, to be expended and ac23 counted for as provided by 3 U.S.C. 105, 109, 110, and 24 112-114. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 28 1 2 REIMBURSABLE EXPENSES For the reimbursable expenses of the Executive Resi- 3 dence at the White House, such sums as may be nec4 essary: Provided, That all reimbursable operating expenses 5 of the Executive Residence shall be made in accordance 6 with the provisions of this paragraph: Provided further, 7 That, notwithstanding any other provision of law, such 8 amount for reimbursable operating expenses shall be the 9 exclusive authority of the Executive Residence to incur ob10 ligations and to receive offsetting collections, for such ex11 penses: Provided further, That the Executive Residence 12 shall require each person sponsoring a reimbursable polit13 ical event to pay in advance an amount equal to the esti14 mated cost of the event, and all such advance payments 15 shall be credited to this account and remain available until 16 expended: Provided further, That the Executive Residence 17 shall require the national committee of the political party 18 of the President to maintain on deposit $25,000, to be 19 separately accounted for and available for expenses relat- 20 ing to reimbursable political events sponsored by such 21 committee during such fiscal year: Provided further, That 22 the Executive Residence shall ensure that a written notice 23 of any amount owed for a reimbursable operating expense 24 under this paragraph is submitted to the person owmg 25 such amount within 60 days after such expense 1s m- February 12, 2019 (12:50 p.m.) U :\2019CONF\DivD-FSGG.xml SEN. APPRO. 29 1 curred, and that such amount is collected within 30 days 2 after the submission of such notice: Provided further, That 3 the Executive Residence shall charge interest and assess 4 penalties and other charges on any such amount that is 5 not reimbursed within such 30 days, in accordance with 6 the interest and penalty provisions applicable to an out7 standing debt on a United States Government claim under 8 31 U.S.C. 3717: Provided further, That each such amount 9 that is reimbursed, and any accompanying interest and 10 charges, shall be deposited in the Treasury as miscella11 neous receipts: Provided further, That the Executive Resi12 dence shall prepare and submit to the Committees on Ap13 propriations, by not later than 90 days after the end of 14 the fiscal year covered by this Act, a report setting forth 15 the reimbursable operating expenses of the Executive Res16 idence during the preceding fiscal year, including the total 17 amount of such expenses, the amount of such total that 18 consists of reimbursable official and ceremonial events, the 19 amount of such total that consists of reimbursable political 20 events, and the portion of each such amount that has been 21 reimbursed as of the date of the report: Provided further, 22 That the Executive Residence shall maintain a system for 23 the tracking of expenses related to reimbursable events 24 within the Executive Residence that includes a standard 25 for the classification of any such expense as political or February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 30 1 nonpolitical: Provided further, That no provis10n of this 2 paragraph may be construed to exempt the Executive Res3 idence from any other applicable requirement of sub4 chapter I or II of chapter 37 of title 31, United States 5 Code. 6 7 WHITE HOUSE REPAIR AND RESTORATION For the repair, alteration, and improvement of the 8 Executive Residence at the White House pursuant to 3 9 U.S.C. 105(d), $750,000, to remain available until ex- 10 pended, for required maintenance, resolution of safety and 11 health issues, and continued preventative maintenance. 12 COUNCIL OF ECONOl\IIC .ADVISERS 13 SALARIES AND EXPENSES 14 For necessary expenses of the Council of Economic 15 Advisers in carrying out its functions under the Employ16 ment Act of 1946 (15 U.S.C. 1021 et seq.), $4,187,000. 17 NATIONAL SECURITY COUNCIL AND HOl\IELAND 18 SECURITY COUNCIL 19 SALARIES .AND EXPENSES 20 For necessary expenses of the National Security 21 Council and the Homeland Security Council, including 22 services as authorized by 5 U.S.C. 3109, $12,000,000. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xrnl SEN. APPRO. 31 1 OFFICE OF ADMINISTRATION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Office of Administra- 4 tion, including services as authorized by 5 U.S.C. 3109 5 and 3 U.S.C. 107, and hire of passenger motor vehicles, 6 $100,000,000, of which not to exceed $12,800,000 shall 7 remain available until expended for continued moderniza8 tion of information resources within the Executive Office 9 of the President. 10 OFFICE OF MANAGEMENT AND BUDGET 11 SALARIES AL~D EXPENSES 12 For necessary expenses of the Office of Management 13 and Budget, including hire of passenger motor vehicles 14 and services as authorized by 5 U.S.C. 3109, to carry out 15 the provisions of chapter 35 of title 44, United States 16 Code, and to prepare and submit the budget of the United 17 States Government, in accordance with section 1105(a) of 18 title 31, United States Code, $102,000,000, of which not 19 to exceed $3,000 shall be available for official representa20 tion expenses: Provided, That none of the funds appro21 priated in this Act for the Office of Management and 22 Budget may be used for the purpose of reviewing any agri- 23 cultural marketing orders or any activities or regulations 24 under the provisions of the Agricultural Marketing Agree25 ment Act of 1937 (7 U.S.C. 601 et seq.): Provided further, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 32 1 That none of the funds made available for the Office of 2 Management and Budget by this Act may be expended for 3 the altering of the transcript of actual testimony of wit4 nesses, except for testimony of officials of the Office of 5 Management and Budget, before the Committees on Ap6 propriations or their subcommittees: Provided further, 7 That none of the funds made available for the Office of 8 Management and Budget by this Act may be expended for 9 the altering of the annual work plan developed by the 10 Corps of Engineers for submission to the Committees on 11 Appropriations: Provided further, That of the funds made 12 available for the Office of Management and Budget by this 13 Act, no less than three full-time equivalent senior staff po14 sition shall be dedicated solely to the Office of the Intellec- 15 tual Property Enforcement Coordinator: Provided further, 16 That none of the funds provided in this or prior Acts shall 17 be used, directly or indirectly, by the Office of Manage18 ment and Budget, for evaluating or determining if water 19 resource project or study reports submitted by the Chief 20 of Engineers acting through the Secretary of the Army 21 are in compliance with all applicable laws, regulations, and 22 requirements relevant to the Civil Works water resource 23 planning process: Provided further, That the Office of 24 Management and Budget shall have not more than 60 25 days in which to perform budgetary policy reviews of water February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 33 1 resource matters on which the Chief of Engineers has re2 ported: Provided further, That the Director of the Office 3 of Management and Budget shall notify the appropriate 4 authorizing and appropriating committees when the 60- 5 day review is initiated: Provided further, That if water re6 source reports have not been transmitted to the appro- 7 priate authorizing and appropriating committees within 8 15 days after the end of the Office of Management and 9 Budget review period based on the notification from the 10 Director, Congress shall assume Office of Management 11 and Budget concurrence with the report and act accord12 ingly. 13 In addition, $1,000,000 for the Office of Information 14 and Regulatory Affairs to hire additional personnel dedi15 cated to regulatory review and reforms: Provided, That 16 these amounts shall be in addition to any other amounts 17 available for such purpose: Provided further, That these 18 funds may not be used to backfill vacancies. 19 OFFICE OF NATIONAL DRUG CONTROL POLICY 20 SALARIES AND EXPENSES 21 For necessary expenses of the Office of National 22 Drug Control Policy; for research activities pursuant to 23 the Office of National Drug Control Policy Reauthoriza24 tion Act of 2006 (Public Law 109-469); not to exceed 25 $10,000 for official reception and representation expenses; February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 34 1 and for participation in joint projects or in the provision 2 of services on matters of mutual interest with nonprofit, 3 research, or public organizations or agencies, with or with4 out reimbursement, $18,400,000: Provided, That the Of5 fice is authorized to accept, hold, administer, and utilize 6 gifts, both real and personal, public and private, without 7 fiscal year limitation, for the purpose of aiding or facili8 tating the work of the Office. 9 FEDERAL DRUG CONTROL PROGRAl\IS 10 HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM 11 (INCLUDING TRANSFERS OF FUNDS) 12 For necessary expenses of the Office of National 13 Drug Control Policy's High Intensity Drug Trafficking 14 Areas Program, $280,000,000, to remain available until 15 September 30, 2020, for drug control activities consistent 16 with the approved strategy for each of the designated 17 High Intensity Drug Trafficking Areas ("HIDTAs"), of 18 which not less than 51 percent shall be transferred to 19 State and local entities for drug control activities and shall 20 be obligated not later than 120 days after enactment of 21 this Act: Provided, That up to 49 percent may be trans- 22 ferred to }1-,ederal agencies and departments in amounts 23 determined by the Director of the Office of National Drug 24 Control Policy, of which up to $2,700,000 may be used 25 for auditing services and associated activities: Provided February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 35 1 further, That, notwithstanding the requirements of Public 2 Law 106-58, any unexpended funds obligated prior to fis3 cal year 2017 may be used for any other approved activi4 ties of that HIDTA, subject to reprogramming require5 ments: Provided further, That each HIDTA designated as 6 of September 30, 2018, shall be funded at not less than 7 the fiscal year 2018 base level, unless the Director submits 8 to the Committees on Appropriations of the House of Rep9 resentatives and the Senate justification for changes to 10 those levels based on clearly articulated priorities and pub11 lished Office of National Drug Control Policy performance 12 measures of effectiveness: Provided further, That the Di- 13 rector shall notify the Committees on Appropriations of 14 the initial allocation of fiscal year 2019 funding among 15 HIDTAs not later than 45 days after enactment of this 16 Act, and shall notify the Committees of planned uses of 17 discretionary HIDTA funding, as determined in consulta18 tion with the HIDTA Directors, not later than 90 days 19 after enactment of this Act: Provided further, That upon 20 a determination that all or part of the funds so transferred 21 from this appropriation are not necessary for the purposes 22 provided herein and upon notification to the Committees 23 on Appropriations of the House of Representatives and the 24 Senate, such amounts may be transferred back to this ap25 propriation. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 36 1 OTHER FEDERAL DRUG CONTROL PROGRAMS 2 (INCLUDING TRANSFERS OF FUNDS) 3 For other drug control activities authorized by the 4 Office of National Drug Control Policy Reauthorization 5 Act of 2006 (Public Law 109-469), $118,327,000, to re6 main available until expended, which shall be available as 7 follows: $100,000,000 for the Drug-Free Communities 8 Program, of which $2,000,000 shall be made available as 9 directed by section 4 of Public Law 107-82, as amended 10 by Public Law 109-469 (21 U.S.C. 1521 note); 11 $2,000,000 for drug court training and technical assist12 ance; $9,500,000 for anti-doping activities; $2,577,000 for 13 the United States membership dues to the World Anti14 Doping Agency; and $1,250,000 shall be made available 15 as directed by section 1105 of Public Law 109-469; and 16 $3,000,000, to remain available until expended, shall be 17 for activities authorized by section 103 of Public Law 18 114-198: Provided, That amounts made available under 19 this heading may be transferred to other Federal depart20 ments and agencies to carry out such activities. 21 22 UN.ANTICIPATED NEEDS For expenses necessary to enable the President to 23 meet unanticipated needs, in furtherance of the national 24 interest, security, or defense which may arise at home or 25 abroad during the current fiscal year, as authorized by February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 37 1 3 U.S.C. 108, $1,000,000, to remain available until Sep- 2 tember 30, 2020. 3 lNFORJ\L~TION TECHNOLOGY OVERSIGHT AND REFORM 4 (INCLUDING TRANSFER OF FUNDS) 5 For necessary expenses for the furtherance of inte- 6 grated, efficient, secure, and effective uses of information 7 technology in the Federal Government, $28,500,000, to 8 remain available until expended: Provided, That the Direc- 9 tor of the Office of Management and Budget may transfer 10 these funds to one or more other agencies to carry out 11 projects to meet these purposes. 12 SPECL~ ASSISTANCE TO THE PRESIDENT 13 SALARIES AND EXPENSES 14 For necessary expenses to enable the Vice President 15 to provide assistance to the President in connection with 16 specially assigned functions; services as authorized by 5 17 U.S.C. 3109 and 3 U.S.C. 106, including subsistence ex- 18 penses as authorized by 3 U.S.C. 106, which shall be ex19 pended and accounted for as provided in that section; and 20 hire of passenger motor vehicles, $4,288,000. 21 0FFICL~ RESIDENCE OF THE VICE PRESIDENT 22 OPERATING EXPENSES 23 (INCLUDING TRANSFER OF FUNDS) 24 For the care, operation, refurnishing, improvement, 25 and to the extent not otherwise provided for, heating and February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 38 1 lighting, including electric power and fixtures, of the offi2 cial residence of the Vice President; the hire of passenger 3 motor vehicles; and not to exceed $90,000 pursuant to 3 4 U.S.C. 106(b)(2), $302,000: Provided, That advances, re5 payments, or transfers from this appropriation may be 6 made to any department or agency for expenses of car7 rying out such activities. 8 ADMINISTRATIVE PROVISIONS-EXECUTIVE OFFICE OF 9 THE PRESIDENT AND FUNDS APPROPRL'\..TED TO 10 11 12 THE PRESIDENT (INCLUDING TRANSFER OF FUNDS) SEC. 201. From funds made available in this Act 13 under the headings "The White House", "Executive Resi14 dence at the White House", "White House Repair and 15 Restoration", "Council of Economic Advisers", "National 16 Security Council and Homeland Security Council", "Of17 fice of Administration", "Special Assistance to the Presi18 dent", and "Official Residence of the Vice President", the 19 Director of the Office of Management and Budget (or 20 such other officer as the President may designate in writ- 21 ing), may, with advance approval of the Committees on 22 Appropriations of the House of Representatives and the 23 Senate, transfer not to exceed 10 percent of any such ap24 propriation to any other such appropriation, to be merged 25 with and available for the same time and for the same February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 39 1 purposes as the appropriation to which transferred: Pro2 vided, That the amount of an appropriation shall not be 3 increased by more than 50 percent by such transfers: Pro4 vided further, That no amount shall be transferred from 5 "Special Assistance to the President" or "Official Resi6 dence of the Vice President" without the approval of the 7 Vice President. 8 SEC. 202. (a) During fiscal year 2019, any Executive 9 order or Presidential memorandum issued or revoked by 10 the President shall be accompanied by a written statement 11 from the Director of the Office of Management and Budg12 et on the budgetary impact, including costs, benefits, and 13 revenues, of such order or memorandum. 14 (b) Any such statement shall include- 15 (1) a narrative summary of the budgetary im- 16 pact of such order or memorandum on the Federal 17 Government; 18 (2) the impact on mandatory and discretionary 19 obligations and outlays as the result of such order 20 or memorandum, listed by Federal agency, for each 21 year in the 5-fiscal-year period beginning in fiscal 22 year 2019; and 23 ( 3) the impact on revenues of the Federal Gov- 24 ernment as the result of such order or memorandum February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 40 1 over the 5-fiscal-year period beginning in fiscal year 2 2019. 3 (c) If an Executive order or Presidential memo- 4 randum is issued during fiscal year 2019 due to a national 5 emergency, the Director of the Office of Management and 6 Budget may issue the statement required by subsection 7 (a) not later than 15 days after the date that such order 8 or memorandum is issued. 9 (d) The requirement for cost estimates for Presi- 10 dential memoranda shall only apply for Presidential 11 memoranda estimated to have a regulatory cost in excess 12 of $100,000,000. 13 This title may be cited as the "Executive Office of 14 the President Appropriations Act, 2019''. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 41 1 TITLE III 2 THE JUDICIARY 3 SUPREME COURT OF THE UNITED STATES 4 SALARIES AND EXPENSES 5 For expenses necessary for the operation of the Su- 6 preme Court, as required by law, excluding care of the 7 building and grounds, including hire of passenger motor 8 vehicles as authorized by 31 U.S.C. 1343 and 1344; not 9 to exceed $10,000 for official reception and representation 10 expenses; and for miscellaneous expenses, to be expended 11 as the Chief Justice may approve, $84,703,000, of which 12 $1,500,000 shall remain available until expended. 13 In addition, there are appropriated such sums as may 14 be necessary under current law for the salaries of the chief 15 justice and associate justices of the court. 16 17 CARE OF THE BUILDING AND GROUNDS For such expenditures as may be necessary to enable 18 the Architect of the Capitol to carry out the duties im19 posed upon the Architect by 40 U.S.C. 6111 and 6112, 20 $15,999,000, to remain available until expended. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 42 1 UNITED STATES COURT OF APPEALS FOR THE FEDERAL 2 CIRCUIT 3 SAL.ARIES AND EXPENSES 4 For salaries of officers and employees, and for nec- 5 essary expenses of the court, as authorized by law, 6 $32,016,000. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of the chief 9 judge and judges of the court. 10 UNITED STATES COURT OF INTERNATIONAL TRADE 11 SALARIES AND EXPENSES 12 For salaries of officers and employees of the court, 13 services, and necessary expenses of the court, as author14 ized by law, $18,882,000. 15 In addition, there are appropriated such sums as may 16 be necessary under current law for the salaries of the chief 17 judge and judges of the court. 18 COURTS OF APPEALS, DISTRICT COURTS, .AND OTHER 19 JUDICIAL SERVICES 20 SALARIES AND EXPENSES 21 For the salaries of judges of the United States Court 22 of Federal Claims, magistrate judges, and all other offi23 cers and employees of the Federal Judiciary not otherwise 24 specifically provided for, necessary expenses of the courts, 25 and the purchase, rental, repair, and cleaning of uniforms February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 43 1 for Probation and Pretrial Services Office staff, as author- 2 ized by law, $5,144,383,000 (including the purchase of 3 firearms and ammunition); of which not to exceed 4 $27,817,000 shall remain available until expended for 5 space alteration projects and for furniture and furnishings 6 related to new space alteration and construction projects. 7 In addition, there are appropriated such sums as may 8 be necessary under current law for the salaries of circuit 9 and district judges (including judges of the territorial 10 courts of the United States), bankruptcy judges, and jus11 tices and judges retired from office or from regular active 12 service. 13 In addition, for expenses of the United States Court 14 of Federal Claims associated with processing cases under 15 the National Childhood Vaccine Injury Act of 1986 (Pub16 lie Law 99-660), not to exceed $8,475,000, to be appro17 priated from the Vaccine Injury Compensation Trust 18 Fund. 19 20 DEFENDER SERVICES For the operation of Federal Defender organizations; 21 the compensation and reimbursement of expenses of attor22 neys appointed to represent persons under 18 U.S.C. 23 3006A and 3599, and for the compensation and reim24 bursement of expenses of persons furnishing investigative, 25 expert, and other services for such representations as au- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 44 1 thorized by law; the compensation (in accordance with the 2 maximums under 18 U.S.C. 3006A) and reimbursement 3 of expenses of attorneys appointed to assist the court in 4 criminal cases where the defendant has waived representa- 5 tion by counsel; the compensation and reimbursement of 6 expenses of attorneys appointed to represent jurors in civil 7 actions for the protection of their employment, as author- 8 ized by 28 U.S.C. 1875(d)(l); the compensation and reim9 bursement of expenses of attorneys appointed under 18 10 U.S.C. 983(b)(l) in connection with certain judicial civil 11 forfeiture proceedings; the compensation and reimburse- 12 ment of travel expenses of guardians ad litem appointed 13 under 18 U.S.C. 4100(b); and for necessary training and 14 general administrative expenses, $1,150,450,000 to re15 main available until expended. 16 17 FEES OF JURORS AND COMMISSIONERS For fees and expenses of jurors as authorized by 28 18 U.S.C. 1871 and 1876; compensation of jury commis19 sioners as authorized by 28 U.S.C. 1863; and compensa- 20 tion of commissioners appointed in condemnation cases 21 pursuant to rule 71.l(h) of the Federal Rules of Civil Pro- 22 cedure (28 U.S.C. Appendix Rule 71.l(h)), $49,750,000, 23 to remain available until expended: Provided, That the 24 compensation of land commissioners shall not exceed the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xrnl 45 1 daily equivalent of the highest rate payable under 5 U.S.C. 2 5332. 3 COURT SECURITY 4 (INCLUDING TRANSFER OF FUNDS) 5 For necessary expenses, not otherwise provided for, 6 incident to the provision of protective guard services for 7 United States courthouses and other facilities housing 8 Federal court operations, and the procurement, installa9 tion, and maintenance of security systems and equipment 10 for United States courthouses and other facilities housing 11 Federal court operations, including building ingress-egress 12 control, inspection of mail and packages, directed security 13 patrols, perimeter security, basic security services provided 14 by the Federal Protective Service, and other similar activi15 ties as authorized by section 1010 of the Judicial Improve16 ment and Access to Justice Act (Public Law 100-702), 17 $607,110,000, of which not to exceed $20,000,000 shall 18 remain available until expended, to be expended directly 19 or transferred to the United States Marshals Service, 20 which shall be responsible for administering the Judicial 21 Facility Security Program consistent with standards or 22 guidelines agreed to by the Director of the Administrative 23 Office of the United States Courts and the Attorney Gen24 eral. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 46 1 ADMINISTRATIVE OFFICE OF THE UNITED STATES 2 COURTS 3 SALARIES AND EXPENSES 4 For necessary expenses of the Administrative Office 5 of the United States Courts as authorized by law, includ6 ing travel as authorized by 31 U.S.C. 1345, hire of a pas7 senger motor vehicle as authorized by 31 U.S.C. 1343(b), 8 advertising and rent in the District of Columbia and else9 where, $92,413,000, of which not to exceed $8,500 is au- 10 thorized for official reception and representation expenses. 11 FEDERAL JUDICIAL CENTER 12 SALARIES AND EXPENSES 13 For necessary expenses of the Federal Judicial Cen- 14 ter, as authorized by Public Law 90-219, $29,819,000; 15 of which $1,800,000 shall remain available through Sep16 tember 30, 2020, to provide education and training to 17 Federal court personnel; and of which not to exceed 18 $1,500 is authorized for official reception and representa19 tion expenses. 20 UNITED STATES SENTENCING COMMISSION 21 SALARIES .AND EXPENSES 22 For the salaries and expenses necessary to carry out 23 the provisions of chapter 58 of title 28, United States 24 Code, $18,953,000, of which not to exceed $1,000 is au25 thorized for official reception and representation expenses. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 47 1 ADMINISTRATIVE PROVISIONS-THE JUDICIARY 2 (INCLUDING TRANSFER OF FUNDS) 3 SEC. 301. Appropriations and authorizations made in 4 this title which are available for salaries and expenses shall 5 be available for services as authorized by 5 U.S.C. 3109. 6 SEC. 302. Not to exceed 5 percent of any appropria- 7 tion made available for the current fiscal year for the Judi8 ciary in this Act may be transferred between such appro9 priations, but no such appropriation, except "Courts of 10 Appeals, District Courts, and Other Judicial Services, De11 fender Services" and "Courts of Appeals, District Courts, 12 and Other Judicial Services, Fees of Jurors and Commis13 sioners", shall be increased by more than 10 percent by 14 any such transfers: Provided, That any transfer pursuant 15 to this section shall be treated as a reprogramming of 16 funds under sections 604 and 608 of this Act and shall 17 not be available for obligation or expenditure except in 18 compliance with the procedures set forth in section 608. 19 SEC. 303. Notwithstanding any other provision of 20 law, the salaries and expenses appropriation for "Courts 21 of Appeals, District Courts, and Other Judicial Services" 22 shall be available for official reception and representation 23 expenses of the Judicial Conference of the United States: 24 Provided, That such available funds shall not exceed 25 $11,000 and shall be administered by the Director of the February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xrnl SEN. APPRO. 48 1 Administrative Office of the United States Courts in the 2 capacity as Secretary of the Judicial Conference. 3 SEC. 304. Section 3315(a) of title 40, United States 4 Code, shall be applied by substituting "Federal" for "exec- 5 utive" each place it appears. 6 SEC. 305. In accordance with 28 U.S.C. 561-569, 7 and notwithstanding any other provision of law, the 8 United States Marshals Service shall provide, for such 9 courthouses as its Director may designate in consultation 10 with the Director of the Administrative Office of the 11 United States Courts, for purposes of a pilot program, the 12 security services that 40 U.S.C. 1315 authorizes the De13 partment of Homeland Security to provide, except for the 14 services specified in 40 U.S.C. 1315(b)(2)(E). For build- 15 ing-specific security services at these courthouses, the Di16 rector of the Administrative Office of the United States 17 Courts shall reimburse the United States Marshals Service 18 rather than the Department of Homeland Security. 19 SEC. 306. (a) Section 203(c) of_the Judicial Improve- 20 ments Act of 1990 (Public Law 101-650; 28 U.S.C. 133 21 note), is amended in the matter following paragraph 1222 (1) in the second sentence (relating to the Dis- 23 trict of Kansas), by striking "27 years and 6 24 months" and inserting "28 years and 6 months"; 25 and February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 49 1 (2) in the sixth sentence (relating to the Dis- 2 trict of Hawaii), by striking "24 years and 6 3 months" and inserting "25 years and 6 months". 4 (b) Section 406 of the Transportation, Treasury, 5 Housing and Urban Development, the Judiciary, the Dis6 trict of Columbia, and Independent Agencies Appropria7 tions Act, 2006 (Public Law 109-115; 119 Stat. 2470; 8 28 U.S.C. 133 note) is amended in the second sentence 9 (relating to the eastern District of Missouri) by striking 10 "25 years and 6 months" and inserting "26 years and 11 6 months". 12 (c) Section 312( c)(2) of the 21st Century Depart- 13 ment of Justice Appropriations Authorization Act (Public 14 Law 107-273; 28 U.S.C. 133 note), is amended15 16 (1) in the first sentence by striking "16 years" and inserting "17 years"; 17 (2) in the second sentence (relating to the cen- 18 tral District of California), by striking "15 years 19 and 6 months" and inserting "16 years and 6 20 months"; and 21 (3) in the third sentence (relating to the west- 22 ern district of North Carolina), by striking '' 14 23 years" and inserting "15 years". 24 This title may be cited as the ''Judiciary Appropria- 25 tions Act, 2019". February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xrnl SEN. APPRO. 50 1 TITLE IV 2 DISTRICT OF COLUMBIA 3 FEDERAL FUNDS 4 FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT 5 For a Federal payment to the District of Columbia, 6 to be deposited into a dedicated account, for a nationwide 7 program to be administered by the Mayor, for District of 8 Columbia resident tuition support, $40,000,000, to remain 9 available until expended: Provided, That such funds, in10 eluding any interest accrued thereon, may be used on be- 11 half of eligible District of Columbia residents to pay an 12 amount based upon the difference between in-State and 13 out-of-State tuition at public institutions of higher edu14 cation, or to pay up to $2,500 each year at eligible private 15 institutions of higher education: Provided further, That the 16 awarding of such funds may be prioritized on the basis 17 of a resident's academic merit, the income and need of 18 eligible students and such other factors as may be author19 ized: Provided further, That the District of Columbia gov20 ernment shall maintain a dedicated account for the Resi21 dent Tuition Support Program that shall consist of the 22 Federal funds appropriated to the Program in this .Act 23 and any subsequent appropriations, any unobligated bal24 ances from prior fiscal years, and any interest earned in 25 this or any fiscal year: Provided further, That the account February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 51 1 shall be under the control of the District of Columbia 2 Chief Financial Officer, who shall use those funds solely 3 for the purposes of carrying out the Resident Tuition Sup4 port Program: Provided further, That the Office of the 5 Chief Financial Officer shall provide a quarterly financial 6 report to the Committees on Appropriations of the House 7 of Representatives and the Senate for these funds show- 8 ing, by object class, the expenditures made and the pur9 pose therefor. 10 FEDERAL PAYMENT FOR EMERGENCY PLANNING AND 11 SECURITY COSTS IN THE DISTRICT OF COL U:l\IBIA 12 For a Federal payment of necessary expenses, as de- 13 termined by the Mayor of the District of Columbia in writ14 ten consultation with the elected county or city officials 15 of surrounding jurisdictions, $12,000,000, to remain 16 available until expended, for the costs of providing public 17 safety at events related to the presence of the National 18 Capital in the District of Columbia, including support re19 quested by the Director of the United States Secret Serv20 ice in carrying out protective duties under the direction 21 of the Secretary of Homeland Security, and for the costs 22 of providing support to respond to immediate and specific 23 terrorist threats or attacks in the District of Columbia or 24 surrounding jurisdictions. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 52 1 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 2 COURTS 3 For salaries and expenses for the District of Colurn- 4 bia Courts, $258,394,000 to be allocated as follows: for 5 the District of Columbia Court of Appeals, $14,594,000, 6 of which not to exceed $2,500 is for official reception and 7 representation expenses; for the Superior Court of the 8 District of Columbia, $124,400,000, of which not to ex- 9 ceed $2,500 is for official reception and representation ex10 penses; for the District of Columbia Court System, 11 $74,400,000, of which not to exceed $2,500 is for official 12 reception and representation expenses; and $45,000,000, 13 to remain available until September 30, 2020, for capital 14 improvements for District of Columbia courthouse facili15 ties: Provided, That funds made available for capital irn16 provernents shall be expended consistent with the District 17 of Columbia Courts master plan study and facilities condi18 tion assessment: Provided further, That, in addition to the 19 amounts appropriated herein, fees received by the District 20 of Columbia Courts for administering bar examinations 21 and processing District of Columbia bar admissions may 22 be retained and credited to this appropriation, to remain 23 available until expended, for salaries and expenses associ24 ated with such activities, notwithstanding section 450 of 25 the District of Columbia Horne Rule Act (D.C. Official February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 53 1 Code, sec. 1-204.50): Provided further, That notwith2 standing any other provision of law, all amounts under 3 this heading shall be apportioned quarterly by the Office 4 of Management and Budget and obligated and expended 5 in the same manner as funds appropriated for salaries and 6 expenses of other Federal agencies: Provided further, That 7 30 days after providing written notice to the Committees 8 on Appropriations of the House of Representatives and the 9 Senate, the District of Columbia Courts may reallocate 10 not more than $9,000,000 of the funds provided under 11 this heading among the items and entities funded under 12 this heading: Provided further, That the Joint Committee 13 on Judicial Administration in the District of Columbia 14 may, by regulation, establish a program substantially simi15 lar to the program set forth in subchapter II of chapter 16 35 of title 5, United States Code, for employees of the 17 District of Columbia Courts. 18 FEDERAL PAYMENT FOR DEFENDER SERVICES IN 19 DISTRICT OF COLUMBL'\ COURTS 20 (INCLUDING TRANSFER OF FUNDS) 21 For payments authorized under section 11-2604 and 22 section 11-2605, D.C. Official Code (relating to represen23 tation provided under the District of Columbia Criminal 24 Justice Act), payments for counsel appointed in pro25 ceedings in the Family Court of the Superior Court of the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 54 1 District of Columbia under chapter 23 of title 16, D.C. 2 Official Code, or pursuant to contractual agreements to 3 provide guardian ad litem representation, training, tech4 nical assistance, and such other services as are necessary 5 to improve the quality of guardian ad litem representation, 6 payments for counsel appointed in adoption proceedings 7 under chapter 3 of title 16, D.C. Official Code, and pay8 ments authorized under section 21-2060, D.C. Official 9 Code (relating to services provided under the District of 10 Columbia Guardianship, Protective Proceedings, and Dull rable Power of Attorney Act of 1986), $46,005,000, to 12 remain available until expended: Provided, That not more 13 than $20,000,000 in unobligated funds provided in this 14 account may be transferred to and merged with funds 15 made available under the heading "Federal Payment to 16 the District of Columbia Courts," to be available for the 17 same period and purposes as funds made available under 18 that heading for capital improvements to District of Co19 lumbia courthouse facilities: Provided further, That funds 20 provided under this heading shall be administered by the 21 Joint Committee on Judicial Administration in the Dis22 trict of Columbia: Provided further, That, notwithstanding 23 any other provision of law, this appropriation shall be ap24 portioned quarterly by the Office of Management and 25 Budget and obligated and expended in the same manner February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 55 1 as funds appropriated for expenses of other Federal agen- 2 c1es. 3 FEDERAL PAYMENT TO THE COURT SERVICES .AND OF- 4 FENDER SUPERVISION AGENCY FOR THE DISTRICT 5 OF COL Ul\IBIA 6 For salaries and expenses, including the transfer and 7 hire of motor vehicles, of the Court Services and Offender 8 Supervision Agency for the District of Columbia, as au9 thorized by the National Capital Revitalization and Self10 Government Improvement Act of 1997, $256,724,000, of 11 which not to exceed $2,000 is for official reception and 12 representation expenses related to Community Supervision 13 and Pretrial Services Agency programs, and of which not 14 to exceed $25,000 is for dues and assessments relating 15 to the implementation of the Court Services and Offender 16 Supervision Agency Interstate Supervision Act of 2002: 17 Provided, That, of the funds appropriated under this head18 ing, $183,166,000 shall be for necessary expenses of Com19 munity Supervision and Sex Offender Registration, to in- 20 elude expenses relating to the supervision of adults subject 21 to protection orders or the provision of services for or re- 22 lated to such persons, of which $5,919,000 shall remain 23 available until September 30, 2021 for costs associated 24 with relocation under a replacement lease for headquarters 25 offices, field offices, and related facilities: Provided further, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 56 1 That, of the funds appropriated under this heading, 2 $73,558,000 shall be available to the Pretrial Services 3 Agency, of which $7,304,000 shall remain available until 4 September 30, 2021 for costs associated with relocation 5 under a replacement lease for headquarters offices, field 6 offices, and related facilities: Provided further, That not- 7 withstanding any other provision of law, all amounts 8 under this heading shall be apportioned quarterly by the 9 Office of Management and Budget and obligated and ex- 10 pended in the same manner as funds appropriated for sal11 aries and expenses of other Federal agencies: Provided fur12 ther, That amounts under this heading may be used for 13 programmatic incentives for defendants to successfully 14 complete their terms of supervision. 15 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 16 PUBLIC DEFENDER SERVICE 17 For salaries and expenses, including the transfer and 18 hire of motor vehicles, of the District of Columbia Public 19 Defender Service, as authorized by the National Capital 20 Revitalization and Self-Government Improvement Act of 21 1997, $45,858,000, of which $4,471,000 shall remain 22 available until September 30, 2021 for costs associated 23 with relocation under a replacement lease for headquarters 24 offices, field offices, and related facilities: Provided, That 25 notwithstanding any other provision of law, all amounts February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 57 1 under this heading shall be apportioned quarterly by the 2 Office of Management and Budget and obligated and ex3 pended in the same manner as funds appropriated for sal4 aries and expenses of Federal agencies. 5 FEDERAL PAYMENT TO THE CRIMINAL JUSTICE 6 COORDINATING COUNCIL 7 For a Federal payment to the Criminal Justice Co- 8 ordinating Council, $2,150,000, to remain available until 9 expended, to support initiatives related to the coordination 10 of Federal and local criminal justice resources in the Dis11 trict of Columbia. 12 FEDERAL PAYMENT FOR JUDICLiU.. COMMISSIONS 13 For a Federal payment, to remain available until 14 September 30, 2020, to the Commission on Judicial Dis15 abilities and Tenure, $295,000, and for the Judicial Nomi16 nation Commission, $270,000. 17 FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT 18 :B-,or a Federal payment for a school improvement pro- 19 gram in the District of Columbia, $52,500,000, to remain 20 available until expended, for payments authorized under 21 the Scholarships for Opportunity and Results Act (division 22 C of Public Law 112-10): Provided, That, to the extent 23 that funds are available for opportunity scholarships and 24 following the priorities included in section 3006 of such 25 Act, the Secretary of Education shall make scholarships February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 58 1 available to students eligible under section 3013(3) of such 2 Act (Public Law 112-10; 125 Stat. 211) including stu3 dents who were not offered a scholarship during any pre4 vious school year: Provided further, That within funds pro5 vided for opportunity scholarships up to $1,200,000 shall 6 be for the activities specified in sections 3007 (b) through 7 3007(d) of the Act and up to $500,000 shall be for the 8 activities specified in section 3009 of the Act. 9 FEDERAL PAYl\IENT FOR THE DISTRICT OF COL UMBL'\. 10 NATIONAL GUARD For a Federal payment to the District of Columbia 11 12 National Guard, $435,000, to remain available until ex13 pended for the Major General David F. Wherley, Jr. Dis14 trict of Columbia National Guard Retention and College 15 Access Program. 16 FEDER.AL PAYMENT FOR TESTING AND 'fREATMENT OF 17 HIV/AIDS 18 For a Federal payment to the District of Columbia 19 for the testing of individuals for, and the treatment of in- 20 dividuals with, human immunodeficiency virus and ac21 quired immunodeficiency syndrome in the District of Co- 22 lumbia, $3,000,000. 23 24 DISTRICT OF COLUMBIA FUNDS Local funds are appropriated for the District of Co- 25 lumbia for the current fiscal year out of the General Fund February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 59 1 of the District of Columbia ("General Fund") for pro2 grams and activities set forth under the heading ''pART 3 .A-SUMl\L.IBY OF EXPENSES" and at the rate set forth 4 under such heading, as included in the Fiscal Year 2019 5 Budget Request Act of 2018 submitted to Congress by 6 the District of Columbia, as amended as of the date of 7 enactment of this Act: Provided, That notwithstanding 8 any other provision of law, except as provided in section 9 450A of the District of Columbia Home Rule Act (section 10 1-204.50a, D.C. Official Code), sections 816 and 817 of 11 the Financial Services and General Government Appro12 priations Act, 2009 (secs. 47-369.01 and 47-369.02, D.C. 13 Official Code), and provisions of this Act, the total amount 14 appropriated in this Act for operating expenses for the 15 District of Columbia for fiscal year 2019 under this head16 ing shall not exceed the estimates included in the Fiscal 17 Year 2019 Budget Request Act of 2018 submitted to Con- 18 gress by the District of Columbia, as amended as of the 19 date of enactment of this Act or the sum of the total reve20 nues of the District of Columbia for such fiscal year: Pro21 vided further, rrhat the amount appropriated may be in22 creased by proceeds of one-time transactions, which are 23 expended for emergency or unanticipated operating or 24 capital needs: Provided further, That such increases shall 25 be approved by enactment of local District law and shall February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 60 1 comply with all reserve requirements contained in the Dis- 2 trict of Columbia Home Rule Act: Provided further, That 3 the Chief Financial Officer of the District of Columbia 4 shall take such steps as are necessary to assure that the 5 District of Columbia meets these requirements, including 6 the apportioning by the Chief Financial Officer of the ap7 propriations and funds made available to the District dur8 ing fiscal year 2019, except that the Chief Financial Offi9 cer may not reprogram for operating expenses any funds 10 derived from bonds, notes, or other obligations issued for 11 capital projects. 12 FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA 13 WATER AND SEWER AUTHORITY 14 For a Federal payment to the District of Columbia 15 Water and Sewer Authority, $8,000,000, to remain avail16 able until expended, to continue implementation of the 17 Combined Sewer Overflow Long-Term Plan: Provided, 18 That the District of Columbia Water and Sewer Authority 19 provides a 100 percent match for this payment. 20 This title may be cited as the ''District of Columbia 21 Appropriations Act, 2019". February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 61 1 TITLE V 2 INDEPENDENT AGENCIES 3 ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 4 SALARIES AND EXPENSES 5 For necessary expenses of the Administrative Con- 6 ference of the United States, authorized by 5 U.S.C. 591 7 et seq., $3,100,000, to remain available until September 8 30, 2020, of which not to exceed $1,000 is for official re- 9 ception and representation expenses. 10 11 COMMODITY FUTURES TRADING COMMISSION For necessary expenses to carry out the provisions 12 of the Commodity Exchange Act (7 U.S.C. 1 et seq.), in13 eluding the purchase and hire of passenger motor vehicles, 14 and the rental of space (to include multiple year leases), 15 in the District of Columbia and elsewhere, $268,000,000, 16 including not to exceed $3,000 for official reception and 17 representation expenses, and not to exceed $25,000 for the 18 expenses for consultations and meetings hosted by the 19 Commission with foreign governmental and other regu20 latory officials, of which not less than $50,000,000, to re21 main available until September 30, 2020, shall be for the 22 purchase of information technology and of which not less 23 than $3,000,000 shall be for expenses of the Office of the 24 Inspector General: Provided, That notwithstanding the 25 limitations in 31 U.S.C. 1553, amounts provided under February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 62 1 this heading are available for the liquidation of obligations 2 equal to current year payments on leases entered into 3 prior to the date of enactment of this Act: Provided fur4 ther, That for the purpose of recording and liquidating any 5 lease obligations that should have been recorded and liq6 uidated against accounts closed pursuant to 31 U.S.C. 7 1552, and consistent with the preceding proviso, such 8 amounts shall be transferred to and recorded in a no-year 9 account in the Treasury, which has been established for 10 the sole purpose of recording adjustments for and liqui11 dating such unpaid obligations. 12 CONSUMER PRODUCT SAFETY COM1\IISSI0N 13 SALARIES AND EXPENSES 14 For necessary expenses of the Consumer Product 15 Safety Commission, including hire of passenger motor ve16 hicles, services as authorized by 5 U.S.C. 3109, but at 17 rates for individuals not to exceed the per diem rate equiv18 alent to the maximum rate payable under 5 U.S.C. 5376, 19 purchase of nominal awards to recognize non-Federal offi- 20 cials' contributions to Commission activities, and not to 21 exceed $4,000 for official reception and representation ex- 22 penses, $127,000,000, of which $800,000 shall remain 23 available until expended to carry out the program, includ24 ing administrative costs, required by section 1405 of the February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 63 1 Virginia Graeme Baker Pool and Spa Safety Act (Public 2 Law 110-140; 15 U.S.C. 8004). 3 ADMINISTRATIVE PROVISION-CONSUMER PRODUCT 4 SAFETY COMMISSION 5 SEC. 501. During fiscal year 2019, none of the 6 amounts made available by this Act may be used to final7 ize or implement the Safety Standard for Recreational 8 Off-Highway Vehicles published by the Consumer Product 9 Safety Commission in the Federal Register on November 10 19, 2014 (79 Fed. Reg. 68964) until after11 (1) the National Academy of Sciences, m con- 12 sultation with the National Highway Traffic Safety 13 Administration and the Department of Defense, 14 completes a study to determine- 15 (A) the technical validity of the lateral sta- 16 bility and vehicle handling requirements pro- 17 posed by such standard for purposes of reduc- 18 ing the risk of Recreational Off-Highway Vehi- 19 cle (referred to in this section as "ROV") roll- 20 overs in the off-road environment, including the 21 repeatability and reproducibility of testing for 22 compliance with such requirements; 23 (B) the number of ROV rollovers that 24 would be prevented if the proposed require- 25 ments were adopted; February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 64 1 (C) whether there is a technical basis for 2 the proposal to provide information on a point- 3 of-sale hangtag about a ROV's rollover resist- 4 ance on a progressive scale; and 5 (D) the effect on the utility of ROVs used 6 by the United States military if the proposed 7 requirements were adopted; and 8 (2) a report containing the results of the study 9 10 11 12 13 14 15 16 17 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. 18 ELECTION ASSISTANCE COMJHISSION 19 SALARIES Al~D EXPENSES 20 (INCLUDING TRANSFER OF FUNDS) 21 For necessary expenses to carry out the Help Amer- 22 ica Vote Act of 2002 (Public Law 107-252), $9,200,000, 23 of which $1,250,000 shall be transferred to the National 24 Institute of Standards and Technology for election reform February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 65 1 activities authorized under the Help America Vote Act of 2 2002. 3 FEDERAL COMMUNICATIONS COMMISSION 4 SALARIES AND EXPENSES 5 For necessary expenses of the Federal Communica- 6 tions Commission, as authorized by law, including uni7 forms and allowances therefor, as authorized by 5 U.S.C. 8 5901-5902; not to exceed $4,000 for official reception and 9 representation expenses; purchase and hire of motor vehi10 cles; special counsel fees; and services as authorized by 11 5 U.S.C. 3109, $339,000,000, to remain available until 12 expended: Provided, That $339,000,000 of offsetting col13 lections shall be assessed and collected pursuant to section 14 9 of title I of the Communications Act of 1934, shall be 15 retained and used for necessary expenses and shall remain 16 available until expended: Provided further, That the sum 17 herein appropriated shall be reduced as such offsetting 18 collections are received during fiscal year 2019 so as to 19 result in a final fiscal year 2019 appropriation estimated 20 at $0: Provided further, That any offsetting collections re21 ceived in excess of $339,000,000 in fiscal year 2019 shall 22 not be available for obligation: Provided further, That re23 maining offsetting collections from prior years collected in 24 excess of the amount specified for collection in each such 25 year and otherwise becoming available on October 1, 2018, February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 66 1 shall not be available for obligation: Provided further, 2 That, notwithstanding 47 U.S.C. 309(j)(S)(B), proceeds 3 from the use of a competitive bidding system that may 4 be retained and made available for obligation shall not ex- 5 ceed $130,284,000 for fiscal year 2019: Provided further, 6 That, of the amount appropriated under this heading, not 7 less than $11,064,000 shall be for the salaries and ex- 8 penses of the Office of Inspector General. 9 10 11 . ADJHINISTR.A._TIVE PROVISION-FEDERAL COJ\IMUNICATIONS COMMISSION SEC. 510. None of the funds appropriated by this A.ct 12 may be used by the Federal Communications Commission 13 to modify, amend, or change its rules or regulations for 14 universal service support payments to implement the Feb15 ruary 27, 2004 recommendations of the Federal-State 16 Joint Board on Universal Service regarding single connec17 tion or primary line restrictions on universal service sup- 18 port payments. 19 FEDERAL DEPOSIT INSURANCE CORPORATION 20 OFFICE OF THE INSPECTOR GENERAL 21 For necessary expenses of the Office of Inspector 22 General in carrying out the provisions of the Inspector 23 General A.ct of 1978, $42,982,000, to be derived from the 24 Deposit Insurance Fund or, only when appropriate, the 25 FSLIC Resolution Fund. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 67 1 FEDERAL ELECTION COl\IMISSION 2 SALARIES AND EXPENSES 3 For necessary expenses to carry out the provisions 4 of the Federal Election Campaign Act of 1971, 5 $71,250,000, of which not to exceed $5,000 shall be avail6 able for reception and representation expenses. 7 FEDERAL LABOR RELATIONS AUTHORITY 8 SALARIES .AND EXPENSES 9 For necessary expenses to carry out functions of the 10 Federal Labor Relations Authority, pursuant to Reorga11 nization Plan Numbered 2 of 1978, and the Civil Service 12 Reform Act of 1978, including services authorized by 5 13 U.S.C. 3109, and including hire of experts and consult14 ants, hire of passenger motor vehicles, and including offi- 15 cial reception and representation expenses (not to exceed 16 $1,500) and rental of conference rooms in the District of 17 Columbia and elsewhere, $26,200,000: Provided, That 18 public members of the Federal Service Impasses Panel 19 may be paid travel expenses and per diem in lieu of sub20 sistence as authorized by law (5 U.S.C. 5703) for persons 21 employed intermittently in the Government service, and 22 compensation as authorized by 5 U.S.C. 3109: Provided 23 further, That, notwithstanding 31 U.S.C. 3302, funds re24 ceived from fees charged to non-Federal participants at 25 labor-management relations conferences shall be credited February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 68 1 to and merged with this account, to be available without 2 further appropriation for the costs of carrying out these 3 conferences. 4 FEDERAL TRADE COMMISSION 5 SALARIES AND EXPENSES 6 For necessary expenses of the Federal Trade Com- 7 mission, including uniforms or allowances therefor, as au8 thorized by 5 U.S.C. 5901-5902; services as authorized 9 by 5 U.S.C. 3109; hire of passenger motor vehicles; and 10 not to exceed $2,000 for official reception and representa11 tion expenses, $309,700,000, to remain available until ex- 12 pended: Provided, That not to exceed $300,000 shall be 13 available for use to contract with a person or persons for 14 collection services in accordance with the terms of 31 15 U.S.C. 3718: Provided further, That, notwithstanding any 16 other provision of law, not to exceed $136,000,000 of off- 17 setting collections derived from fees collected for 18 premerger notification filings under the Hart-Scott-Ro19 dino Antitrust Improvements Act of 1976 (15 U.S.C. 20 18a), regardless of the year of collection, shall be retained 21 and used for necessary expenses in this appropriation: 22 Provided further, That, notwithstanding any other provi23 sion of law, not to exceed $17,000,000 in offsetting collec24 tions derived from fees sufficient to implement and enforce 25 the Telemarketing Sales Rule, promulgated under the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 69 1 Telemarketing and Consumer Fraud and Abuse Preven2 tion Act (15 U.S.C. 6101 et seq.), shall be credited to this 3 account, and be retained and used for necessary expenses 4 in this appropriation: Provided further, That the sum here- 5 in appropriated from the general fund shall be reduced 6 as such offsetting collections are received during fiscal 7 year 2019, so as to result in a final fiscal year 2019 appro- 8 priation from the general fund estimated at not more than 9 $156,700,000: Provided further, That none of the funds 10 made available to the Federal Trade Commission may be 11 used to implement subsection (e)(2)(B) of section 43 of 12 the Federal Deposit Insurance Act (12 U.S.C. 1831t). 13 GENERAL SERVICES ADMINISTRATION 14 REAL PROPERTY ACTIVITIES 15 FEDER.AL BUILDINGS FUND 16 Lll\IITATIONS ON AVAIL.ABILITY OF REVENUE 17 (INCLUDING TRANSFERS OF FUNDS) 18 Amounts in the Fund, including revenues and collec- 19 tions deposited into the Fund, shall be available for nec20 essary expenses of real property management and related 21 activities not otherwise provided for, including operation, 22 maintenance, and protection of federally owned and leased 23 buildings; rental of buildings in the District of Columbia; 24 restoration of leased premises; moving governmental agen25 cies (including space adjustments and telecommunications February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 70 1 relocation expenses) in connection with the assignment, al- 2 location, and transfer of space; contractual services inci3 dent to cleaning or servicing buildings, and moving; repair 4 and alteration of federally owned buildings, including 5 grounds, approaches, and appurtenances; care and safe6 guarding of sites; maintenance, preservation, demolition, 7 and equipment; acquisition of buildings and sites by pur- 8 chase, condemnation, or as otherwise authorized by law; 9 acquisition of options to purchase buildings and sites; con10 version and extension of federally owned buildings; pre11 liminary planning and design of projects by contract or 12 otherwise; construction of new buildings (including equip13 ment for such buildings); and payment of principal, inter14 est, and any other obligations for public buildings acquired 15 by installment purchase and purchase contract; in the ag16 gregate amount of $9,285,082,000, of which17 (1) $958,900,000 shall remain available until 18 expended for construction and acquisition (including 19 funds for sites and expenses, and associated design 20 and construction services) as follows: 21 (A) $767,900,000 shall be for the Depart- 22 ment of Transportation Lease Purchase Option, 23 Washington, District of Columbia; 24 (B) $191,000,000 shall be for the Calexico 25 West Land Port of Entry, Calexico, California: February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 71 1 Provided, That each of the foregoing limits of costs 2 on new construction and acquisition projects may be 3 exceeded to the extent that savings are effected in 4 other such projects, but not to exceed 10 percent of 5 the amounts included in a transmitted prospectus, if 6 required, unless advance approval is obtained from 7 the Committees on Appropriations of a greater 8 amount; 9 (2) $663,219,000 shall remam available until 10 expended for repairs and alterations, including asso- 11 ciated design and construction services, of which- 12 (A) $276,837,000 is for Major Repairs and 13 14 15 16 17 Alterations; (B) $356,382,000 is for Basic Repairs and Alterations; and (C) $30,000,000 1s for Special Emphasis Programs for Fire and Life Safety: 18 Provided, That funds made available in this or any 19 previous Act in the Federal Buildings Fund for Re- 20 pairs and Alterations shall, for prospectus projects, 21 be limited to the amount identified for each project, 22 except each project in this or any previous Act may 23 be increased by an amount not to exceed 10 percent 24 unless advance approval is obtained from the Com- 25 mittees on Appropriations of a greater amount: Pro- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 72 1 vided further, That additional projects for which 2 prospectuses have been fully approved may be fund- 3 ed under this category only if advance approval is 4 obtained from the Committees on Appropriations: 5 Provided further, That the amounts provided in this 6 or any prior Act for "Repairs and Alterations" may 7 be used to fund costs associated with implementing 8 security improvements to buildings necessary to 9 meet the minimum standards for security in accord- 10 ance with current law and in compliance with the re- 11 programming guidelines of the appropriate Commit- 12 tees of the House and Senate: Provided further, That 13 the difference between the funds appropriated and 14 expended on any projects in this or any prior Act, 15 under the heading "Repairs and Alterations", may 16 be transferred to Basic Repairs and Alterations or 17 used to fund authorized increases in prospectus 18 projects: Provided further, That the amount provided 19 in this or any prior Act for Basic Repairs and Alter- 20 ations may be used to pay claims against the Gov- 21 ernment arising from any projects under the heading 22 "Repairs and Alterations" or used to fund author- 23 ized increases in prospectus projects; 24 25 February 12, 2019 (12:50 p.m.) (3) $5,418,845,000 for rental of space to remain available until expended; and U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 73 1 (4) $2,244,118,000 for building operations to 2 remain available until expended: Provided, That the 3 total amount of funds made available from this 4 Fund to the General Services Administration shall 5 not be available for expenses of any construction, re- 6 pair, alteration and acquisition project for which a 7 prospectus, if required by 40 U.S.C. 3307(a), has 8 not been approved, except that necessary funds may 9 be expended for each project for required expenses 10 for the development of a proposed prospectus: Pro- 11 vided further, That funds available in the Federal 12 Buildings Fund may be expended for emergency re- 13 pairs when advance approval is obtained from the 14 Committees on Appropriations: Provided further, 15 That amounts necessary to provide reimbursable 16 special services to other agencies under 40 U.S.C. 17 592(b)(2) and amounts to provide such reimbursable 18 fencing, lighting, guard booths, and other facilities 19 on private or other property not in Government own- 20 ership or control as may be appropriate to enable 21 the United States Secret Service to perform its pro- 22 tective functions pursuant to 18 U.S.C. 3056, shall 23 be available from such revenues and collections: Pro- 24 vided further, That revenues and collections and any 25 other sums accruing to this Fund during fiscal year February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 74 1 2019, excluding reimbursements under 40 U.S.C. 2 592(b)(2), 3 obligational authority authorized for Real Property 4 Activities of the Federal Buildings Fund in this Act 5 shall remain in the Fund and shall not be available 6 for expenditure except as authorized in appropria- 7 tions Acts. m excess of the aggregate 8 GENERAL ACTIVITIES 9 GOVERNl\IENT-WIDE POLICY 10 new For expenses authorized by law, not otherwise pro- 11 vided for, for Government-wide policy and evaluation ac12 tivities associated with the management of real and per13 sonal property assets and certain administrative services; 14 Government-wide policy support responsibilities relating to 15 acquisition, travel, motor vehicles, information technology 16 management, and related technology activities; and serv17 ices as authorized by 5 U.S.C. 3109; $60,000,000. 18 19 OPER..~TING EXPENSES For expenses authorized by law, not otherwise pro- 20 vided for, for Government-wide activities associated with 21 utilization and donation of surplus personal property; dis22 posal of real property; agency-wide policy direction, man23 agement, and communications; and services as authorized 24 by 5 U.S.C. 3109; $49,440,000, of which $26,890,000 is 25 for Real and Personal Property Management and Dis- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 75 1 posal; $22,550,000 is for the Office of the Administrator, 2 of which not to exceed $7,500 is for official reception and 3 representation expenses. 4 5 CIVILIAN BOARD OF CONTRACT APPEALS For expenses authorized by law, not otherwise pro- 6 vided for, for the activities associated with the Civilian 7 Board of Contract Appeals, $9,301,000. 8 9 OFFICE OF INSPECTOR GENER.AI.1 For necessary expenses of the Office of Inspector 10 General and service authorized by 5 U.S.C. 3109, 11 $65,000,000: Provided, That not to exceed $50,000 shall 12 be available for payment for information and detection of 13 fraud against the Government, including payment for re14 covery of stolen Government property: Provided further, 15 That not to exceed $2,500 shall be available for awards 16 to employees of other Federal agencies and private citizens 17 in recognition of efforts and initiatives resulting in en18 hanced Office of Inspector General effectiveness. 19 ALLOWANCES AND OFFICE STAFF FOR FORMER 20 PRESIDENTS 21 For carrying out the provisions of the Act of August 22 25, 1958 (3 U.S.C. 102 note), and Public Law 95-138, 23 $4,796,000. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 76 1 FEDERAL CITIZEN SERVICES FUND 2 (INCLUDING TRANSFER OF FUNDS) 3 For necessary expenses of the Office of Products and 4 Programs, including services authorized by 40 U.S.C. 323 5 and 44 U.S.C. 3604; and for necessary expenses in sup6 port of interagency projects that enable the Federal Gov7 ernment to enhance its ability to conduct activities elec8 tronically, through the development and implementation of 9 innovative uses of information technology; $55,000,000, to 10 be deposited into the Federal Citizen Services Fund: Pro- l l vided, That the previous amount may be transferred to 12 Federal agencies to carry out the purpose of the Federal 13 Citizen Services Fund: Provided further, That the appro14 priations, revenues, reimbursements, and collections de- 15 posited into the Fund shall be available until expended for 16 necessary expenses of Federal Citizen Services and other 17 activities that enable the Federal Government to enhance 18 its ability to conduct activities electronically in the aggre19 gate amount not to exceed $100,000,000: Provided fur- 20 ther, That appropriations, revenues, reimbursements, and 21 collections accruing to this Fund during fiscal year 2019 22 in excess of such amount shall remain in the Fund and 23 shall not be available for expenditure except as authorized 24 in appropriations Acts: Provided further, That the transfer February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 77 1 authorities provided herein shall be m addition to any 2 other transfer authority provided in this Act. 3 TECHNOLOGY MODERNIZATION FUND 4 For the Technology Modernization Fund, 5 $25,000,000, to remain available until expended, for tech6 nology-related modernization activities. 7 ASSET PROCEEDS AND SPACE l\LillAGEMENT FUND 8 For carrying out the purposes of the Federal Assets 9 Sale and Transfer Act of 2016 (Public Law 114-287), 10 $25,000,000, to be deposited into the Asset Proceeds and 11 Space Management Fund, to remain available until ex12 pended. 13 ENVIRONMENTAL REVIEW IMPROVEMENT FUND 14 For necessary expenses of the Environmental Review 15 Improvement Fund established pursuant to 42 U.S.C. 16 4370m-8(d), $6,070,000, to remain available until ex17 pended. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 78 1 ADMINISTRATIVE PROVISIONS-GENERAL SERVICES 2 ADMINISTRATION 3 (INCLUDING TRANSFER OF FUNDS) 4 SEC. 520. Funds available to the General Services 5 Administration shall be available for the hire of passenger 6 motor vehicles. 7 SEC. 521. Funds in the Federal Buildings Fund 8 made available for fiscal year 2019 for Federal Buildings 9 Fund activities may be transferred between such activities 10 only to the extent necessary to meet program require11 ments: Provided, That any proposed transfers shall be ap12 proved in advance by the Committees on Appropriations 13 of the House of Representatives and the Senate. 14 SEC. 522. Except as otherwise provided in this title, 15 funds made available by this Act shall be used to transmit 16 a fiscal year 2020 request for United States Courthouse 17 construction only if the request: (1) meets the design guide 18 standards for construction as established and approved by 19 the General Services Administration, the Judicial Con- 20 ference of the United States, and the Office of Manage21 ment and Budget; (2) reflects the priorities of the Judicial 22 Conference of the United States as set out in its approved 23 Courthouse Project Priorities plan; and (3) includes a 24 standardized courtroom utilization study of each facility 25 to be constructed, replaced, or expanded. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 79 1 SEC. 523. None of the funds provided in this Act may 2 be used to increase the amount of occupiable square feet, 3 provide cleaning services, security enhancements, or any 4 other service usually provided through the Federal Build5 ings Fund, to any agency that does not pay the rate per 6 square foot assessment for space and services as deter7 mined by the General Services Administration in consider8 ation of the Public Buildings Amendments Act of 1972 9 (Public Law 92-313). 10 SEC. 524. From funds made available under the 11 heading Federal Buildings Fund, Limitations on Avail12 ability of Revenue, claims against the Government of less 13 than $250,000 arising from direct construction projects 14 and acquisition of buildings may be liquidated from sav- 15 ings effected in other construction projects with prior noti16 fication to the Committees on Appropriations of the House 17 of Representatives and the Senate. 18 SEC. 525. In any case in which the Committee on 19 Transportation and Infrastructure of the House of Rep- 20 resentatives and the Committee on Environment and Pub21 lie Works of the Senate adopt a resolution granting lease 22 authority pursuant to a prospectus transmitted to Con- 23 gress by the Administrator of the General Services Admin24 istration under 40 U.S.C. 3307, the Administrator shall 25 ensure that the delineated area of procurement is identical February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xrnl 80 1 to the delineated area included in the prospectus for all 2 lease agreements, except that, if the Administrator deter3 mines that the delineated area of the procurement should 4 not be identical to the delineated area included in the pro- 5 spectus, the Administrator shall provide an explanatory 6 statement to each of such committees and the Committees 7 on Appropriations of the House of Representatives and the 8 Senate prior to exercising any lease authority provided in 9 the resolution. 10 SEC. 526. With respect to each project funded under 11 the heading "Major Repairs and Alterations" or "Judici- 12 ary Capital Security Program", and with respect to E13 Government projects funded under the heading "Federal 14 Citizen Services Fund", the Administrator of General 15 Services shall submit a spending plan and explanation for 16 each project to be undertaken to the Committees on Ap17 propriations of the House of Representatives and the Sen18 ate not later than 60 days after the date of enactment 19 of this Act. 20 SEC. 527. The Administrator of General Services 21 shall submit a report to the Committees on Appropriations 22 of the Senate and House of Representatives not later than 23 30 days following implementation of the initiative estab24 lished under (c)(2) of Section 846 of the National Defense 25 Authorization Act for Fiscal Year 2018 (Public Law 115- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 81 1 91; 41 U.S.C. 1901 note) containing a market analysis 2 and an implementation strategy related to the require3 ments under subparagraph (h) of Section 846. The report 4 shall address strategies and processes for proper govern- 5 ment safeguards to data management and privacy for in6 corporation into the implementation of Section 846 to en7 sure a competitive environment. 8 HARRY S TRUMAN SCHOLARSHIP FOUNDATION 9 SALARIES .AND EXPENSES 10 For payment to the Harry S Truman Scholarship 11 Foundation Trust Fund, established by section 10 of Pub12 lie Law 93-642, $1,000,000, to remain available until ex13 pended. 14 MERIT SYSTEMS PROTECTION BOARD 15 S.AhillIES AND EXPENSES 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses to carry out functions of the 18 Merit Systems Protection Board pursuant to Reorganiza19 tion Plan Numbered 2 of 1978, the Civil Service Reform 20 Act of 1978, and the Whistleblower Protection Act of 21 1989 (5 U.S.C. 5509 note), including services as author22 ized by 5 U.S.C. 3109, rental of conference rooms in the 23 District of Columbia and elsewhere, hire of passenger 24 motor vehicles, direct procurement of survey printing, and 25 not to exceed $2,000 for official reception and representa- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 82 1 tion expenses, $44,490,000, to remain available until Sep2 tember 30, 2020, and in addition not to exceed 3 $2,345,000, to remain available until September 30, 2020, 4 for administrative expenses to adjudicate retirement ap5 peals to be transferred from the Civil Service Retirement 6 and Disability Fund in amounts determined by the Merit 7 Systems Protection Board. 8 MORRIS K. UDALL AND STEWART L. UDALL 9 FOUNDATION 10 l\IORRIS K. UDALL AND STEWART L. UDALL TRUST FUND 11 (INCLUDING TRANSFER OF FUNDS) 12 For payment to the Morris K. Udall and Stewart L. 13 Udall Trust Fund, pursuant to the Morris K. Udall and 14 Stewart L. Udall Foundation Act (20 U.S.C. 5601 et 15 seq.), $1,875,000, to remain available until expended, of 16 which, notwithstanding sections 8 and 9 of such Act: (1) 17 up to $50,000 shall be used to conduct financial audits 18 pursuant to the Accountability of Tax Dollars Act of 2002 19 (Public Law 107-289); and (2) up to $1,000,000 shall 20 be available to carry out the activities authorized by sec21 tion 6(7) of Public Law 102-259 and section 817(a) of 22 Public Law 106-568 (20 U.S.C. 5604(7)): Provided, That 23 of the total amount made available under this heading 24 $200,000 shall be transferred to the Office of Inspector 25 General of the Department of the Interior, to remain February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 83 1 available until expended, for audits and investigations of 2 the Morris K. Udall and Stewart L. Udall Foundation, 3 consistent with the Inspector General Act of 1978 (5 4 U.S.C. App.). 5 ENVIRONMENTAL DISPUTE RESOLUTION FUND For payment to the Environmental Dispute Resolu- 6 7 tion Fund to carry out activities authorized in the Envi8 ronmental Policy and Conflict Resolution Act of 1998, 9 $3,200,000, to remain available until expended. 10 NATIONAL ARCHIVES AND RECORDS ADMINISTRATION 11 OPERATING EXPENSES 12 For necessary expenses in connection with the admin- 13 istration of the National Archives and Records Adminis14 tration and archived Federal records and related activities, 15 as provided by law, and for expenses necessary for the re16 view and declassification of documents, the activities of 17 the Public Interest Declassification Board, the operations 18 and maintenance of the electronic records archives, the 19 hire of passenger motor vehicles, and for uniforms or al20 lowances therefor, as authorized by law (5 U.S.C. 5901), 21 including maintenance, repairs, and cleaning, 22 $373,000,000. 23 24 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 25 General in carrying out the provisions of the Inspector February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 84 1 General Reform Act of 2008, Public Law 110-409, 122 2 Stat. 4302-16 (2008), and the Inspector General Act of 3 1978 (5 U.S.C. App.), and for the hire of passenger motor 4 vehicles, $4,823,000. 5 REPAIRS AND RESTORATION 6 For the repair, alteration, and improvement of ar- 7 chives facilities, and to provide adequate storage for hold- 8 ings, $7,500,000, to remain available until expended. 9 NATIONAL HISTORIGA.L PUBLICATIONS . A.ND RECORDS 10 COMMISSION 11 GRANTS PROGRAM 12 For necessary expenses for allocations and grants for 13 historical publications and records as authorized by 44 14 U.S.C. 2504, $6,000,000, to remain available until ex15 pended. 16 NATIONAL CREDIT UNION ADMINISTRATION 17 COMMUNITY DEVELOPMENT REYOLVING LOAN FUND 18 For the Community Development Revolving Loan 19 Fund program as authorized by 42 U.S.C. 9812, 9822 20 and 9910, $2,000,000 shall be available until September 21 30, 2020, for technical assistance to low-income des22 ignated credit unions. February 12, 2019 (12:50 p.m.) U :\2019CONF\DivD-FSGG.xml SEN. APPRO. 85 1 OFFICE OF GOVERNMENT ETHICS 2 SALARIES AND EXPENSES 3 For necessary expenses to carry out functions of the 4 Office of Government Ethics pursuant to the Ethics in 5 Government Act of 1978, the Ethics Reform Act of 1989, 6 and the Stop Trading on Congressional Knowledge Act of 7 2012, including services as authorized by 5 U.S.C. 3109, 8 rental of conference rooms in the District of Columbia and 9 elsewhere, hire of passenger motor vehicles, and not to ex- 10 ceed $1,500 for official reception and representation ex11 penses, $17,019,000. 12 OFFICE OF PERSONNEL MANAGEMENT 13 SALARIES AND EXPENSES 14 (INCLUDING TRANSFER OF TRUST FUNDS) 15 For necessary expenses to carry out functions of the 16 Office of Personnel Management (OPM) pursuant to Re17 organization Plan Numbered 2 of 1978 and the Civil Serv- 18 ice Reform Act of 1978, including services as authorized 19 by 5 U.S.C. 3109; medical examinations performed for 20 veterans by private physicians on a fee basis; rental of con- 21 ference rooms in the District of Columbia and elsewhere; 22 hire of passenger motor vehicles; not to exceed $2,500 for 23 official reception and representation expenses; advances 24 for reimbursements to applicable funds of OPM and the 25 Federal Bureau of Investigation for expenses incurred February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 86 1 under Executive Order No. 10422 of January 9, 1953, 2 as amended; and payment of per diem and/or subsistence 3 allowances to employees where Voting Rights Act activities 4 require an employee to remain overnight at his or her post 5 of duty, $132,172,000: Provided, That of the total amount 6 made available under this heading, not to exceed 7 $14,000,000 shall remain available until September 30, 8 2020, for information technology infrastructure mod- 9 ernization and Trust Fund Federal Financial System mi- l O gration or modernization, and shall be in addition to funds 11 otherwise made available for such purposes: Provided fur- 12 ther, That of the total amount made available under this 13 heading, $639,018 may be made available for strength14 ening the capacity and capabilities of the acquisition work15 force (as defined by the Office of Federal Procurement 16 Policy Act, as amended (41 U.S.C. 4001 et seq.)), includ17 ing the recruitment, hiring, training, and retention of such 18 workforce and information technology in support of acqui19 sition workforce effectiveness or for management solutions 20 to improve acquisition management; and in addition 21 $133,483,000 for administrative expenses, to be trans22 ferred from the appropriate trust funds of OPM without 23 regard to other statutes, including direct procurement of 24 printed materials, for the retirement and insurance pro25 grams: Provided further, That the provisions of this appro- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 87 1 priation shall not affect the authority to use applicable 2 trust funds as provided by sections 8348(a)(l)(B), 3 8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 4 5, United States Code: Provided further, That no part of 5 this appropriation shall be available for salaries and ex6 penses of the Legal Examining Unit of OPM established 7 pursuant to Executive Order No. 9358 of July 1, 1943, 8 or any successor unit of like purpose: Provided further, 9 That the President's Commission on White House Fel10 lows, established by Executive Order No. 11183 of Octo11 ber 3, 1964, may, during fiscal year 2019, accept dona- 12 tions of money, property, and personal services: Provided 13 further, That such donations, including those from prior 14 years, may be used for the development of publicity mate- 15 rials to provide information about the White House Fel16 lows, except that no such donations shall be accepted for 17 travel or reimbursement of travel expenses, or for the sala18 ries of employees of such Commission. 19 OFFICE OF INSPECTOR GENERAL 20 SALARIES AND EXPENSES 21 (INCLUDING TRANSFER OF TRUST FUNDS) 22 For necessary expenses of the Office of Inspector 23 General in carrying out the provisions of the Inspector 24 General Act of 1978, including services as authorized by 25 5 U.S.C. February 12, 2019 (12:50 p.m.) 3109, hire of passenger motor vehicles, U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 88 1 $5,000,000, and in addition, not to exceed $25,265,000 2 for administrative expenses to audit, investigate, and pro3 vide other oversight of the Office of Personnel Manage4 ment's retirement and insurance programs, to be trans- 5 ferred from the appropriate trust funds of the Office of 6 Personnel Management, as determined by the Inspector 7 General: Provided, That the Inspector General is author- 8 ized to rent conference rooms in the District of Columbia 9 and elsewhere. 10 OFFICE OF SPECIAL COUNSEL 11 SALARIES .AND EXPENSES 12 For necessary expenses to carry out functions of the 13 Office of Special Counsel pursuant to Reorganization Plan 14 Numbered 2 of 1978, the Civil Service Reform Act of 15 1978 (Public Law 95-454), the Whistleblower Protection 16 Act of 1989 (Public Law 101-12) as amended by Public 17 Law 107-304, the Whistleblower Protection Enhancement 18 Act of 2012 (Public Law 112-199), and the Uniformed 19 Services Employment and Reemployment Rights Act of 20 1994 (Public Law 103-353), including services as author21 ized by 5 U.S.C. 3109, payment of fees and expenses for 22 witnesses, rental of conference rooms in the District of Co23 lumbia and elsewhere, and hire of passenger motor vehi24 cles; $26,535,000. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 89 1 POSTAL REGULATORY COMMISSION 2 SALARIES AND EXPENSES 3 (INCLUDING 4 TR.A1~SFER OF FUNDS) For necessary expenses of the Postal Regulatory 5 Commission in carrying out the provisions of the Postal 6 Accountability and Enhancement Act (Public Law 109- 7 435), $15,200,000, to be derived by transfer from the 8 Postal Service Fund and expended as authorized by sec- 9 tion 603(a) of such Act. 10 PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD 11 SALARIES AND EXPENSES 12 For necessary expenses of the Privacy and Civil Lib- 13 erties Oversight Board, as authorized by section 1061 of 14 the Intelligence Reform and rrerrorism Prevention Act of 15 2004 (42 U.S.C. 2000ee), $5,000,000, to remain available 16 until September 30, 2020. 17 18 19 SECURITIES AND EXCHANGE COMMISSION SAL.ARIES .AND EXPENSES For necessary expenses for the Securities and Ex- 20 change Commission, including services as authorized by 21 5 U.S.C. 3109, the rental of space (to include multiple 22 year leases) in the District of Columbia and elsewhere, and 23 not to exceed $3,500 for official reception and representa24 tion expenses, $1,674,902,000, to remain available until 25 expended; of which not less than $15,206,000 shall be for February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 90 1 the Office of Inspector General; of which not to exceed 2 $75,000 shall be available for a permanent secretariat for 3 the International Organization of Securities Commissions; 4 and of which not to exceed $100,000 shall be available 5 for expenses for consultations and meetings hosted by the 6 Commission with foreign governmental and other regu- 7 latory officials, members of their delegations and staffs to 8 exchange views concerning securities matters, such ex9 penses to include necessary logistic and administrative ex10 penses and the expenses of Commission staff and foreign 11 invitees in attendance including: (1) incidental expenses 12 such as meals; (2) travel and transportation; and (3) re13 lated lodging or subsistence; and of which not less than 14 $75,081,000 shall be for the Division of Economic and 15 Risk Analysis. 16 In addition to the foregoing appropriation, for costs 17 associated with relocation under a replacement lease for 18 the Commission's New York regional office facilities, not 19 to exceed $37,189,000, to remain available until expended: 20 Provided, That for purposes of calculating the fee rate 21 under section 31 (j) of the Securities Exchange Act of 22 1934 (15 U.S.C. 78ee(j)) for fiscal year 2019, all amounts 23 appropriated under this heading shall be deemed to be the 24 regular appropriation to the Commission for fiscal year 25 2019: Provided further, That fees and charges authorized February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 91 1 by section 31 of the Securities Exchange Act of 1934 (15 2 U.S.C. 78ee) shall be credited to this account as offsetting 3 collections: Provided further, That not to exceed 4 $1,674,902,000 of such offsetting collections shall be 5 available until expended for necessary expenses of this ac6 count and not to exceed $37,189,000 of such offsetting 7 collections shall be available until expended for costs under 8 this heading associated with relocation under a replace- 9 ment lease for the Commission's New York regional office 10 facilities: Provided further, That the total amount appro11 priated under this heading from the general fund for fiscal 12 year 2019 shall be reduced as such offsetting fees are re- 13 ceived so as to result in a final total fiscal year 2019 ap14 propriation from the general fund estimated at not more 15 than $0: Provided further, That if any amount of the ap16 propriation for costs associated with relocation under a re17 placement lease for the Commission's New York regional 18 office facilities is subsequently de-obligated by the Com19 mission, such amount that was derived from the general 20 fund shall be returned to the general fund, and such 21 amounts that were derived from fees or assessments col22 lected for such purpose shall be paid to each national secu23 rities exchange and national securities association, respec24 tively, in proportion to any fees or assessments paid by 25 such national securities exchange or national securities as- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 92 1 sociation under section 31 of the Securities Exchange Act 2 of 1934 (15 U.S.C. 78ee) in fiscal year 2019. 3 SELECTIVE SERVICE SYSTEM 4 SALARIES AND EXPENSES 5 For necessary expenses of the Selective Service Sys- 6 tern, including expenses of attendance at meetings and of 7 training for uniformed personnel assigned to the Selective 8 Service System, as authorized by 5 U.S.C. 4101-4118 for 9 civilian employees; hire of passenger motor vehicles; serv10 ices as authorized by 5 U.S.C. 3109; and not to exceed 11 $750 for official reception and representation expenses; 12 $26,000,000: Provided, That during the current fiscal 13 year, the President may exempt this appropriation from 14 the provisions of 31 U.S.C. 1341, whenever the President 15 deems such action to be necessary in the interest of na16 tional defense: Provided further, That none of the funds 17 appropriated by this Act may be expended for or in con18 nection with the induction of any person into the Armed 19 Forces of the United States. 20 SMALL BUSINESS ADMINISTRATION 21 SALARIES AND EXPENSES 22 For necessary expenses, not otherwise provided for, 23 of the Small Business Administration, including hire of 24 passenger motor vehicles as authorized by sections 1343 25 and 1344 of title 31, United States Code, and not to ex- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 93 1 ceed $3,500 for official reception and representation ex2 penses, $267,500,000, of which not less than $12,000,000 3 shall be available for examinations, reviews, and other 4 lender oversight activities: Provided, That the Adminis- 5 trator is authorized to charge fees to cover the cost of pub6 lications developed by the Small Business Administration, 7 and certain loan program activities, including fees author- 8 ized by section 5 (b) of the Small Business Act: Provided 9 further, That, notwithstanding 31 U.S.C. 3302, revenues 10 received from all such activities shall be credited to this 11 account, to remain available until expended, for carrying 12 out these purposes without further appropriations: Pro13 vided further, That the Small Business Administration 14 may accept gifts in an amount not to exceed $4,000,000 15 and may co-sponsor activities, each in accordance with sec16 tion 132(a) of division K of Public Law 108-447, during 17 fiscal year 2019: Provided further, That $6,100,000 shall 18 be available for the Loan Modernization and Accounting 19 System, to be available until September 30, 2020: Pro20 vided further, That $3,000,000 shall be for the Federal 21 and State Technology Partnership Program under section 22 34 of the Small Business Act (15 U.S.C. 657d). 23 24 ENTREPRENEURIAL DKVELOPMENT PROGRAl\IS For necessary expenses of programs supporting en- 25 trepreneurial February 12, 2019 (12:50 p.m.) and small business development, U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 94 1 $247,700,000, to remain available until September 30, 2 2020: Provided, That $131,000,000 shall be available to 3 fund grants for performance in fiscal year 2019 or fiscal 4 year 2020 as authorized by section 21 of the Small Busi- 5 ness Act: Provided further, That $31,000,000 shall be for 6 marketing, management, and technical assistance under 7 section 7(m) of the Small Business Act (15 U.S.C. 8 636(m)( 4)) by intermediaries that make microloans under 9 the microloan program: Provided further, That 10 $18,000,000 shall be available for grants to States to 11 carry out export programs that assist small business con- 12 cerns authorized under section 22(1) of the Small Business 13 Act (15 U.S.C. 649(1)). 14 15 OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector 16 General in carrying out the provisions of the Inspector 17 General Act of 1978, $21,900,000. 18 19 OFFICE OF ADVOCACY For necessary expenses of the Office of Advocacy in 20 carrying out the provisions of title II of Public Law 9421 305 (15 U.S.C. 634a et seq.) and the Regulatory Flex:i22 bility Act of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to 23 remain available until expended. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 95 1 BUSINESS LOANS PROGRAM ACCOUNT 2 (INCLUDING TRANSFER OF FUNDS) 3 For the cost of direct loans, $4,000,000, to remain 4 available until expended: Provided, That such costs, in5 eluding the cost of modifying such loans, shall be as de6 fined in section 502 of the Congressional Budget Act of 7 197 4: Provided further, That subject to section 502 of the 8 Congressional Budget Act of 197 4, during fiscal year 9 2019 commitments to guarantee loans under section 503 10 of the Small Business Investment Act of 1958 shall not 11 exceed $7,500,000,000: Provided further, That during fis12 cal year 2019 commitments for general business loans au13 thorized under section 7 (a) of the Small Business Act 14 shall not exceed $30,000,000,000 for a combination of 15 amortizing term loans and the aggregated maximum line 16 of credit provided by revolving loans: Provided further, 17 That during fiscal year 2019 commitments for loans au18 thorized under subparagraph (C) of section 502(7) of The 19 Small Business Investment Act of 1958 (15 U.S.C. 20 696(7)) shall not exceed $7,500,000,000: Provided further, 21 That during fiscal year 2019 commitments to guarantee 22 loans for debentures under section 303(b) of the Small 23 Business Investment Act of 1958 shall not exceed 24 $4,000,000,000: Provided further, That during fiscal year 25 2019, guarantees of trust certificates authorized by sec- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 96 1 tion 5(g) of the Small Business Act shall not exceed a 2 principal amount of $12,000,000,000. In addition, for ad3 ministrative expenses to carry out the direct and guaran4 teed loan programs, $155,150,000, which may be trans- 5 ferred to and merged with the appropriations for Salaries 6 and Expenses. 7 DISASTER LOANS PROGRAM ACCOUNT 8 (INCLUDING TRANSFERS OF FUNDS) 9 For administrative expenses to carry out the direct 10 loan program authorized by section 7(b) of the Small 11 Business Act, $10,000,000, to be available until expended, 12 of which $1,000,000 is for the Office of Inspector General 13 of the Small Business Administration for audits and re14 views of disaster loans and the disaster loan programs and 15 shall be transferred to and merged with the appropriations 16 for the Office of Inspector General; and of which 17 $9,000,000 is for indirect administrative expenses for the 18 direct loan program, which may be transferred to and 19 merged with the appropriations for Salaries and Expenses. 20 ADMINISTRATIVE PROVISIONS-SMALL BUSINESS 21 ADMINISTRATION 22 (INCLUDING RESCISSION AND TRANSFER OF FUNDS) 23 SEC. 530. Not to exceed 5 percent of any appropria- 24 tion made available for the current fiscal year for the 25 Small Business Administration in this Act may be trans- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 97 1 ferred between such appropriations, but no such appro- 2 priation shall be increased by more than 10 percent by 3 any such transfers: Provided, That any transfer pursuant 4 to this paragraph shall be treated as a reprogramming of 5 funds under section 608 of this Act and shall not be avail6 able for obligation or expenditure except in compliance 7 with the procedures set forth in that section. 8 SEC. 531. Of the unobligated balances from pr10r 9 year appropriations available under the "Business Loans 10 Program Account" heading for the Certified Development 11 Company Program, $50,000,000 are hereby permanently 12 rescinded: Provided, That no amounts may be rescinded 13 under this section from amounts that were designated by 14 the Congress as an emergency requirement pursuant to 15 a concurrent resolution on the budget or the Balanced 16 Budget and Emergency Deficit Control Act of 1985. 17 SEC. 532. Section 12085 of Public Law 110-246 is 18 repealed. 19 SEC. 533. Not to exceed 3 percent of any appropria- 20 tion made available in this Act for the Small Business Ad21 ministration under the headings "Salaries and Expenses" 22 and "Business Loans Program Account" may be trans23 ferred to the Administration's information technology sys24 tern modernization and working capital fund (IT WCF), 25 as authorized by section 1077(b)(l) of title X of division February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 98 1 A of the National Defense Authorization Act for Fiscal 2 Year 2018, for the purposes specified in section 3 1077(b)(3) of such Act, upon the advance approval of the 4 Committees on Appropriations of the House of Represent5 atives and the Senate: Provided, That amounts transferred 6 to the IT WCF under this section shall remain available 7 for obligation through September 30, 2022. 8 UNITED STATES POSTAL SERVICE 9 PAYMENT TO THE POSTAL SERVICE FUND 10 For payment to the Postal Service Fund for revenue 11 forgone on free and reduced rate mail, pursuant to sub12 sections (c) and (d) of section 2401 of title 39, United 13 States Code, $55,235,000: Provided, That mail for over14 seas voting and mail for the blind shall continue to be free: 15 Provided further, That 6-day delivery and rural delivery 16 of mail shall continue at not less than the 1983 level: Pro- 17 vided further, That none of the funds made available to 18 the Postal Service by this Act shall be used to implement 19 any rule, regulation, or policy of charging any officer or 20 employee of any State or local child support enforcement 21 agency, or any individual participating in a State or local 22 program of child support enforcement, a fee for informa23 tion requested or provided concerning an address of a 24 postal customer: Provided further, That none of the funds February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 99 1 provided in this Act shall be used to consolidate or close 2 small rural and other small post offices. 3 OFFICE OF INSPECTOR GENERAL 4 SALARIES AND EXPENSES 5 (INCLUDING TRANSFER OF FUNDS) 6 For necessary expenses of the Office of Inspector 7 General in carrying out the provisions of the Inspector 8 General Act of 1978, $250,000,000, to be derived by 9 transfer from the Postal Service Fund and expended as 10 authorized by section 603(b)(3) of the Postal Account- 11 ability and Enhancement Act (Public Law 109-435). 12 UNITED STATES TAX COURT 13 SALARIES AND EXPENSES 14 For necessary expenses, including contract reporting 15 and other services as authorized by 5 U.S.C. 3109, 16 $51,515,000, of which $500,000 shall remain available 17 until expended: Provided, rrhat travel expenses of the 18 judges shall be paid upon the written certificate of the 19 judge. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 100 1 TITLE VI 2 GENERAL PROVISIONS-THIS ACT 3 SEC. 601. None of the funds in this Act shall be used 4 for the planning or execution of any program to pay the 5 expenses of, or otherwise compensate, non-Federal parties 6 intervening in regulatory or adjudicatory proceedings 7 funded in this Act. 8 SEC. 602. None of the funds appropriated in this Act 9 shall remain available for obligation beyond the current 10 fiscal year, nor may any be transferred to other appropria11 tions, unless expressly so provided herein. 12 SEC. 603. The expenditure of any appropriation 13 under this Act for any consulting service through procure14 ment contract pursuant to 5 U.S.C. 3109, shall be limited 15 to those contracts where such expenditures are a matter 16 of public record and available for public inspection, except 17 where otherwise provided under existing law, or under ex18 isting Executive order issued pursuant to existing law. 19 SEC. 604. None of the funds made available in this 20 Act may be transferred to any department, agency, or in21 strumentality of the United States Government, except 22 pursuant to a transfer made by, or transfer authority pro23 vided in, this Act or any other appropriations Act. 24 SEC. 605. None of the funds made available by this 25 Act shall be available for any activity or for paying the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 101 1 salary of any Government employee where funding an ac2 tivity or paying a salary to a Government employee would 3 result in a decision, determination, rule, regulation, or pol4 icy that would prohibit the enforcement of section 307 of 5 the Tariff Act of 1930 (19 U.S.C. 1307). 6 SEC. 606. No funds appropriated pursuant to this 7 Act may be expended by an entity unless the entity agrees 8 that in expending the assistance the entity will comply 9 with chapter 83 of title 41, United States Code. 10 SEC. 607. No funds appropriated or otherwise made 11 available under this Act shall be made available to any 12 person or entity that has been convicted of violating chap13 ter 83 of title 41, United States Code. 14 SEC. 608. Except as otherwise provided in this Act, 15 none of the funds provided in this Act, provided by pre16 vious appropriations Acts to the agencies or entities fund17 ed in this Act that remain available for obligation or ex18 penditure in fiscal year 2019, or provided from any ac19 counts in the Treasury derived by the collection of fees 20 and available to the agencies funded by this Act, shall be 21 available for obligation or expenditure through a re22 programming of funds that: (1) creates a new program; 23 (2) eliminates a program, project, or activity; (3) increases 24 funds or personnel for any program, project, or activity 25 for which funds have been denied or restricted by the Con- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 102 1 gress; (4) proposes to use funds directed for a specific ac2 tivity by the Committee on Appropriations of either the 3 House of Representatives or the Senate for a different 4 purpose; (5) augments existing programs, projects, or ac5 tivities in excess of $5,000,000 or 10 percent, whichever 6 is less; (6) reduces existing programs, projects, or activi7 ties by $5,000,000 or 10 percent, whichever is less; or (7) 8 creates or reorganizes offices, programs, or activities un9 less prior approval is received from the Committees on Ap10 propriations of the House of Representatives and the Sen- 11 ate: Provided, That prior to any significant reorganization, 12 restructuring, relocation, or closing of offices, programs, 13 or activities, each agency or entity funded in this Act shall 14 consult with the Committees on Appropriations of the 15 House of Representatives and the Senate: Provided fur16 ther, That not later than 60 days after the date of enact17 ment of this Act, each agency funded by this Act shall 18 submit a report to the Committees on Appropriations of 19 the House of Representatives and the Senate to establish 20 the baseline for application of reprogramming and trans21 fer authorities for the current fiscal year: Provided further, 22 That at a minimum the report shall include: (1) a table 23 for each appropriation with a separate column to display 24 the President's budget request, adjustments made by Con25 gress, adjustments due to enacted rescissions, if appro- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 103 1 priate, and the fiscal year enacted level; (2) a delineation 2 in the table for each appropriation both by object class 3 and program, project, and activity as detailed in the budg4 et appendix for the respective appropriation; and (3) an 5 identification of items of special congressional interest: 6 Provided further, That the amount appropriated or limited 7 for salaries and expenses for an agency shall be reduced 8 by $100,000 per day for each day after the required date 9 that the report has not been submitted to the Congress. 10 SEC. 609. Except as otherwise specifically provided 11 by law, not to exceed 50 percent of unobligated balances 12 remaining available at the end of fiscal year 2019 from 13 appropriations made available for salaries and expenses 14 for fiscal year 2019 in this Act, shall remain available 15 through September 30, 2020, for each such account for 16 the purposes authorized: Provided, That a request shall 17 be submitted to the Committees on Appropriations of the 18 House of Representatives and the Senate for approval 19 prior to the expenditure of such funds: Provided further, 20 That these requests shall be made in compliance with re21 programming guidelines. 22 SEC. 610. (a) None of the funds made available in 23 this Act may be used by the Executive Office of the Presi24 dent to request- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 104 1 ( 1) any official background investigation report 2 on any individual from the Federal Bureau of Inves- 3 tigation; or 4 (2) a determination with respect to the treat- s ment of an organization as described in section 6 50l(c) of the Internal Revenue Code of 1986 and 7 exempt from taxation under section 501(a) of such 8 Code from the Department of the Treasury or the 9 Internal Revenue Service. 10 (b) Subsection (a) shall not apply- 11 ( 1) in the case of an official background inves- 12 tigation report, if such individual has given express 13 written consent for such request not more than 6 14 months prior to the date of such request and during 15 the same presidential administration; or 16 (2) if such request is required due to extraor- 17 dinary circumstances involving national security. 18 SEC. 611. The cost accounting standards promul- 19 gated under chapter 15 of title 41, United States Code 20 shall not apply with respect to a contract under the Fed21 eral Employees Health Benefits Program established 22 under chapter 89 of title 5, United States Code. 23 SEC. 612. For the purpose of resolving litigation and 24 implementing any settlement agreements regarding the 25 nonforeign area cost-of-living allowance program, the Of- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 105 1 fice of Personnel Management may accept and utilize 2 (without regard to any restriction on unanticipated travel 3 expenses imposed in an Appropriations Act) funds made 4 available to the Office of Personnel Management pursuant 5 to court approval. 6 SEC. 613. No funds appropriated by this Act shall 7 be available to pay for an abortion, or the administrative 8 expenses in connection with any health plan under the 9 Federal employees health benefits program which provides 10 any benefits or coverage for abortions. 11 SEC. 614. The provision of section 613 shall not 12 apply where the life of the mother would be endangered 13 if the fetus were carried to term, or the pregnancy is the 14 result of an act of rape or incest. 15 SEC. 615. In order to promote Government access to 16 commercial information technology, the restriction on pur17 chasing nondomestic articles, materials, and supplies set 18 forth in chapter 83 of title 41, United States Code (popu19 larly known as the Buy American Act), shall not apply 20 to the acquisition by the Federal Government of informa21 tion technology (as defined in section 11101 of title 40, 22 United States Code), that is a commercial item (as defined 23 in section 103 of title 41, United States Code). 24 SEC. 616. Notwithstanding section 1353 of title 31, 25 United States Code, no officer or employee of any regu- February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 106 1 latory agency or commission funded by this Act may ac2 cept on behalf of that agency, nor may such agency or 3 commission accept, payment or reimbursement from a 4 non-Federal entity for travel, subsistence, or related ex- 5 penses for the purpose of enabling an officer or employee 6 to attend and participate in any meeting or similar func7 tion relating to the official duties of the officer or em- 8 ployee when the entity offering payment or reimbursement 9 is a person or entity subject to regulation by such agency 10 or commission, or represents a person or entity subject 11 to regulation by such agency or commission, unless the 12 person or entity is an organization described in section 13 50l(c)(3) of the Internal Revenue Code of 1986 and ex14 empt from tax under section 50l(a) of such Code. 15 SEC. 617. Notwithstanding section 708 of this Act, 16 funds made available to the Commodity Futures Trading 17 Commission and the Securities and Exchange Commission 18 by this or any other Act may be used for the interagency 19 funding and sponsorship of a joint advisory committee to 20 advise on emerging regulatory issues. 21 SEC. 618. (a)(l) Notwithstanding any other provision 22 of law, an Executive agency covered by this Act otherwise 23 authorized to enter into contracts for either leases or the 24 construction or alteration of real property for office, meet25 ing, storage, or other space must consult with the General February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 107 1 Services Administration before issuing a solicitation for of2 fers of new leases or construction contracts, and in the 3 case of succeeding leases, before entering into negotiations 4 with the current lessor. 5 (2) Any such agency with authority to enter into an 6 emergency lease may do so during any period declared by 7 the President to require emergency leasing authority with 8 respect to such agency. 9 (b) For purposes of this section, the term "Executive 10 agency covered by this Act" means any Executive agency 11 provided funds by this Act, but does not include the Gen12 eral Services Administration or the United States Postal 13 Service. 14 SEC. 619. (a) There are appropriated for the fol- 15 lowing activities the amounts required under current law: 16 17 18 19 20 21 22 (1) Compensation of the President (3 U.S.C. 102). (2) Payments to(A) the Judicial Officers' Retirement Fund (28 U.S.C. 377(0)); (B) the Judicial Survivors' Annuities Fund (28 U.S.C. 376(c)); and 23 (C) the United States Court of Federal 24 Claims Judges' Retirement Fund (28 U.S.C. 25 178(1) ). February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 108 1 (3) Payment of Government contributions- 2 (A) with respect to the health benefits of 3 retired employees, as authorized by chapter 89 4 of title 5, United States Code, and the Retired 5 Federal Employees Health Benefits Act ( 7 4 6 Stat. 849); and 7 (B) with respect to the life insurance bene- 8 fits for employees retiring after December 31, 9 1989 (5 U.S.C. ch. 87). 10 (4) Payment to finance the unfunded liability of 11 new and increased annuity benefits under the Civil 12 Service Retirement and Disability Fund (5 U.S.C. 13 8348). 14 (5) Payment of annuities authorized to be paid 15 from the Civil Service Retirement and Disability 16 Fund by statutory provisions other than subchapter 17 III of chapter 83 or chapter 84 of title 5, United 18 States Code. 19 (b) Nothing in this section may be construed to ex- 20 empt any amount appropriated by this section from any 21 otherwise applicable limitation on the use of funds con22 tained in this Act. 23 SEC. 620. In addition to amounts made available in 24 prior fiscal years, the Public Company Accounting Over25 sight Board (Board) shall have authority to obligate funds February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 109 1 for the scholarship program established by section 2 109(c)(2) of the Sarbanes-Oxley Act of 2002 (Public Law 3 107-204) in an aggregate amount not exceeding the 4 amount of funds collected by the Board between January 5 1, 2018 and December 31, 2018, including accrued inter6 est, as a result of the assessment of monetary penalties. 7 Funds available for obligation in fiscal year 2019 shall re8 mam available until expended. Beginning in fiscal year 9 2020 and for each fiscal year thereafter, monetary pen10 alties collected pursuant to 15 U.S.C. 7215 shall be depos11 ited in the Public Company Accounting Oversight Board 12 account as discretionary offsetting receipts. 13 SEC. 621. None of the funds made available in this 14 Act may be used by the Federal Trade Commission to 15 complete the draft report entitled "Interagency Working 16 Group on Food Marketed to Children: Preliminary Pro17 posed Nutrition Principles to Guide Industry Self-Regu18 latory Efforts" unless the Interagency Working Group on 19 Food Marketed to Children complies with Executive Order 20 No. 13563. 21 SEC. 622. None of the funds in this Act may be used 22 for the Director of the Office of Personnel Management 23 to award a contract, enter an extension of, or exercise an 24 option on a contract to a contractor conducting the final 25 quality review processes for background investigation February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 110 1 fieldwork services or background investigation support 2 services that, as of the date of the award of the contract, 3 are being conducted by that contractor. 4 SEC. 623. (a) The head of each executive branch 5 agency funded by this Act shall ensure that the Chief In6 formation Officer of the agency has the authority to par- 7 ticipate in decisions regarding the budget planning process 8 related to information technology. 9 (b) Amounts appropriated for any executive branch 10 agency funded by this Act that are available for informa11 tion technology shall be allocated within the agency, con- 12 sistent with the provisions of appropriations Acts and 13 budget guidelines and recommendations from the Director 14 of the Office of Management and Budget, in such manner 15 as specified by, or approved by, the Chief Information Of16 ficer of the agency in consultation with the Chief Financial 17 Officer of the agency and budget officials. 18 SEC. 624. None of the funds made available in this 19 Act may be used in contravention of chapter 29, 31, or 20 33 of title 44, United States Code. 21 SEC. 625. None of the funds made available in this 22 Act may be used by a governmental entity to require the 23 disclosure by a provider of electronic communication serv24 ice to the public or remote computing service of the con25 tents of a wire or electronic communication that is in elec- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 111 1 tronic storage with the provider (as such terms are defined 2 in sections 2510 and 2711 of title 18, United States Code) 3 in a manner that violates the Fourth Amendment to the 4 Constitution of the United States. 5 SEC. 626. None of the funds appropriated by this Act 6 may be used by the Federal Communications Commission 7 to modify, amend, or change the rules or regulations of 8 the Commission for universal service high-cost support for 9 competitive eligible telecommunications carriers in a way 10 that is inconsistent with paragraph (e)(5) or (e)(6) of sec11 tion 54.307 of title 4 7, Code of Federal Regulations, as 12 in effect on July 15, 2015: Provided, That this section 13 shall not prohibit the Commission from considering, devel14 oping, or adopting other support mechanisms as an alter15 native to Mobility Fund Phase II. 16 SEC. 627. No funds provided in this Act shall be used 17 to deny an Inspector General funded under this Act timely 18 access to any records, documents, or other materials avail19 able to the department or agency over which that Inspec20 tor General has responsibilities under the Inspector Gen21 eral Act of 1978, or to prevent or impede that Inspector 22 General's access to such records, documents, or other ma23 terials, under any provision of law, except a provision of 24 law that expressly refers to the Inspector General and ex25 pressly limits the Inspector General's right of access. A February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 112 1 department or agency covered by this section shall provide 2 its Inspector General with access to all such records, docu3 ments, and other materials in a timely manner. Each In4 spector General shall ensure compliance with statutory 5 limitations on disclosure relevant to the information pro6 vided by the establishment over which that Inspector Gen- 7 eral has responsibilities under the Inspector General Act 8 of 1978. Each Inspector General covered by this section 9 shall report to the Committees on Appropriations of the 10 House of Representatives and the Senate within 5 cal11 endar days any failures to comply with this requirement. 12 SEC. 628. (a) None of the funds made available in 13 this Act may be used to maintain or establish a computer 14 network unless such network blocks the viewmg, 15 downloading, and exchanging of pornography. 16 (b) Nothing in subsection (a) shall limit the use of 17 funds necessary for any Federal, State, tribal, or local law 18 enforcement agency or any other entity carrying out crimi19 nal investigations, prosecution, adjudication activities, or 20 other law enforcement- or victim assistance-related activ21 ity. 22 SEC. 629. None of the funds made available by this 23 Act shall be used by the Securities and Exchange Commis24 sion to finalize, issue, or implement any rule, regulation, 25 or order regarding the disclosure of political contributions, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 113 1 contributions to tax exempt organizations, or dues paid 2 to trade associations. 3 SEC. 630. None of the funds appropriated or other- 4 wise made available by this Act may be used to pay award 5 or incentive fees for contractors whose performance has 6 been judged to be below satisfactory, behind schedule, over 7 budget, or has failed to meet the basic requirements of 8 a contract, unless the Agency determines that any such 9 deviations are due to unforeseeable events, government10 driven scope changes, or are not significant within the 11 overall scope of the project and/or program and unless 12 such awards or incentive fees are consistent with 13 16.401(e)(2) of the FAR. 14 SEC. 631. (a) None of the funds made available under 15 this Act may be used to pay for travel and conference ac16 tivities that result in a total cost to an Executive branch 17 department, agency, board or commission of more than 18 $500,000 at any single conference unless the agency or 19 entity determines that such attendance is in the national 20 interest and advance notice is transmitted to the Commit- 21 tees on Appropriations of the House of Representatives 22 and the Senate that includes the basis of that determina23 tion. 24 (b) None of the funds made available under this Act 25 may be used to pay for the travel to or attendance of more February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 114 1 than 50 employees, who are stationed in the United 2 States, at any single conference occurring outside the 3 United States unless the agency or entity determines that 4 such attendance is in the national interest and advance 5 notice is transmitted to the Committees on Appropriations 6 of the House of Representatives and the Senate that in7 eludes the basis of that determination. 8 SEC. 632. None of the funds made available by this 9 Act may be used for first-class or business-class travel by 10 the employees of executive branch agencies funded by this 11 Act in contravention of sections 301-10.122 through 301- 12 10.125 of title 41, Code of Federal Regulations. 13 SEC. 633. In addition to any amounts appropriated 14 or otherwise made available for expenses related to en- 15 hancements to www.oversight.gov, $2,000,000, to remain 16 available until expended, shall be provided for an addi- 17 tional amount for such purpose to the Inspectors General 18 Council Fund (Fund) established pursuant to Section 19 ll(c)(3)(B) of the Inspector General Act of 1978 (5 20 U.S.C. App.), as amended: Provided, That these amounts 21 shall be in addition to any amounts or any authority avail22 able to the Council of the Inspectors General on Integrity 23 and Efficiency under section 11 of the Inspector General 24 Act of 1978 (5 U.S.C. App.), as amended. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 115 1 TITLE VII 2 GENERAL PROVISIONS-GOVERNMENT-WIDE 3 DEPARTMENTS, AGENCIES, .AND CORPORATIONS 4 (INCLUDING TRANSFER OF FUNDS) 5 SEC. 701. No department, agency, or instrumentality 6 of the United States receiving appropriated funds under 7 this or any other Act for fiscal year 2019 shall obligate 8 or expend any such funds, unless such department, agen9 cy, or instrumentality has in place, and will continue to 10 administer in good faith, a written policy designed to en11 sure that all of its workplaces are free from the illegal 12 use, possession, or distribution of controlled substances 13 (as defined in the Controlled Substances Act (21 U.S.C. 14 802)) by the officers and employees of such department, 15 agency, or instrumentality. 16 SEC. 702. Unless otherwise specifically provided, the 17 maximum amount allowable during the current fiscal year 18 in accordance with subsection 1343(c) of title 31, United 19 States Code, for the purchase of any passenger motor ve20 hicle (exclusive of buses, ambulances, law enforcement ve21 hicles, protective vehicles, and undercover surveillance ve22 hicles), is hereby fixed at $19,947 except station wagons 23 for which the maximum shall be $19,997: Provided, That 24 these limits may be exceeded by not to exceed $7,250 for 25 police-type vehicles: Provided further, That the limits set February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 116 1 forth in this section may not be exceeded by more than 2 5 percent for electric or hybrid vehicles purchased for 3 demonstration under the provisions of the Electric and 4 Hybrid Vehicle Research, Development, and Demonstra- 5 tion Act of 1976: Provided further, That the limits set 6 forth in this section may be exceeded by the incremental 7 cost of clean alternative fuels vehicles acquired pursuant 8 to Public Law 101-549 over the cost of comparable con9 ventionally fueled vehicles: Provided further, That the lim10 its set forth in this section shall not apply to any vehicle 11 that is a commercial item and which operates on alter12 native fuel, including but not limited to electric, plug-in 13 hybrid electric, and hydrogen fuel cell vehicles. 14 SEC. 703. Appropriations of the executive depart- 15 ments and independent establishments for the current fis16 cal year available for expenses of travel, or for the ex17 penses of the activity concerned, are hereby made available 18 for quarters allowances and cost-of-living allowances, in 19 accordance with 5 U.S.C. 5922-5924. 20 SEC. 704. Unless otherwise specified in law during 21 the current fiscal year, no part of any appropriation con22 tained in this or any other Act shall be used to pay the 23 compensation of any officer or employee of the Govern24 ment of the United States (including any agency the ma25 jority of the stock of which is owned by the Government February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 117 1 of the United States) whose post of duty is in the conti2 nental United States unless such person: (1) is a citizen 3 of the United States; (2) is a person who is lawfully admit4 ted for permanent residence and is seeking citizenship as 5 outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who 6 is admitted as a refugee under 8 U.S.C. 1157 or is grant7 ed asylum under 8 U.S.C. 1158 and has filed a declaration 8 of intention to become a lawful permanent resident and 9 then a citizen when eligible; or (4) is a person who owes 10 allegiance to the United States: Provided, That for pur11 poses of this section, affidavits signed by any such person 12 shall be considered prima facie evidence that the require13 ments of this section with respect to his or her status are 14 being complied with: Provided further, That for purposes 15 of subsections (2) and (3) such affidavits shall be sub16 mitted prior to employment and updated thereafter as nec17 essary: Provided further, That any person making a false 18 affidavit shall be guilty of a felony, and upon conviction, 19 · shall be fined no more than $4,000 or imprisoned for not 20 more than 1 year, or both: Provided further, That the 21 above penal clause shall be in addition to, and not in sub22 stitution for, any other provisions of existing law: Provided 23 further, That any payment made to any officer or em24 ployee contrary to the provisions of this section shall be 25 recoverable in action by the Federal Government: Provided February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 118 l further, That this section shall not apply to any person 2 who is an officer or employee of the Government of the 3 United States on the date of enactment of this Act, or 4 to international broadcasters employed by the Broad- 5 casting Board of Governors, or to temporary employment 6 of translators, or to temporary employment in the field 7 service (not to exceed 60 days) as a result of emergencies: 8 Provided further, That this section does not apply to the 9 employment as Wildland firefighters for not more than 10 120 days of nonresident aliens employed by the Depart11 ment of the Interior or the USDA Forest Service pursuant 12 to an agreement with another country. 13 SEC. 705. Appropriations available to any depart- 14 ment or agency during the current fiscal year for nec15 essary expenses, including maintenance or operating ex16 penses, shall also be available for payment to the General 17 Services Administration for charges for space and services 18 and those expenses of renovation and alteration of build19 ings and facilities which constitute public improvements 20 performed in accordance with the Public Buildings Act of 21 1959 (73 Stat. 479), the Public Buildings Amendments 22 of 1972 (86 Stat. 216), or other applicable law. 23 SEC. 706. In addition to funds provided in this or 24 any other Act, all Federal agencies are authorized to re25 ceive and use funds resulting from the sale of materials, February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 119 1 including Federal records disposed of pursuant to a 2 records schedule recovered through recycling or waste pre3 vention programs. Such funds shall be available until ex4 pended for the following purposes: 5 ( 1) Acquisition, waste reduction and prevention, 6 and recycling programs as described in Executive 7 Order No. 13693 (March 19, 2015), including any 8 such programs adopted prior to the effective date of 9 the Executive order. 10 (2) Other Federal agency environmental man- 11 agement programs, including, but not limited to, the 12 development and implementation of hazardous waste 13 management and pollution prevention programs. 14 (3) Other employee programs as authorized by 15 law or as deemed appropriate by the head of the 16 Federal agency. 17 SEC. 707. Funds made available by this or any other 18 Act for administrative expenses in the current fiscal year 19 of the corporations and agencies subject to chapter 91 of 20 title 31, United States Code, shall be available, in addition 21 to objects for which such funds are otherwise available, 22 for rent in the District of Columbia; services in accordance 23 with 5 U.S.C. 3109; and the objects specified under this 24 head, all the provisions of which shall be applicable to the 25 expenditure of such funds unless otherwise specified in the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 120 1 Act by which they are made available: Provided, That in 2 the event any functions budgeted as administrative ex- 3 penses are subsequently transferred to or paid from other 4 funds, the limitations on administrative expenses shall be 5 correspondingly reduced. 6 SEC. 708. No part of any appropriation contained in 7 this or any other Act shall be available for interagency 8 financing of boards (except Federal Executive Boards), 9 commissions, councils, committees, or similar groups 10 (whether or not they are interagency entities) which do 11 not have a prior and specific statutory approval to receive 12 financial support from more than one agency or instru13 mentality. 14 SEC. 709. None of the funds made available pursuant 15 to the provisions of this or any other Act shall be used 16 to implement, administer, or enforce any regulation which 17 has been disapproved pursuant to a joint resolution duly 18 adopted in accordance with the applicable law of the 19 United States. 20 SEC. 710. During the period in which the head of 21 any department or agency, or any other officer or civilian 22 employee of the Federal Government appointed by the 23 President of the United States, holds office, no funds may 24 be obligated or expended in excess of $5,000 to furnish 25 or redecorate the office of such department head, agency February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 121 1 head, officer, or employee, or to purchase furniture or 2 make improvements for any such office, unless advance 3 notice of such furnishing or redecoration is transmitted 4 to the Committees on Appropriations of the House of Rep5 resentatives and the Senate. For the purposes of this sec6 tion, the term "office" shall include the entire suite of of- 7 fices assigned to the individual, as well as any other space 8 used primarily by the individual or the use of which is 9 directly controlled by the individual. 10 SEC. 711. Notwithstanding 31 U.S.C. 1346, or sec- 11 tion 708 of this Act, funds made available for the current 12 fiscal year by this or any other Act shall be available for 13 the interagency funding of national security and emer14 gency preparedness telecommunications initiatives which 15 benefit multiple Federal departments, agencies, or enti16 ties, as provided by Executive Order No. 13618 (July 6, 17 2012). 18 SEC. 712. (a) None of the funds made available by 19 this or any other Act may be obligated or expended by 20 any department, agency, or other instrumentality of the 21 Federal Government to pay the salaries or expenses of any 22 individual appointed to a position of a confidential or pol23 icy-determining character that is excepted from the com24 petitive service under section 3302 of title 5, United 25 States Code, (pursuant to schedule C of subpart C of part February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 122 1 213 of title 5 of the Code of Federal Regulations) unless 2 the head of the applicable department, agency, or other 3 instrumentality employing such schedule C individual cer4 tifies to the Director of the Office of Personnel Manage- 5 ment that the schedule C position occupied by the indi6 vidual was not created solely or primarily in order to detail 7 the individual to the White House. 8 (b) The provisions of this section shall not apply to 9 Federal employees or members of the armed forces de10 tailed to or from an element of the intelligence community 11 (as that term is defined under section 3( 4) of the National 12 Security Act of 1947 (50 U.S.C. 3003(4))). 13 SEC. 713. No part of any appropriation contained in 14 this or any other Act shall be available for the payment 15 of the salary of any officer or employee of the Federal 16 Government, who17 (1) prohibits or prevents, or attempts or threat- 18 ens to prohibit or prevent, any other officer or em- 19 ployee of the Federal Government from having any 20 direct oral or written communication or contact with 21 any Member, committee, or subcommittee of the 22 Congress in connection with any matter pertaining 23 to the employment of such other officer or employee 24 or pertaining to the department or agency of such 25 other officer or employee in any way, irrespective of February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 123 1 whether such communication or contact is at the ini- 2 tiative of such other officer or employee or in re- 3 sponse to the request or inquiry of such Member, 4 committee, or subcommittee; or 5 (2) removes, suspends from duty without pay, 6 demotes, reduces in rank, seniority, status, pay, or 7 performance or efficiency rating, denies promotion 8 to, relocates, reassigns, transfers, disciplines, or dis- 9 criminates in regard to any employment right, enti- 10 tlement, or benefit, or any term or condition of em- 11 ployment of, any other officer or employee of the 12 Federal Government, or attempts or threatens to 13 commit any of the foregoing actions with respect to 14 such other officer or employee, by reason of any 15 communication or contact of such other officer or 16 employee with any Member, committee, or sub- 17 committee of the Congress as described in paragraph 18 (1). 19 SEC. 714. (a) None of the funds made available in 20 this or any other Act may be obligated or expended for 21 any employee training that- 22 (1) does not meet identified needs for knowl- 23 edge, skills, and abilities bearing directly upon the 24 performance of official duties; February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 124 1 (2) contains elements likely to induce high lev- 2 els of emotional response or psychological stress in 3 some participants; 4 (3) does not require prior employee notification 5 of the content and methods to be used in the train- 6 ing and written end of course evaluation; 7 (4) contains any methods or content associated 8 with religious or quasi-religious belief systems or 9 "new age" belief systems as defined in Equal Em- 10 ployment Opportunity Commission 11 915.022, dated September 2, 1988; or Notice N- 12 (5) is offensive to, or designed to change, par- 13 ticipants' personal values or lifestyle outside the 14 workplace. 15 (b) Nothing in this section shall prohibit, restrict, or 16 otherwise preclude an agency from conducting training 17 bearing directly upon the performance of official duties. 18 SEC. 715. No part of any funds appropriated in this 19 or any other Act shall be used by an agency of the execu20 tive branch, other than for normal and recognized execu21 tive-legislative relationships, for publicity or propaganda 22 purposes, and for the preparation, distribution or use of 23 any kit, pamphlet, booklet, publication, radio, television, 24 or film presentation designed to support or defeat legisla- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 125 1 tion pending before the Congress, except in presentation 2 to the Congress itself. 3 SEC. 716. None of the funds appropriated by this or 4 any other Act may be used by an agency to provide a Fed- 5 eral employee's home address to any labor organization 6 except when the employee has authorized such disclosure 7 or when such disclosure has been ordered by a court of 8 competent jurisdiction. 9 SEC. 717. None of the funds made available in this 10 or any other Act may be used to provide any non-public 11 information such as mailing, telephone or electronic mail12 ing lists to any person or any organization outside of the 13 Federal Government without the approval of the Commit14 tees on Appropriations of the House of Representatives 15 and the Senate. 16 SEC. 718. No part of any appropriation contained in 17 this or any other Act shall be used directly or indirectly, 18 including by private contractor, for publicity or propa19 ganda purposes within the United States not heretofore 20 authorized by Congress. 21 SEC. 719. (a) In this section, the term "agency"- 22 (1) means an Executive agency, as defined 23 under 5 U.S.C. 105; and 24 (2) includes a military department, as defined 25 under section 102 of such title, the United States February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 126 1 Postal Service, and the Postal Regulatory Commis- 2 SlOn. 3 (b) Unless authorized in accordance with law or regu- 4 lations to use such time for other purposes, an employee 5 of an agency shall use official time in an honest effort 6 to perform official duties. An employee not under a leave 7 system, including a Presidential appointee exempted under 8 5 U.S.C. 6301(2), has an obligation to expend an honest 9 effort and a reasonable proportion of such employee's time 10 in the performance of official duties. 11 SEC. 720. Notwithstanding 31 U.S.C. 1346 and sec- 12 tion 708 of this Act, funds made available for the current 13 fiscal year by this or any other Act to any department 14 or agency, which is a member of the Federal Accounting 15 Standards Advisory Board (FASAB), shall be available to 16 finance an appropriate share of FASAB administrative 17 costs. 18 SEC. 721. Notwithstanding 31 U.S.C. 1346 and sec- 19 tion 708 of this Act, the head of each Executive depart- 20 ment and agency is hereby authorized to transfer to or 21 reimburse ''General Services Administration, Government22 wide Policy" with the approval of the Director of the Of- 23 fice of Management and Budget, funds made available for 24 the current fiscal year by this or any other Act, including 25 rebates from charge card and other contracts: Provided, February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 127 1 That these funds shall be administered by the Adminis2 trator of General Services to support Government-wide 3 and other multi-agency financial, information technology, 4 procurement, and other management innovations, initia- 5 tives, and activities, including improving coordination and 6 reducing duplication, as approved by the Director of the 7 Office of Management and Budget, in consultation with 8 the appropriate interagency and multi-agency groups des- 9 ignated by the Director (including the President's Man10 agement Council for overall management improvement ini11 tiatives, the Chief Financial Officers Council for financial 12 management initiatives, the Chief Information Officers 13 Council for information technology initiatives, the Chief 14 Human Capital Officers Council for human capital initia- 15 tives, the Chief Acquisition Officers Council for procure16 ment initiatives, and the Performance Improvement Coun- 17 cil for performance improvement initiatives): Providedfur- 18 ther, That the total funds transferred or reimbursed shall 19 not exceed $15,000,000 to improve coordination, reduce 20 duplication, and for other activities related to Federal 21 Government Priority Goals established by 31 U.S.C. 1120, 22 and not to exceed $17,000,000 for Government-Wide inno23 vations, initiatives, and activities: Provided further, That 24 the funds transferred to or for reimbursement of "General 25 Services Administration, Government-wide Policy" during February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 128 1 fiscal year 2019 shall remam available for obligation 2 through September 30, 2020: Provided further, That such 3 transfers or reimbursements may only be made after 15 4 days following notification of the Committees on Appro- 5 priations of the House of Representatives and the Senate 6 by the Director of the Office of Management and Budget. 7 SEC. 722. Notwithstanding any other provision of 8 law, a woman may breastfeed her child at any location 9 in a Federal building or on Federal property, if the woman 10 and her child are otherwise authorized to be present at 11 the location. 12 SEC. 723. Notwithstanding 31 U.S.C. 1346, or sec- 13 tion 708 of this Act, funds made available for the current 14 fiscal year by this or any other Act shall be available for 15 the interagency funding of specific projects, workshops, 16 studies, and similar efforts to carry out the purposes of 17 the National Science and Technology Council (authorized 18 by Executive Order No. 12881), which benefit multiple 19 Federal departments, agencies, or entities: Provided, That 20 the Office of Management and Budget shall provide a re- 21 port describing the budget of and resources connected with 22 the National Science and Technology Council to the Com23 mittees on Appropriations, the House Committee on 24 Science and Technology, and the Senate Committee on February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 129 1 Commerce, Science, and Transportation 90 days after en2 actment of this Act. 3 SEC. 724. Any request for proposals, solicitation, 4 grant application, form, notification, press release, or 5 other publications involving the distribution of Federal 6 funds shall comply with any relevant requirements in part 7 200 of title 2, Code of Federal Regulations: Provided, 8 That this section shall apply to direct payments, formula 9 funds, and grants received by a State receiving Federal 10 funds. 11 SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY 12 MONITORING OF INDIVIDUALS' INTERNET USE.-None of 13 the funds made available in this or any other Act may 14 be used by any Federal agency15 (1) to collect, review, or create any aggregation 16 of data, derived from any means, that includes any 17 personally identifiable information relating to an in- 18 dividual's access to or use of any Federal Govern- 19 ment Internet site of the agency; or 20 (2) to enter into any agreement with a third 21 party (including another government agency) to col- 22 lect, review, or obtain any aggregation of data, de- 23 rived from any means, that includes any personally 24 identifiable information relating to an individual's February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 130 1 access to or use of any nongovernmental Internet 2 site. 3 (b) EXCEPTIONS.-The limitations established m 4 subsection (a) shall not apply to5 6 7 8 (1) any record of aggregate data that does not identify particular persons; (2) any voluntary submission of personally identifiable information; 9 (3) any action taken for law enforcement, regu- 10 latory, or supervisory purposes, in accordance with 11 applicable law; or 12 (4) any action described in subsection (a)(l) 13 that is a system security action taken by the oper- 14 ator of an Internet site and is necessarily incident 15 to providing the Internet site services or to pro- 16 tecting the rights or property of the provider of the 17 Internet site. 18 (c) DEFINITIONS.-For the purposes of this section: 19 (1) The term "regulatory" means agency ac- 20 tions to implement, interpret or enforce authorities 21 provided in law. 22 (2) The term "supervisory" means examma- 23 tions of the agency's supervised institutions, includ- 24 ing assessing safety and soundness, overall financial 25 condition, management practices and policies and February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 131 1 compliance with applicable standards as provided in 2 law. 3 SEC. 726. (a) None of the funds appropriated by this 4 Act may be used to enter into or renew a contract which 5 includes a provision providing prescription drug coverage, 6 except where the contract also includes a provision for con- 7 traceptive coverage. 8 (b) Nothing in this section shall apply to a contract 9 with10 (1) any of the following religious plans: 11 (A) Personal Care's HMO; and 12 (B) OSF HealthPlans, Inc.; and 13 (2) any existing or future plan, if the carrier 14 for the plan objects to such coverage on the basis of 15 religious beliefs. 16 (c) In implementing this section, any plan that enters 17 into or renews a contract under this section may not sub18 ject any individual to discrimination on the basis that the 19 individual refuses to prescribe or otherwise provide for 20 contraceptives because such activities would be contrary 21 to the individual's religious beliefs or moral convictions. 22 (d) Nothing in this section shall be construed to re- 23 quire coverage of abortion or abortion-related services. 24 SEC. 72 7. The United States is committed to ensur- 25 mg the health of its Olympic, Pan American, and February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 132 1 Paralympic athletes, and supports the strict adherence to 2 anti-doping in sport through testing, adjudication, edu3 cation, and research as performed by nationally recognized 4 oversight authorities. 5 SEC. 728. Notwithstanding any other provision of 6 law, funds appropriated for official travel to Federal de7 partments and agencies may be used by such departments 8 and agencies, if consistent with Office of Management and 9 Budget Circular A-126 regarding official travel for Gov10 ernment personnel, to participate in the fractional aircraft 11 ownership pilot program. 12 SEC. 729. Notwithstanding any other provis10n of 13 law, none of the funds appropriated or made available 14 under this or any other appropriations Act may be used 15 to implement or enforce restrictions or limitations on the 16 Coast Guard Congressional Fellowship Program, or to im17 plement the proposed regulations of the Office of Per18 sonnel Management to add sections 300.311 through 19 300.316 to part 300 of title 5 of the Code of Federal Reg20 ulations, published in the Federal Register, volume 68, 21 number 174, on September 9, 2003 (relating to the detail 22 of executive branch employees to the legislative branch). 23 SEC. 730. Notwithstanding any other provision of 24 law, no executive branch agency shall purchase, construct, 25 or lease any additional facilities, except within or contig- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 133 1 uous to existing locations, to be used for the purpose of 2 conducting Federal law enforcement training without the 3 advance approval of the Committees on Appropriations of 4 the House of Representatives and the Senate, except that 5 the Federal Law Enforcement Training Center is author6 ized to obtain the temporary use of additional facilities 7 by lease, contract, or other agreement for training which 8 cannot be accommodated in existing Center facilities. 9 SEC. 731. Unless otherwise authorized by existing 10 law, none of the funds provided in this or any other Act 11 may be used by an executive branch agency to produce 12 any prepackaged news story intended for broadcast or dis13 tribution in the United States, unless the story includes 14 a clear notification within the text or audio of the pre15 packaged news story that the prepackaged news story was 16 prepared or funded by that executive branch agency. 17 SEC. 732. None of the funds made available in this 18 Act may be used in contravention of section 552a of title 19 5, United States Code (popularly known as the Privacy 20 Act), and regulations implementing that section. 21 SEC. 733. (a) IN GENERAL.-None of the funds ap- 22 propriated or otherwise made available by this or any 23 other Act may be used for any Federal Government con24 tract with any foreign incorporated entity which is treated 25 as an inverted domestic corporation under section 835(b) February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 134 1 of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) 2 or any subsidiary of such an entity. 3 (b) W.AIVERS.- 4 (1) IN GENERAL.-Any Secretary shall waive 5 subsection (a) with respect to any Federal Govern- 6 ment contract under the authority of such Secretary 7 if the Secretary determines that the waiver 1s re- 8 quired in the interest of national security. 9 (2) REPORT TO CONGRESS.-Any Secretary 10 issuing a waiver under paragraph (1) shall report 11 such issuance to Congress. 12 (c) EXCEPTION.-This section shall not apply to any 13 Federal Government contract entered into before the date 14 of the enactment of this Act, or to any task order issued 15 pursuant to such contract. 16 SEC. 734. During fiscal year 2019, for each employee 17 who18 19 (1) retires under section 8336(d)(2) or 8414(b)(l)(B) of title 5, United States Code; or 20 (2) retires under any other provision of sub- 21 chapter III of chapter 83 or chapter 84 of such title 22 5 and receives a payment as an incentive to sepa- 23 rate, the separating agency shall remit to the Civil 24 Service Retirement and Disability Fund an amount 25 equal to the Office of Personnel Management's aver- February 12, 2019 (12:50 p.m.) U :\2019CONF\DivD-FSGG.xml SEN. APPRO. 135 1 age unit cost of processing a retirement claim for 2 the preceding fiscal year. Such amounts shall be 3 available until expended to the Office of Personnel 4 Management and shall be deemed to be an adminis- 5 trative expense under section 8348(a)(l)(B) of title 6 5, United States Code. 7 SEC. 735. (a) None of the funds made available in 8 this or any other Act may be used to recommend or re- 9 quire any entity submitting an offer for a Federal contract 10 to disclose any of the following information as a condition 11 of submitting the offer: 12 (1) Any payment consisting of a contribution, 13 expenditure, independent expenditure, or disburse- 14 ment for an electioneering communication that is 15 made by the entity, its officers or directors, or any 16 of its affiliates or subsidiaries to a candidate for 17 election for Federal office or to a political com- 18 mittee, or that is otherwise made with respect to any 19 election for Federal office. 20 (2) Any disbursement of funds (other than a 21 payment described in paragraph (1)) made by the 22 entity, its officers or directors, or any of its affiliates 23 or subsidiaries to any person with the intent or the 24 reasonable expectation that the person will use the February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 136 1 funds to make a payment described m paragraph 2 (1). 3 (b) In this section, each of the terms "contribution", 4 "expenditure", "independent 5 eering communication" ' expenditure", "candidate" ' "election- "election" ' and 6 "Federal office" has the meaning given such term in the 7 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 8 et seq.). 9 SEC. 736. None of the funds made available in this 10 or any other Act may be used to pay for the painting of 11 a portrait of an officer or employee of the Federal govern12 ment, including the President, the Vice President, a mem13 ber of Congress (including a Delegate or a Resident Com14 missioner to Congress), the head of an executive branch 15 agency (as defined in section 133 of title 41, United States 16 Code), or the head of an office of the legislative branch. 17 SEC. 737. (a)(l) Notwithstanding any other provision 18 of law, and except as otherwise provided in this section, 19 no part of any of the funds appropriated for fiscal year 20 2019, by this or any other Act, may be used to pay any 21 prevailing rate employee described m section 22 5342(a)(2)(A) of title 5, United States Code23 (A) during the period from the date of expira- 24 tion of the limitation imposed by the comparable sec- 25 tion for the previous fiscal years until the normal ef- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xrnl SEN. APPRO. 137 1 fective date of the applicable wage survey adjust- 2 ment that is to take effect in fiscal year 2019, in an 3 amount that exceeds the rate payable for the appli- 4 cable grade and step of the applicable wage schedule 5 in accordance with such section; and 6 (B) during the period consisting of the remain- 7 der of fiscal year 2019, in an amount that exceeds, 8 as a result of a wage survey adjustment, the rate 9 payable under subparagraph (A) by more than the 10 sum of- 11 (i) the percentage adjustment taking effect 12 in fiscal year 2019 under section 5303 of title 13 5, United States Code, in the rates of pay 14 under the General Schedule; and 15 (ii) the difference between the overall aver- 16 age 17 parability payments taking effect in fiscal year 18 2019 under section 5304 of such title (whether 19 by adjustment or otherwise), and the overall av- 20 erage percentage of such payments which was 21 effective in the previous fiscal year under such 22 section. 23 percentage of the locality-based com- (2) Notwithstanding any other provision of law, no 24 prevailing rate employee described in subparagraph (B) or 25 (C) of section 5342(a)(2) of title 5, United States Code, February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 138 1 and no employee covered by section 5348 of such title, 2 may be paid during the periods for which paragraph ( 1) 3 is in effect at a rate that exceeds the rates that would 4 be payable under paragraph (1) were paragraph (1) appli- 5 cable to such employee. 6 (3) For the purposes of this subsection, the rates pay- 7 able to an employee who is covered by this subsection and 8 who is paid from a schedule not in existence on September 9 30, 2018, shall be determined under regulations pre10 scribed by the Office of Personnel Management. 11 ( 4) Notwithstanding any other provision of law, rates 12 of premium pay for employees subject to this subsection 13 may not be changed from the rates in effect on September 14 30, 2018, except to the extent determined by the Office 15 of Personnel Management to be consistent with the pur16 pose of this subsection. 17 ( 5) This subsection shall apply with respect to pay 18 for service performed after September 30, 2018. 19 (6) For the purpose of administering any provision 20 of law (including any rule or regulation that provides pre21 mium pay, retirement, life insurance, or any other em- 22 ployee benefit) that requires any deduction or contribu23 tion, or that imposes any requirement or limitation on the 24 basis of a rate of salary or basic pay, the rate of salary February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 139 1 or basic pay payable after the application of this sub2 section shall be treated as the rate of salary or basic pay. 3 ( 7) Nothing in this subsection shall be considered to 4 permit or require the payment to any employee covered 5 by this subsection at a rate in excess of the rate that would 6 be payable were this subsection not in effect. 7 (8) The Office of Personnel Management may provide 8 for exceptions to the limitations imposed by this sub- 9 section if the Office determines that such exceptions are 10 necessary to ensure the recruitment or retention of quali11 fied employees. 12 (b) Notwithstanding subsection (a), the adjustment 13 in rates of basic pay for the statutory pay systems that 14 take place in fiscal year 2019 under sections 5344 and 15 5348 of title 5, United States Code, shall be16 (1) not less than the percentage received by em- 17 ployees in the same location whose rates of basic pay 18 are adjusted pursuant to the statutory pay systems 19 under sections 5303 and 5304 of title 5, United 20 States Code: Provided, That prevailing rate employ- 21 ees at locations where there are no employees whose 22 pay is increased pursuant to sections 5303 and 5304 23 of title 5, United States Code, and prevailing rate 24 employees described in section 5343(a)(5) of title 5, 25 United States Code, shall be considered to be located February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 140 1 m the pay locality designated as "Rest of United 2 States" pursuant to section 5304 of title 5, United 3 States Code, for purposes of this subsection; and 4 (2) effective as of the first day of the first ap- 5 plicable pay period beginning after September 30, 6 2018. 7 SEC. 738. (a) The head of any Executive branch de- 8 partment, agency, board, commission, or office funded by 9 this or any other appropriations Act shall submit annual 10 reports to the Inspector General or senior ethics official 11 for any entity without an Inspector General, regarding the 12 costs and contracting procedures related to each con- 13 ference held by any such department, agency, board, com14 mission, or office during fiscal year 2019 for which the 15 cost to the United States Government was more than 16 $100,000. 17 (b) Each report submitted shall include, for each con- 18 ference described in subsection (a) held during the applica19 ble period20 (1) a description of its purpose; 21 (2) the number of participants attending; 22 (3) a detailed statement of the costs to the 23 United States Government, including- 24 (A) the cost of any food or beverages; 25 (B) the cost of any audio-visual services; February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 141 1 (C) the cost of employee or contractor travel to and from the conference; and 2 3 (D) a discussion of the methodology used 4 to determine which costs relate to the con- 5 ference; and 6 (4) a description of the contracting procedures 7 used including- 8 (A) whether contracts were awarded on a competitive basis; and 9 10 (B) a discussion of any cost comparison 11 conducted by the departmental component or 12 office in evaluating potential contractors for the 13 conference. 14 (c) Within 15 days after the end of a quarter, the 15 head of any such department, agency, board, commission, 16 or office shall notify the Inspector General or senior ethics 17 official for any entity without an Inspector General, of the 18 date, location, and number of employees attending a con19 ference held by any Executive branch department, agency, 20 board, commission, or office funded by this or any other 21 appropriations Act during fiscal year 2019 for which the 22 cost to the United States Government was more than 23 $20,000. 24 (d) A grant or contract funded by amounts appro- 25 priated by this or any other appropriations Act may not February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 142 1 be used for the purpose of defraying the costs of a con2 ference described in subsection (c) that is not directly and 3 programmatically related to the purpose for which the 4 grant or contract was awarded, such as a conference held 5 in connection with planning, training, assessment, review, 6 or other routine purposes related to a project funded by 7 the grant or contract. 8 (e) None of the funds made available in this or any 9 other appropriations Act may be used for travel and con- 10 ference activities that are not in compliance with Office 11 of Management and Budget Memorandum M-12-12 12 dated May 11, 2012 or any subsequent revisions to that 13 memorandum. 14 SEC. 739. None of the funds made available in this 15 or any other appropriations Act may be used to increase, 16 eliminate, or reduce funding for a program, project, or ac17 tivity as proposed in the President's budget request for 18 a fiscal year until such proposed change is subsequently 19 enacted in an appropriation Act, or unless such change 20 is made pursuant to the reprogramming or transfer provi21 sions of this or any other appropriations Act. 22 SEC. 740. None of the funds made available by this 23 or any other Act may be used to implement, administer, 24 enforce, or apply the rule entitled "Competitive Area" 25 published by the Office of Personnel Management in the February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 143 1 Federal Register on April 15, 2008 (73 Fed. Reg. 20180 2 et seq.). 3 SEC. 7 41. None of the funds appropriated or other- 4 wise made available by this or any other Act may be used 5 to begin or announce a study or public-private competition 6 regarding the conversion to contractor performance of any 7 function performed by Federal employees pursuant to Of8 fice of Management and Budget Circular A-7 6 or any 9 other administrative regulation, directive, or policy. 10 SEC. 742. (a) None of the funds appropriated or oth- 11 erwise made available by this or any other Act may be 12 available for a contract, grant, or cooperative agreement 13 with an entity that requires employees or contractors of 14 such entity seeking to report fraud, waste, or abuse to sign 15 internal confidentiality agreements or statements prohib16 iting or otherwise restricting such employees or contrac- 17 tors from lawfully reporting such waste, fraud, or abuse 18 to a designated investigative or law enforcement represent19 ative of a Federal department or agency authorized to re20 ceive such information. 21 (b) The limitation m subsection (a) shall not con- 22 travene requirements applicable to Standard Form 312, 23 Form 4414, or any other form issued by a Federal depart24 ment or agency governing the nondisclosure of classified 25 information. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 144 1 SEC. 743. (a) No funds appropriated in this or any 2 other Act may be used to implement or enforce the agree3 ments in Standard Forms 312 and 4414 of the Govern4 ment or any other nondisclosure policy, form, or agree- 5 ment if such policy, form, or agreement does not contain 6 the following provisions: "These provisions are consistent 7 with and do not supersede, conflict with, or otherwise alter 8 the employee obligations, rights, or liabilities created by 9 existing statute or Executive order relating to (1) classi- 10 fied information, (2) communications to Congress, (3) the 11 reporting to an Inspector General of a violation of any 12 law, rule, or regulation, or mismanagement, a gross waste 13 of funds, an abuse of authority, or a substantial and spe14 cific danger to public health or safety, or (4) any other 15 whistleblower protection. The definitions, requirements, 16 obligations, rights, sanctions, and liabilities created by 17 controlling Executive orders and statutory provisions are 18 incorporated into this agreement and are controlling.": 19 Provided, That notwithstanding the preceding provision of 20 this section, a nondisclosure policy form or agreement that 21 is to be executed by a person connected with the conduct 22 of an intelligence or intelligence-related activity, other 23 than an employee or officer of the United States Govern24 ment, may contain provisions appropriate to the particular 25 activity for which such document is to be used. Such form February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xrnl 145 1 or agreement shall, at a minimum, require that the person 2 will not disclose any classified information received in the 3 course of such activity unless specifically authorized to do 4 so by the United States Government. Such nondisclosure 5 forms shall also make it clear that they do not bar disclo6 sures to Congress, or to an authorized official of an execu- 7 tive agency or the Department of Justice, that are essen8 tial to reporting a substantial violation of law. 9 (b) A nondisclosure agreement may continue to be 10 implemented and enforced notwithstanding subsection (a) 11 if it complies with the requirements for such agreement 12 that were in effect when the agreement was entered into. 13 (c) No funds appropriated in this or any other Act 14 may be used to implement or enforce any agreement en- 15 tered into during fiscal year 2014 which does not contain 16 substantially similar language to that required in sub- 17 section (a). 18 SEC. 744. None of the funds made available by this 19 or any other Act may be used to enter into a contract, 20 memorandum of understanding, or cooperative agreement 21 with, make a grant to, or provide a loan or loan guarantee 22 to, any corporation that has any unpaid Federal tax liabil23 ity that has been assessed, for which all judicial and ad24 ministrative remedies have been exhausted or have lapsed, 25 and that is not being paid in a timely manner pursuant February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 146 1 to an agreement with the authority responsible for col- 2 lecting the tax liability, where the awarding agency is 3 aware of the unpaid tax liability, unless a Federal agency 4 has considered suspension or debarment of the corporation 5 and has made a determination that this further action is 6 not necessary to protect the interests of the Government. 7 SEC. 745. None of the funds made available by this 8 or any other Act may be used to enter into a contract, 9 memorandum of understanding, or cooperative agreement 10 with, make a grant to, or provide a loan or loan guarantee 11 to, any corporation that was convicted of a felony criminal 12 violation under any Federal law within the preceding 24 13 months, where the awarding agency is aware of the convic14 tion, unless a Federal agency has considered suspension 15 or debarment of the corporation and has made a deter16 ruination that this further action is not necessary to pro17 tect the interests of the Government. 18 SEC. 7 46. (a) During fiscal year 2019, on the date 19 on which a request is made for a transfer of funds in ac- 20 cordance with section 1017 of Public Law 111-203, the 21 Bureau of Consumer Financial Protection shall notify the 22 Committees on Appropriations of the House of Represent23 atives and the Senate, the Committee on Financial Serv24 ices of the House of Representatives, and the Committee February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 147 1 on Banking, Housing, and Urban Affairs of the Senate 2 of such request. 3 (b) Any notification required by this section shall be 4 made available on the Bureau's public Web site. 5 SEC. 747. If, for fiscal year 2019, new budget author- 6 ity provided in appropriations Acts exceeds the discre7 tionary spending limit for any category set forth in section 8 2 51 (c) of the Balanced Budget and Emergency Deficit 9 Control Act of 1985 due to estimating differences with the 10 Congressional Budget Office, an adjustment to the discre11 tionary spending limit in such category for fiscal year 12 2019 shall be made by the Director of the Office of Man13 agement and Budget in the amount of the excess but the 14 total of all such adjustments shall not exceed 0.2 percent 15 of the sum of the adjusted discretionary spending limits 16 for all categories for that fiscal year. 17 SEC. 7 48. (a) The adjustment in rates of basic pay 18 for employees under the statutory pay systems that takes 19 effect in fiscal year 2019 under section 5303 of title 5, 20 United States Code, shall be an increase of 1.4 percent, 21 and the overall average percentage of the adjustments tak22 ing effect in such fiscal year under sections 5304 and 23 5304a of such title 5 shall be an increase of 0.5 percent 24 (with comparability payments to be determined and allo25 cated among pay localities by the President). All adjust- February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 148 1 ments under this subsection shall be effective as of the 2 first day of the first applicable pay period beginning on 3 or after January 1, 2019. 4 (b) Notwithstanding section 737, the adjustment in 5 rates of basic pay for the statutory pay systems that take 6 place in fiscal year 2019 under sections 5344 and 5348 7 of title 5, United States Code, shall be no less than the 8 percentages in subsection (a) as employees in the same 9 location whose rates of basic pay are adjusted pursuant 10 to the statutory pay systems under section 5303, 5304, 11 and 5304a of title 5, United States Code. Prevailing rate 12 employees at locations where there are no employees whose 13 pay is increased pursuant to sections 5303, 5304, and 14 5304a of such title 5 and prevailing rate employees de15 scribed in section 5343(a)(5) of such title 5 shall be con16 sidered to be located in the pay locality designated as 17 "Rest of U.S." pursuant to section 5304 of such title 5 18 for purposes of this subsection. 19 (c) Funds used to carry out this section shall be paid 20 from appropriations, which are made to each applicable 21 department or agency for salaries and expenses for fiscal 22 year 2019. 23 SEC. 749. (a) Notwithstanding the official rate ad- 24 justed under section 104 of title 3, United States Code, 25 the rate payable to the Vice President during calendar February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 149 1 year 2019 shall be 1.9 percent above the rate payable to 2 the Vice President on December 31, 2018, as limited 3 under section 738 of division E of the Consolidated Appro4 priations Act, 2018 (Public Law 115-141). 5 (b) Notwithstanding the official rate adjusted under 6 section 5318 of title 5, United States Code, or any other 7 provision of law, the payable rate for an employee serving 8 in an Executive Schedule position, or in a position for 9 which the rate of pay is fixed by statute at an Executive 10 Schedule rate, shall be increased by 1.9 percent (relative 11 to the preexisting rate actually payable) at the time the 12 official rate is adjusted in January 2019. Such an em13 ployee may receive no other pay increase during calendar 14 year 2019, except as provided in subsection (i). 15 (c) Notwithstanding section 401 of the Foreign Serv- 16 ice Act of 1980 (Public Law 96-465) or any other provi17 sion of law, a chief of mission or ambassador at large is 18 subject to subsection (b) in the same manner as other em19 ployees who are paid at an Executive Schedule rate. 20 (d)(l) This subsection applies to- 21 (A) a noncareer appointee m the Senior 22 Executive Service paid a rate of basic pay at or 23 above the official rate for level IV of the Execu- 24 tive Schedule; or February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 150 1 (B) a limited term appointee or limited 2 emergency appointee in the Senior Executive 3 Service serving under a political appointment 4 and paid a rate of basic pay at or above the of- 5 ficial rate for level IV of the Executive Sched- 6 ule. 7 (2) Notwithstanding sections 5382 and 5383 of 8 title 5, United States Code, an employee described 9 in paragraph (1) who is serving at the time official 10 rates of the Executive Schedule are adjusted may re- 11 ceive a single increase in the employee's pay rate of 12 no more than 1.9 percent during calendar year 13 2019, subject to the normally applicable pay rules 14 and pay limitations in effect on December 31, 2013, 15 after those pay limitations are increased by 1.9 per- 16 cent (after applicable rounding). Such an employee 17 may receive no other pay increase during calendar 18 year 2019, except as provided in subsection (i). 19 (e) Notwithstanding any other provision of law, any 20 employee paid a rate of basic pay (including any locality21 based payments under section 5304 of title 5, United 22 States Code, or similar authority) at or above the official 23 rate for level IV of the Executive Schedule who serves 24 under a political appointment, and who is serving at the 25 time official rates of the Executive Schedule are adjusted, February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 151 1 may receive a single increase in the employee's pay rate 2 of no more than 1.9 percent during calendar year 2019, 3 subject to the normally applicable pay rules and pay limi4 tations in effect on December 31, 2013, after those pay 5 limitations are increased by 1. 9 percent (after applicable 6 rounding). Such an employee may receive no other pay 7 increase during calendar year 2019, except as provided in 8 subsection (i). This subsection does not apply to employees 9 in the General Schedule pay system or the Foreign Service 10 pay system, to employees appointed under section 3161 11 of title 5, United States Code, or to employees in another 12 pay system whose position would be classified at GS-15 13 or below if chapter 51 of title 5, United States Code, ap14 plied to them. 15 (f) Nothing in subsections (b) through (e) shall pre- 16 vent employees who do not serve under a political appoint- 17 ment from receiving pay increases as otherwise provided 18 under applicable law. 19 (g) This section does not apply to an individual who 20 makes an election to retain Senior Executive Service basic 21 pay under section 3392(c) of title 5, United States Code, 22 for such time as that election is in effect. 23 (h) This section does not apply to an individual who 24 makes an election to retain Senior Foreign Service pay 25 entitlements under section 3 02 (b) of the Foreign Service February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 152 1 Act of 1980 (Public Law 96-465) for such time as that 2 election is in effect. 3 (i) Notwithstanding subsections (b) through (e), an 4 employee in a covered position may receive a pay rate in- 5 crease upon an authorized movement to a different cov6 ered position only if that new position has higher-level du- 7 ties and a pre-established level or range of pay higher than 8 the level or range for the position held immediately before 9 the movement. Any such increase must be based on the 10 rates of pay and applicable pay limitations in effect on 11 December 31, 2013, after those rates and pay limitations 12 are increased by 1.9 percent (after applicable rounding). 13 (j) Notwithstanding any other provision of law, for 14 an individual who is newly appointed to a covered position 15 during the period of time subject to this section, the initial 16 pay rate shall be based on the rates of pay and applicable 17 pay limitations in effect on December 31, 2013, after 18 those rates and pay limitations are increased by 1.9 per19 cent (after applicable rounding). 20 (k) If an employee affected by this section is subject 21 to a biweekly pay period that begins in calendar year 2019 22 but ends in calendar year 2020, the bar on the employee's 23 receipt of pay rate increases shall apply through the end 24 of that pay period. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 153 1 (1) For the purpose of this section, the term "covered 2 position'' means a position occupied by an employee whose 3 pay is restricted under this section. 4 (m) This section takes effect on the first day of the 5 first applicable pay period beginning on or after January 6 1, 2019. 7 SEC. 750. Except as expressly provided otherwise, 8 any reference to "this Act" contained in any title other 9 than title IV or VIII shall not apply to such title IV or 10 VIII. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 154 1 TITLE VIII 2 GENERAL PROVISIONS-DISTRICT OF 3 COLUMBIA 4 (INCLUDING TRANSFERS OF FUNDS) 5 SEC. 801. There are appropriated from the applicable 6 funds of the District of Columbia such sums as may be 7 necessary for making refunds and for the payment of legal 8 settlements or judgments that have been entered against 9 the District of Columbia government. 10 SEC. 802. None of the Federal funds provided in this 11 Act shall be used for publicity or propaganda purposes or 12 implementation of any policy including boycott designed 13 to support or defeat legislation pending before Congress 14 or any State legislature. 15 SEC. 803. (a) None of the Federal funds provided 16 under this Act to the agencies funded by this Act, both 17 Federal and District government agencies, that remain 18 available for obligation or expenditure in fiscal year 2019, 19 or provided from any accounts in the Treasury of the 20 United States derived by the collection of fees available 21 to the agencies funded by this Act, shall be available for 22 obligation or expenditures for an agency through a re- 23 programming of funds which24 February 12, 2019 (12:50 p.m.) (1) creates new programs; SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 155 1 2 (2) eliminates a program, project, or responsi- bility center; 3 4 (3) establishes or changes allocations specifically denied, limited or increased under this Act; 5 (4) increases funds or personnel by any means 6 for any program, project, or responsibility center for 7 which funds have been denied or restricted; 8 9 (5) re-establishes any program or project previously deferred through reprogramming; 10 (6) augments any existing program, project, or 11 responsibility center through a reprogramming of 12 funds in excess of $3,000,000 or 10 percent, which- 13 ever is less; or 14 (7) increases by 20 percent or more personnel 15 assigned to a specific program, project or responsi- 16 bility center, 17 unless prior approval is received from the Committees on 18 Appropriations of the House of Representatives and the 19 Senate. 20 (b) The District of Columbia government is author- 21 ized to approve and execute reprogramming and transfer 22 requests of local funds under this title through November 23 7, 2019. 24 SEC. 804. None of the Federal funds provided in this 25 Act may be used by the District of Columbia to provide February 12, 2019 (12:50 p.m.) U :\2019CONF\DivD-FSGG.xml SEN. APPRO. 156 1 for salaries, expenses, or other costs associated with the 2 offices of United States Senator or United States Rep3 resentative under section 4( d) of the District of Columbia 4 Statehood Constitutional Convention Initiatives of 1979 5 (D.C. Law 3-171; D.C. Official Code, sec. 1-123). 6 SEC. 805. Except as otherwise provided in this sec- 7 tion, none of the funds made available by this Act or by 8 any other Act may be used to provide any officer or em9 ployee of the District of Columbia with an official vehicle 10 unless the officer or employee uses the vehicle only in the 11 performance of the officer's or employee's official duties. 12 For purposes of this section, the term "official duties" 13 does not include travel between the officer's or employee's 14 residence and workplace, except in the case of- 15 (1) an officer or employee of the Metropolitan 16 Police Department who resides in the District of Co- 17 lumbia or is otherwise designated by the Chief of the 18 Department; 19 (2) at the discretion of the Fire Chief, an offi- 20 cer or employee of the District of Columbia Fire and 21 Emergency Medical Services Department who re- 22 sides in the District of Columbia and is on call 24 23 hours a day; 24 (3) at the discretion of the Director of the De- 25 partment of Corrections, an officer or employee of February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 157 1 the District of Columbia Department of Corrections 2 who resides in the District of Columbia and is on 3 call 2 4 hours a day; 4 (4) at the discretion of the Chief Medical Ex- 5 aminer, an officer or employee of the Office of the 6 Chief Medical Examiner who resides in the District 7 of Columbia and is on call 24 hours a day; 8 (5) at the discretion of the Director of the 9 Homeland Security and Emergency Management 10 Agency, an officer or employee of the Homeland Se- 11 curity and Emergency Management Agency who re- 12 sides in the District of Columbia and is on call 24 13 hours a day; 14 (6) the Mayor of the District of Columbia; and 15 (7) the Chairman of the Council of the District 16 of Columbia. 17 SEC. 806. (a) None of the Federal funds contained 18 in this Act may be used by the District of Columbia Attor19 ney General or any other officer or entity of the District 20 government to provide assistance for any petition drive or 21 civil action which seeks to require Congress to provide for 22 voting representation in Congress for the District of Co23 lumbia. 24 (b) Nothing in this section bars the District of Co- 25 lumbia Attorney General from reviewing or commenting February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 158 1 on briefs in private lawsuits, or from consulting with offi2 cials of the District government regarding such lawsuits. 3 SEC. 807. None of the Federal funds contained in 4 this Act may be used to distribute any needle or syringe 5 for the purpose of preventing the spread of blood borne 6 pathogens in any location that has been determined by the 7 local public health or local law enforcement authorities to 8 be inappropriate for such distribution. 9 SEC. 808. Nothing in this Act may be construed to 10 prevent the Council or Mayor of the District of Columbia 11 from addressing the issue of the provision of contraceptive 12 coverage by health insurance plans, but it is the intent 13 of Congress that any legislation enacted on such issue 14 should include a "conscience clause" which provides excep15 tions for religious beliefs and moral convictions. 16 SEC. 809. (a) None of the Federal funds contained 17 in this Act may be used to enact or carry out any law, 18 rule, or regulation to legalize or otherwise reduce penalties 19 associated with the possession, use, or distribution of any 20 schedule I substance under the Controlled Substances Act 21 (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols de22 rivative. 23 (b) No funds available for obligation or expenditure 24 by the District of Columbia government under any author25 ity may be used to enact any law, rule, or regulation to February 12, 2019 (12:50 p.m.) SEN. APPRO. U :\2019CONF\DivD-FSGG.xml 159 1 legalize or otherwise reduce penalties associated with the 2 possession, use, or distribution of any schedule I substance 3 under the Controlled Substances Act (21 U.S.C. 801 et 4 seq.) or any tetrahydrocannabinols derivative for rec5 reational purposes. 6 SEC. 810. No funds available for obligation or ex- 7 penditure by the District of Columbia government under 8 any authority shall be expended for any abortion except 9 where the life of the mother would be endangered if the 10 fetus were carried to term or where the pregnancy is the 11 result of an act of rape or incest. 12 SEC. 811. (a) No later than 30 calendar days after 13 the date of the enactment of this Act, the Chief Financial 14 Officer for the District of Columbia shall submit to the 15 appropriate committees of Congress, the Mayor, and the 16 Council of the District of Columbia, a revised appropriated 17 funds operating budget in the format of the budget that 18 the District of Columbia government submitted pursuant 19 to section 442 of the District of Columbia Home Rule Act 20 (D.C. Official Code, sec. 1-204.42), for all agencies of the 21 District of Columbia government for fiscal year 2019 that 22 is in the total amount of the approved appropriation and 23 that realigns all budgeted data for personal services and 24 other-than-personal services, respectively, with anticipated 25 actual expenditures. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 160 1 (b) This section shall apply only to an agency for 2 which the Chief Financial Officer for the District of Co3 lumbia certifies that a reallocation is required to address 4 unanticipated changes in program requirements. 5 SEC. 812. No later than 30 calendar days after the 6 date of the enactment of this Act, the Chief Financial Offi7 cer for the District of Columbia shall submit to the appro8 priate committees of Congress, the Mayor, and the Council 9 for the District of Columbia, a revised appropriated funds 10 operating budget for the District of Columbia Public 11 Schools that aligns schools budgets to actual enrollment. 12 The revised appropriated funds budget shall be in the for13 mat of the budget that the District of Columbia govern14 ment submitted pursuant to section 442 of the District 15 of Columbia Home Rule Act (D.C. Official Code, sec. 116 204.42). 17 SEC. 813. (a) Amounts appropriated in this Act as 18 operating funds may be transferred to the District of Co19 lumbia's enterprise and capital funds and such amounts, 20 once transferred, shall retain appropriation authority con21 sistent with the provisions of this Act. 22 (b) The District of Columbia government is author- 23 ized to reprogram or transfer for operating expenses any 24 local funds transferred or reprogrammed in this or the 25 four prior fiscal years from operating funds to capital February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 161 1 funds, and such amounts, once transferred or repro2 grammed, shall retain appropriation authority consistent 3 with the provisions of this Act. 4 (c) The District of Columbia government may not 5 transfer or reprogram for operating expenses any funds 6 derived from bonds, notes, or other obligations issued for 7 capital projects. 8 SEC. 814. None of the Federal funds appropriated 9 in this Act shall remain available for obligation beyond 10 the current fiscal year, nor may any be transferred to 11 other appropriations, unless expressly so provided herein. 12 SEC. 815. Except as otherwise specifically provided 13 by law or under this Act, not to exceed 50 percent of unob14 ligated balances remaining available at the end of fiscal 15 year 2019 from appropriations of Federal funds made 16 available for salaries and expenses for fiscal year 2019 in 17 this Act, shall remain available through September 30, 18 2020, for each such account for the purposes authorized: 19 Provided, That a request shall be submitted to the Com- 20 mittees on Appropriations of the House of Representatives 21 and the Senate for approval prior to the expenditure of 22 such funds: Provided further, That these requests shall be 23 made in compliance with reprogramming guidelines out24 lined in section 803 of this Act. February 12, 2019 (12:50 p.m.) U:\2019CONF\DivD-FSGG.xml SEN. APPRO. 162 1 SEC. 816. (a)(l) During fiscal year 2020, during a 2 period in which neither a District of Columbia continuing 3 resolution or a regular District of Columbia appropriation 4 bill is in effect, local funds are appropriated in the amount 5 provided for any project or activity for which local funds 6 are provided in the Act referred to in paragraph (2) (sub7 ject to any modifications enacted by the District of Colum8 bia as of the beginning of the period during which this 9 subsection is in effect) at the rate set forth by such Act. 10 (2) The Act referred to in this paragraph is the Act 11 of the Council of the District of Columbia pursuant to 12 which a proposed budget is approved for fiscal year 2020 13 which (subject to the requirements of the District of Co14 lumbia Home Rule Act) will constitute the local portion 15 of the annual budget for the District of Columbia govern16 ment for fiscal year 2020 for purposes of section 446 of 17 the District of Columbia Home Rule Act (sec. 1-204.46, 18 D.C. Official Code). 19 (b) Appropriations made by subsection (a) shall cease 20 to be available21 (1) during any period in which a District of Co- 22 lumbia continuing resolution for fiscal year 2020 is 23 in effect; or February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 163 1 (2) upon the enactment into law of the regular 2 District of Columbia appropriation bill for fiscal year 3 2020. 4 (c) An appropriation made by subsection (a) is pro- 5 vided under the authority and conditions as provided 6 under this Act and shall be available to the extent and 7 in the manner that would be provided by this Act. 8 (d) An appropriation made by subsection (a) shall 9 cover all obligations or expenditures incurred for such 10 project or activity during the portion of fiscal year 2020 11 for which this section applies to such project or activity. 12 (e) This section shall not apply to a project or activity 13 during any period of fiscal year 2020 if any other provi14 sion of law (other than an authorization of appropria15 tions)16 (1) makes an appropriation, makes funds avail- 17 able, or grants authority for such project or activity 18 to continue for such period; or 19 (2) specifically provides that no appropriation 20 shall be made, no funds shall be made available, or 21 no authority shall be granted for such project or ac- 22 tivity to continue for such period. 23 (f) Nothing in this section shall be construed to affect 24 obligations of the government of the District of Columbia 25 mandated by other law. February 12, 2019 (12:50 p.m.) SEN. APPRO. U:\2019CONF\DivD-FSGG.xrnl 164 1 SEC. 817. Section 3(c)(2)(G) of the District of Co- 2 lumbia College Access Act of 1999 (Public Law 106-98; 3 sec. 38-2702(c)(2)(G), D.C. Official Code) is amended4 5 6 (1) in clause (i), by striking "and" after "$1,000,000" and inserting a semicolon; (2) in clause (ii)- 7 (A) by inserting "but before school year 8 2019-2020" after "in or after school year 9 2016-2017"; and 10 (B) by striking the period at the end and 11 inserting "· and"· and 12 (3) by adding at the end the following: ' ' 13 "(iii) For individuals who begin an 14 undergraduate course of study in or after 15 school year 2019-2020, is from a family 16 with a taxable annual income of less than 17 $500,000. 18 2020-2021, the Mayor shall adjust the 19 amount in the previous sentence for infla- 20 tion, as measured by the percentage in- 21 crease, if any, from the preceding fiscal 22 year in the Consumer Price Index for All 23 Urban Consumers, published by the Bu- 24 reau of Labor Statistics of the Department 25 of Labor.". February 12, 2019 (12:50 p.m.) Beginning with school year SEN. APPRO. U:\2019CONF\DivD-FSGG.xml 165 1 SEC. 818. Except as expressly provided otherwise, 2 any reference to "this Act" contained in this title or in 3 title IV shall be treated as referring only to the provisions 4 of this title or of title IV. 5 This division may be cited as the "Financial Services 6 and General Government Appropriations Act, 2019". February 12, 2019 (12:50 p.m.) U:\2019COKF\DiYE-l:-.JT.1'-ml SEN. APPIW. 1 DIVISION E-DEPARTMENT OF THE INTE2 RIOR, ENVIRONMENT, AND RELATED 3 AGENCIES APPROPRIATIONS ACT, 2019 4 TITLE I 5 DEPARTMENT OF THE IKTERIOR 6 BUREAU OF LAND MANAGEMENT 7 MANAGEMENT OF LANDS AND RESOURCES 8 For necessary expenses for protection, use, improve- 9 ment, development, disposal, cadastral surveying, classi10 fication, acquisition of easements and other interests in 11 lands, and performance of other functions, including main12 tenance of facilities, as authorized by law, in the manage13 ment of lands and their resources under the jurisdiction 14 of the Bureau of Land Management, including the general 15 administration of the Bureau, and assessment of mineral 16 potential of public lands pursuant to section lOlO(a) of 17 Public Law 96-487 (16 U.S.C. 3150(a)), $1,198,000,000, 18 to remain available until expended, including all such 19 amounts as are collected from permit processing fees, as 20 authorized but made subject to future appropriation by 21 section 35(d)(3)(A)(i) of the 1\/[ineral Leasing Act (30 22 U.S.C. 191), except that amounts from permit processing 23 fees may be used for any bureau-related expenses associ- Februa1y 7, 2019 (2:52 p.m.) ~ SEN. APPRO. l:':\2019CONF\DiYE-I~T.xml 2 1 ated with the processing of oil and gas applications for 2 permits to drill and related use of authorizations. 3 In addition, $39,696,000 is for Mining Law Adminis- 4 tration program operations, including the cost of admin5 istering the mining claim fee program, to remain available 6 until expended, to be reduced by amounts collected by the 7 Bureau and credited to this appropriation from mining 8 claim maintenance fees and location fees that are hereby 9 authorized for fiscal year 2019, so as to result in a final 10 appropriation estimated at not more than $1,198,000,000, 11 and $2,000,000, to remain available until expended, from 12 communication site rental fees established by the Bureau 13 for the cost of administering communication site activities. 14 LAND ACQUISITION 15 (IN"CLUDING RESCISSION OF FUNDS) 16 For expenses necessary to carry out sections 205, 17 206, and 318(d) of Public Law 94-579, including admin18 istrative expenses and acquisition of lands or waters, or 19 interests therein, $28,316,000, to be derived from the 20 Land and ,¥ater Conservation Fund and to remain avail21 able until expended. 22 Of the unobligated balances from amounts made 23 available for Land Acquisition and derived from the Land 24 and Water Conservation Fund, $1,800,000 is hereby per25 manently rescinded from previously appropriated emer- February 7, 2019 (2:52 p.m.) lJ:\2019COKF'\DiYE-INT.xml SEN. APPRO. 3 1 genc1es, hardships, and inholdings funding: Provided, 2 rrhat no amounts may be rescinded from amounts that 3 were designated by the Congress as an emergency require4 ment pursuant to the Concurrent Resolution on the Budg- 5 et or the Balanced Budget and Emergency Deficit Control 6 Act of 1985. 7 8 OREGON AND CALIFORNIA GRANT LAi'.JDS For eA'J)enses necessary for management, protection, 9 and development of resources and for construction, oper- 10 ation, and maintenance of access roads, reforestation, and 11 other improvements on the revested Oregon and California 12 Railroad grant lands, on other Federal lands in the Or13 egon and California land-grant counties of Oregon, and 14 on adjacent rights-of-way; and acquisition of lands or in- 15 terests therein, including existing connecting roads on or 16 adjacent to such grant lands; $106,985,000, to remain 17 available until expended: Provided, That 25 percent of the 18 aggregate of all receipts during the current fiscal year 19 from the revested Oregon and California Railroad grant 20 lands is hereby made a charge against the Oregon and 21 California land-grant fund and shall be transferred to the 22 General Fund in the Treasury in accordance with the sec23 ond paragraph of subsection (b) of title II of the Act of 24 August 28, 1937 (43 U.S.C. 2605). February 7, 2019 (2:52 p.m.) SEK. APPRO. -C:\2019COKF\DiYE-I~T.x:ml 4 1 2 RA._~GE I1VIPROYE1VIENTS For rehabilitation, protection, and acquisition of 3 lands and interests therein, and improvement of Federal 4 rangelands pursuant to section 401 of the Federal Land 5 Policy and Management Act of 1976 (43 U.S.C. 1751), 6 notwithstanding any other Act, sums equal to 50 percent 7 of all moneys received during the prior fiscal year under 8 sections 3 and 15 of the Taylor Grazing Act (43 U.S.C. 9 315b, 315m) and the amount designated for range im10 provements from grazing fees and mineral leasing receipts 11 from Bankhead-Jones lands transferred to the Depart12 ment of the Interior pursuant to law, but not less than 13 $10,000,000, to remain available until expended: Pro14 vided, That not to exceed $600,000 shall be available for 15 administrative expenses. 16 17 SERVICE CHARGES, DEPOSITS, AND FORFEfi'URES For administrative expenses and other costs related 18 to processing application documents and other authoriza19 tions for use and disposal of public lands and resources, 20 for costs of providing copies of official public land docu21 ments, for monitoring construction, operation, and termi- 22 nation of facilities in conjunction with use authorizations, 23 and for rehabilitation of damaged property, such amounts 24 as may be collected under Public Law 94-579 (43 U.S.C. 25 1701 et seq.), and under section 28 of the Mineral Leasing February 7, 2019 (2:52 p.m.) U:\2019COKF\DiYE-IKT.xml SEN. APPRO. 5 1 Act (30 U.S.C. 185), to remain available until expended: 2 Provided, That notwithstanding any provision to the con3 trary of section 305(a) of Public Law 94-579 (43 U.S.C. 4 1735(a)), any moneys that have been or ·will be received 5 pursuant to that section, whether as a result of forfeiture, 6 compromise, or settlement, if not appropriate for refund 7 pursuant to section 305(c) of that Act (43 U.S.C. 8 1735(c)), shall be available and may be expended under 9 the authority of this Act by the Secretary to improve, pro10 tect, or rehabilitate any public lands administered through 11 the Bureau of Land Management which have been dam12 aged by the action of a resource developer, purchaser, per13 mittee, or any unauthorized person, without regard to 14 whether all moneys collected from each such action are 15 used on the exact lands damaged which led to the action: 16 Provided further, 'l1hat any such moneys that are in excess 17 of amounts needed to repair damage to the exact land for 18 which funds were collected may be used to repair other 19 damaged public lands. 20 21 MISCELLANEOUS TRUST FUNDS In addition to amounts authorized to be expended 22 under existing laws, there is hereby appropriated such 23 amounts as may be contributed under section 307 of Pub24 lie Law 94-579 (43 U.S.C. 1737), and such amounts as 25 may be advanced for administrative costs, surveys, ap- February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-INT.xml SEN. APPRO. 6 1 praisals, and costs of making conveyances of omitted lands 2 under section 211(b) of that Act (43 U.S.C. 1721(b) ), to 3 remain available until expended. 4 5 AD1\II~ISTRATIVE PROVISIONS The Bureau of Land Management may carry out the 6 operations funded under this Act by direct expenditure, 7 contracts, grants, cooperative agreements and reimburs8 able agreements -with public and private entities, including 9 ·with States. Appropriations for the Bureau shall be availIO able for purchase, erection, and dismantlement of tem11 porary structures, and alteration and maintenance of nec12 essary buildings and appurtenant facilities to which the 13 United States has title; up to $100,000 for payments, at 14 the discretion of the Secretary, for information or evidence 15 concerning violations of laws administered by the Bureau; 16 miscellaneous and emergency expenses of enforcement ac17 tivities authorized or approved by the Secretary and to be 18 accounted for solely on the Secretary's certificate, not to 19 exceed $10,000: Provided, That notwithstanding Public 20 Law 90-620 (44 U.S.C. 501), the Bureau may, under co- 21 operative cost-sharing and partnership arrangements au22 thorized by law, procure printing services from cooperators 23 in connection with jointly produced publications for which 24 the cooperators share the cost of printing either in cash 25 or in services, and the Bureau determines the cooperator l="ebruary 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-INT.xrnl SEN. APPRO. 7 1 is capable of meeting accepted quality standards: Provided 2 further, That projects to be funded pursuant to a written 3 commitment by a State government to provide an identi4 fied amount of money in support of the project may be 5 carried out by the Bureau on a reimbursable basis. Appro6 priations herein made shall not be available for the de- 7 struction of healthy, unadopted, ·wild horses and burros 8 in the care of the Bureau or its contractors or for the 9 sale of wild horses and burros that results in their destruc10 tion for processing into commercial products. 11 UNITED STA'l'ES FISH AND WILDLIFE SER\'ICE 12 RESOURCE lVIA..~AGEMENT 13 For necessary expenses of the United States }1-,ish and 14 Wildlife Service, as authorized by law, and for scientific 15 and economic studies, general administration, and for the 16 performance of other authorized functions related to such 17 resources, $1,292,078,000, to remain available until Sep18 tember 30, 2020: Provided, That not to exceed 19 $18,318,000 shall be used for implementing subsections 20 (a), (b), (c), and (e) of section 4 of the Endangered Spe21 cies Act of 1973 (16 U.S.C. 1533) (except for processing 22 petitions, developing and issuing proposed and final regu23 lations, and taking any other steps to implement actions 24 described m 25 (c)(2)(B)(ii)). February 7, 2019 (2:52 p.m.) subsection (c)(2)(A), (c)(2)(B)(i), or SEN. APPRO. U:\2019CONF\DivE-IKT.x:ml 8 1 CONSTRUCTION 2 (IKCLUDING RESCISSION OF FUKDS) 3 For construction, improvement, acquisition, or re- 4 moval of buildings and other facilities required in the con- 5 servation, management, investigation, protection, and uti6 lization of fish and wildlife resources, and the acquisition 7 of lands and interests therein; $55,613,000, to remain 8 available until expended. 9 Of the unobligated balances available for Construc- 10 tion, $1,500,000 is permanently rescinded, including 11 $300,000 of unobligated balances available for Construc12 tion under Public Law 111-8: Provided, That no amounts 13 may be rescinded from amounts that were designated by 14 the Congress as an emergency requirement pursuant to 15 the Concurrent Resolution on the Budget or the Balanced 16 Budget and Emergency Deficit Control Act of 1985. 17 18 LAND ACQUISITION For expenses necessary to carry out chapter 2003 of 19 title 54, United States Code, including administrative ex20 penses, and for acquisition of land or waters, or interest 21 therein, in accordance with statutory authority applicable 22 to the United States Fish and Wildlife Service, 23 $65,189,000, to be derived from the Land and Water Con24 servation Fund and to remain available until expended, 25 of which, notwithstanding section 200306 of title 54, February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKF\DivE-INT.~·ml 9 1 United States Code, not more than $20,000,000 shall be 2 for land conservation partnerships authorized by the 3 Highlands Conservation Act of 2004, including not to ex4 ceed $320,000 for administrative expenses: Provided, That 5 none of the funds appropriated for specific land acquisi6 tion projects may be used to pay for any administrative 7 overhead, planning or other management costs. 8 COOPERATIVE ENDANGERED SPECIES CONSERVATION 9 FUND 10 (INCLUDING RESCISSION OF FUNDS) 11 For expenses necessary to carry out section 6 of the 12 Endangered Species Act of 1973 (16 U.S.C. 1535), 13 $53,495,000, to remain available until expended, of which 14 $22,695,000 is to be derived from the Cooperative Endan15 gered Species Conservation Fund; and of which 16 $30,800,000 is to be derived from the Land and Water 17 Conservation _F und. 1 18 Of the unobligated balances made available from the 19 Cooperative Endangered Species Conservation Fund, 20 $7,500,000 is permanently rescinded: Provided, That no 21 amounts may be rescinded from amounts that were des22 ignated by the Congress as an emergency requirement 23 pursuant to the Concurrent Resolution on the Budget or 24 the Balanced Budget and Emergency Deficit Control Act 25 of 1985. February 7, 2019 (2:52 p.m.) SEN. APPRO. l':\2019COKF\DivE-INT.xml 10 1 2 NATIONAL 1v'1LDLIFE REFUGE FUND For expenses necessmy to implement the Act of Octo- 3 ber 17, 1978 (16 U.S.C. 715s), $13,228,000. 4 5 KORTH AlVIERICAl\ WETLANDS CONSERVATION FUND For expenses necessary to carry out the provisions 6 of the North American Wetlands Conservation Act (16 7 U.S.C. 4401 et seq.), $42,000,000, to remain available 8 until expended. 9 10 NEOTROPICAL l\IIGRATORY BIRD CONSERVATION For expenses necessmy to carry out the N eotropical 11 lVIigratory Bird Conservation Act (16 U.S.C. 6101 et 12 seq.), $3,910,000, to remain available until expended. 13 l\IULTINATIONAL SPECIES CONSERVATION FUND 14 For expenses necessary to carry out the African Ele- 15 phant Conservation Act (16 U.S.C. 4201 et seq.), the 16 Asian Elephant Conservation Act of 1997 (16 U.S.C. 17 4261 et seq.), the Rhinoceros and Tiger Conservation Act 18 of 1994 (16 U.S.C. 5301 et seq.), the Great Ape Con19 servation Act of 2000 (16 U.S.C. 6301 et seq.), and the 20 Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 21 et seq.), $11,561,000, to remain available until e21..1)ended. 22 23 STATE AND TRIBAL ,v'1LDLIFE GRANTS :B-,or ·wildlife conservation gTants to States and to the 24 District of Columbia, Puerto Rico, Guam, the United 25 States Virgin Islands, the Northern Mariana Islands, February 7, 2019 (2:52 p.m.) SEN. APPRO. e:\2019COKF\DiYE-INT.xrnl 11 1 American Samoa, and Indian tribes under the provisions 2 of the Fish and Wildlife Act of 1956 and the Fish and 3 Wildlife Coordination Act, for the development and imple4 mentation of progTams for the benefit of wildlife and their 5 habitat, including species that are not hunted or fished, 6 $64,571,000, to remain available until expended: Pro7 vided, That of the amount provided herein, $4,209,000 is 8 for a competitive grant program for Indian tribes not sub- 9 ject to the remaining provisions of this appropriation: Pro- 10 vided further, That $6,362,000 is for a competitive grant 11 program to implement approved plans for States, terri12 tories, and other jurisdictions and at the discretion of af- 13 fected States, the regional Associations of fish and wildlife 14 agencies, not subject to the remaining provisions of this 15 appropriation: Provided further, That the Secretary shall, 16 after deducting $10,571,000 and administrative expenses, 17 apportion the amount provided herein in the following 18 manner: (1) to the District of Columbia and to the Com19 monwealth of Puerto Rico, each a sum equal to not more 20 than one-half of 1 percent thereof; and (2) to Guam, 21 American Samoa, the United States Virgin Islands, and 22 the Commonwealth of the K orthern Mariana Islands, each 23 a sum equal to not more than one-fourth of 1 percent 24 thereof: Provided further, rrhat the Secretary shall appor25 tion the remaining amount in the following manner: (1) February 7, 2019 (2:52 p.m.) L':\2019CO~F\DiYE-INT.xml SEN. APPRO. 12 1 one-third of which is based on the ratio to which the land 2 area of such State bears to the total land area of all such 3 States; and (2) two-thirds of which is based on the ratio 4 to which the population of such State bears to the total 5 population of all such States: Provided further, That the 6 amounts apportioned under this paragTaph shall be ad- 7 justed equitably so that no State shall be apportioned a 8 sum which is less than 1 percent of the amount available 9 for apportionment under this paragraph for any fiscal year 10 or more than 5 percent of such amount: Provided further, 11 That the Federal share of planning grants shall not exceed 12 75 percent of the total costs of such projects and the Fed13 eral share of implementation grants shall not exceed 65 14 percent of the total costs of such projects: Provided fur15 ther, That the non-Federal share of such projects may not 16 be derived from J1..,ederal grant programs: Provided further, 17 That any amount apportioned in 2019 to any State, terri- 18 tory, or other jurisdiction that remains unobligated as of 19 September 30, 2020, shall be reapportioned, together with 20 funds appropriated in 2021, in the manner provided here- 21 m. 22 ADl\IINISTRATIVE PROVISI01\'"S 23 (INCLUDI)JG RESCISSION OF FUNDS) 24 'rI1e United States Fish and Wildlife Service may 25 carry out the operations of Service programs by direct ex- February 7, 2019 (2:52 p.m.) L :\2019CO ~F\DiYE-l~T .xml SEN. ,1-\PPRO. 13 1 penditure, contracts, grants, cooperative agreements and 2 reimbursable agTeements with public and private entities. 3 Appropriations and funds available to the United States 4 Fish and \Vildlife Service shall be available for repair of 5 damage to public roads within and adjacent to reservation 6 areas caused by operations of the Service; options for the 7 purchase of land at not to exceed $1 for each option; facili8 ties incident to such public recreational uses on conserva- 9 tion areas as are consistent with their primary purpose; 10 and the maintenance and improvement of aquaria, build11 ings, and other facilities under the jurisdiction of the Serv- 12 ice and to which the United States has title, and which 13 are used pursuant to law in connection with management, 14 and investigation of fish and wildlife resources: Provided, 15 That notwithstanding 44 U.S.C. 501, the Service may, 16 under cooperative cost sharing and partnership arrange17 ments authorized by law, procure printing services from 18 cooperators in connection with jointly produced publica19 tions for which the cooperators share at least one-half the 20 cost of printing either in cash or services and the Service 21 determines the cooperator is capable of meeting accepted 22 quality standards: Provided further, rrhat the Service may 23 accept donated aircraft as replacements for existing air24 craft: Provided further, That notwithstanding 31 U.S.C. 25 3302, all fees collected for non-toxic shot review and ap- February 7, 2019 (2:52 p.m.) U:\2019COKF\DivE-IN'I'.:\,nl SEN. APPRO. 14 1 proval shall be deposited under the heading ''United 2 States Fish and ··wildlife Service-Resource Management'' 3 and shall be available to the Secretary, ·without further 4 appropriation, to be used for expenses of processing of 5 such non-toxic shot type or coating applications and revis6 ing regulations as necessary, and shall remain available 7 until expended. 8 Of the unobligated balances available for grants 9 under Public Law 109-58, title III, subtitle G, section 10 384, $15,000,000 is permanently rescinded: Provided, 11 That no amounts may be rescinded from amounts that 12 were designated by the CongTess as an emergency require13 ment pursuant to the Concurrent Resolution on the Budg14 et or the Balanced Budget and Emergency Deficit Control 15 Act of 1985. 16 NATIONAL PARK SERVICE 17 OPERATION OF THE :\fATIONAL PARK SYSTEM 18 For expenses necessary for the management, oper- 19 ation, and maintenance of areas and facilities adminis20 tered by the National Park Service and for the general 21 administration of the National Park Service, 22 $2,502,711,000, of which $10,032,000 for planning and 23 interagency coordination in support of Everglades restora24 tion and $135,980,000 for maintenance, repair, or reha25 bilitation February 7, 2019 (2:52 p.m.) projects for constructed assets and e:\2019COKF\DiYE-INT.xml SE~. APPRO. 15 1 $151,575,000 for cyclic maintenance projects for con2 structed assets and cultural resources shall remain avail3 able until September 30, 2020: Provided, That funds ap4 propriated under this heading in this Act are available for 5 the purposes of section 5 of Public Law 95-348: Provided 6 further, That notwithstanding section 9(a) of the United 7 States Semiquincentennial Commission Act of 2016 (Pub8 lie Law 114-196; 130 Stat. 691), $500,000 of the funds 9 made available under this heading shall be provided to the 10 organization selected under section 9(b) of that Act for 11 expenditure by the United States Semiquincentennial 12 Commission in accordance with that Act. 13 14 -:\i'ATIONAL RECREATION Ai"'\"D PRESERVATION For expenses necessary to carry out recreation pro- 15 grams, natural programs, cultural programs, heritage 16 partnership programs, environmental compliance and re17 view, international park affairs, and grant administration, 18 not otherwise provided for, $64,138,000. 19 20 HISTORIC PRESERV.ATIOK FUND For eA'Penses necessary in carrying out the National 21 Historic Preservation Act (division A of subtitle III of title 22 54, United States Code), $102,660,000, to be derived 23 from the Historic Preservation Fund and to remain avail24 able until September 30, 2020, of which $13,000,000 shall 25 be for Save America's '.I.1reasures grants for preservation February 7, 2019 (2:52 p.m.) U :\2019CONF\DivE-IN'l'.xrnl SEN. APPRO. 16 1 of national significant sites, structures and artifacts as au- 2 thorized by section 7303 of the Omnibus Public Land 3 Management Act of 2009 (54 U.S.C. 3089): Provided, 4 'l1hat an individual Save America's Treasures grant shall 5 be matched by non-Federal funds: Provided further, rrhat 6 individual projects shall only be eligible for one grant: Pro7 vided further, That all projects to be funded shall be ap8 proved by the Secretary of the Interior in consultation 9 with the House and Senate Committees on Appropria10 tions: Provided further, That of the funds provided for the 11 Historic Preservation Fund, $750,000 is for competitive 12 grants for the survey and nomination of properties to the 13 National Register of Historic Places and as National His14 toric Landmarks associated with communities currently 15 under-represented, as determined by the Secretary, 16 $14,500,000 is for competitive grants to preserve the sites 17 and stories of the Civil Rights movement, $8,000,000 is 18 for grants to Historically Black Colleges and Universities, 19 and $5,000,000 is for competitive grants for the restora20 tion of historic properties of national, State and local sig21 nificance listed on or eligible for inclusion on the National 22 Register of Historic Places, to be made ,vithout imposing 23 the usage or direct gTant restrictions of section 10l(e)(3) 24 (54 U.S.C. 302904) of the National Historical Preserva25 tion Act: Provided further, That such competitive grants February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CONF\DivE-INT.xrnl 17 1 shall be made ·without imposing the matching reqmre2 ments in section 302902(b)(3) of title 54, United States 3 Code, to States and Indian tribes as defined in chapter 4 3003 of such title, Native Hawaiian organizations, local 5 governments, including Certified Local Governments, and 6 non-profit organizations. 7 8 CONSTRUCTION For construction, improvements, repair, or replace- 9 ment of physical facilities, and compliance and planning 10 for programs and areas administered by the National 11 Park Service, $364,704,000, to remain available until ex12 pended: Provided, That notwithstanding any other provi- 13 sion of law, for any project initially funded in fiscal year 14 2019 with a future phase indicated in the National Park 15 Service 5-Year Line Item Construction Plan, a single pro- 16 curement may be issued which includes the full scope of 17 the project: Provided further, That the solicitation and 18 contract shall contain the clause availability of funds 19 found at 48 CFR 52.232-18: Provided further, That Na20 tional Park Service Donations, Park Concessions Fran21 chise Fees, and Recreation Fees may be made available 22 for the cost of adjustments and changes within the origi23 nal scope of effort for projects funded by the National 24 Park Service Construction appropriation: Provided further, 25 ':l1hat the Secretary of the Interior shall consult with the February 7, 2019 (2:52 p.m.) l::\2019CONF\DiYE-I~T.1._1nl SEN. APPRO. 18 1 Committees on Appropriations, in accordance with current 2 reprogramming thresholds, prior to making any charges 3 authorized by this section. 4 5 LAND ACQUISITION AND STATE ASSISTANCE For expenses necessary to carry out chapter 2003 of 6 title 54, United States Code, including administrative ex- 7 penses, and for acquisition of lands or waters, or interest 8 therein, in accordance ·with the statutory authority appli9 cable to the National Park Service, $168,444,000, to be 10 derived from the Land and "\\Tater Conservation Fund and 11 to remain available until expended, of which $124,006,000 12 is for the State assistance program and of which 13 $10,000,000 shall be for the American Battlefield Protec14 tion Program grants as authorized by chapter 3081 of title 15 54, United States Code. 16 17 CENTENNIAL CHALLEN"GE For expenses necessary to carry out the provis10ns 18 of section 101701 of title 54, United States Code, relating 19 to challenge cost share agreements, $20,000,000, to re20 main available until expended, for Centennial Challenge 21 projects and progTams: Provided, 'I1hat not less than 50 22 percent of the total cost of each project or progTam shall 23 be derived from non-Federal sources in the form of do24 nated cash, assets, or a pledge of donation guaranteed by 25 an irrevocable letter of credit. February 7, 2019 (2:52 p.m.) U:\2019CO:\TF\DivE-IKT.xml SE:\!. APPRO. 19 1 ADl\IINISTRATIVE PROVISIONS 2 (INCLUDING TRANSFER OF FUNDS) 3 In addition to other uses set forth m section 4 101917(c)(2) of title 54, United States Code, franchise 5 fees credited to a sub-account shall be available for ex6 penditure by the Secretary, ·without further appropriation, 7 for use at any unit \\ 1.thin the National Park System to 1 8 extinguish or reduce liability for Possessory Interest or 9 leasehold surrender interest. Such funds may only be used 10 for this purpose to the extent that the benefitting unit an11 ticipated franchise fee receipts over the term of the con12 tract at that unit exceed the amount of funds used to ex13 tinguish or reduce liability. Franchise fees at the benefit14 ting unit shall be credited to the sub-account of the origi- 15 nating unit over a period not to exceed the term of a single 16 contract at the benefitting unit, in the amount of funds 17 so expended to extinguish or reduce liability. 18 For the costs of administration of the Land and 19 Water Conservation Fund grants authorized by section 20 105(a)(2)(B) of the Gulf of 1\/[exico Energy Security Act 21 of 2006 (Public Law 109-432), the National Park Service 22 may retain up to 3 percent of the amounts which are au- 23 thorized to be disbursed under such section, such retained 24 amounts to remain available until expended. February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKF\DiYE-I~'l'.xrnl 20 1 National Park Service funds may be transferred to 2 the Federal Highway Administration (FHWA), Depart3 ment of Transportation, for purposes authorized under 23 4 U.S.C. 204. rrransfers may include a reasonable amount 5 for FHWA administrative support costs. 6 UNITED STATES GEOLOGICAL SURYEY 7 SURVEYS, INVESTIGATIONS, AND RESEARCH 8 For expenses necessary for the United States Geo- 9 logical Survey to perform surveys, investigations, and re- l O search covering topography, geology, hydrology, biology, 11 and the mineral and water resources of the United States, 12 its territories and possessions, and other areas as author- 13 ized by 43 U.S.C. 31, 1332, and 1340; classify lands as 14 to their mineral and water resources; give engineering su- 15 pervision to power permittees and Federal Energy Regu16 latory Commission licensees; administer the minerals ex17 ploration program (30 U.S.C. 641); conduct inquiries into 18 the economic conditions affecting mining and materials 19 processing industries (30 U.S.C. 3, 21a, and 1603; 50 20 U.S.C. 98g(l)) and related purposes as authorized by law; 21 and to publish and disseminate data relative to the fore- 22 going activities; $1,160,596,000, to remain available until 23 September 30, 2020; of which $84,337,000 shall remain 24 available until expended for satellite operations; and of 25 which $15,164,000 shall be available until expended for February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CONF\DivE-INT.xml 21 1 deferred maintenance and capital improvement projects 2 that exceed $100,000 in cost: Provided, That none of the 3 funds provided for the ecosystem research activity shall 4 be used to conduct new surveys on private property, unless 5 specifically authorized in ·writing by the property owner: 6 Provided further, That no part of this appropriation shall 7 be used to pay more than one-half the cost of topographic 8 mapping or water resources data collection and investiga9 tions carried on in cooperation with States and municipali- 10 ties. 11 12 ADl\IINISTRATIVE PROVISIONS From ·within the amount appropriated for activities 13 of the United States Geological Survey such sums as are 14 necessary shall be available for contracting for the fur15 nishing of topographic maps and for the making of geo16 physical or other specialized surveys when it is administra- 17 tively determined that such procedures are in the public 18 interest; construction and maintenance of necessary build- 19 ings and appurtenant facilities; acquisition of lands for 20 gauging stations, observation wells, and seismic equip21 ment; expenses of the United States National Committee 22 for Geological Sciences; and payment of compensation and 23 expenses of persons employed by the Survey duly ap24 pointed to represent the United States in the negotiation 25 and administration of interstate compacts: Provided, That February 7, 2019 (2:52 p.m.) SEN. APPRO. l':\2019CO~F\DivE-INT.xml 22 1 activities funded by appropriations herein made may be 2 accomplished through the use of contracts, grants, or co3 operative agreements as defined in section 6302 of title 4 31, United States Code: Provided further, 'fhat the United 5 States Geological Survey may enter into contracts or coop6 erative agreements directly with individuals or indirectly 7 with institutions or nonprofit organizations, without re8 gard to 41 U.S.C. 6101, for the temporary or intermittent 9 services of students or recent graduates, who shall be con10 sidered employees for the purpose of chapters 5 7 and 81 11 of title 5, United States Code, relating to compensation 12 for travel and work injuries, and chapter 171 of title 28, 13 United States Code, relating to tort claims, but shall not 14 be considered to be Federal employees for any other pur15 poses. 16 BUREAU OF 0CEAl~ ENERGY MANAGE:;\IENT 17 OCEAN ENERGY l\IAXAGEMENrr 18 :B-,or expenses necessary for granting and admin- 19 istering leases, easements, rights-of-way and agreements 20 for use for oil and gas, other minerals, energy, and ma21 rine-related purposes on the Outer Continental Shelf and 22 approving operations related thereto, as authorized by law; 23 for environmental studies, as authorized by law; for imple24 menting other laws and to the extent provided by Prcsi25 dential or Secretarial delegation; and for matching grants February 7, 2019 (2:52 p.m.) SEK. APPRO. U: \2019CO ~F\DivB-IKT .xml 23 1 or cooperative agreements, $179,266,000, of which 2 $129,450,000 is to remain available until September 30, 3 2020, and of which $49,816,000 is to remain available 4 until expended: Provided, rrhat this total appropriation 5 shall be reduced by amounts collected by the Secretary 6 and credited to this appropriation from additions to re- 7 ceipts resulting from increases to lease rental rates in ef8 feet on August 5, 1993, and from cost recovery fees from 9 activities conducted by the Bureau of Ocean Energy Man- 10 agement pursuant to the Outer Continental Shelf Lands 11 Act, including studies, assessments, analysis, and miscella12 neous administrative activities: Provided further, That the 13 sum herein appropriated shall be reduced as such collec14 tions are received during the fiscal year, so as to result 15 in a final fiscal year 2019 appropriation estimated at not 16 more than $129,450,000: Provided further, That not to 17 exceed $3,000 shall be available for reasonable expenses 18 related to promoting volunteer beach and marine cleanup 19 activities. 20 BUREAU OF SAFETY AND ENVIRON1VIE~TAL 21 ENFORCEMENT 22 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCE:;\IIENT 23 ]--,or expenses necessary for the regulation of oper- 24 ations related to leases, easements, rights-of-way and 25 agreements for use for oil and gas, other minerals, energy, February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DivE-INT.xml 24 1 and marine-related purposes on the Outer Continental 2 Shelf, as authorized by law; for enforcing and imple3 menting laws and regulations as authorized by law and 4 to the extent provided by Presidential or Secretarial dele5 gation; and for matching grants or cooperative agTee6 ments, $145,475,000, of which $121,351,000 is to remain 7 available until September 30, 2020, and of which 8 $24,124,000 is to remain available until expended: Pro9 vided, r.rhat this total appropriation shall be reduced by 10 amounts collected by the Secretary and credited to this 11 appropriation from additions to receipts resulting from in12 creases to lease rental rates in effect on August 5, 1993, 13 and from cost recovery fees from activities conducted by 14 the Bureau of Safety and Environmental Enforcement 15 pursuant to the Outer Continental Shelf Lands Act, in16 eluding studies, assessments, analysis, and miscellaneous 17 administrative activities: Provided further, That the sum 18 herein appropriated shall be reduced as such collections 19 are received during the fiscal year, so as to result in a 20 final fiscal year 2019 appropriation estimated at not more 21 than $121,351,000. 22 For an additional amount, $41,765,000, to remam 23 available until expended, to be reduced by amounts col24 lected by the Secretary and credited to this appropriation, 25 which shall be derived from non-refundable inspection fees February 7, 2019 (2:52 p.m.) U :\2019CO NP\DiYE-INT .xml SEN. APPRO. 25 1 collected in fiscal year 2019, as provided in this Act: Pro2 vided, That to the extent that amounts realized from such 3 inspection fees exceed $41,765,000, the amounts realized 4 in excess of $41,765,000 shall be credited to this appro5 priation and remain available until expended: Provided 6 further, That for fiscal year 2019, not less than 50 percent 7 of the inspection fees expended by the Bureau of Safety 8 and Environmental Enforcement will be used to fund per9 sonnel and mission-related costs to expand capacity and 10 expedite the orderly development, subject to environmental 11 safeguards, of the Outer Continental Shelf pursuant to the 12 Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 13 seq.), including the review of applications for permits to 14 drill. 15 16 OIL SPILL RESEARCH For necessary expenses to carry out title I, section 17 1016, title IV, sections 4202 and 4303, title VII, and title 18 VIII, section 8201 of the Oil Pollution Act of 1990, 19 $14,899,000, which shall be derived from the Oil Spill Li- 20 ability Trust Fund, to remain available until expended. 21 OFFICE OF SURFACE MINING RECLAlVIATION AND 22 ENFORCEl\IENT 23 REGULATION A..~D TECHNOLOGY 24 For necessary expenses to cany out the provis10ns 25 of the Surface Mining Control and Reclamation Act of February 7, 2019 (2:52 p.m.) SEK APPRO. U:\2019CO~F\DivE-I~'l'.xrnl 26 1 1977, Public Law 95-87, $115,804,000, to remain avail2 able until September 30, 2020: Provided, rrhat appropria3 tions for the Office of Surface lV[ining Reclamation and 4 Enforcement may provide for the travel and per diem ex- 5 penses of State and tribal personnel attending Office of 6 Surface 1\1:ining Reclamation and Enforcement sponsored 7 training: Provided further, 'l1hat of the amounts made 8 available under this heading and notwithstanding the Fed9 eral share limits contained in section 705 of the Surface 10 l\1ining Control and Reclamation Act of 1977 (30 U.S.C. 11 1295), not to exceed $2,300,000 shall be for the Secretary 12 of the Interior to make grants to any State with active 13 coal mine operations within its borders that does not have 14 an approved State regulatory program under section 503 15 of the Surface Mining Control and Reclamation Act of 16 1977 (30 U.S.C. 1253) for the purpose of developing a 17 State program under such Act. 18 In addition, for costs to review, administer, and en- 19 force permits issued by the Office pursuant to section 507 20 of Public Law 95-87 (30 U.S.C. 1257), $40,000, to re21 main available until expended: Provided, That fees as22 sessed and collected by the Office pursuant to such section 23 507 shall be credited to this account as discretionary off24 setting collections, to remain available until expended: 25 Provided further, That the sum herein appropriated from February 7, 2019 (2:52 p.m.) SEN. APPRO. L':\2019CONF\DivE-INT.xml 27 1 the general fund shall be reduced as collections are re- 2 ceived during the fiscal year, so as to result in a fiscal 3 year 2019 appropriation estimated at not more than 4 $115,804,000. 5 6 ABANDONED 1'IINE RECLAlVIATION FUND For necessary expenses to carry out title IV of the 7 Surface Mining Control and Reclamation Act of 1977, 8 Public Law 95-87, $24,672,000, to be derived from re9 ceipts of the Abandoned Mine Reclamation Fund and to 10 remain available until expended: Provided, That pursuant 11 to Public Law 97-365, the Department of the Interior is 12 authorized to use up to 20 percent from the recovery of 13 the delinquent debt owed to the United States Government 14 to pay for contracts to collect these debts: Provided fur15 ther, That funds made available under title IV of Public 16 Law 95-87 may be used for any required non-Federal 17 share of the cost of projects funded by the Federal Gov18 ernment for the purpose of environmental restoration re19 lated to treatment or abatement of acid mine drainage 20 from abandoned mines: Provided further, rrhat such 21 projects must be consistent with the purposes and prior22 ities of the Surface Mining Control and Reclamation Act: 23 Provided further, That amounts provided under this head24 ing may be used for the travel and per diem expenses of February 7, 2019 (2:52 p.m.) -C:\2019CO~F\DiYE-INT.xrnl SEN. APPRO. 28 1 State and tribal personnel attending Office of Surface 2 Mining Reclamation and Enforcement sponsored training. 3 In addition, $115,000,000, to remain available until 4 expended, for grants to States and federally recognized In5 dian Tribes for reclamation of abandoned mine lands and 6 other related activities in accordance with the terms and 7 conditions in the joint explanatory statement accom8 panying this Act: Provided, rrhat such additional amount 9 shall be used for economic and community development 10 in conjunction with the priorities in section 403(a) of the 11 Surface Mining Control and Reclamation Act of 1977 (30 12 U.S.C. 1233(a)): Provided further, That of such additional 13 amount, $75,000,000 shall be distributed in equal 14 amounts to the 3 Appalachian States with the greatest 15 amount of unfunded needs to meet the priorities described 16 in paragraphs (1) and (2) of such section, $30,000,000 17 shall be distributed in equal amounts to the 3 Appalachian 18 States ·with the subsequent greatest amount of unfunded 19 needs to meet such priorities, and $10,000,000 shall be 20 for grants to federally recognized Indian rrribes without 21 regard to their status as certified or uncertified under the 22 Surface Mining Control and Reclamation Act of 1977 (30 23 U.S.C. 1233(a)), for reclamation of abandoned mine lands 24 and other related activities in accordance with the terms 25 and conditions in the joint explanatory statement accom- February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DivE-IK'l'.xrnl 29 1 panying this Act and shall be used for economic and com- 2 munity development in conjunction with the priorities in 3 section 403(a) of the Surface _Mining Control and Rec4 lamation Act of 1977: Provided further, That such addi5 tional amount shall be allocated to States and Indian 6 Tribes within 60 days after the date of enactment of this 7 Act. 8 BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIA.'J 9 EDUCATION 10 OPERATION OF INDIA.'J PROGRAMS 11 (INCLUDING TRANSFER OF FUNDS) 12 For expenses necessary for the operation of Indian 13 programs, as authorized by law, including the Snyder Act 14 of :t\ovember 2, 1921 (25 U.S.C. 13), the Indian Self-De15 termination and Education Assistance Act of 1975 (25 16 U.S.C. 5301 et seq.), the Education Amendments of 1978 17 (25 U .S.C. 2001-2019), and the Tribally Controlled 18 Schools Act of 1988 (25 U.S.C. 2501 et seq.), 19 $2,414,577,000, to remain available until September 30, 20 2020, except as otherwise provided herein; of which not 21 to exceed $8,500 may be for official reception and rep- 22 resentation expenses; of which not to exceed $76,000,000 23 shall be for welfare assistance payments: Provided, That 24 in cases of designated Federal disasters, the Secretary 25 may exceed such cap, from the amounts provided herein, February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DiYE-IKT.xml 30 1 to provide for disaster relief to Indian communities af2 fected by the disaster: Provided further, That federally rec3 ognized Indian tribes and tribal organizations of federally 4 recognized Indian tribes may use their tribal priority allo- 5 cations for unmet welfare assistance costs: Provided fur6 ther, That not to exceed $683,572,000 for school oper- 7 ations costs of Bureau-funded schools and other education 8 progTams shall become available on July 1, 2019, and 9 shall remain available until September 30, 2020: Provided 10 further, That not to exceed $55,174,000 shall remain 11 available until expended for housing improvement, road 12 maintenance, attorney fees, litigation support, land 13 records improvement, and the Navajo-Hopi Settlement 14 Program: Provided further, That notwithstanding any 15 other provision of law, including but not limited to the 16 Indian Self-Determination Act of 1975 (25 U.S.C. 5301 17 et seq.) and section 1128 of the Education Amendments 18 of 1978 (25 U.S.C. 2008), not to exceed $82,935,000 19 within and only from such amounts made available for 20 school operations shall be available for administrative cost 21 grants associated with grants approved prior to July 1, 22 2019: Provided further, That any forestry funds allocated 23 to a federally recognized tribe which remain unobligated 24 as of September 30, 2020, may be transferred during fis25 cal year 2021 to an Indian forest land assistance account February 7, 2019 (2:52 p.m.) SE~. APPRO. T.::\2019CO~F\DivE-INT.xrnl 31 1 established for the benefit of the holder of the funds within 2 the holder's trust fund account: Provided further, That 3 any such unobligated balances not so transferred shall ex4 pirc on September 30, 2021: Provided further, rrhat in 5 order to enhance the safety of Bureau field employees, the 6 Bureau may use funds to purchase uniforms or other iden7 tifying articles of clothing for personnel: Provided further, 8 That the Bureau of Indian Affairs may accept transfers 9 of funds from U.S. Customs and Border Protection to 10 supplement any other funding available for reconstruction 11 or repair of roads owned by the Bureau of Indian Affairs 12 as identified on the National Tribal Transportation Facil13 ity Inventory, 23 U.S.C. 202(b)(l). 14 15 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for 16 contract support costs associated with Indian Self-Deter17 mination and Education Assistance Act agreements -with 18 the Bureau of Indian Affairs for fiscal year 2019, such 19 sums as may be necessary, which shall be available for 20 obligation through September 30, 2020: Provided, That 21 not,vithstanding any other provision of law, no amounts 22 made available under this heading shall be available for 23 transfer to another budget account. February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-INT.xml SEN. APPRO. 32 1 CONSTRUCTION 2 (IKCLUDING TRANSFER OF FUNDS) 3 For construction, repair, improvement, and rnainte- 4 nance of irrigation and power systems, buildings, utilities, 5 and other facilities, including architectural and engineer6 ing services by contract; acquisition of lands, and interests 7 in lands; and preparation of lands for farming, and for 8 construction of the Navajo Indian Irrigation Project pur9 suant to Public Law 87-483; $358,719,000, to remain 10 available until expended: Provided, That such amounts as 11 may be available for the construction of the Navajo Indian 12 Irrigation Project may be transferred to the Bureau of 13 Reclamation: Provided further, That not to exceed 6 per14 cent of contract authority available to the Bureau of In15 dian Affairs from the Federal Highway Trust Fund may 16 be used to cover the road program management costs of 17 the Bureau: Provided further, That any funds provided for 18 the Safety of Darns program pursuant to the Act of No19 vernber 2, 1921 (25 U.S.C. 13), shall be made available 20 on a nonreirnbursable basis: Provided further, That for fis21 cal year 2019, in implementing new construction, replace- 22 rnent facilities construction, or facilities improvement and 23 repair project grants in excess of $100,000 that are pro24 vided to gTant schools under Public Law 100-297, the 25 Secretary of the Interior shall use the Administrative and February 7, 2019 (2:52 p.m.) Slnated operator for fa24 cilities subject to inspection under 43 U.S.C. 1348(c). February 7, 2019 (2:52 p.m.) U:\2019COKF\DivE-INT.:,m1l SEN. APPRO. 59 1 (b) Annual fees shall be collected for facilities that 2 are above the waterline, excluding drilling rigs, and are 3 in place at the start of the fiscal year. Fees for fiscal year 4 2019 shall be: 5 6 (1) $10,500 for facilities with no wells, but with processing equipment or gathering lines; 7 (2) $17,000 for facilities with 1 to 10 wells, 8 ,vith any combination of active or inactive wells; and 9 (3) $31,500 for facilities with more than 10 10 wells, with any combination of active or inactive 11 wells. 12 (c) Fees for drilling rigs shall be assessed for all in- 13 spections completed in fiscal year 2019. Fees for fiscal 14 year 2019 shall be: 15 16 17 (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 18 water depths of less than 500 feet. 19 (d) The Secretary shall bill designated operators 20 under subsection (b) ,vithin 60 days, with payment re21 quired within 30 days of billing. The Secretmy shall bill 22 designated operators under subsection (c) within 30 days 23 of the end of the month in which the inspection occurred, 24 with payment required within 30 days of billing. February 7, 2019 (2:52 p.m.) U:\2019CONJ,'\DivE-INT.xml SEN. APPRO. 60 1 BUREAU OF OCEAN ENERGY l\IANAGEMENT, REGULATION 2 AND ENFORCEl\IE~T REORGANIZATION 3 SEC. 108. The Secretary of the Interior, in order to 4 implement a reorganization of the Bureau of Ocean En- 5 ergy Management, Regulation and Enforcement, may 6 transfer funds among and between the successor offices 7 and bureaus affected by the reorganization only in con8 formance with the reprogramming guidelines described in 9 the joint explanatory statement accompanying this Act. 10 CONTRACTS AND AGREEMENTS FOR \VILD HORSE AND 11 BURRO HOLDING FACILITIES 12 SEC. 109. Notwithstanding any other provis10n of 13 this Act, the Secretary of the Interior may enter into 14 multiyear cooperative agreements with nonprofit organiza15 tions and other appropriate entities, and may enter into 16 multiyear contracts in accordance with the provisions of 17 section 3903 of title 41, United States Code (except that 18 the 5-year term restriction in subsection (a) shall not 19 apply), for the long-term care and maintenance of excess 20 wild free roaming horses and burros by such organizations 21 or entities on private land. Such cooperative agreements 22 and contracts may not exceed 10 years, subject to renewal 23 at the discretion of the Secretary. February 7, 2019 (2:52 p.m.) U:\2019CONF\Divl...rpenses to carry out leaking under- 14 ground storage tank cleanup activities authorized by sub15 title I of the Solid Waste Disposal Act, $91,941,000, to 16 remain available until expended, of which $66,572,000 17 shall be for carrying out leaking underground storage tank 18 cleanup activities authorized by section 9003(h) of the 19 Solid Waste Disposal Act; $25,369,000 shall be for car20 rying out the other provisions of the Solid Waste Disposal 21 Act specified in section 9508(c) of the Internal Revenue 22 Code: Provided, That the Administrator is authorized to 23 use appropriations made available under this heading to 24 implement section 9013 of the Solid Waste Disposal Act 25 to provide financial assistance to federally recognized In- February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CON1'"\DiYE-I~T.x:ml 73 1 dian tribes for the development and implementation of 2 programs to manage underground storage tanks. 3 4 lNT.lfu"l"D OIL SPILL PROGRAlVIS For expenses necessary to carry out the Environ- 5 mental Protection Agency's responsibilities under the Oil 6 Pollution Act of 1990, $18,209,000, to be derived from 7 the Oil Spill Liability trust fund, to remain available until 8 expended. 9 10 STATE AND TRIBAL ASSISTANCE GRANTS For environmental programs and infrastructure as- 11 sistance, including capitalization grants for State revolv12 mg funds and performance partnership grants, 13 $3,605,041,000, to remain available until expended, of 14 which15 (1) $1,394,000,000 shall be for making capital- 16 ization grants for the Clean Water State Revolving 17 Funds under title VI of the Federal Water Pollution 18 Control Act; and of which $864,000,000 shall be for 19 making capitalization grants for the Drinking Water 20 State Revolving Funds under section 1452 of the 21 Safe Drinking Water Act: Provided, That for fiscal 22 year 2019, to the extent there are sufficient eligible 23 project applications and projects are consistent with 24 State Intended Use Plans, not less than 10 percent 25 of the funds made available under this title to each February 7, 2019 (2:52 p.m.) SEN. APPRO. "C :\2019CO~F\DiYE-I~'l'.xml 74 1 State for Clean Vvater State Revolving Fund capital- 2 ization grants shall be used by the State for projects 3 to address gTeen infrastructure, water or energy effi- 4 ciency improvements, or other environmentally inno- 5 vative activities: Provided further, That for fiscal 6 year 2019, funds made available under this title to 7 each State for Drinking Water State Revolving 8 Fund capitalization grants may, at the discretion of 9 each State, be used for projects to address green in- 10 frastructure, water or energy efficiency improve- 11 ments, or other environmentally innovative activities: 12 Provided further, 13 603(d)(7) of the Federal Water Pollution Control 14 Act, the limitation on the amounts in a State water 15 pollution control revolving fund that may be used by 16 a State to administer the fund shall not apply to 17 amounts included as principal in loans made by such 18 fund in fiscal year 2019 and prior years where such 19 amounts represent costs of administering the fund 20 to the extent that such amounts are or were deemed 21 reasonable by the Administrator, accounted for sepa- 22 rately from other assets in the fund, and used for 23 eligible purposes of the fund, including administra- 24 tion: Provided further, That for fiscal year 2019, 25 notwithstanding the provisions of subsections (g) (1), February 7, 2019 (2:52 p.m.) That notwithstanding section U:\2019CONF\DiYE-l~T.xml SEX APPRO. 75 1 (h), and (1) of section 201 of the ]?ederal Water Pol- 2 lution Control Act, grants made under title II of 3 such Act for American Samoa, Guam, the common- 4 wealth of the K orthern lVIarianas, the United States 5 Virgin Islands, and the District of Columbia may 6 also be made for the purpose of providing assistance: 7 (1) solely for facility plans, design activities, or 8 plans, specifications, and estimates for any proposed 9 project for the construction of treatment works; and 10 (2) for the construction, repair, or replacement of 11 privately owned treatment works serving one or 12 more principal residences or small commercial estab- 13 lishments: Provided further, That for fiscal year 14 2019, notwithstanding the provisions of such sub- 15 sections (g)(l), (h), and (1) of section 201 and sec- 16 tion 518(c) of the Federal Water Pollution Control 17 Act, funds reserved by the Administrator for grants 18 under section 518(c) of the Federal Water Pollution 19 Control Act may also be used to provide assistance: 20 (1) solely for facility plans, design activities, or 21 plans, specifications, and estimates for any proposed 22 project for the construction of treatment works; and 23 (2) for the construction, repair, or replacement of 24 privately owned treatment works serving one or 25 more principal residences or small commercial estab- February 7, 2019 (2:52 p.m.) e:\2019COKl<'\DiYE-IK1'.xml SEN. APPRO. 76 1 lishments: Provided further, That for fiscal year 2 2019, notwithstanding any provision of the Federal 3 Water Pollution Control Act and regulations issued 4 pursuant thereof, up to a total of $2,000,000 of the 5 funds reserved by the Administrator for grants 6 under section 518 (c) of such Act may also be used 7 for grants for training, technical assistance, and 8 educational programs relating to the operation and 9 management of the treatment works specified in sec- 10 tion 518(c) of such Act: Provided further, That for 11 fiscal year 2019, funds reserved under section 12 518(c) of such Act shall be available for grants only 13 to Indian tribes, as defined in section 518(h) of such 14 Act and former Indian reservations in Oklahoma (as 15 determined by the Secretary of the Interior) and Na- 16 tive Villages as defined in Public Law 92-203: Pro- l7 vided further, rrhat for fiscal year 2019, notwith- 18 standing the limitation on amounts in section 518(c) 19 of the Federal Water Pollution Control Act, up to a 20 total of 2 percent of the funds appropriated, or 21 $30,000,000, whichever is greater, and notwith- 22 standing the limitation on amounts in section 23 1452(i) of the Safe Drinking Water Act, up to a 24 total of 2 percent of the funds appropriated, or 25 $20,000,000, whichever is greater, for State Revolv- February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-It,;'l'.xrnl SEN. APPRO. 77 1 ing Funds under such Acts may be reserved by the 2 Administrator for grants under section 518(c) and 3 section 1452(i) of such Acts: Provided further, That 4 for fiscal year 2019, notwithstanding the amounts 5 specified in section 205(c) of the Federal Water Pol- 6 lution Control Act, up to 1. 5 percent of the aggre- 7 gate funds appropriated for the Clean Water State 8 Revolving Fund program under the Act less any 9 sums reserved under section 518 (c) of the Act, may 10 be reserved by the Administrator for grants made 11 under title II of the Federal Water Pollution Control 12 Act for American Samoa, Guam, the Commonwealth 13 of the Northern Marianas, and United States Virgin 14 Islands: Provided further, That for fiscal year 2019, 15 notwithstanding the limitations on amounts specified 16 in section 1452(j) of the Safe Drinking Water Act, 17 up to 1.5 percent of the funds appropriated for the 18 Drinking Water State Revolving J1'und programs 19 under the Safe Drinking Water Act may be reserved 20 by the Administrator for grants made under section 21 1452(j) of the Safe Drinking Water Act: Provided 22 further, 'I1hat 10 percent of the funds made available 23 under this title to each State for Clean Water State 24 Revolving Fund capitalization grants and 20 percent 25 of the funds made available under this title to each February 7, 2019 (2:52 p.m.) U:\2019C0I\l<..,\DiYE-I~T.xrnl SEX APPRO. 78 1 State for Drinking 'lvater State Revolving Fund cap- 2 italization grants shall be used by the State to pro- 3 vide additional subsidy to eligible recipients in the 4 form of forgiveness of principal, negative interest 5 loans, or grants (or any combination of these), and 6 shall be so used by the State only where such funds 7 are provided as initial financing for an eligible re- 8 cipient or to buy, refinance, or restructure the debt 9 obligations of eligible recipients only where such debt 10 was incurred on or after the date of enactment of 11 this Act, or where such debt was incurred prior to 12 the date of enactment of this Act if the State, ·with 13 concurrence from the Administrator, determines that 14 such funds could be used to help address a threat 15 to public health from heightened exposure to lead in 16 drinking water or if a Federal or State emergency 17 declaration has been issued due to a threat to public 18 health from heightened exposure to lead in a munic- 19 ipal drinking water supply before the date of enact- 20 ment of this Act: Provided further, That in a State 21 in which such an emergency declaration has been 22 issued, the State may use more than 20 percent of 23 the funds made available under this title to the 24 State for Drinking Water State Revolving Fund cap- February 7, 2019 (2:52 p.m.) SEX APPRO. U:\2019CONF\DiYE-I~T.xml 79 1 italization grants to provide additional subsidy to eli- 2 gible recipients; 3 (2) $15,000,000 shall be for architectural, engi- 4 nccring, planning, design, construction and related 5 activities in connection ,vith the construction of high 6 priority water and wastewater facilities in the area 7 of the United States-1\1:exico Border, after consulta- 8 tion ,vith the appropriate border commission: Pro- 9 vided, That no funds provided by this appropriations 10 Act to address the water, wastewater and other crit- 11 ical infrastructure needs of the colonias in the 12 United States along the United States-Mexico bor- 13 der shall be made available to a county or municipal 14 government unless that government has established 15 an enforceable local ordinance, or other zoning rule, 16 which prevents in that jurisdiction the development 17 or construction of any additional colonia areas, or 18 the development ,vithin an existing colonia the con- 19 struction of any new home, business, or other struc- 20 ture which lacks water, wastewater, or other nec- 21 essary infrastructure; 22 (3) $25,000,000 shall be for grants to the State 23 of Alaska to address drinking water and wastewater 24 infrastructure needs of rural and Alaska Native Vil- 25 lages: Provided, That of these funds: (A) the State F&uruary 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-IN'l'.xml SEN ..APPRO. 80 1 of Alaska shall provide a match of 25 percent; (B) 2 no more than 5 percent of the funds may be used 3 for administrative and overhead expenses; and (C) 4 the State of Alaska shall make awards consistent 5 ·with the Statewide priority list established in con- 6 junction ,vith the Agency and the U.S. Department 7 of Agriculture for all water, sewer, waste disposal, 8 and similar projects carried out by the State of Alas- 9 ka that are funded under section 221 of the Federal 10 Water Pollution Control Act (33 U.S.C. 1301) or 11 the Consolidated Farm and Rural Development Act 12 (7 U.S.C. 1921 et seq.) which shall allocate not less 13 than 25 percent of the funds provided for projects 14 in regional hub communities; 15 (4) $87,000,000 shall be to carry out section 16 104(k) of the Comprehensive Environmental Re- 17 sponse, Compensation, and Liability Act of 1980 18 (CERCLA), including grants, interagency agree- 19 ments, and associated program support costs: Pro- 20 vided, That not more than 25 percent of the amount 21 appropriated 22 CERCLA shall be used for site characterization, as- 23 sessment, and remediation of facilities described in 24 section 101(39)(D)(ii)(Il) of CERCLA: Provided 25 further, That at least 10 percent shall be allocated february 7, 2019 (2:52 p.m.) to carry out section 104(k) of U:\2019CONF\DivE-INT.xrnl SEN. APPRO. 81 1 for assistance in persistent poverty counties: Pro- 2 vided further, That for purposes of this section, the 3 term "persistent poverty counties" means any coun- 4 ty that has had 20 percent or more of its population 5 living in poverty over the past 30 years, as measured 6 by the 1990 and 2000 decennial censuses and the 7 most recent Small Area Income and Poverty Esti- 8 mates; 9 10 (5) $87,000,000 shall be for gTants under title VII, subtitle G of the Energy Policy Act of 2005; 11 (6) $52,000,000 shall be for targeted airshed 12 grants in accordance with the terms and conditions 13 in the joint explanatory statement accompanying 14 this Act; 15 (7) $4,000,000 shall be to carry out the water 16 quality program authorized in section 5004(d) of the 17 ,¥ater Infrastructure Improvements for the Nation 18 Act (Public Law 114-322); and 19 (8) $1,077,041,000 shall be for grants, includ- 20 ing associated program support costs, to States, fed- 21 erally recognized tribes, interstate agencies, tribal 22 consortia, and air pollution control agencies for 23 multi-media or single media pollution prevention, 24 control and abatement and related activities, includ- 25 ing activities pursuant to the provisions set forth February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKF\DivE-IN'l'.xrnl 82 1 under this heading in Public Law 104-134, and for 2 making grants under section 103 of the Clean Air 3 Act for particulate matter monitoring and data col- 4 lection activities subject to terms and conditions 5 specified 6 $47,745,000 shall be for carrying out section 128 of 7 CERCLA; $9,646,000 shall be for Environmental 8 Information Exchange Network gTants, including as- 9 sociated program support costs; $1,498,000 shall be 10 for grants to States under section 2007(f)(2) of the 11 Solid Waste Disposal Act, which shall be in addition 12 to funds appropriated under the heading "Leaking 13 Underground Storage Tank Trust Fund Program" 14 to carry out the provisions of the Solid Waste Dis- 15 posal Act specified in section 9508(c) of the Internal 16 Revenue Code other than section 9003(h) of the 17 Solid Waste Disposal Act; $17,848,000 of the funds 18 available for grants under section 106 of the Federal 19 'l{ater Pollution Control Act shall be for State par- 20 ticipation in national- and State-level statistical sur- 21 veys of water resources and enhancements to State 22 monitoring programs; $11,000,000 shall be for mul- 23 tipurpose grants, including interagency agreements. February 7, 2019 (2:52 p.m.) by the Administrator, of which: l;:\2019CONF\Div1'J-INT.xrnl SEK. APPRO. 83 1 WATER INFRAS'rRUCTURE FINANCE AND INNOVATION 2 PROGRAM ACCOUNT 3 For the cost of direct loans and for the cost of guar- 4 anteed loans, as authorized by the Water Infrastructure 5 Finance and Innovation Act of 2014, $5,000,000, to re6 main available until expended: Provided, That such costs, 7 including the cost of modifying such loans, shall be as de8 fined in section 502 of the CongTessional Budget Act of 9 197 4: Provided further, That these funds are available to 10 subsidize gross obligations for the principal amount of di11 rect loans, including capitalized interest, and total loan 12 principal, including capitalized interest, any part of which 13 is to be guaranteed, not to exceed $610,000,000. 14 In addition, fees authorized to be collected pursuant 15 to sections 5029 and 5030 of the \Vater Infrastructure 16 Finance and Innovation Act of 2014 shall be deposited 17 in this account, to remain available until expended. 18 In addition, for administrative expenses to carry out 19 the direct and guaranteed loan programs, notwithstanding 20 section 5033 of the Water Infrastructure Finance and In21 novation Act of 2014, $5,000,000, to remain available 22 until September 30, 2020. February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-I~'l'.:s:rnl SEN. APPRO. 84 1 ADMINISTRATIVE PROVISIONS-E~YIRONMENTAL 2 PROTECTION AGENCY 3 (INCLUDING TRANSFERS AND RESCISSION OF FUNDS) 4 For fiscal year 2019, notwithstanding 31 U.S.C. 5 6303(1) and 6305(1), the Administrator of the Environ6 mental Protection Agency, in carrying out the Agency's 7 function to implement directly Federal environmental pro8 gTams required or authorized by law in the absence of an 9 acceptable tribal program, may award cooperative agree10 ments to federally recognized Indian tribes or Intertribal 11 consortia, if authorized by their member tribes, to assist 12 the Administrator in implementing Federal environmental 13 programs for Indian tribes required or authorized by law, 14 except that no such cooperative agreements may be award15 ed from funds designated for State financial assistance 16 agTeements. 17 The Administrator of the Environmental Protection 18 Agency is authorized to collect and obligate pesticide reg- 19 istration service fees in accordance with section 33 of the 20 Federal Insecticide, Fungicide, and Rodenticide Act, as 21 amended by Public Law 112-177, the Pesticide Registra22 tion Improvement Extension Act of 2012. 23 Notwithstanding section 33(d)(2) of the Federal In- 24 secticide, Fungicide, and Rodenticide Act (FIFRA) ( 7 25 U.S.C. 136w-8(d)(2)), the Administrator of the Environ- February 7, 2019 (2:52 p.m.) U :\2019CONF\DiYE-IKT .xml SEK. APPRO. 85 1 mental Protection Agency may assess fees under section 2 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2019. 3 The Administrator is authorized to transfer up to 4 $300,000,000 of the funds appropriated for the Great 5 Lakes Restoration Initiative under the heading "Environ6 mental Programs and Management'' to the head of any 7 Federal department or agency, ·with the concurrence of 8 such head, to carry out activities that would support the 9 Great Lakes Restoration Initiative and Great Lakes 10 ·\:Vater Quality AgTeement programs, projects, or activities; 11 to enter into an interagency agreement with the head of 12 such Federal department or agency to carry out these ac13 tivities; and to make grants to governmental entities, non14 profit organizations, institutions, and individuals for plan- 15 ning, research, monitoring, outreach, and implementation 16 in furtherance of the Great Lakes Restoration Initiative 17 and the Great Lakes Water Quality AgTeement. 18 rrhe Science and Technology, Environmental Pro- 19 grams and Management, Office of Inspector General, Haz20 ardous Substance Superfund, and Leaking Underground 21 Storage Tank Trust Fund Program Accounts, are avail22 able for the construction, alteration, repair, rehabilitation, 23 and renovation of facilities, provided that the cost does 24 not exceed $150,000 per project. February 7, 2019 (2:52 p.m.) -C:\2019COKF\DiYE-IKT.x:ml SEN. APPRO. 86 1 For fiscal year 2019, and notwithstanding section 2 518(f) of the Federal Water Pollution Control Act (33 3 U.S.C. 1377(f)), the Administrator is authorized to use 4 the amounts appropriated for any fiscal year under section 5 319 of the Act to make grants to Indian tribes pursuant 6 to sections 319(h) and 518( e) of that Act. 7 r.rhe Administrator is authorized to use the amounts 8 appropriated under the heading "Environmental Pro9 grams and l\1anagement" for fiscal year 2019 to provide 10 grants to implement the Southeastern New England W a11 tershed Restoration Program. 12 Of the unobligated balances available for the "State 13 and Tribal Assistance Grants" account, $139,078,000 are 14 hereby permanently rescinded: Provided, That no amounts 15 may be rescinded from amounts that were designated by 16 the Congress as an emergency requirement pursuant to 17 the Concurrent Resolution on the Budget or the Balanced 18 Budget and Emergency Deficit Control Act of 1985 or 19 from amounts that were made available by subsection (a) 20 of section 196 of the Continuing Appropriations Act, 2017 21 (division C of Public Law 114-223), as amended by the 22 Further Continuing and Security Assistance Appropria23 tions Act, 2017 (Public Law 114-254). 24 Notwithstanding the limitations on amounts in sec- 25 tion 320(i)(2)(B) of the Federal Water Pollution Control February 7, 2019 (2:52 p.m.) U:\2019COKF\DivE-INrl'.xrnl SEN. APPRO. 87 1 Act, not less than $1,000,000 of the funds made available 2 under this title for the National Estuary ProgTam shall 3 be for making competitive awards described in section 4 320(g)(4). 5 TITLE III 6 RELATED AGENCIES 7 DEPARTMENrr OF AGRICULrrURE 8 OFFICE OF THE UNDER SECRETARY FOR NATURAL 9 RESOURCES A.....,D ENVIRONlVIENT 10 For necessary expenses of the Office of the Under 11 Secretary for Natural Resources and Environment, 12 $875,000: Provided, That funds made available by this 13 Act to any agency in the Natural Resources and Environ14 ment mission area for salaries and expenses are available 15 to fund up to one administrative support staff for the of16 fice. 17 FOREST SERVICE 18 FOREST ""h"'\l"D RANGELAi~D RESEARCH 19 For necessary expenses of forest and rangeland re- 20 search as authorized by law, $300,000,000, to remain 21 available through September 30, 2022: Provided, That of 22 the funds provided, $77,000,000 is for the forest inventory 23 and analysis program: Provided further, That all authori24 ties for the use of funds, including the use of contracts, 25 grants, and cooperative agreements, available to execute February 7, 2019 (2:52 p.m.) V:\2019CONF\DivE-IKT.xrnl SEN. APPRO. 88 1 the Forest and Rangeland Research appropriation, are 2 also available in the utilization of these funds for Fire 3 Science Research. 4 STATE _AND PRIVATE FORESTRY 5 (INCLUDING RESCISSION OF FUNDS) 6 For necessary expenses of cooperating with and pro- 7 viding technical and financial assistance to States, terri8 tories, possessions, and others, and for forest health man- 9 agement, and conducting an international program as au- 10 thorized, $336,990,000, to remain available through Sep11 tember 30, 2022, as authorized by law; of which 12 $63,990,000 is to be derived from the Land and Water 13 Conservation Fund to be used for the Forest Legacy Pro14 gram, to remain available until expended. 15 Of the unobligated balances from amounts made 16 available for the Forest Legacy Program and derived from 17 the Land and Water Conservation Fund, $1,503,000 is 18 hereby permanently rescinded from projects ·with cost sav19 ings or failed or partially failed projects that had funds 20 returned: Provided, That no amounts may be rescinded 21 from amounts that were designated by the Congress as 22 an emergency requirement pursuant to the Concurrent 23 Resolution on the Budget or the Balanced Budget and 24 Emergency Deficit Control Act of 1985. February 7, 2019 (2:52 p.m.) SEK. APPRO. -C:\2019CONF\DivE-INT.xml 89 1 2 NATIONAL FOREST SYSTEM For necessary e2qJenses of the Forest Service, not 3 otherwise provided for, for management, protection, 1m4 provement, and utilization of the National Forest System, 5 and for hazardous fuels management on or adjacent to 6 such lands, $1,938,000,000, to remain available through 7 September 30, 2022: Provided, That of the funds pro8 vided, $40,000,000 shall be deposited in the Collaborative 9 Forest Landscape Restoration Fund for ecological restora- 10 tion treatments as authorized by 16 U.S.C. 7303(f): Prol l vided further, rrhat of the funds provided, $368,000,000 12 shall be for forest products: Provided further, That of the 13 funds provided, $435,000,000 shall be for hazardous fuels 14 management activities, of which not to exceed 15 $15,000,000 may be used to make grants, using any au16 thorities available to the Forest Service under the "State 17 and Private Forestry" appropriation, for the purpose of 18 creating incentives for increased use of biomass from Na19 tional Forest System lands: Provided further, That 20 $20,000,000 may be used by the Secretary of Agriculture 21 to enter into procurement contracts or cooperative agree22 .ments or to issue grants for hazardous fuels management 23 activities, and for training or monitoring associated with 24 such hazardous fuels management activities on Federal 25 land, or on non-Federal land if the Secretary determines February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CO~F\DivE-INT.xml 90 1 such activities benefit resources on Federal land: Provided 2 further, That funds made available to implement the Com3 munity Forestry Restoration Act, Public Law 106-393, 4 title VI, shall be available for use on non-Federal lands 5 in accordance ,vith authorities made available to the For6 est Service under the "State and Private Forestry" appro7 priations: Provided further, That notwithstanding section 8 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C. 9 1012), the Secretary of Agriculture, in calculating a fee 10 for grazing on a National Grassland, may provide a credit 11 of up to 50 percent of the calculated fee to a Grazing As- 12 sociation or direct permittee for a conservation practice 13 approved by the Secretary in advance of the fiscal year 14 in which the cost of the conservation practice is incurred. 15 And, that the amount credited shall remain available to 16 the Grazing Association or the direct permittee, as appro17 priate, in the fiscal year in which the credit is made and 18 each fiscal year thereafter for use on the project for con19 servation practices approved by the Secretary. 20 CAPITAL IMPROVEMENT A,."\fD lVIAINTEI\'A."\fCE 21 (IN"CLUDING TRA."\'"SFER OF FUNDS) 22 For necessary eA1)enses of the Forest Service, not 23 otherwise provided for, $446,000,000, to remain available 24 through September 30, 2022, for construction, capital im25 provement, maintenance and acquisition of buildings and February 7, 2019 (2:52 p.m.) lT:\2019CONF\DiYE-I~T.xml SEN. APPRO. 91 1 other facilities and infrastructure; and for construction, 2 reconstruction, decommissioning of roads that are no 3 longer needed, including unauthorized roads that are not 4 part of the transportation system, and maintenance of for5 est roads and trails by the Forest Service as authorized 6 by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Pro7 vided, That funds becoming available in fiscal year 2019 8 under the Act of March 4, 1913 (16 U.S.C. 501) shall 9 be transferred to the General Fund of the Treasury and 10 shall not be available for transfer or obligation for any 11 other purpose unless the funds are appropriated. 12 LAND ACQUISITION 13 For expenses necessary to carry out the proV1s10ns 14 of chapter 2003 of title 54, United States Code, including 15 administrative expenses, and for acquisition of land or wa16 ters, or interest therein, in accordance ,vith statutory au17 thority applicable to the Forest Service, $72,564,000, to 18 be derived from the Land and Water Conservation J1.,und 19 and to remain available until expended. 20 AC(~UISITION OF LAl\i"DS FOR NATIONAL FORESTS SPECIAL 21 ACTS 22 For acquisition of lands mthin the exterior bound- 23 aries of the Cache, Uinta, and Wasatch National Forests, 24 Utah; the ri~oiyabe National Forest, Nevada; and the An25 geles, San Bernardino, Sequoia, and Cleveland National February 7, 2019 (2:52 p.m.) "C:\2019CONJ,~\DiYE-INT.xml SEN. APPRO. 92 1 Forests, California; and the Ozark-St. Francis and 2 Ouachita National Forests, Arkansas; as authorized by 3 law, $700,000, to be derived from forest receipts. 4 ACQUISITION OF LANDS TO COMPLETE LAND EXCHAKGES 5 For acquisition of lands, such sums, to be derived 6 from funds deposited by State, county, or municipal gov7 ernments, public school districts, or other public school au8 thorities, and for authorized expenditures from funds de9 posited by non-Federal parties pursuant to Land Sale and 10 Exchange Acts, pursuant to the Act of December 4, 1967 11 (16 U.S.C. 484a), to remain available through September 12 30, 2022, (16 U.S.C. 516-617a, 555a; Public Law 9613 586; Public Law 76-589, 76-591; and Public Law 7814 310). 15 16 RANGE BETTER::\IENT FUND For necessary expenses of range rehabilitation, pro- 17 tection, and improvement, 50 percent of all moneys re18 ceived during the prior fiscal year, as fees for gTazing do19 mestic livestock on lands in National Forests in the 16 20 Western States, pursuant to section 401(b)(l) of Public 21 Law 94-579, to remain available through September 30, 22 2022, of which not to exceed 6 percent shall be available 23 for administrative expenses associated with on-the-ground 24 range rehabilitation, protection, and improvements. February 7, 2019 (2:52 p.m.) U:\2019CO~F\DivE-INT.xml SEN. APPRO. 93 1 GIFTS, DONATIONS AND BEQUES'l'S FOR FOREST AND 2 RANGELAND RESEARCH 3 For expenses authorized by 16 U.S.C. 1643(b), 4 $45,000, to remain available through September 30, 2022, 5 to be derived from the fund established pursuant to the 6 above Act. 7 1\IAl\AGEMENT OF NATIONAL FOREST LANDS FOR 8 SUBSISTENCE USES 9 For necessary expenses of the Forest Service to man- 10 age Federal lands in Alaska for subsistence uses under 11 title VIII of the Alaska National Interest Lands Conserva- 12 tion Act (16 U.S.C. 3111 et seq.), $2,500,000, to remain 13 available through September 30, 2022. 14 WILDLA,~D FIRE 1\1ANAGEMEN'l' 15 (INCLUDING TRA.i.~SFERS OF FUNDS) 16 For necessary expenses for forest fire presuppression 17 activities on National Forest System lands, for emergency 18 wildland fire suppression on or adjacent to such lands or 19 other lands under fire protection agreement, and for emer- 20 gency rehabilitation of burned-over National Forest Sys21 tern lands and water, $3,004,986,000, to remain available 22 through September 30, 2022: Provided, That such funds 23 including unobligated balances under this heading, are 24 available for repayment of advances from other appropria25 tions accounts previously transferred for such purposes: February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CONF\DiYE-INT.xml 94 l Provided further, That any unobligated funds appropriated 2 in a previous fiscal year for hazardous fuels management 3 may be transferred to the "National Forest System" ac4 count: Provided further, rrhat such funds shall be available 5 to reimburse State and other cooperating entities for serv6 ices provided in response to wildfire and other emergencies 7 or disasters to the extent such reimbursements by the For8 est Service for non-fire emergencies are fully repaid by the 9 responsible emergency management agency: Provided fur- l O ther, That funds provided shall be available for support 11 to Federal emergency response: Provided further, That the 12 costs of implementing any cooperative agreement between 13 the Federal Government and any non-Federal entity may 14 be shared, as mutually agreed on by the affected parties: 15 Provided further, rrhat funds designated for wildfire sup16 pression, shall be assessed for cost pools on the same basis 17 as such assessments are calculated against other agency 18 programs. 19 ADMINISTRATIVE PROVISIONS-FOREST SERVICE 20 (Il\'"CLUDING TRANSFERS OF FUNDS) 21 Appropriations to the Forest Service for the current 22 fiscal year shall be available for: ( 1) purchase of passenger 23 motor vehicles; acquisition of passenger motor vehicles 24 from excess sources, and hire of such vehicles; purchase, 25 lease, operation, maintenance, and acquisition of aircraft February 7, 2019 (2:52 p.m.) U:\2019C0)JF\DivE-INT.xml SEN. APPRO. 95 1 to maintain the operable fleet for use in :B--,orest Service 2 wildland fire programs and other Forest Service programs; 3 notwithstanding other provisions of law, existing aircraft 4 being replaced may be sold, with proceeds derived or 5 trade-in value used to offset the purchase price for the 6 replacement aircraft; (2) services pursuant to 7 U.S.C. 7 2225, and not to exceed $100,000 for employment under 8 5 U.S.C. 3109; (3) purchase, erection, and alteration of 9 buildings and other public improvements (7 U.S.C. 2250); 10 (4) acquisition of land, waters, and interests therein pur11 suant to 7 U.S.C. 428a; (5) for expenses pursuant to the 12 Volunteers in the National Forest Act of 1972 (16 U.S.C. 13 558a, 558d, and 558a note); (6) the cost of uniforms as 14 authorized by 5 U.S.C. 5901-5902; and (7) for debt col15 lection contracts in accordance with 31 U.S.C. 3718(c). 16 Any appropriations or funds available to the Forest 17 Service may be transferred to the Wildland Fire Manage18 ment appropriation for forest firefighting, emergency re19 habilitation of burned-over or damaged lands or waters 20 under its jurisdiction, and fire preparedness due to severe 21 burning conditions upon the Secretary's notification of the 22 House and Senate Committees on Appropriations that all 23 fire suppression funds appropriated under the heading 24 "Wildland Fire Management" will be obligated within 30 25 days: Provided, That all funds used pursuant to this para- February 7, 2019 (2:52 p.m.) U:\2019CO~F\DivE-IK'I'.xml SEK. APPRO. 96 1 graph must be replenished by a supplemental appropria- 2 tion which must be requested as promptly as possible. 3 Not more than $50,000,000 of funds appropriated to 4 the Forest Service shall be available for expenditure or 5 transfer to the Department of the Interior for wildland 6 fire management, hazardous fuels management, and State 7 fire assistance when such transfers would facilitate and 8 expedite wildland fire management progTams and projects. 9 Notwithstanding any other provision of this Act, the 10 Forest Service may transfer unobligated balances of dis11 cretionary funds appropriated to the Forest Service by 12 this Act to or within the National Forest System Account, 13 or reprogram funds to be used for the purposes of haz14 ardous fuels management and urgent rehabilitation of 15 burned-over National Forest System lands and water, 16 such transferred funds shall remain available through Sep17 tember 30, 2022: Provided, That none of the funds trans18 ferred pursuant to this section shall be available for obli19 gation without ,vritten notification to and the prior ap- 20 proval of the Committees on Appropriations of both 21 Houses of CongTess: Provided further, That this section 22 does not apply to funds derived from the Land and Water 23 Conservation Fund. 24 Funds appropriated to the Forest Service shall be 25 available for assistance to or through the Agency for Inter- February 7, 2019 (2:52 p.m.) U:\2019CONl<'\DivE-INT.xrnl SEX APPRO. 97 1 national Development in connection ·with forest and range2 land research, technical information, and assistance in for3 eign countries, and shall be available to support forestry 4 and related natural resource activities outside the United 5 States and its territories and possessions, including tech6 nical assistance, education and training, and cooperation 7 with U.S., private, and international organizations. The 8 Forest Service, acting for the International Program, may 9 sign direct funding agreements with foreign governments 10 and institutions as well as other domestic agencies (includ11 ing the U.S. Agency for International Development, the 12 Department of State, and the Millennium Challenge Cor13 poration), U.S. private sector firms, institutions and orga14 nizations to provide technical assistance and training pro15 grams overseas on forestry and rangeland management. 16 Funds appropriated to the Forest Service shall be 17 available for expenditure or transfer to the Department 18 of the Interior, Bureau of Land lVIanagement, for removal, 19 preparation, and adoption of excess wild horses and burros 20 from National Forest System lands, and for the perform21 ance of cadastral surveys to designate the boundaries of 22 such lands. 23 None of the funds made available to the Forest Serv- 24 ice in this Act or any other Act with respect to any fiscal 25 year shall be subject to transfer under the provisions of February 7, 2019 (2:52 p.m.) SEN. APPRO. l::\2019CO~F\DivE-I~T.xrnl 98 1 section 702(b) of the Department of Agriculture Organic 2 Act of 1944 (7 U.S.C. 2257), section 442 of Public Law 3 106-224 (7 U.S.C. 7772), or section 10417(b) of Public 4 Law 107-171 (7 U.S.C. 8316(b)). 5 None of the funds available to the Forest Service may 6 be reprogrammed without the advance approval of the 7 House and Senate Committees on Appropriations in ac- 8 cordance with the reprogramming procedures contained in 9 the joint explanatory statement accompanying this Act. 10 Not more than $82,000,000 of funds available to the 11 Forest Service shall be transferred to the Working Capital 12 Fund of the Department of AgTiculture and not more than 13 $14,500,000 of funds available to the Forest Service shall 14 be transferred to the Department of AgTiculture for De15 partment Reimbursable Programs, commonly referred to 16 as Greenbook charges. Nothing in this paragraph shall 17 prohibit or limit the use of reimbursable agreements re- 18 quested by the Forest Service in order to obtain services 19 from the Department of Agriculture's National Informa20 tion Technology Center and the Department of Agri- 21 culture's International Technology Service. 22 Of the funds available to the Forest Service, up to 23 $5,000,000 shall be available for priority projects within 24 the scope of the approved budget, which shall be carried 25 out by the Youth Conservation Corps and shall be carried February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-INT.xml SEN. APPRO. 99 1 out under the authority of the Public Lands Corps Act 2 of 1993 (16 U.S.C. 1721 et seq.). 3 Of the funds available to the Forest Service, $4,000 4 is available to the Chief of the Forest Service for official 5 reception and representation expenses. 6 Pursuant to sections 405(b) and 410(b) of Public 7 Law 101-593, of the funds available to the Forest Service, 8 up to $3,000,000 may be advanced in a lump sum to the 9 National Forest Foundation to aid conservation partner10 ship projects in support of the Forest Service mission, 11 without regard to when the Foundation incurs expenses, 12 for projects on or benefitting National Forest System 13 lands or related to Forest Service programs: Provided, 14 That of the Federal funds made available to the Founda- 15 tion, no more than $300,000 shall be available for admin16 istrative expenses: Provided further, That the Foundation 17 shall obtain, by the end of the period of Federal financial 18 assistance, private contributions to match funds made 19 available by the Forest Service on at least a one-for-one 20 basis: Provided further, rrhat the Foundation may transfer 21 Federal funds to a Federal or a non-Federal recipient for 22 a project at the same rate that the recipient has obtained 23 the non-Federal matching funds. 24 Pursuant to section 2(b)(2) of Public Law 98-244, 25 up to $3,000,000 of the funds available to the Forest February 7, 2019 (2:52 p.m.) U:\2019COI\l<-,\DivE-II\T.xml SEN. APPRO. 100 1 Service may be advanced to the National Fish and Wildlife 2 Foundation in a lump sum to aid cost-share conservation 3 projects, without regard to when expenses are incurred, 4 on or benefitting National Forest System lands or related 5 to Forest Service programs: Provided, rrhat such funds 6 shall be matched on at least a one-for-one basis by the 7 Foundation or its sub-recipients: Provided further, That 8 the Foundation may transfer Federal funds to a Federal 9 or non-Federal recipient for a project at the same rate 10 that the recipient has obtained the non-Federal matching 11 funds. 12 Funds appropriated to the Forest Service shall be 13 available for interactions ·with and providing technical as14 sistance to rural communities and natural resource-based 15 businesses for sustainable rural development purposes. 16 Funds appropriated to the Forest Service shall be 17 available for payments to counties within the Columbia 18 River Gorge National Scenic Area, pursuant to section 19 14(c)(l) and (2), and section 16(a)(2) of Public Law 9920 663. 21 Any funds appropriated to the Forest Service may 22 be used to meet the non-Federal share requirement in sec23 tion 502(c) of the Older Americans Act of 1965 (42 24 U.S.C. 3056(c)(2)). February 7, 2019 (2:52 p.m.) l::\2019COKl<~\DiYE-INT.x:ml SEN. APPRO. 101 1 The Forest Service shall not assess funds for the pur- 2 pose of performing fire, administrative, and other facilities 3 maintenance and decommissioning. 4 Notwithstanding any other provision of law, of any 5 appropriations or funds available to the Forest Service, 6 not to exceed $500,000 may be used to reimburse the Of7 fice of the General Counsel (OGC), Department of Agri8 culture, for travel and related expenses incurred as a re9 sult of OGC assistance or participation requested by the 10 Forest Service at meetings, training sessions, management 11 reviews, land purchase negotiations and similar matters 12 unrelated to civil litigation. Future budget justifications 13 for both the Forest Service and the Department of Agri14 culture should clearly display the sums previously trans15 ferred and the sums requested for transfer. 16 An eligible individual who is employed in any project 17 funded under title V of the Older Americans Act of 1965 18 (42 U.S.C. 3056 et seq.) and administered by the :B.,orest 19 Service shall be considered to be a Federal employee for 20 purposes of chapter 171 of title 28, United States Code. 21 Kotwithstanding any other provision of this Act, 22 through the Office of Budget and Program Analysis, the 23 Forest Service shall report no later than 30 business days 24 following the close of each fiscal quarter all current and 25 prior year unobligated balances, by fiscal year, budget line February 7, 2019 (2:52 p.m.) U:\2019COKF\DivE-INT.xml SEN. APPRO. 102 1 item and account, to the House and Senate Committees 2 on Appropriations. 3 DEPARTlvlENT OF HEALTH AND HUl\/lAN 4 SERVICES 5 INDIAN HEALTH SERVICE 6 INDIAN HEALTH SERVICES 7 For expenses necessary to carry out the Act of Au- 8 gust 5, 1954 (68 Stat. 674), the Indian Self-Determina9 tion and Education Assistance Act, the Indian Health 10 Care Improvement Act, and titles II and III of the Public 11 Health Service Act with respect to the Indian Health Serv- 12 ice, $4,103,190,000, to remain available until September 13 30, 2020, except as otherwise provided herein, together 14 ,vith payments received during the fiscal year pursuant to 15 sections 23l(b) and 233 of the Public Health Service Act 16 (42 U.S.C. 238(b), 238b), for services furnished by the 17 Indian Health Service: Provided, That funds made avail18 able to tribes and tribal organizations through contracts, 19 grant agreements, or any other agreements or compacts 20 authorized by the Indian Self-Determination and Edu- 21 cation Assistance Act of 1975 (25 U.S.C. 450), shall be 22 deemed to be obligated at the time of the grant or contract 23 award and thereafter shall remain available to the tribe 24 or tribal organization without fiscal year limitation: Pro25 vided further, That $2,000,000 shall be available for February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKF\DivE-INT.xrnl 103 1 grants or contracts ·with public or private institutions to 2 provide alcohol or drug treatment services to Indians, in3 eluding alcohol detoxification services: Provided further, 4 That $964,819,000 for Purchased/Referred Care, includ- 5 ing $53,000,000 for the Indian Catastrophic Health 6 Emergency Fund, shall remain available until expended: 7 Provided further, rrhat of the funds provided, up to 8 $44,000,000 shall remain available until expended for im9 plementation of the loan repayment progTam under section 10 108 of the Indian Health Care Improvement Act: Provided 11 further, That of the funds provided, $36,000,000 shall re12 main available until expended to supplement funds avail13 able for operational costs at tribal clinics operated under 14 an Indian Self-Determination and Education Assistance 15 Act compact or contract where health care is delivered in 16 space acquired through a full service lease, which is not 17 eligible for maintenance and improvement and equipment 18 funds from the Indian Health Service, and $58,000,000 19 shall be for costs related to or resulting from accreditation 20 emergencies, of which up to $4,000,000 may be used to 21 supplement amounts otherwise available for Purchased/ 22 Referred Care: Provided further, That the amounts col23 lected by the J1...,ederal Government as authorized by sec24 tions 104 and 108 of the Indian Health Care Improvement 25 Act (25 U.S.C. 1613a and 1616a) during the preceding February 7, 2019 (2:52 p.m.) SEX APPRO. U:\2019COKF\DiYE-INT.xml 104 1 fiscal year for breach of contracts shall be deposited to 2 the Fund authorized by section 108A of that Act (25 3 U.S.C. 1616a-1) and shall remain available until ex4 pended and, notwithstanding section 108A(c) of that Act 5 (25 U.S.C. 1616a-l(c)), funds shall be available to make 6 new awards under the loan repayment and scholarship 7 programs under sections 104 and 108 of that Act (25 8 U.S.C. 1613a and 1616a): Provided further, That the 9 amounts made available within this account for the Sub- 10 stance Abuse and Suicide Prevention Program, for Opioid 11 Prevention, Treatment and Recovery Services, for the Do12 mestic Violence Prevention Program, for the Zero Suicide 13 Initiative, for the housing subsidy authority for civilian 14 employees, for aftercare pilot programs at Youth Regional 15 Treatment Centers, to improve collections from public and 16 private insurance at Indian Health Service and tribally op17 erated facilities, and for accreditation emergencies shall be 18 allocated at the discretion of the Director of the Indian 19 Health Service and shall remain available until expended: 20 Provided further, 'rl1at funds provided in this Act may be 21 used for annual contracts and grants for which the per22 formance period falls within 2 fiscal years, provided the 23 total obligation is recorded in the year the funds are ap24 propriated: Provided further, That the amounts collected 25 by the Secretary of Health and Human Services under the February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-IK'l'.xml SEN. APPRO. 105 1 authority of title IV of the Indian Health Care Improve2 ment Act shall remain available until e:1..'l)ended for the 3 purpose of achieving compliance with the applicable condi4 tions and requirements of titles XVIII and XIX of the So- 5 cial Security Act, except for those related to the planning·, 6 design, or construction of new facilities: Provided further, 7 'rhat funding contained herein for scholarship programs 8 under the Indian Health Care Improvement Act shall re- 9 main available until expended: Provided further, 'rl1at 10 amounts received by tribes and tribal organizations under 11 title IV of the Indian Health Care Improvement Act shall 12 be reported and accounted for and available to the receiv13 ing tribes and tribal organizations until expended: Pro14 vided further, That the Bureau of Indian Affairs may col- 15 lect from the Indian Health Service, and from tribes and 16 tribal organizations operating health facilities pursuant to 17 Public Law 93-638, such individually identifiable health 18 information relating to disabled children as may be nec19 essary for the purpose of carrying out its functions under 20 the Individuals ,vith Disabilities Education Act (20 U.S.C. 21 1400 et seq.): Provided further, That of the funds pro22 vided, $72,280,000 is for the Indian Health Care Improve- 23 ment Fund and may be used, as needed, to carry out ac24 tivities typically funded under the Indian Health Facilities 25 account: Provided further, That the accreditation emer- February 7, 2019 (2:52 p.m.) SE~. APPRO. U:\2019CO~F\DivE-INT.xml 106 1 gency funds may be used, as needed, to carry out activities 2 typically funded under the Indian Health Facilities ac3 count. 4 5 CONTRACT SUPPORT COSTS For payments to tribes and tribal organizations for 6 contract support costs associated with Indian Self-Deter- 7 ruination and Education Assistance Act agreements with 8 the Indian Health Service for fiscal year 2019, such sums 9 as may be necessary: Provided, That notwithstanding any 10 other provision of law, no amounts made available under 11 this heading shall be available for transfer to another 12 budget account. 13 14 INDIAN HEALTH FACILITIES For construction, repair, maintenance, improvement, 15 and equipment of health and related auxiliary facilities, 16 including quarters for personnel; preparation of plans, 17 specifications, and drawings; acquisition of sites, purchase 18 and erection of modular buildings, and purchases of trail19 ers; and for provision of domestic and community sanita20 tion facilities for Indians, as authorized by section 7 of 21 the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 22 Self-Determination Act, and the Indian Health Care Im23 provement Act, and for expenses necessary to carry out 24 such Acts and titles II and III of the Public Health Serv25 ice Act ·with respect to environmental health and facilities February 7, 2019 (2:52 p.m.) U: \2019CO NF\DivE-INT .xml SEN. APPRO. 107 1 support activities of the Indian Health Service, 2 $878,806,000, to remain available until expended: Pro3 vided, r:I..,hat notwithstanding any other provision of law, 4 funds appropriated for the planning, design, construction, 5 renovation or eA1mnsion of health facilities for the benefit 6 of an Indian tribe or tribes may be used to purchase land 7 on which such facilities will be located: Provided further, 8 r:I..,hat not to exceed $500,000 may be used by the Indian 9 Health Service to purchase TRANSAM equipment from 10 the Department of Defense for distribution to the Indian 11 Health Service and tribal facilities: Provided further, That 12 none of the funds appropriated to the Indian Health Serv13 ice may be used for sanitation facilities construction for 14 new homes funded with grants by the housing programs 15 of the United States Department of Housing and Urban 16 Development: Provided further, That not to exceed 17 $2,700,000 from this account and the "Indian Health 18 Services" account may be used by the Indian Health Serv19 ice to obtain ambulances for the Indian Health Service 20 and tribal facilities in conjunction with an existing inter21 agency agreement bet\veen the Indian Health Service and 22 the General Services Administration: Provided further, 23 That not to exceed $500,000 may be placed in a Demoli24 tion Fund, to remain available until expended, and be used February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-IN'f.xml SEN. APPRO. 108 1 by the Indian Health Service for the demolition of Federal 2 buildings. 3 ADlVIINISTRL~TIVE PROVISIONS-INDIA.i"\J HEALTH SERVICE 4 Appropriations provided in this Act to the Indian 5 Health Service shall be available for services as authorized 6 by 5 U.S.C. 3109 at rates not to exceed the per diem rate 7 equivalent to the maximum rate payable for senior-level 8 positions under 5 U.S.C. 5376; hire of passenger motor 9 vehicles and aircraft; purchase of medical equipment; pur10 chase of reprints; purchase, renovation and erection of 11 modular buildings and renovation of existing facilities; 12 payments for telephone service in private residences in the 13 field, when authorized under regulations approved by the 14 Secretary of Health and Human Services; uniforms or al15 lowances therefor as authorized by 5 U.S.C. 5901-5902; 16 and for expenses of attendance at meetings that relate to 17 the functions or activities of the Indian Health Service: 18 Provided, That in accordance with the provisions of the 19 Indian Health Care Improvement Act, non-Indian patients 20 may be extended health care at all tribally administered 21 or Indian Health Service facilities, subject to charges, and 22 the proceeds along with funds recovered under the Federal 23 Medical Care Recovery Act (42 U.S.C. 2651-2653) shall 24 be credited to the account of the facility providing the 25 service and shall be available ·without fiscal year limitation: February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DiYE-INT.xml 109 1 Provided further, That notwithstanding any other law or 2 regulation, funds transferred from the Department of 3 Housing and Urban Development to the Indian Health 4 Service shall be administered under Public Law 86-121, 5 the Indian Sanitation Facilities Act and Public Law 936. 638: Provided further, That funds appropriated to the In- 7 dian Health Service in this Act, except those used for ad8 ministrative and program direction purposes, shall not be 9 subject to limitations directed at curtailing Federal travel 10 and transportation: Provided further, 'l1hat none of the 11 funds made available to the Indian Health Service in this 12 Act shall be used for any assessments or charges by the 13 Department of Health and Human Services unless identi14 fied in the budget justification and provided in this Act, 15 or approved by the House and Senate Committees on Ap16 propriations through the reprogramming process: Pro17 vided further, 'l1hat notwithstanding any other provision 18 of law, funds previously or herein made available to a tribe 19 or tribal organization through a contract, grant, or agree20 ment authorized by title I or title V of the Indian Self21 Determination and Education Assistance Act of 1975 (25 22 U .S.C. 5321 et seq. (title I), 5381 et seq. (title V) ), may 23 be deobligated and reobligated to a self-determination con24 tract under title I, or a self-governance agreement under 25 title V of such Act and thereafter shall remain available February 7, 2019 (2:52 p.m.) SEX APPRO. U:\2019CONF\DivE-INT .xml 110 1 to the tribe or tribal organization without fiscal year limi2 tation: Provided further, That none of the funds made 3 available to the Indian Health Service in this Act shall 4 be used to implement the final rule published in the Fed5 eral Register on September 16, 1987, by the Department 6 of Health and Human Services, relating to the eligibility 7 for the health care services of the Indian Health Service 8 until the Indian Health Service has submitted a budget 9 request reflecting the increased costs associated with the 10 proposed final rule, and such request has been included 11 in an appropriations Act and enacted into law: Provided 12 further, That with respect to functions transferred by the 13 Indian Health Service to tribes or tribal organizations, the 14 Indian Health Service is authorized to provide goods and 15 services to those entities on a reimbursable basis, includ- 16 ing payments in advance with subsequent adjustment, and 17 the reimbursements received therefrom, along with the 18 funds received from those entities pursuant to the Indian 19 Self-Determination Act, may be credited to the same or 20 subsequent appropriation account from which the funds 21 were originally derived, with such amounts to remain 22 available until expended: Provided further, That reim23 bursements for training, technical assistance, or services 24 provided by the Indian Health Service will contain total 25 costs, including direct, administrative, and overhead costs February 7, 2019 (2:52 p.m.) "C:\2019CON:F'\DivE-INT.xml SEN. APPRO. 111 1 associated with the provision of goods, services, or tech2 nical assistance: Provided further, That the Indian Health 3 Service may provide to civilian medical personnel serving 4 in hospitals operated by the Indian Health Service housing 5 allowances equivalent to those that would be provided to 6 members of the Commissioned Corps of the United States 7 Public Health Service serving in similar positions at such 8 hospitals: Provided further, That the appropriation struc9 ture for the Indian Health Service may not be altered 10 ·without advance notification to the House and Senate 11 Committees on Appropriations. 12 NATION.AL INSTITUTES OF HEALTH 13 NATION.AL INSTITUTE OF E:NVIRONl\IENT.AL HEALTH 14 SCIENCES 15 :B-,or necessmy expenses for the K ational Institute of 16 Environmental Health Sciences in carrying out activities 17 set forth in section 31l(a) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of 19 1980 (42 U.S.C. 9660(a)) and section 126(g) of the 20 Superfund Amendments and Reauthorization Act of 1986, 21 $79,000,000. February 7, 2019 (2:52 p.m.) "C:\2019COKl<'\DiYE-INT.xml SEK. APPRO. 112 1 AGENCY FOR TOXIC 2 3 4 5 SUBSTAi~CES AND DISEASE REGISTRY TOXIC SUBSTANCES AND ENYIRONlVIE:\l"T.AL PUBLIC HEALTH For necessary expenses for the Agency for Toxic Sub- 6 stances and Disease Registry (ATSDR) in carrying out 7 activities set forth in sections 104(i) and 111( c)( 4) of the 8 Comprehensive Environmental Response, Compensation, 9 and Liability Act of 1980 (CERCLA) and section 3019 10 of the Solid Waste Disposal Act, $74,691,000: Provided, 11 That notwithstanding any other provision of law, in lieu 12 of performing a health assessment under section 104(i)(6) 13 of CERCLA, the Administrator of ATSDR may conduct 14 other appropriate health studies, evaluations, or activities, 15 including, without limitation, biomedical testing, clinical 16 evaluations, medical monitoring, and referral to accredited 17 healthcare providers: Provided further, rrhat in performing 18 any such health assessment or health study, evaluation, 19 or activity, the Administrator of ATSDR shall not be 20 bound by the deadlines in section 104(i)(6)(A) of 21 CERCLA: Provided further, That none of the funds appro22 priated under this heading shall be available for ATSDR 23 to issue in excess of 40 toxicological profiles pursuant to 24 section 104(i) of CERCLA during fiscal year 2019, and 25 existing profiles may be updated as necessary. February 7, 2019 (2:52 p.m.) l':\2019CONF\DiYE-INT.xml SEN. APPRO. 113 1 orrHER RELATED AGENCIES 2 EA~CUTIVE OFFICE OF THE PRESIDENT 3 COUNCIL ON ENVIRON1VIENTAL QUALITY AND OFFICE OF 4 ENVIRONl\IENTAL QUALITY 5 For necessary expenses to continue functions as- 6 signed to the Council on Environmental Quality and Office 7 of Environmental Quality pursuant to the National Envi8 ronmental Policy Act of 1969, the Environmental Quality 9 Improvement Act of 1970, and Reorganization Plan No. 10 1 of 1977, and not to exceed $750 for official reception 11 and representation expenses, $2,994,000: Provided, That 12 notwithstanding· section 202 of the National Environ13 mental Policy Act of 1970, the Council shall consist of 14 one member, appointed by the President, by and with the 15 advice and consent of the Senate, serving as chairman and 16 exercising all powers, functions, and duties of the Council. 17 CHEMICAL SAFETY AND HAzARD INVESTIGATION BOARD 18 19 SALARIES AND EXPENSES For necessary expenses in carrying out activities pur- 20 suant to section 112(r)(6) of the Clean Air Act, including 21 hire of passenger vehicles, uniforms or allowances there22 for, as authorized by 5 U.S.C. 5901-5902, and for serv- 23 ices authorized by 5 U.S.C. 3109 but at rates for individ24 uals not to exceed the per diem equivalent to the maximum 25 rate payable for senior level positions under 5 U.S.C. February 7, 2019 (2:52 p.m.) SEN ..APPRO. U:\2019CO~F\DiYE~I~T.xrnl 114 1 5376, $12,000,000: Provided, 'rhat the Chemical Safety 2 and Hazard Investigation Board (Board) shall have not 3 more than three career Senior Executive Service positions: 4 Provided further, 'rl1at notwithstanding any other provi- 5 sion of law, the individual appointed to the position of In6 spector General of the Environmental Protection Agency 7 (EPA) shall, by virtue of such appointment, also hold the 8 position of Inspector General of the Board: Provided fur- 9 ther, That notwithstanding any other provision of law, the 10 Inspector General of the Board shall utilize personnel of 11 the Office of Inspector General of EPA in performing the 12 duties of the Inspector General of the Board, and shall 13 not appoint any individuals to positions within the Board. 14 OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION 15 SALARIES AND EXPENSES 16 (INCLUDING TRANSFER OF FUNDS) 17 For necessary expenses of the Office of Navajo and 18 Hopi Indian Relocation as authorized by Public Law 9319 531, $8,750,000, to remain available until expended: Pro20 vided, That funds provided in this or any other appropria- 21 tions Act are to be used to relocate eligible individuals and 22 groups including evictees from District 6, Hopi-partitioned 23 lands residents, those in significantly substandard hous24 1ng, and all others certified as eligible and not included 25 in the preceding categories: Provided further, That none February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CO)JF\DivE-I)J'l'.xml 115 1 of the funds contained in this or any other Act may be 2 used by the Office of Navajo and Hopi Indian Relocation 3 to evict any single Navajo or Navajo family who, as of 4 November 30, 1985, was physically domiciled on the lands 5 partitioned to the Hopi Tribe unless a new or replacement 6 home is provided for such household: Provided further, 7 rrhat no relocatee will be provided with more than one new 8 or replacement home: Provided further, That the Office 9 shall relocate any certified eligible relocatees who have se10 lected and received an approved homesite on the Navajo 11 reservation or selected a replacement residence off the 12 Navajo reservation or on the land acquired pursuant to 13 section 11 of Public Law 93-531 (88 Stat. 1716): Pro14 vided further, That $1,000,000 shall be transferred to the 15 Office of the Inspector General of the Department of the 16 Interior, to remain available until expended, for audits and 17 investigations of the Office of Navajo and Hopi Indian Re18 location, consistent ,vith the Inspector General Act of 19 1978 (5 U.S.C. App.). 20 INSTITUTE OF Al\IERIGAN INDIAN AND ALASKA NATIVE 21 CULTURE AND ARTS DEVELOPMENT 22 PAYMENT TO rrHE INSTITUrrE 23 For payment to the Institute of American Indian and 24 Alaska Native Culture and Arts Development, as author25 ized by part A of title XV of Public Law 99-498 (20 February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-IKT.xml SEN. APPRO. 116 1 U.S.C. 4411 et seq.), $9,960,000, which shall become 2 available on July 1, 2019, and shall remain available until 3 September 30, 2020. 4 SlVIITHSONLlli INSTITUTION 5 SALARIES A."\'D EXPENSES 6 For necessary expenses of the Smithsonian Institu- 7 tion, as authorized by law, including research in the fields 8 of art, science, and history; development, preservation, and 9 documentation of the National Collections; presentation of 10 public exhibits and performances; collection, preparation, 11 dissemination, and exchange of information and publica- 12 tions; conduct of education, training·, and museum assist- 13 ance programs; maintenance, alteration, operation, lease 14 agreements of no more than 30 years, and protection of 15 buildings, facilities, and approaches; not to exceed 16 $100,000 for services as authorized by 5 U.S.C. 3109; and 17 purchase, rental, repair, and cleaning of uniforms for em18 ployees, $739,994,000, to remain available until Sep19 tember 30, 2020, except as otherwise provided herein; of 20 which not to exceed $6,917,000 for the instrumentation 21 program, collections acquisition, exhibition reinstallation, 22 and the repatriation of skeletal remains program shall re- 23 main available until e2-.rpended; and including such funds 24 as may be necessary to support American overseas re25 search centers: Provided, That funds appropriated herein February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CONF\DiYE-INT.xml 117 1 are available for advance payments to independent con2 tractors performing research services or participating in 3 official Smithsonian presentations. 4 5 FACILITIES CAPITAL For necessary eJ\..'J)enses of repair, revitalization, and 6 alteration of facilities owned or occupied by the Smithso- 7 nian Institution, by contract or otherwise, as authorized 8 by section 2 of the Act of August 22, 1949 (63 Stat. 623), 9 and for construction, including necessary personnel, 10 $303,503,000, to remain available until expended, of 11 which not to exceed $10,000 shall be for services as au12 thorized by 5 U.S.C. 3109. 13 NATIONAL GALLERY OF ART 14 SALARIES Ai~D EXPENSES 15 For the upkeep and operations of the National Gal- 16 lery of Art, the protection and care of the works of art 17 therein, and administrative expenses incident thereto, as 18 authorized by the Act of March 24, 1937 (50 Stat. 51), 19 as amended by the public resolution of April 13, 1939 20 (Public Resolution 9, Seventy-sixth Congress), including 21 services as authorized by 5 U.S.C. 3109; payment in ad22 vance when authorized by the treasurer of the Gallery for 23 membership in library, museum, and art associations or 24 societies whose publications or services are available to 25 members only, or to members at a price lower than to the February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CO~F\DiYE-INT.xml 118 1 general public; purchase, repair, and cleaning of uniforms 2 for guards, and uniforms, or allowances therefor, for other 3 employees as authorized by law (5 U.S.C. 5901-5902); 4 purchase or rental of devices and services for protecting 5 buildings and contents thereof, and maintenance, alter- 6 ation, improvement, and repair of buildings, approaches, 7 and grounds; and purchase of services for restoration and 8 repair of works of art for the National Galle1y of Art by 9 contracts made, without advertising, with individuals, 10 firms, or organizations at such rates or prices and under 11 such terms and conditions as the Gallery may deem prop12 er, $144,202,000, to remain available until September 30, 13 2020, of which not to exceed $3,640,000 for the special 14 exhibition program shall remain available until expended. 15 REPAIR, RESTORA.TION AND RENOVATION OF BUILDIKGS 16 For necessary expenses of repair, restoration and 17 renovation of buildings, grounds and facilities owned or 18 occupied by the National Gallery of Art, by contract or 19 otherwise, for operating lease agTeements of no more than 20 10 years, ·with no extensions or renewals beyond the 10 21 years, that address space needs created by the ongoing 22 renovations in the Master Facilities Plan, as authorized, 23 $24,203,000, to remain available until expended: Pro24 vided, rrhat contracts awarded for environmental systems, 25 protection systems, and exterior repair or renovation of February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-INT.xml SEN. APPRO. 119 1 buildings of the National Gallery of Art may be negotiated 2 ·with selected contractors and awarded on the basis of con3 tractor qualifications as well as price. 4 JOHN F. KENNEDY CENTER FOR THE PERFORl\IING 5 ARTS 6 OPERA.TIONS AND MAINTENANCE 7 For necessary e:1..'I)enses for the operation, mainte- 8 nance and security of the John F. Kennedy Center for 9 the Performing Arts, $24,490,000. 10 11 CAPITAL REPAIR AND RESTORATION For necessary expenses for capital repair and restora- 12 tion of the existing features of the building and site of 13 the John ]--,. Kennedy Center for the Performing Arts, 14 $16,800,000, to remain available until expended. 15 WOODROW \VILSON INTERNATIONAL CENTER FOR 16 SCHOLARS 17 SALARIES AND EXPENSES 18 For e:1..'I)enses necessary in carrying out the provisions 19 of the Woodrow Wilson l\[emorial Act of 1968 (82 Stat. 20 1356) including hire of passenger vehicles and services as 21 authorized by 5 U.S.C. 3109, $12,000,000, to remain 22 available until September 30, 2020. February 7, 2019 (2:52 p.m.) U :\20 l 9CO Nl<-,\DiYE-INT .xrnl SEK. APPRO. 120 1 KATIONAL FOUN'DATION ON THE ARTS AN"D THE 2 H UlVIAi"\l"ITIE S 3 NATION.AL ENDOvVlVIENT FOR THE ARTS 4 GRANTS AND ADl\IIXISTRATIO:N 5 :B'or necessary expenses to carry out the National 6 Foundation on the Arts and the Humanities Act of 1965, 7 $155,000,000 shall be available to the National Endow8 ment for the Arts for the support of projects and produc9 tions in the arts, including arts education and public out10 reach activities, through assistance to organizations and 11 individuals pursuant to section 5 of the Act, for program 12 support, and for administering the functions of the Act, 13 to remain available until expended. 14 NATIONAL ENDOWlVI:ENT FOR THE HUlV~~ITIES 15 GRANTS . AND ADl\IINISTRATIO:N 16 For necessary expenses to carry out the National 17 Foundation on the Arts and the Humanities Act of 1965, 18 $155,000,000 to remain available until expended, of which 19 $141,750,000 shall be available for support of activities 20 in the humanities, pursuant to section 7 (c) of the Act and 21 for administering the functions of the Act; and 22 $13,250,000 shall be available to carry out the matching 23 grants program pursuant to section 10(a)(2) of the Act, 24 including $11,250,000 for the purposes of section 7(h): 25 Provided, That appropriations for carrying out section February 7, 2019 (2:52 p.m.) SE~. APPRO. U:\2019CONF\DiYE-INT.A111l 121 1 10(a)(2) shall be available for obligation only in such 2 amounts as may be equal to the total amounts of gifts, 3 bequests, devises of money, and other property accepted 4 by the chairman or by grantees of the National Endow5 ment for the Humanities under the provisions of sections 6 ll(a)(2)(B) and ll(a)(3)(B) during the current and pre7 ceding fiscal years for which equal amounts have not pre8 viously been appropriated. 9 10 ADMINISTRATIVE PROVISIONS None of the funds appropriated to the National 11 Foundation on the Arts and the Humanities may be used 12 to process any gTant or contract documents which do not 13 include the teA't of 18 U.S.C. 1913: Provided, That none 14 of the funds appropriated to the National Foundation on 15 the Arts and the Humanities may be used for official re16 ception and representation expenses: Provided further, 17 That funds from nonappropriated sources may be used as 18 necessary for official reception and representation ex19 penses: Provided further, That the Chairperson of the Na- 20 tional Endowment for the Arts may approve gTants of up 21 to $10,000, if in the aggregate the amount of such grants 22 does not exceed 5 percent of the sums appropriated for 23 grantmaking purposes per year: Provided further, rrhat 24 such small grant actions are taken pursuant to the terms February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CO)JF\DivE-INT.x:ml 122 1 of an expressed and direct delegation of authority from 2 the National Council on the Arts to the Chairperson. 3 COMMISSION OF FIXE ARTS 4 SALARIES AND EXPENSES 5 For expenses of the Commission of Fine Arts under 6 chapter 91 of title 40, United States Code, $2,771,000: 7 Provided, r.rhat the Commission is authorized to charge 8 fees to cover the full costs of its publications, and such 9 fees shall be credited to this account as an offsetting col- l O lection, to remain available until expended without further 11 appropriation: Provided further, That the Commission is 12 authorized to accept gifts, including objects, papers, art13 work, drawings and artifacts, that pertain to the history 14 and design of the Nation's Capital or the history and ac15 tivities of the Commission of Fine Arts, for the purpose 16 of artistic display, study, or education: Provided further, 17 rrhat one-tenth of one percent of the funds provided under 18 this heading may be used for official reception and rep19 resentation expenses. 20 21 NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS For necessary expenses as authorized by Public Law 22 99-190 (20 U.S.C. 956a), $2,750,000. February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DivE-I~T.xrnl 123 1 ADVISORY COUNCIL ON HISTORIC PRESERVATION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Advisory Council on 4 Historic Preservation (Public Law 89-665), $6,890,000. 5 NATIONAL CAPITAL PLA.1~NING COMlVIISSION 6 SALARIES AND EXPE~SES 7 For necessary expenses of the National Capital Plan- 8 ning Commission under chapter 87 of title 40, United 9 States Code, including services as authorized by 5 U.S.C. 10 3109, $8,099,000: Provided, rrhat one-quarter of 1 per11 cent of the funds provided under this heading may be used 12 for official reception and representational expenses associ13 ated ·with hosting international visitors engaged in the 14 planning and physical development of world capitals. 15 UNITED STATES HOLOCAUST MEMORIAL MUSEUM 16 HOLOCAUST lVIElVIORIAL MUSEUM 17 For eJ\..'J)enses of the Holocaust Memorial Museum, as 18 authorized by Public Law 106-292 (36 U.S.C. 230119 2310), $59,000,000, of which $1,715,000 shall remain 20 available until September 30, 2021, for the :Museum's 21 equipment replacement progTam; and of which $4,000,000 22 for the Museum's repair and rehabilitation program and 23 $1,264,000 for the Museum's outreach initiatives program 24 shall remain available until expended. February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019CONF\DiYE-INT.xml 124 1 DvVIGHT D. EISENHO\VER MEMORIAL COlVIlVIISSION 2 SALARIES AND EXPENSES 3 For necessary expenses of the Dwight D. Eisenhower 4 1\/[emorial Commission, $1,800,000, to remain available 5 until expended. 6 ,v-O:l\IEN'S SUFFRAGE CENTENNLU, COMMISSION 7 SALARIES A~D EXPENSES 8 For necessary expenses for the Women's Suffrage 9 Centennial Commission, as authorized by the Women's 10 Suffrage Centennial Commission Act (section 431 (a) ( 3) of 11 division G of Public Law 115-31), $1,000,000, to remain 12 available until expended. 13 "\YORLD WAR I CENTENNIAL COl\IlVIISSION 14 SALARIES AND EXPE~SES 15 Notwithstanding section 9 of the \Vorld War I Cen- 16 tennial Commission Act, as authorized by the World War 17 I Centennial Commission Act (Public Law 112-272) and 18 the Carl Levin and Howard P. "Buck" McKean National 19 Defense Authorization Act for Fiscal Year 2015 (Public 20 Law 113-291), for necessary expenses of the World War 21 I Centennial Commission, $7,000,000, to remain available 22 until expended: Provided, That in addition to the authority 23 provided by section 6(g) of such Act, the World War I 24 Commission may accept money, in-kind personnel services, February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKF\DiYE-IKT.xrnl 125 1 contractual support, or any appropriate support from any 2 executive branch agency for activities of the Commission. February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DivE-INT.xml 126 1 TITLE IV 2 GENERAL PROVISIONS 3 (INCLUDING TRANSFERS OF Fl:-NDS) 4 RESTRICTION ON USE OF FUNDS 5 SEC. 401. Ko part of any appropriation contained in 6 this Act shall be available for any activity or the publica7 tion or distribution of literature that in any way tends to 8 promote public support or opposition to any legislative 9 proposal on which Congressional action is not complete 10 other than to communicate to Members of Congress as 11 described in 18 U.S.C. 1913. 12 13 OBLIGATION OF APPROPRIATIONS SEC. 402. No part of any appropriation contained in 14 this Act shall remain available for obligation beyond the 15 current fiscal year unless eAl)ressly so provided herein. 16 17 DISCLOSURE OF ADMINISTRATIVE EXPENSES SEC. 403. ri~he amount and basis of estimated over- 18 head charges, deductions, reserves or holdbacks, including 19 working capital fund and cost pool charges, from pro20 grams, projects, activities and subactivities to support gov21 ernment-wide, departmental, agency, or bureau adminis22 trative functions or headquarters, regional, or central op23 erations shall be presented in annual budget justifications 24 and subject to approval by the Committees on Appropria25 tions of the House of Representatives and the Senate. February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CON:F'\DivE-INT.:s:ml 127 1 Changes to such estimates shall be presented to the Com2 mittees on Appropriations for approval. 3 4 MINING APPLICATIONS SEC. 404. (a) LI1\IITATION OF FUNDS.-None of the 5 funds appropriated or otherwise made available pursuant 6 to this Act shall be obligated or expended to accept or 7 process applications for a patent for any mining or mill 8 site claim located under the general mining laws. 9 (b) EXCEPTIONS.-Subsection (a) shall not apply if 10 the Secretary of the Interior determines that, for the claim 11 concerned ( 1) a patent application was filed with the Sec- 12 retary on or before September 30, 1994; and (2) all re- 13 quirements established under sections 2325 and 2326 of 14 the Revised Statutes (30 U.S.C. 29 and 30) for vein or 15 lode claims, sections 2329, 2330, 2331, and 2333 of the 16 Revised Statutes (30 U.S.C. 35, 36, and 37) for placer 17 claims, and section 2337 of the Revised Statutes (30 18 U.S.C. 42) for mill site claims, as the case may be, were 19 fully complied with by the applicant by that date. 20 (c) REPORT.-On September 30, 2020, the Secretary 21 of the Interior shall file with the House and Senate Com22 mittees on Appropriations and the Committee on Natural 23 Resources of the House and the Committee on Energy and 24 Natural Resources of the Senate a report on actions taken 25 by the Department under the plan submitted pursuant to February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DiYE-INT.xml 128 1 section 314( c) of the Department of the Interior and Re2 lated Agencies Appropriations Act, 1997 (Public Law 3 104-208). 4 (d) lVII!\"ERAL EXAlVIINATIONS.-In order to process 5 patent applications in a timely and responsible manner, 6 upon the request of a patent applicant, the Secretary of 7 the Interior shall allow the applicant to fund a qualified 8 third-party contractor to be selected by the Director of the 9 Bureau of Land Management to conduct a mineral exam10 ination of the mining claims or mill sites contained in a 11 patent application as set forth in subsection (b). The Bu- 12 reau of Land :Management shall have the sole responsi13 bility to choose and pay the third-party contractor in ac14 cordance with the standard procedures employed by the 15 Bureau of Land l\Ianagement in the retention of third16 party contractors. 17 18 CONTRACrr SUPPORT COSTS, PRIOR YEAR LIMITATION SEC. 405. Sections 405 and 406 of division F of the 19 Consolidated and Further Continuing Appropriations Act, 20 2015 (Public Law 113-235) shall continue in effect in fis21 cal year 2019. 22 23 24 CONTRACT SUPPORT COSTS, FISCAL 1"'EAR 2019 LIMITATION SEC. 406. Amounts provided by this Act for fiscal 25 year 2019 under the headings "Department of Health and February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-INT.xml SEN. APPRO. 129 1 Human Services, Indian Health Service, Contract Support 2 Costs" and "Department of the Interior, Bureau of Indian 3 Affairs and Bureau of Indian Education, Contract Sup4 port Costs" are the only amounts available for contract 5 support costs arising out of self-determination or self-gov6 ernance contracts, grants, compacts, or annual funding 7 agreements for fiscal year 2019 with the Bureau of Indian 8 Affairs or the Indian Health Service: Provided, That such 9 amounts provided by this Act are not available for pay10 ment of claims for contract support costs for prior years, 11 or for repayments of payments for settlements or judg- 12 ments awarding contract support costs for prior years. 13 14 FOREST lVIANAGEMENT Phh~S SEC. 407. The Secretary of Agriculture shall not be 15 considered to be in violation of subparagraph 6(f)(5)(A) 16 of the Forest and Rangeland Renewable Resources Plan17 ning Act of 197 4 (16 U.S.C. 1604(f)(5)(A)) solely because 18 more than 15 years have passed ·without revision of the 19 plan for a unit of the National Forest System. Nothing 20 in this section exempts the Secretary from any other re- 21 quirement of the Forest and Rangeland Renewable Re22 sources Planning Act (16 U.S.C. 1600 et seq.) or any 23 other law: Provided, That if the Secretary is not acting 24 expeditiously and in good faith, within the funding avail25 able, to revise a plan for a unit of the National Forest February 7, 2019 (2:52 p.m.) l::\2019CONF\DivE-IKT.xml SEN. APPRO. 130 1 System, this section shall be void with respect to such plan 2 and a court of proper jurisdiction may order completion 3 of the plan on an accelerated basis. 4 5 PROHIBITION vVITHIN NATIONAL 1\IONU1VIE~TS SEC. 408. Ko funds provided in this Act may be ex- 6 pended to conduct preleasing, leasing and related activities 7 under either the Mineral Leasing Act (30 U.S.C. 181 et 8 seq.) or the Outer Continental Shelf Lands Act (43 U.S.C. 9 1331 et seq.) ·within the boundaries of a National Monu10 ment established pursuant to the Act of June 8, 1906 (16 11 U.S.C. 431 et seq.) as such boundary existed on January 12 20, 2001, except where such activities are allowed under 13 the Presidential proclamation establishing such monu14 ment. 15 16 LIMITATION ON TAICTNGS SEC. 409. Unless otherwise provided herein, no funds 17 appropriated in this Act for the acquisition of lands or 18 interests in lands may be expended for the filing of dec19 larations of taking or complaints in condemnation ,vi.thout 20 the approval of the House and Senate Committees on Ap21 propriations: Provided, That this provision shall not apply 22 to funds appropriated to implement the Everglades Na23 tional Park Protection and Expansion Act of 1989, or to 24 funds appropriated for Federal assistance to the State of February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019COKF\DivE-INT.xml 131 1 Florida to acquire lands for Everglades restoration pur2 poses. 3 4 TIMBER SALE REQUIREMENTS SEC. 410. No timber sale in Alaska's Region 10 shall 5 be advertised if the indicated rate is deficit (defined as 6 the value of the timber is not sufficient to cover all logging 7 and stumpage costs and provide a normal profit and risk 8 allowance under the Forest Service's appraisal process) 9 when appraised using a residual value appraisal. The west10 ern red cedar timber from those sales which is surplus 11 to the needs of the domestic processors in Alaska, shall 12 be made available to domestic processors in the contiguous 13 48 United States at prevailing domestic prices. All addi14 tional western red cedar volume not sold to Alaska or con15 tiguous 48 United States domestic processors may be ex16 ported to foreign markets at the election of the timber sale 17 holder. All Alaska yellow cedar may be sold at prevailing 18 export prices at the election of the timber sale holder. 19 20 PROHIBITION" ON NO-BID CON'fRACTS SEC. 411. None of the funds appropriated or other- 21 wise made available by this Act to executive branch agen22 cies may be used to enter into any Federal contract unless 23 such contract is entered into in accordance with the re24 quirements of Chapter 33 of title 41, United States Code, February 7, 2019 (2:52 p.m.) SEN. APPRO. U :\2019CONF\DivE-IKT .x:ml 132 1 or Chapter 137 of title 10, United States Code, and the 2 :B--,ederal Acquisition Regulation, unless3 (1) Federal law specifically authorizes a con- 4 tract to be entered into without regard for these re- 5 quirements, including formula grants for States, or 6 federally recognized Indian tribes; 7 (2) such contract is authorized by the Indian 8 Self-Determination and Education Assistance Act 9 (Public Law 93-638, 25 U.S.C. 450 et seq.) or by 10 any other Federal laws that specifically authorize a 11 contract within an Indian tribe as defined in section 12 4(e) of that Act (25 U.S.C. 450b(e)); or 13 14 15 16 (3) such contract was awarded prior to the date of enactment of this Act. POSTING OF REPORTS SEG. 412. (a) Any agency receiving funds made avail- 17 able in this Act, shall, subject to subsections (b) and (c), 18 post on the public website of that agency any report re19 quired to be submitted by the Congress in this or any 20 other Act, upon the determination by the head of the agen21 cy that it shall serve the national interest. 22 (b) Subsection (a) shall not apply to a report if- 23 (1) the public posting of the report com- 24 25 February 7, 2019 (2:52 p.m.) promises national security; or (2) the report contains proprietary information. SE~. APPRO. U:\2019CO~.F\DiYE-INT.xml 133 1 (c) The head of the agency posting such report shall 2 do so only after such report has been made available to 3 the requesting Committee or Committees of CongTess for 4 no less than 45 days. 5 ~ATI01\TAL END0\V1VIENT FOR THE ARTS GRANT 6 GUIDELINES 7 SEC. 413. Of the funds provided to the National En- 8 dowment for the Arts9 (1) The Chairperson shall only award a grant 10 to an individual if such grant is awarded to such in- 11 dividual for a literature fellowship, National Herit- 12 age Fellowship, or Ainerican Jazz J\1Iasters Fellow- 13 ship. 14 (2) The Chairperson shall establish procedures 15 to ensure that no funding provided through a grant, 16 except a grant made to a State or local arts agency, 17 or regional group, may be used to make a grant to 18 any other organization or individual to conduct ac- 19 tivity independent of the direct grant recipient. 20 Nothing in this subsection shall prohibit payments 21 made in exchange for goods and services. 22 (3) No grant shall be used for seasonal support 23 to a group, unless the application is specific to the 24 contents of the season, including identified programs 25 or projects. February 7, 2019 (2:52 p.m.) SEN. APPRO. l: :\2019CO :-JF\DivE-IKT .xml 134 1 NA'l'IONAL ENDOvVJ\IENT FOR THE ARTS PROGRAM 2 PRIORITIES 3 SEC. 414. (a) In providing services or awarding fi- 4 nancial assistance under the National Foundation on the 5 Arts and the Humanities Act of 1965 from funds appro6 priated under this Act, the Chairperson of the National 7 Enduwment for the Arts shall ensure that priority is given 8 to providing services or awarding financial assistance for 9 projects, productions, workshops, or programs that serve 10 underserved populations. 11 (b) In this section: 12 (1) The term "underserved population" means 13 a population of individuals, including urban minori- 14 ties, who have historically been outside the purview 15 of arts and humanities programs due to factors such 16 as a high incidence of income below the poverty line 17 or to geographic isolation. 18 (2) The term "poverty line" means the poverty 19 line (as defined by the Office of l\[anagement and 20 Budget, and revised annually in accordance ,vith sec- 21 tion 673(2) of the Community Services Block Grant 22 Act (42 U.S.C. 9902(2))) applicable to a family of 23 the size involved. 24 (c) In providing services and awarding financial as- 25 sistance under the National Foundation on the Arts and February 7, 2019 (2:52 p.m.) U:\2019CONF\DiYE-INT.xml SEN. APPRO. 135 1 Humanities Act of 1965 ,vith funds appropriated by this 2 Act, the Chairperson of the National Endowment for the 3 Arts shall ensure that priority is given to providing serv4 ices or awarding financial assistance for projects, produc- 5 tions, workshops, or programs that ,vill encourage public 6 knowledge, education, understanding, and appreciation of 7 the arts. 8 (d) With funds appropriated by this Act to carry out 9 section 5 of the National Foundation on the Arts and Hu10 manities Act of 196511 (1) the Chairperson shall establish a grant cat- 12 egory for projects, productions, workshops, or pro- 13 gTams that are of national impact or availability or 14 are able to tour several States; 15 (2) the Chairperson shall not make grants ex- 16 ceeding 15 percent, in the aggregate, of such funds 17 to any single State, excluding grants made under the 18 authority of paragraph (1); 19 (3) the Chairperson shall report to the Con- 20 gTess annually and by State, on grants awarded by 21 the Chairperson in each grant category under sec- 22 tion 5 of such Act; and 23 (4) the Chairperson shall encourage the use of 24 grants to improve and support community-based 25 music performance and education. February 7, 2019 (2:52 p.m.) U:\2019COKI<..,\DivE-I~T.xml SEN. APPRO. 136 1 2 STATUS OF BALANCES OF APPROPRIATION"S SEC. 415. The Department of the Interior, the Envi- 3 ronmental Protection Agency, the Forest Service, and the 4 Indian Health Service shall provide the Committees on 5 Appropriations of the House of Representatives and Sen6 ate quarterly reports on the status of balances of appro- 7 priations including all uncommitted, committed, and unob8 ligated funds in each program and activity. 9 10 PROHIBITION ON USE OF FUNDS SEC. 416. Notwithstanding any other provision of 11 law, none of the funds made available in this Act or any 12 other Act may be used to promulgate or implement any 13 regulation requiring the issuance of permits under title V 14 of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon 15 dioxide, nitrous oxide, water vapor, or methane emissions 16 resulting from biological processes associated ,vith live17 stock production. 18 19 GREENHOUSE GAS REPORTING RESTRICTIONS SEC. 417. Notmthstanding any other provision of 20 law, none of the funds made available in this or any other 21 Act may be used to implement any provision in a rule, 22 if that provision requires mandatory reporting of green23 house gas emissions from manure management systems. February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-INT .xrnl SEN. APPRO. 137 1 2 FUNDING PROHIBI'l'ION SEC. 418. Kone of the funds made available by this 3 or any other Act may be used to regulate the lead content 4 of ammunition, ammunition components, or fishing tackle 5 under the Toxic Substances Control Act (15 U.S.C. 2601 6 et seq.) or any other law. 7 8 CONTRACTING AU'rHORITIES SEC. 419. Section 412 of Division E of Public Law 9 112-7 4 is amended by striking "fiscal year 2019" and in10 serting "fiscal year 2020". 11 12 EXTENSION OF GRAZING PERl\IITS SEC. 420. rrhe terms and conditions of section 325 13 of Public Law 108-108 (117 Stat. 1307), regarding graz14 ing permits issued by the Forest Service on any lands not 15 subject to administration under section 402 of the Federal 16 Lands Policy and Management Act (43 U.S.C. 1752), 17 shall remain in effect for fiscal year 2019. 18 19 FTJNDING PROHIBITION SEC. 421. (a) None of the funds made available in 20 this Act may be used to maintain or establish a computer 21 network unless such network is designed to block access 22 to pornography websites. 23 (b) Nothing in subsection (a) shall limit the use of 24 funds necessary for any Federal, State, tribal, or local law February 7, 2019 (2:52 p.m.) SEN. APPRO. l:':\2019CONF\DivE-INT.xrnl 138 1 enforcement agency or any other entity carrying out crimi- 2 nal investigations, prosecution, or adjudication activities. 3 FOREST SERVICE FACILITY REALIGNl\IE:NT AND 4 ENILlliCEl\IE:NT ACT 5 SEC. 422. Section 503(f) of the Forest Service Facil- 6 ity Realignment and Enhancement Act of 2005 (16 U.S.C. 7 580d note; Public Law 109-54) is amended by striking 8 "2018" and inserting "2019". 9 10 USE OF Al\1:ERICAN IRON AND STEEL SEC. 423. (a)(l) None of the funds made available 11 by a State water pollution control revolving fund as au12 thorized by section 1452 of the Safe Drinking Water Act 13 (42 U.S.C. 300j-12) shall be used for a project for the 14 construction, alteration, maintenance, or repair of a public 15 water system or treatment works unless all of the iron and 16 steel products used in the project are produced in the 17 United States. 18 (2) In this section, the term "iron and steel" products 19 means the follnwing products made primarily of iron or 20 steel: lined or unlined pipes and fittings, manhole covers 21 and other municipal castings, hydrants, tanks, flanges, 22 pipe clamps and restraints, valves, structural steel, rein23 forced precast concrete, and construction materials. 24 (b) Subsection (a) shall not apply in any case or cat- 25 egory of cases in which the Administrator of the Environ- February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-IKT.xrnl SEN. APPRO. 139 1 mental Protection Agency (in this section referred to as 2 the "Administrator") finds that3 4 (1) applying subsection (a) would be mconsistent with the public interest; 5 (2) iron and steel products are not produced in 6 the United States in sufficient and reasonably avail- 7 able quantities and of a satisfactory quality; or 8 (3) inclusion of iron and steel products pro- 9 duced in the United States will increase the cost of 10 the overall project by more than 25 percent. 11 (c) If the Administrator receives a request for a waiv- 12 er under this section, the Administrator shall make avail13 able to the public on an informal basis a copy of the re14 quest and information available to the Administrator con15 cerning the request, and shall allow for informal public 16 input on the request for at least 15 days prior to making 17 a finding based on the request. rrhe Administrator shall 18 make the request and accompanying information available 19 by electronic means, including on the official public Inter- 20 net Web site of the Environmental Protection Agency. 21 (d) rrhis section shall be applied in a manner con- 22 sistent with United States obligations under international 23 agTeements. 24 (e) rrhe Administrator may retain up to 0.25 percent 25 of the funds appropriated in this Act for the Clean and February 7, 2019 (2:52 p.m.) SEN. APPRO. V:\2019CO~F\DiYE-I~T.xml 140 1 Drinking Water State Revolving ~·unds for carrying out 2 the provisions described in subsection (a) (1) for manage3 ment and oversight of the requirements of this section. 4 5 MIDWAY ISLAND SEC. 424. None of the funds made available by this 6 Act may be used to destroy any buildings or structures 7 on Midway Island that have been recommended by the 8 United States Navy for inclusion in the National Register 9 of Historic Places (54 U.S.C. 302101). 10 JOH::\f 11 SEC. 425. Section 13 of the John F. Kennedy Center F. KENNEDY CENTER REAUTI-IORIZATIO::\f 12 Act (20 U.S.C. 76r) is amended by striking subsections 13 (a) and (b) and inserting the following: 14 "(a) l\!IAINTENA.i'JCE, REPAIR, A_.'JD SECURITY.- 15 'rhere is authorized to be appropriated to the Board to 16 carry out section 4(a)(l)(H), $24,490,000 for fiscal year 17 2019. 18 "(b) CAPITAL PROJECTS.-There is authorized to be 19 appropriated to the Board to carry out subparagraphs (F) 20 and (G) of section 4(a)(l), $16,800,000 for fiscal year 21 2019.". February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CONF\DiYE-INT.xml 141 1 LOCAL COOPERATOR TRAINING AGREEMENTS A.,D TRANS- 2 FERS OF EXCESS EQUIPMENT AND SUPPLIES FOR 3 "\YILDFIRES 4 SEC. 426. The Secretary of the Interior is authorized 5 to enter into grants and cooperative agreements with vol6 unteer fire departments, rural fire departments, rangeland 7 fire protection associations, and similar organizations to 8 provide for wildland fire training and equipment, including 9 supplies and communication devices. Notwithstanding 10 121(c) of title 40, United States Code, or section 521 of 11 title 40, United States Code, the Secretary is further au12 thorized to transfer title to excess Department of the Inte13 rior firefighting equipment no longer needed to carry out 14 the functions of the Department's wildland fire manage15 ment program to such organizations. 16 17 RECREATION FEES SEC. 427. Section 810 of the Federal Lands Recre- 18 ation Enhancement Act (16 U.S.C. 6809) shall be applied 19 by substituting "October 1, 2020" for "September 30, 20 2019". 21 22 POLICIES RELATING TO BIOMASS ENERGY SEC. 428. rro support the key role that forests in the 23 United States can play in addressing the energy needs of 24 the United States, the Secretary of Energy, the Secretary 25 of Agriculture, and the Administrator of the Environ- February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019CO:,rF\DiYE-l~T.xml 142 1 mental Protection Agency shall, consistent with their mis2 sions, jointly3 4 (1) ensure that Federal policy relating to forest bioenergy- 5 6 (A) is consistent across all Federal departments and agencies; and 7 (B) recognizes the full benefits of the use 8 of forest biomass for energy, conservation, and 9 responsible forest management; and 10 (2) establish clear and simple policies for the 11 use of forest biomass as an energy solution, includ- 12 ing policies that- 13 (A) reflect the carbon-neutrality of forest 14 bioenergy and recognize biomass as a renewable 15 energy source, provided the use of forest bio- 16 mass for energy production does not cause con- 17 version of forests to non-forest use; 18 (B) encourage private investment through- 19 out the forest biomass supply chain, including 20 111- 21 (i) working forests; 22 (ii) harvesting operations; 23 (iii) forest improvement operations; 24 (iv) forest bioenergy production; 25 (v) wood products manufacturing; or February 7, 2019 (2:52 p.m.) SEN. APPRO. U:\2019COKI<--,\DivE-INT.xml 143 (vi) paper manufacturing; 1 2 (C) encourage forest management to nn- 3 prove forest health; and 4 (D) recognize State initiatives to produce and use forest biomass. 5 6 7 INFRASTRUCTURE SEC. 429. (a) For an additional amount for "Envi- 8 ronmental Protection Agency-Hazardous Substance 9 Superfund", $68,000,000, of which $60,000,000 shall be 10 for the Superfund Remedial program and $8,000,000 11 shall be for the Superfund Emergency Response and Re12 moval progTam, to remain available until expended, con13 sisting of such sums as are available in the Trust Fund 14 on September 30, 2018, as authorized by section 517(a) 15 of the Superfund Amendments and Reauthorization Act 16 of 1986 (SARA) and up to $68,000,000 as a payment 17 from general revenues to the Hazardous Substance Super18 fund for purposes as authorized by section 517(b) of 19 SARA. 20 (b) For an additional amount for "Environmental 21 Protection Agency-State and Tribal Assistance Grants," 22 for environmental programs and infrastructure assistance, 23 including capitalization grants for State revolving funds 24 and performance partnership grants, $665,000,000 to re25 main available until expended, of which- February 7, 2019 (2:52 p.m.) U:\2019CONF\DivE-I~T.xrnl SEK. APPRO. 144 1 (1) $300,000,000 shall be for making capital- 2 ization grants for the Clean Water State Revolving 3 Funds under title VI of the Federal Water Pollution 4 Control Act; and of which $300,000,000 shall be for 5 making capitalization grants for the Drinking Water 6 State Revolving Funds under section 1452 of the 7 Safe Drinking Water Act; 8 (2) $25,000,000 shall be for grants for small 9 and disadvantaged communities authorized in sec- 10 tion 2104 of the Water Infrastructure Improvements 11 for the Nation Act (Public Law 114-322); 12 (3) $25,000,000 shall be for grants for lead 13 testing in school and child care program drinking 14 water authorized in section 2107 of the Water Infra- 15 structure Improvements for the Nation Act (Public 16 Law 114-322); 17 (4) $15,000,000 shall be for gTants for reduc- 18 mg lead in drinking water authorized in section 19 2105 of the Water Infrastructure Improvements for 20 the Nation Act (Public Law 114-322). 21 (c) For an additional amount for "Environmental 22 Protection Agency-Water Infrastructure Finance and In23 novation Program Account", $58,000,000, to remain 24 available until expended, for the cost of direct loans, for 25 the cost of guaranteed loans, and for administrative ex- February 7, 2019 (2:52 p.m.) SEK. APPRO. U:\2019COKF\DivE-IKT.xml 145 1 penses to carry out the direct and guaranteed loan pro2 grams, of which $3,000,000, to remain available until Sep3 tember 30, 2020, may be used for such administrative ex4 penses: Provided, That these additional funds are available 5 to subsidize gross obligations for the principal amount of 6 direct loans, including capitalized interest, and total loan 7 principal, including capitalized interest, any part of which 8 is to be guaranteed, not to exceed $6,700,000,000. 9 10 SMALL REMOTE INCINERJ\.. TORS SEC. 430. None of the funds made available in this 11 Act may be used to implement or enforce the regulation 12 issued on l\1arch 21, 2011 at 40 CFR part 60 subparts 13 CCCC and DDDD with respect to units in the State of 14 Alaska that are defined as "small, remote incinerator" 15 units in those regulations and, until a subsequent regula16 tion is issued, the Administrator shall implement the law 17 and regulations in effect prior to such date. 18 19 CLARIFICATION OF EXEMPTIONS SEC. 431. None of the funds made available in this 20 Act may be used to require a permit for the discharge 21 of dredged or fill material under the Federal Water Pollu22 tion Control Act (33 U.S.C. 1251 et seq.) for the activities 23 identified in subparagraphs (A) and (C) of section 24 404(f)(l) of the Act (33 U.S.C. 1344(f)(l)(A), (C)). February 7, 2019 (2:52 p.m.) SEX APPRO. l::\2019COKJ<-,\DiYE-INT.xml 146 1 This division may be cited as the "Department of the 2 Interior, Environment, and Related Agencies Appropria3 tions Act, 2019". February 7, 2019 (2:52 p.m.) U:\2019CONF\DivF-SFOPS.xml 1 DIVISION SEN. APPRO. F-DEPARTMENT OF STATE, 2 FOREIGN OPERATIONS, AND RELATED 3 PROGRAMS 4 2019 APPROPRIATIONS ACT, 5 TITLE I 6 DEPARTMENT OF STATE AND RELATED 7 AGENCY 8 DEPARTMENT OF STATE 9 ADMINISTRATION OF FOREIGN AFFAIRS 10 DIPLOMATIC PROGRAl\IS 11 For necessary expenses of the Department of State 12 and the Foreign Service not otherwise provided for, 13 $5,947,952,000, of which up to $671,726,000 may remain 14 available until September 30, 2020, and of which up to 15 $1,469,777,000 may remain available until expended for 16 Worldwide Security Protection: Provided, That funds 17 made available under this heading shall be allocated in ac18 cordance with paragraphs (1) through (4) as follows: 19 (1) HUMAN RESOURCES.-For necessary ex- 20 penses for training, human resources management, 21 and salaries, including employment without regard 22 to civil service and classification laws of persons on 23 a temporary basis (not to exceed $700,000), as au- 24 thorized by section 801 of the United States Infor- February 9, 2019 (2:13 p.m.) ~x ~ U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 2 1 mation and Educational Exchange Act of 1948, 2 $2,871,794,000, of which up to $528,000,000 is for 3 Worldwide Security Protection. 4 (2) OVERSEAS PROGRAMS.-For necessary ex- 5 penses for the regional bureaus of the Department 6 of State and overseas activities as authorized by law, 7 $1,338,227,000. 8 (3) DIPLOMATIC POLICY AND SUPPORT.-For 9 necessary expenses for the functional bureaus of the 10 Department of State, including representation to 11 certain international organizations in which the 12 United States participates pursuant to treaties rati- 13 fied pursuant to the advice and consent of the Sen- 14 ate or specific Acts of Congress, general administra- 15 tion, and arms control, nonproliferation and disar- 16 mament activities as authorized, $773,847,000. 17 (4) SECURITY PROGRAMS.-For necessary ex- 18 penses for security activities, $964,084,000, of which 19 up to $941,777,000 is for Worldwide Security Pro- 20 tection. 21 (5) FEES AND PAYMENTS COLLECTED.-ln ad- 22 dition to amounts otherwise made available under 23 this heading- 24 (A) as authorized by section 810 of the 25 United States Information and Educational Ex- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 3 1 change Act, not to exceed $5,000,000, to re- 2 main available until expended, may be credited 3 to this appropriation from fees or other pay- 4 ments received from English teaching, library, 5 motion pictures, and publication programs and 6 from fees from educational advising and coun- 7 seling and exchange visitor programs; and 8 (B) not to exceed $15,000, which shall be 9 derived from reimbursements, surcharges, and 10 fees for use of Blair House facilities. 11 (6) TRANSFER OF FUNDS, REPROGRAMMING, 12 .A1"1"D OTHER MATTERS.- 13 (A) Notwithstanding any other provision of 14 this Act, funds may be reprogrammed within 15 and between paragraphs (1) through (4) under 16 this heading subject to section 7015 of this Act. 17 (B) Of the amount made available under 18 this heading, not to exceed $10,000,000 may be 19 transferred to, and merged with, funds made 20 available by this Act under the heading "Emer- 21 gencies in the Diplomatic and Consular Serv- 22 ice", to be available only for emergency evacu- 23 ations and rewards, as authorized. 24 (C) Funds appropriated under this heading 25 are available for acquisition by exchange or pur- February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\20 l 9CO NF\DivF-SFOPS.xml 4 1 chase of passenger motor vehicles as authorized 2 by law and, pursuant to section llOS(g) of title 3 31, United States Code, for the field examina- 4 tion of programs and activities in the United 5 States funded from any account contained in 6 this title. 7 (D) Funds appropriated under this head- 8 ing that are designated for Worldwide Security 9 Protection shall continue to be made available 10 for support of security-related training at sites 11 in existence prior to the enactment of this Act. 12 (7) CLARIFIC.ATION.-References to the "Diplo- 13 matic and Consular Programs" account in any pro- 14 vision of law shall be construed to include the "Dip- 15 lomatic Programs" account in this Act and other 16 Acts making appropriations for the Department of 17 State, foreign operations, and related programs. 18 GAPIT. AL INVESTMENT FUND 19 For necessary expenses of the Capital Investment 20 Fund, as authorized, $92,770,000, to remain available 21 until expended. OFFICE OF INSPECTOR GENERAL 22 23 For necessary expenses of the Office of Inspector 24 General, $90,829,000, notwithstanding section 209(a)(l) 25 of the February 9, 2019 (2:13 p.m.) Foreign Service Act of 1980 (22 U.S.C. SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 5 1 3929(a)(l)), as it relates to post inspections: Provided, 2 That of the funds appropriated under this heading, 3 $13,624,000 may remain available until September 30, 4 2020. 5 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS 6 For expenses of educational and cultural exchange 7 programs, as authorized, $700,946,000, to remain avail8 able until expended, of which not less than $271,500,000 9 shall be for the Fulbright Program and not less than 10 $111,860,000 shall be for Citizen Exchange Program: 11 Provided) That fees or other payments received from, or 12 in connection with, English teaching, educational advising 13 and counseling programs, and exchange visitor programs 14 as authorized may be credited to this account, to remain 15 available until expended: Provided further, That a portion 16 of the Fulbright awards from the Eurasia and Central 17 Asia regions shall be designated as Edmund S. Muskie 18 Fellowships, following consultation with the Committees 19 on Appropriations: Provided further, That any substantive 20 modifications from the prior fiscal year to programs fund21 ed by this Act under this heading shall be subject to prior 22 consultation with, and the regular notification procedures 23 of, the Committees on Appropriations. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 6 1 REPRESENTATION EXPENSES 2 For representation expenses as authorized, 3 $8,030,000. 4 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS 5 For expenses, not otherwise provided, to enable the 6 Secretary of State to provide for extraordinary protective 7 services, as authorized, $30,890,000, to remain available 8 until September 30, 2020. 9 EMBASSY SECURITY, CONSTRUCTION, AND 1\B.INTEN..ANCE 10 For necessary expenses for carrying out the Foreign 11 Service Buildings Act of 1926 (22 U.S.C. 292 et seq.), 12 preserving, maintaining, repairing, and planning for real 13 property that are owned or leased by the Department of 14 State, and renovating, in addition to funds otherwise avail15 able, the Harry S rrruman Building, $777,200,000, to re16 main available until September 30, 2023, of which not to 17 exceed $25,000 may be used for overseas representation 18 expenses as authorized: Provided, That none of the funds 19 appropriated in this paragraph shall be available for acqui20 sition of furniture, furnishings, or generators for other de21 partments and agencies of the United States Government. 22 In addition, for the costs of worldwide security up- 23 grades, acquisition, and construction as authorized, 24 $1,198,249,000, to remain available until expended: Pro25 vided, That not later than 45 days after enactment of this February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 7 1 Act, the Secretary of State shall submit to the Committees 2 on Appropriations the proposed allocation of funds made 3 available under this heading and the actual and antici4 pated proceeds of sales or gifts for all projects in fiscal 5 year 2019. 6 EMERGENCIES IN THE DIPLOMATIC .AND CONSULAR 7 SER\~CE 8 For necessary expenses to enable the Secretary of 9 State to meet unforeseen emergencies arising in the Diplo10 matic and Consular Service, as authorized, $7,885,000, to 11 remain available until expended, of which not to exceed 12 $1,000,000 may be transferred to, and merged with, funds 13 appropriated by this Act under the heading "Repatriation 14 Loans Program Account": Provided, That $800,000 of the 15 funds appropriated under this heading may not be obli16 gated until the Secretary of State testifies before the Com17 mittees on Appropriations concerning the fiscal year 2020 18 budget request for the Department of State: Provided fur- l 9 ther, That the limitation of the previous proviso shall not 20 apply if such funds are necessary for emergency evacu 21 ations and the payment of rewards for information related 22 to international terrorism, narcotics related activities, 23 transnational organized crime, and war crimes as author24 ized by section 36 of the State Department Basic Authori25 ties Act of 1956 (22 U.S.C. 2708). February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 8 1 REPATRIATION LOANS PROGRAM ACCOUNT For the cost of direct loans, $1,300,000, as author- 2 3 ized: Provided, That such costs, including the cost of 4 modifying such loans, shall be as defined in section 502 5 of the Congressional Budget Act of 197 4: Provided fur6 ther, That such funds are available to subsidize gross obli7 gations for the principal amount of direct loans not to ex- 8 ceed $5,686,032. 9 PA1.1\IENT TO THE .AMERICAN INSTITUTE IN TAIWAN 10 For necessary expenses to carry out the Taiwan Rela- 11 tions Act (Public Law 96-8), $31,963,000. 12 INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF 13 COLUMBIA Not to exceed $1,806,600 shall be derived from fees 14 15 collected from other executive agencies for lease or use of 16 facilities at the International Center in accordance with 17 section 4 of the International Center Act (Public Law 9018 553), and, in addition, as authorized by section 5 of such 19 Act, $743,000, to be derived from the reserve authorized 20 by such section, to be used for the purposes set out in 21 that section. 22 PAYMENT TO THE FOREIGN SERVICE RETIRE:MENT AND 23 DISABILITY FUND 24 For payment to the Foreign Service Retirement and 25 Disability Fund, as authorized, $158,900,000. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 9 1 INTERNATIONAL ORGANIZATIONS 2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 3 For necessary expenses, not otherwise provided for, 4 to meet annual obligations of membership in international 5 multilateral organizations, pursuant to treaties ratified 6 pursuant to the advice and consent of the Senate, conven- 7 tions, or specific Acts of Congress, $1,264,030,000: Pro- 8 vided, That the Secretary of State shall, at the time of 9 the submission of the President's budget to Congress 10 under section 1105(a) of title 31, United States Code, 11 transmit to the Committees on Appropriations the most 12 recent biennial budget prepared by the United Nations for 13 the operations of the United Nations: Provided further, 14 rrhat the Secretary of State shall notify the Committees 15 on Appropriations at least 15 days in advance (or in an 16 emergency, as far in advance as is practicable) of any 17 United Nations action to increase funding for any United 18 Nations program without identifying an offsetting de19 crease elsewhere in the United Nations budget: Provided 20 further, That not later than May 1, 2019, and 30 days 21 after the end of fiscal year 2019, the Secretary of State 22 shall report to the Committees on Appropriations any 23 credits attributable to the United States, including from 24 the United Nations Tax Equalization Fund, and provide 25 updated fiscal year 2019 and fiscal year 2020 assessment February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 10 1 costs including offsets from available credits and updated 2 foreign currency exchange rates: Provided further, That 3 any such credits shall only be available for United States 4 assessed contributions to the United Nations regular 5 budget, and the Committees on Appropriations shall be 6 notified when such credits are applied to any assessed con- 7 tribution, including any payment of arrearages: Provided 8 further, That any notification regarding funds appro9 priated or otherwise made available under this heading in 10 this Act or prior Acts making appropriations for the De11 partment of State, foreign operations, and related pro- 12 grams submitted pursuant to section 7015 of this Act, sec13 tion 34 of the State Department Basic Authorities Act 14 of 1956 (22 U.S.C. 2706), or any operating plan sub- 15 mitted pursuant to section 7070 of this Act, shall include 16 an estimate of all known credits currently attributable to 17 the United States and provide updated assessment costs 18 including offsets from available credits and updated for19 eign currency exchange rates: Provided further, That any 20 payment of arrearages under this heading shall be directed 21 to activities that are mutually agreed upon by the United 22 States and the respective international organization and 23 shall be subject to the regular notification procedures of 24 the Committees on Appropriations: Provided further, That 25 none of the funds appropriated under this heading shall February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 11 1 be available for a United States contribution to an inter2 national organization for the United States share of inter3 est costs made known to the United States Government 4 by such organization for loans incurred on or after Octo5 ber 1, 1984, through external borrowings. 6 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 7 ACTIVITIES 8 For necessary expenses to pay assessed and other ex- 9 penses of international peacekeeping activities directed to 10 the maintenance or restoration of international peace and 11 security, $562,344,000, of which 15 percent shall remain 12 available until September 30, 2020: Provided, That none 13 of the funds made available by this Act shall be obligated 14 or expended for any new or expanded United Nations 15 peacekeeping mission unless, at least 15 days in advance 16 of voting for such mission in the United Nations Security 17 Council (or in. an emergency as far in advance as is prac18 ticable), the Committees on Appropriations are notified of: 19 (1) the estimated cost and duration of the mission, the 20 objectives of the mission, the national interest that will 21 be served, and the exit strategy; and (2) the sources of 22 funds, including any reprogrammings or transfers, that 23 will be used to pay the cost of the new or expanded mis24 sion, and the estimated cost in future fiscal years: Pro25 vided further, That none of the funds appropriated under February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 12 1 this heading may be made available for obligation unless 2 the Secretary of State certifies and reports to the Commit3 tees on Appropriations on a peacekeeping mission-by-mis4 sion basis that the United Nations is implementing effec- 5 tive policies and procedures to prevent United Nations em6 ployees, contractor personnel, and peacekeeping troops 7 serving in such mission from trafficking in persons, ex8 ploiting victims of trafficking, or committing acts of sexual 9 exploitation and abuse or other violations of human rights, 10 and to hold accountable individuals who engage in such 11 acts while participating in such mission, including pros12 ecution in their home countries and making information 13 about such prosecutions publicly available on the website 14 of the United Nations: Provided further, That the Sec- 15 retary of State shall work with the United Nations and 16 foreign governments contributing peacekeeping troops to 17 implement effective vetting procedures to ensure that such 18 troops have not violated human rights: Provided further, 19 That funds shall be available for peacekeeping expenses 20 unless the Secretary of State determines that United 21 States manufacturers and suppliers are not being given 22 opportunities to provide equipment, services, and material 23 for United Nations peacekeeping activities equal to those 24 being given to foreign manufacturers and suppliers: Pro25 vided further, That none of the funds appropriated or oth- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 13 1 erwise made available under this heading may be used for 2 any United Nations peacekeeping mission that will involve 3 United States Armed Forces under the command or oper4 ational control of a foreign national, unless the President's 5 military advisors have submitted to the President a rec6 ommendation that such involvement is in the national in- 7 terest of the United States and the President has sub8 mitted to Congress such a recommendation: Provided fur9 ther, That not later than May 1, 2019, and 30 days after 10 the end of fiscal year 2019, the Secretary of State shall 11 report to the Committees on Appropriations any credits 12 attributable to the United States, including those resulting 13 from United Nations peacekeeping missions or the United 14 Nations Tax Equalization Fund, and provide updated fis- 15 cal year 2019 and fiscal year 2020 assessment costs in- 16 eluding offsets from available credits: Provided further, 17 That any such credits shall only be available for United 18 States assessed contributions to United Nations peace19 keeping missions, and the Committees on Appropriations 20 shall be notified when such credits are applied to any as- 21 sessed contribution, including any payment of arrearages: 22 Provided further, That any notification regarding funds 23 appropriated or otherwise made available under this head24 ing in this Act or prior Acts making appropriations for 25 the Department of State, foreign operations, and related February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.x:ml 14 1 programs submitted pursuant to section 7015 of this Act, 2 section 34 of the State Department Basic Authorities Act 3 of 1956 (22 U.S.C. 2706), or any operating plan sub4 mitted pursuant to section 7070 of this Act, shall include 5 an estimate of all known credits currently attributable to 6 the United States and provide updated assessment costs, 7 including offsets from available credits: Provided further, 8 That any payment of arrearages with funds appropriated 9 by this Act shall be subject to the regular notification pro10 cedures of the Committees on Appropriations: Provided 11 further, That the Secretary of State shall work with the 12 United Nations and members of the United Nations Secu13 rity Council to evaluate and prioritize peacekeeping mis14 sions, and to consider a draw down when mission goals 15 have been substantially achieved. 16 INTERNATIONAL COMMISSIONS 17 For necessary expenses, not otherwise provided for, 18 to meet obligations of the United States arising under 19 treaties, or specific Acts of Congress, as follows: 20 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 21 UNITED STATES AND l\IEXICO 22 For necessary expenses for the United States Section 23 of the International Boundary and Water Commission, 24 United States and Mexico, and to comply with laws appli- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 15 1 cable to the United States Section, including not to exceed 2 $6,000 for representation expenses; as follows: 3 4 SALARIES AND EXPENSES For salaries and expenses, not otherwise provided for, 5 $48,134,000. 6 7 CONSTRUCTION For detailed plan preparation and construction of au- 8 thorized projects, $29,400,000, to remain available until 9 expended, as authorized. 10 11 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for 12 the International Joint Commission and the International 13 Boundary Commission, United States and Canada, as au14 thorized by treaties between the United States and Can15 ada or Great Britain, and the Border Environment Co16 operation Commission as authorized by the North Amer17 ican Free Trade Agreement Implementation Act (Public 18 Law 103-182), $13,258,000: Provided, That of the 19 amount provided under this heading for the International 20 Joint Commission, up to $500,000 may remain available 21 until September 30, 2020, and $9,000 may be made avail22 able for representation expenses: Provided further, That 23 of the amount provided under this heading for the Inter24 national Boundary Commission, $1,000 may be made 25 available for representation expenses. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 16 1 2 INTERNATIONAL FISHERIES COMMISSIONS For necessary expenses for international fisheries 3 commissions, not otherwise provided for, as authorized by 4 law, $50,651,000: Provided, That the United States share 5 of such expenses may be advanced to the respective com6 missions pursuant to section 3324 of title 31, United 7 States Code. 8 RELATED AGENCY 9 BROADCASTING BO.ARD OF GOVERNORS 10 INTERNATIONAL BROADCASTING OPERATIONS 11 For necessary expenses to enable the Broadcasting 12 Board of Governors (BEG), as authorized, to carry out 13 international communication activities, and to make and 14 supervise grants for radio, Internet, and television broad15 casting to the Middle East, $798,196,000: Provided, That 16 in addition to amounts otherwise available for such pur17 poses, up to $34,508,000 of the amount appropriated 18 under this heading may remain available until expended 19 for satellite transmissions and Internet freedom programs, 20 of which not less than $13,800,000 shall be for Internet 21 freedom programs: Provided further, That of the total 22 amount appropriated under this heading, not to exceed 23 $35,000 may be used for representation expenses, of 24 which $10,000 may be used for such expenses within the 25 United States as authorized, and not to exceed $30,000 February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 17 1 may be used for representation expenses of Radio Free 2 Europe/Radio Liberty: Provided further, That the BEG 3 shall notify the Committees on Appropriations within 15 4 days of any determination by the BEG that any of its 5 broadcast entities, including its grantee organizations, 6 provides an open platform for international terrorists or 7 those who support international terrorism, or is in viola8 tion of the principles and standards set forth in sub9 sections (a) and (b) of section 303 of the United States 10 International Broadcasting Act of 1994 (22 U.S.C. 6202) 11 or the entity's journalistic code of ethics: Provided further, 12 That significant modifications to BEG broadcast hours 13 previously justified to Congress, including changes to 14 transmission platforms (shortwave, medium wave, sat15 ellite, Internet, and television), for all BEG language serv16 ices shall be subject to the regular notification procedures 17 of the Committees on Appropriations: Provided further, 18 That in addition to funds made available under this head19 ing, and notwithstanding any other provision of law, up 20 to $5,000,000 in receipts from advertising and revenue 21 from business ventures, up to $500,000 in receipts from 22 cooperating international organizations, and up to 23 $1,000,000 in receipts from privatization efforts of the 24 Voice of America and the International Broadcasting Bu- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 18 1 reau, shall remain available until expended for carry:mg 2 out authorized purposes. 3 4 BROADCASTING CAPITAL IMPROVEMENTS For the purchase, rent, construction, repair, preser- 5 vation, and improvement of facilities for radio, television, 6 and digital transmission and reception; the purchase, rent, 7 and installation of necessary equipment for radio, tele8 vision, and digital transmission and reception, including 9 to Cuba, as authorized; and physical security worldwide, 10 in addition to amounts otherwise available for such pur11 poses, $9,700,000, to remain available until expended, as 12 authorized. 13 RELATED PROGRAMS 14 THE ASIA FOUNDATION 15 For a grant to The Asia Foundation, as authorized 16 by The Asia .B-ioundation Act (22 U.S.C. 4402), 17 $17,000,000, to remain available until expended: Pro18 vided, That funds appropriated under this heading shall 19 be apportioned and obligated to the Foundation not later 20 than 60 days after enactment of this Act. 21 22 UNITED STATES INSTITUTE OF PEACE .B...,or necessary expenses of the United States Institute 23 of Peace, as authorized by the United States Institute of 24 Peace Act (22 U.S.C. 4601 et seq.), $38,634,000, to re- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 19 1 main available until September 30, 2020, which shall not 2 be used for construction activities. 3 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE 4 TRUST FUND 5 For necessary expenses of the Center for Middle 6 Eastern-Western Dialogue Trust Fund, as authorized by 7 section 633 of the Departments of Commerce, Justice, and 8 State, the Judiciary, and Related Agencies Appropriations 9 Act, 2004 (22 U.S.C. 2078), the total amount of the inter10 est and earnings accruing to such Fund on or before Sep11 tember 30, 2019, to remain available until expended. 12 13 EISENHOWER EXCILillGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fel- 14 lowships, Incorporated, as authorized by sections 4 and 15 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 16 U.S.C. 5204-5205), all interest and earnings accruing to 17 the Eisenhower Exchange Fellowship Program Trust 18 Fund on or before September 30, 2019, to remain avail19 able until expended: Provided, That none of the funds ap20 propriated herein shall be used to pay any salary or other 21 compensation, or to enter into any contract providing for 22 the payment thereof, in excess of the rate authorized by 23 section 5376 of title 5, United States Code; or for pur24 poses which are not in accordance with section 200 of title February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 20 1 2 of the Code of Federal Regulations, including the re2 strictions on compensation for personal services. 3 4 ISRAELI ARAB SCHOLARSHIP PROGRAJ.\1 For necessary expenses of the Israeli Arab Scholar- 5 ship Program, as authorized by section 214 of the Foreign 6 Relations Authorization Act, Fiscal Years 1992 and 1993 7 (22 U.S.C. 2452 note), all interest and earnings accruing 8 to the Israeli Arab Scholarship Fund on or before Sep9 tember 30, 2019, to remain available until expended. 10 11 EAST-WEST CENTER To enable the Secretary of State to provide for car- 12 rying out the provisions of the Center for Cultural and 13 Technical Interchange Between East and West Act of 14 1960, by grant to the Center for Cultural and Technical 15 Interchange Between East and West in the State of Ha16 waii, $16,700,000: Provided, That funds appropriated 17 under this heading shall be apportioned and obligated to 18 the Center not later than 60 days after enactment of this 19 Act. 20 21 NATIONAL ENDOWMENT FOR DEMOCRACY For grants made by the Department of State to the 22 National Endowment for Democracy, as authorized by the 23 National Endowment for Democracy Act (22 U.S.C. 24 4412), $180,000,000, to remain available until expended, 25 of which $117,500,000 shall be allocated in the traditional February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 21 1 and customary manner, including for the core institutes, 2 and $62,500,000 shall be for democracy programs: Pro3 vided, That the requirements of section 7070(a) of this 4 Act shall not apply to funds made available under this 5 heading: Provided further, That funds appropriated under 6 this heading shall be apportioned and obligated to the En- 7 dowment not later than 60 days after enactment of this 8 Act. 9 OTHER COMMISSIONS 10 COMMISSION FOR THE PRESERVATION OF AMERICA'S 11 HERITAGE ABROAD 12 SALARIES AND EXPENSES 13 For necessary expenses for the Commission for the 14 Preservation of America's Heritage Abroad, $675,000, as 15 authorized by chapter 3123 of title 54, United States 16 Code: Provided, That the Commission may procure tem17 porary, intermittent, and other services notwithstanding 18 paragraph (3) of section 312304(b) of such chapter: Pro19 vided further, That such authority shall terminate on Oc20 tober 1, 2019: Provided further, That the Commission 21 shall notify the Committees on Appropriations prior to ex22 ercising such authority. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 22 1 UNITED STATES COMMISSION ON INTERNATIONAL 2 RELIGIOUS FREEDOM 3 SALARIES "'illD EXPENSES 4 For necessary expenses for the United States Com- 5 mission on International Religious Freedom (USCIRF), 6 as authorized by title II of the International Religious 7 Freedom Act of 1998 (22 U.S.C. 6431 et seq.), 8 $4,500,000, to remain available until September 30, 2020, 9 including not more than $4,000 for representation ex- 10 penses: Provided, That prior to the obligation of 11 $1,000,000 of the funds appropriated under this heading, 12 the Commission shall consult with the appropriate con- 13 gressional committees on the steps taken to implement the 14 recommendations of the Independent Review of USCIRF 15 Mission Effectiveness that was conducted pursuant to the 16 United States Commission on International Religious 17 Freedom Reauthorization Act of 2015 (Public Law 11418 71), and such funds shall be subject to the regular notifi- 19 cation procedures of the Committees on Appropriations. 20 COMMISSION ON SECURITY AND COOPERATION IN 21 EUROPE 22 SALARIES AND EXPENSES 23 For necessary expenses of the Commission on Secu- 24 rity and Cooperation in Europe, as authorized by Public 25 Law 94-304 (22 U.S.C. 3001 et seq.), $2,579,000, includ- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 23 1 ing not more than $4,000 for representation expenses, to 2 remain available until September 30, 2020. 3 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE 4 PEOPLE'S REPUBLIC OF CHINA 5 SALARIES AND EXPENSES 6 For necessary expenses of the Congressional-Execu- 7 tive Commission on the People's Republic of China, as au8 thorized by title III of the U.S.-China Relations Act of 9 2000 (22 U.S.C. 6911 et seq.), $2,000,000, including not 10 more than $3,000 for representation expenses, to remain 11 available until September 30, 2020. 12 UNITED STATES-CHINA ECONOl\IIC A1"\JD SECURITY 13 REVIEW COMMISSION 14 SALARIES AND EXPENSES 15 For necessary expenses of the United States-China 16 Economic and Security Review Commission, as authorized 17 by section 1238 of the Floyd D. Spence National Defense 18 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 19 $3,500,000, including not more than $4,000 for represen20 tation expenses, to remain available until September 30, 21 2020: Provided, That the authorities, requirements, limi22 tations, and conditions contained in the second through 23 sixth provisos under this heading in the Department of 24 State, Foreign Operations, and Related Programs Appro25 priations Act, 2010 (division F of Public Law 111-117) February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 24 1 shall continue in effect during fiscal year 2019 and shall 2 apply to funds appropriated under this heading as if in3 eluded in this Act. 4 WESTERN HEMISPHERE DRUG POLICY COMMISSION 5 SALARIES AND EXPENSES 6 For necessary expenses of the Western Hemisphere 7 Drug Policy Commission, as authorized by title VI of the 8 Department of State Authorities Act, Fiscal Year 2017 9 (Public Law 114-323), $1,500,000 to remain available 10 until September 30, 2020. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 25 1 TITLE II 2 UNITED S'l1ATES AGENCY FOR INTERNATIONAL 3 DEVELOPMENT 4 FUNDS APPROPRIATED TO THE PRESIDENT 5 OPERATING EXPENSES 6 For necessary expenses to carry out the provisions 7 of section 667 of the Foreign Assistance Act of 1961, 8 $1,214,808,000, of which up to $182,221,000 may remain 9 available until September 30, 2020: Provided, That none 10 of the funds appropriated under this heading and under 11 the heading "Capital Investment Fund" in this title may 12 be made available to finance the construction (including 13 architect and engineering services), purchase, or long-term 14 lease of offices for use by the United States Agency for 15 International Development, unless the USAID Adminis16 trator has identified such proposed use of funds in a re17 port submitted to the Committees on Appropriations at 18 least 15 days prior to the obligation of funds for such pur19 poses: Provided further, That contracts or agreements en20 tered into with funds appropriated under this heading may 21 entail commitments for the expenditure of such funds 22 through the following fiscal year: Provided further, That 23 the authority of sections 610 and 109 of the Foreign As24 sistance Act of 19 61 may be exercised by the Secretary 25 of State to transfer funds appropriated to carry out chap- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 26 1 ter 1 of part I of such Act to "Operating Expenses" in 2 accordance with the provisions of those sections: Provided 3 further, That of the funds appropriated or made available 4 under this heading, not to exceed $250,000 may be avail- 5 able for representation and entertainment expenses, of 6 which not to exceed $5,000 may be available for entertain? ment expenses, and not to exceed $100,500 shall be for 8 official residence expenses, for USAID during the current 9 fiscal year. 10 11 CAPITAL INVESTMENT FUND For necessary expenses for overseas construction and 12 related costs, and for the procurement and enhancement 13 of information technology and related capital investments, 14 pursuant to section 667 of the Foreign Assistance Act of 15 1961, $225,000,000, to remain available until expended: 16 Provided, That this amount is in addition to funds other17 wise available for such purposes: Provided further, That 18 funds appropriated under this heading shall be available 19 subject to the regular notification procedures of the Com20 mittees on Appropriations. 21 22 OFFICE OF INSPECTOR GENERAL For necessary expenses to carry out the provisions 23 of section 667 of the Foreign Assistance Act of 1961, 24 $76,600,000, of which up to $11,490,000 may remain 25 available until September 30, 2020, for the Office of In- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 27 1 spector General of the United States Agency for Inter2 national Development. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 28 1 TITLE III 2 BILATERAL ECONOMIC ASSISTANCE 3 FUNDS APPROPRL\TED TO THE PRESIDENT 4 For necessary expenses to enable the President to 5 carry out the provisions of the Foreign Assistance Act of 6 1961, and for other purposes, as follows: 7 8 GLOBAL HEALTH PROGRAl\IS For necessary expenses to carry out the provisions 9 of chapters 1 and 10 of part I of the Foreign Assistance 10 Act of 1961, for global health activities, in addition to 11 funds otherwise available for such purposes, 12 $3,117,450,000, to remain available until September 30, 13 2020, and which shall be apportioned directly to the 14 United States Agency for International Development: Pro- l 5 vided, That this amount shall be made available for train16 ing, equipment, and technical assistance to build the ca17 pacity of public health institutions and organizations in 18 developing countries, and for such activities as: (1) child 19 survival and maternal health programs; (2) immunization 20 and oral rehydration programs; (3) other health, nutrition, 21 water and sanitation programs which directly address the 22 needs of mothers and children, and related education pro23 grams; (4) assistance for children displaced or orphaned 24 by causes other than AIDS; (5) programs for the preven25 tion, treatment, control of, and research on HIV/AIDS, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 29 1 tuberculosis, polio, malaria, and other infectious diseases 2 including neglected tropical diseases, and for assistance to 3 communities severely affected by HIV/AIDS, including 4 children infected or affected by AIDS; (6) disaster pre- 5 paredness training for health crises; (7) programs to pre6 vent, prepare for, and respond to, unanticipated and 7 emerging global health threats; and (8) family planning/ 8 reproductive health: Provided further, That funds appro9 priated under this paragraph may be made available for 10 a United States contribution to the GAVI Alliance: Prol l vided further, That none of the funds made available in 12 this Act nor any unobligated balances from prior appro13 priations Acts may be made available to any organization 14 or program which, as determined by the President of the 15 United States, supports or participates in the manage16 ment of a program of coercive abortion or involuntary 17 sterilization: Provided further, That any determination 18 made under the previous proviso must be made not later 19 than 6 months after the date of enactment of this Act, 20 and must be accompanied by the evidence and criteria uti21 lized to make the determination: Provided further, That 22 none of the funds made available under this Act may be 23 used to pay for the performance of abortion as a method 24 of family planning or to motivate or coerce any person 25 to practice abortions: Provided further, That nothing in February 9, 2019 (2:13 p.m.) SEN. APPRO. U: \2019CO NF\DivF-SFO PS.:io:nl 30 1 this paragraph shall be construed to alter any existing 2 statutory prohibitions against abortion under section 104 3 of the Foreign Assistance Act of 1961: Provided further, 4 That none of the funds made available under this Act may 5 be used to lobby for or against abortion: Provided further, 6 That in order to reduce reliance on abortion in developing 7 nations, funds shall be available only to voluntary family 8 planning projects which offer, either directly or through 9 referral to, or information about access to, a broad range 10 of family planning methods and services, and that any 11 such voluntary family planning project shall meet the fol- 12 lowing requirements: (1) service providers or referral 13 agents in the project shall not implement or be subject 14 to quotas, or other numerical targets, of total number of 15 births, number of family planning acceptors, or acceptors 16 of a particular method of family planning (this provision 17 shall not be construed to include the use of quantitative 18 estimates or indicators for budgeting and planning pur19 poses); (2) the project shall not include payment of incen20 tives, bribes, gratuities, or financial reward to: (A) an indi21 vidual in exchange for becoming a family planning accep22 tor; or (B) program personnel for achieving a numerical 23 target or quota of total number of births, number of fam24 ily planning acceptors, or acceptors of a particular method 25 of family planning; (3) the project shall not deny any right February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 31 1 or benefit, including the right of access to participate in 2 any program of general welfare or the right of access to 3 health care, as a consequence of any individual's decision 4 not to accept family planning services; (4) the project shall 5 provide family planning acceptors comprehensible infor6 mation on the health benefits and risks of the method cho- 7 sen, including those conditions that might render the use 8 of the method inadvisable and those adverse side effects 9 known to be consequent to the use of the method; and 10 (5) the project shall ensure that experimental contracep11 tive drugs and devices and medical procedures are pro- 12 vided only in the context of a scientific study in which 13 participants are advised of potential risks and benefits; 14 and, not less than 60 days after the date on which the 15 USAID Administrator determines that there has been a 16 violation of the requirements contained in paragraph (1), 17 (2), (3), or (5) of this proviso, or a pattern or practice 18 of violations of the requirements contained in paragraph 19 (4) of this proviso, the Administrator shall submit to the 20 Committees on Appropriations a report containing a de21 scription of such violation and the corrective action taken 22 by the Agency: Provided further, That in awarding grants 23 for natural family planning under section 104 of the For24 eign Assistance Act of 1961 no applicant shall be discrimi25 nated against because of such applicant's religious or con- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 32 1 scientious commitment to offer only natural family plan2 ning; and, additionally, all such applicants shall comply 3 with the requirements of the previous proviso: Provided 4 further, That for purposes of this or any other Act author- 5 izing or appropriating funds for the Department of State, 6 foreign operations, and related programs, the term "moti- 7 vate", as it relates to family planning assistance, shall not 8 be construed to prohibit the provision, consistent with 9 local law, of information or counseling about all pregnancy 10 options: Provided further, That information provided 11 about the use of condoms as part of projects or activities 12 that are funded from amounts appropriated by this Act 13 shall be medically accurate and shall include the public 14 health benefits and failure rates of such use. 15 In addition, for necessary expenses to carry out the 16 provisions of the Foreign Assistance Act of 19 61 for the 17 prevention, treatment, and control of, and research on, 18 HIV/AIDS, $5,720,000,000, to remain available until 19 September 30, 2023, which shall be apportioned directly 20 to the Department of State: Provided, That funds appro21 priated under this paragraph may be made available, not22 withstanding any other provision of law, except for the 23 United States Leadership Against HIV/AIDS, Tuber- 24 culosis, and Malaria Act of 2003 (Public Law 108-25), 25 for a United States contribution to the Global Fund to February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 33 1 Fight AIDS, Tuberculosis and Malaria (Global Fund), 2 and shall be expended at the minimum rate necessary to 3 make timely payment for projects and activities: Provided 4 further, That the amount of such contribution should be 5 $1,350,000,000: Provided further, That clauses (i) and 6 (vi) of section 202(d)(4)(A) of the United States Leader7 ship Against HIV/AIDS, Tuberculosis, and Malaria Act 8 of 2003 (22 U.S.C. 7622) shall be applied with respect 9 to such funds made available for fiscal years 2015 through 10 2019 by substituting "2004" for "2009": Provided furl l ther, That up to 5 percent of the aggregate amount of 12 funds made available to the Global Fund in fiscal year 13 2019 may be made available to USAID for technical as14 sistance related to the activities of the Global Fund, sub15 ject to the regular notification procedures of the Commit16 tees on Appropriations: Provided further, That of the 17 funds appropriated under this paragraph, up to 18 $17,000,000 may be made available, in addition to 19 amounts otherwise available for such purposes, for admin20 istrative expenses of the Office of the United States Global 21 AIDS Coordinator. 22 23 DEVELOPMENT ASSISTANCE For necessary expenses to carry out the provisions 24 of sections 103, 105, 106, 214, and sections 251 through 25 255, and chapter 10 of part I of the Foreign Assistance February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 34 1 Act of 1961, $3,000,000,000, to remam available until 2 September 30, 2020. 3 4 INTERNATIONAL DISASTER ASSISTANCE For necessary expenses to carry out the provisions 5 of section 491 of the Foreign Assistance Act of 1961 for 6 international disaster relief, rehabilitation, and recon7 struction assistance, $3,801,034,000, to remain available 8 until expended: Provided, That such funds shall be appor9 tioned to the United States Agency for International De- l O velopment not later than 60 days after enactment of this 11 Act. 12 13 TRANSITION INITL'\.TIVES For necessary expenses for international disaster re- 14 habilitation and reconstruction assistance administered by 15 the Office of Transition Initiatives, United States Agency 16 for International Development, pursuant to section 491 of 17 the Foreign Assistance Act of 1961, $30,000,000, to re18 main available until expended, to support transition to de19 mocracy and long-term development of countries in crisis: 20 Provided, That such support may include assistance to de21 velop, strengthen, or preserve democratic institutions and 22 processes, revitalize basic infrastructure, and foster the 23 peaceful resolution of conflict: Provided further, That the 24 USAID Administrator shall submit a report to the Com25 mittees on Appropriations at least 5 days prior to begin- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 35 1 ning a new program of assistance: Provided further, That 2 if the Secretary of State determines that it is important 3 to the national interest of the United States to provide 4 transition assistance in excess of the amount appropriated 5 under this heading, up to $15,000,000 of the funds appro6 priated by this Act to carry out the provisions of part I 7 of the Foreign Assistance Act of 19 61 may be used for 8 purposes of this heading and under the authorities appli- 9 cable to funds appropriated under this heading: Provided 10 further, That funds made available pursuant to the pre11 vious proviso shall be made available subject to prior con- 12 sultation with the Committees on Appropriations. 13 14 COMPLEX CRISES FUND For necessary expenses to carry out the provisions 15 of the Foreign Assistance Act of 1961 to support pro16 grams and activities administered by the United States 17 Agency for International Development to prevent or re- 18 spond to emerging or unforeseen foreign challenges and 19 complex crises overseas, $30,000,000, to remain available 20 until expended: Provided, That funds appropriated under 21 this heading may be made available on such terms and 22 conditions as are appropriate and necessary for the pur23 poses of preventing or responding to such challenges and 24 crises, except that no funds shall be made available for 25 lethal assistance or to respond to natural disasters: Pro- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 36 I vided further, That funds appropriated under this heading 2 may be made available notwithstanding any other provi3 sion of law, except sections 7007, 7008, and 7018 of this 4 Act and section 620M of the Foreign Assistance Act of 5 1961: Provided further, That funds appropriated under 6 this heading may be used for administrative expenses, in 7 addition to funds otherwise available for such purposes, 8 except that such expenses may not exceed 5 percent of 9 the funds appropriated under this heading: Provided furIO ther, That funds appropriated under this heading shall be 11 apportioned to USAID not later than 60 days after enact12 ment of this Act: Provided further, That funds appro13 priated under this heading shall be subject to the regular 14 notification procedures of the Committees on Appropria15 tions, except that such notifications shall be transmitted 16 at least 5 days prior to the obligation of funds. 17 18 DEVELOPMENT CREDI'r AUTHORITY For the cost of direct loans and loan guarantees pro- 19 vided by the United States Agency for International De20 velopment, as authorized by sections 256 and 635 of the 21 Foreign Assistance Act of 1961, up to $55,000,000 may 22 be derived by transfer from funds appropriated by this Act 23 to carry out part I of such Act and under the heading 24 ''Assistance for Europe, Eurasia and Central Asia'': Pro25 vided, That funds provided under this paragraph and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 37 1 funds provided as a gift that are used for purposes of this 2 paragraph pursuant to section 635(d) of the Foreign As3 sistance Act of 19 61 shall be made available only for 4 micro- and small enterprise programs, urban programs, 5 and other programs which further the purposes of part 6 I of such Act: Provided further, That funds provided as 7 a gift that are used for purposes of this paragraph shall 8 be subject to prior consultation with, and the regular noti9 fication procedures of, the Committees on Appropriations: 10 Provided further, That such costs, including the cost of 11 modifying such direct and guaranteed loans, shall be as 12 defined in section 502 of the Congressional Budget Act 13 of 197 4, as amended: Provided further, That funds made 14 available by this paragraph may be used for the cost of 15 modifying any such guaranteed loans under this Act or 16 prior Acts making appropriations for the Department of 17 State, foreign operations, and related programs, and funds 18 used for such cost, including if the cost results in a nega- 19 tive subsidy, shall be subject to the regular notification 20 procedures of the Committees on Appropriations: Provided 21 further, That the provisions of section 107A(d) (relating 22 to general provisions applicable to the Development Credit 23 Authority) of the Foreign Assistance Act of 1961, as con24 tained in section 306 of H.R. 1486 as reported by the 25 House Committee on International Relations on May 9, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 38 1 1997, shall be applicable to direct loans and loan guaran2 tees provided under this heading, except that the principal 3 amount of loans made or guaranteed under this heading 4 with respect to any single country shall not exceed 5 $300,000,000: Provided further, That these funds are 6 available to subsidize total loan principal, any portion of 7 which is to be guaranteed, of up to $1,750,000,000. 8 In addition, for administrative expenses to carry out 9 credit programs administered by USAID, $10,000,000, 10 which may be transferred to, and merged with, funds 11 made available under the heading "Operating Expenses" 12 in title II of this Act: Provided, That funds made available 13 under this heading shall remain available until September 14 30, 2021: Provided further, That of the funds appro15 priated under this paragraph in this Act and prior Acts 16 making appropriations for the Department of State, for17 eign operations, and related programs for administrative 18 expenses to carry out credit programs administered by 19 USAID, up to $1,000,000 may be made available for lim20 ited transition costs associated with the implementation 21 of section 1463 of the Better Utilization of Investments 22 Leading to Development (BUILD) Act of 2018 (division 23 .F1 of Public Law 115-254): Provided further, That prior 24 to the initial obligation of funds made available for such 25 transition costs, the USAID Administrator shall submit February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 39 1 a spend plan to the Committees on Appropriations for the 2 use of such funds: Provided further, That funds made 3 available for such transition costs shall be subject to the 4 regular notification procedures of the Committees on Ap5 propriations, and may not be made available until the re6 organization plan required by section 1462(a) of the 7 BUILD Act of 2018 is transmitted to Congress. 8 9 ECONOMIC SUPPORT FUND For necessary expenses to carry out the provisions 10 of chapter 4 of part II of the Foreign Assistance Act of 11 1961, $2,545,525,000, to remain available until Sep12 tember 30, 2020. 13 14 DEMOCRACY FUND For necessary expenses to carry out the provisions 15 of the Foreign Assistance Act of 19 61 for the promotion 16 of democracy globally, including to carry out the purposes 17 of section 502(b)(3) and (5) of Public Law 98-164 (22 18 U.S.C. 4411), $157,700,000, to remain available until 19 September 30, 2020, which shall be made available for the 20 Human Rights and Democracy Fund of the Bureau of De21 mocracy, Human Rights, and Labor, Department of 22 State: Provided, That funds appropriated under this head- 23 ing that are made available to the National Endowment 24 for Democracy and its core institutes are in addition to 25 amounts otherwise available by this Act for such purposes: February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 40 1 Provided further, That the Assistant Secretary for Democ2 racy, Human Rights, and Labor, Department of State, 3 shall consult with the Committees on Appropriations prior 4 to the obligation of funds appropriated under this para5 graph. For an additional amount for 6 such purposes, 7 $69,500,000, to remain available until September 30, 8 2020, which shall be made available for the Bureau for 9 Democracy, Conflict, and Humanitarian Assistance, 10 United States Agency for International Development. 11 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA 12 For necessary expenses to carry out the provisions 13 of the Foreign Assistance Act of 1961, the FREEDOM 14 Support Act (Public Law 102-511), and the Support for 15 Eastern European Democracy (SEED) Act of 1989 (Pub16 lie Law 101-179), $760,334,000, to remain available until 17 September 30, 2020, which shall be available, notwith18 standing any other provision of law, except section 704 7 19 of this Act, for assistance and related programs for coun20 tries identified in section 3 of Public Law 102-511 (22 21 U.S.C. 5801) and section 3(c) of Public Law 101-179 (22 22 U.S.C. 5402), in addition to funds otherwise available for 23 such purposes: Provided, That funds appropriated by this 24 Act under the headings "Global Health Programs", "Eco25 nomic Support Fund", and "International Narcotics Con- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 41 1 trol and Law Enforcement" that are made available for 2 assistance for such countries shall be administered in ac3 cordance with the responsibilities of the coordinator des4 ignated pursuant to section 102 of Public Law 102-511 5 and section 601 of Public Law 101-179: Provided further, 6 That funds appropriated under this heading shall be con7 sidered to be economic assistance under the Foreign .As8 sistance Act of 19 61 for purposes of making available the 9 administrative authorities contained in that Act for the 10 use of economic assistance: Provided further, That any no- 11 tification of funds made available under this heading in 12 this Act or prior Acts making appropriations for the De13 partment of State, foreign operations and related pro14 grams shall include information (if known on the date of 15 transmittal of such notification) on the use of notwith16 standing authority: Provided further, That if subsequent 17 to the notification of assistance it becomes necessary to 18 rely on notwithstanding authority, the Committees on Ap19 propriations should be informed at the earliest opportunity 20 and to the extent practicable. 21 DEPARTMENT OF STATE 22 MIGRATION AND REFUGEE ASSISTANCE 23 For necessary expenses not otherwise provided for, 24 to enable the Secretary of State to carry out the provisions 25 of section 2(a) and (b) of the Migration and Refugee As- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 42 1 sistance Act of 1962, and other activities to meet refugee 2 and migration needs; salaries and expenses of personnel 3 and dependents as authorized by the Foreign Service Act 4 of 1980; allowances as .authorized by sections 5921 5 through 5925 of title 5, United States Code; purchase and 6 hire of passenger motor vehicles; and services as author7 ized by section 3109 of title 5, United States Code, 8 $2,027,876,000, to remain available until expended, of 9 which not less than $35,000,000 shall be made available 10 to respond to small-scale emergency humanitarian require- 11 ments, and $5,000,000 shall be made available for refu12 gees resettling in Israel. 13 UNITED STATES EMERGENCY REFUGEE AND MIGRATION 14 ASSISTANCE FUND 15 For necessary expenses to carry out the provisions 16 of section 2(c) of the Migration and Refugee Assistance 17 Act of 1962, as amended (22 U.S.C. 2601(c)), 18 $1,000,000, to remain available until expended: Provided, 19 That amounts in excess of the limitation contained in 20 paragraph (2) of such section shall be transferred to, and 21 merged with, funds made available by this Act under the 22 heading "Migration and Refugee Assistance". February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 43 1 INDEPENDENT AGENCIES 2 PEACE CORPS 3 (INCLUDING TRANSFER OF FUNDS) 4 For necessary expenses to carry out the provisions 5 of the Peace Corps Act (22 U.S.C. 2501 et seq.), including 6 the purchase of not to exceed five passenger motor vehicles 7 for administrative purposes for use outside of the United 8 States, $410,500,000, of which $6,000,000 is for the Of9 fice of Inspector General, to remain available until Sep10 tember 30, 2020: Provided, That the Director of the Peace 11 Corps may transfer to the Foreign Currency Fluctuations 12 Account, as authorized by section 16 of the Peace Corps 13 Act (22 U.S.C. 2515), an amount not to exceed 14 $5,000,000: Provided further, That funds transferred pur15 suant to the previous proviso may not be derived from 16 amounts made available for Peace Corps overseas oper17 ations: Provided further, That of the funds appropriated 18 under this heading, not to exceed $104,000 may be avail19 able for representation expenses, of which not to exceed 20 $4,000 may be made available for entertainment expenses: 21 Provided further, That none of the funds appropriated 22 under this heading shall be used to pay for abortions: Pro23 vided further, That notwithstanding the previous proviso, 24 section 614 of division E of Public Law 113-76 shall 25 apply to funds appropriated under this heading. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 44 1 2 MILLENNIUM CHALLENGE CORPORATION For necessary expenses to carry out the provisions 3 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 4 et seq.) (MCA), $905,000,000, to remain available until 5 expended: Provided, That of the funds appropriated under 6 this heading, up to $105,000,000 may be available for ad7 ministrative expenses of the Millennium Challenge Cor8 poration: Provided further, That section 605(e) of the 9 MCA shall apply to funds appropriated under this head10 ing: Provided further, That funds appropriated under this 11 heading may be made available for a Millennium Challenge 12 Compact entered into pursuant to section 609 of the MCA 13 only if such Compact obligates, or contains a commitment 14 to obligate subject to the availability of funds and the mu15 tual agreement of the parties to the Compact to proceed, 16 the entire amount of the United States Government fund17 ing anticipated for the duration of the Compact: Provided 18 further, That no country should be eligible for a threshold 19 program after such country has completed a country com20 pact: Provided further, That any funds that are 21 deobligated from a Millennium Challenge Compact shall 22 be subject to the regular notification procedures of the 23 Committees on Appropriations prior to re-obligation: Pro24 vided further, That of the funds appropriated under this 25 heading, not to exceed $100,000 may be available for rep- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 45 1 resentation and entertainment expenses, of which not to 2 exceed $5,000 may be available for entertainment ex3 penses. 4 INTER-Al\IERICAN FOUNDATION 5 For necessary expenses to carry out the functions of 6 the Inter-American Foundation in accordance with the 7 provisions of section 401 of the Foreign Assistance A.ct 8 of 1969, $22,500,000, to remain available until September 9 30, 2020: Provided, That of the funds appropriated under 10 this heading, not to exceed $2,000 may be available for 11 representation expenses. 12 UNITED STATES AFRICAN DEVELOPMENT FOUNDATION 13 For necessary expenses to carry out the African De- 14 velopment Foundation A.ct (title V of Public Law 96-533; 15 22 U.S.C. 290h et seq.), $30,000,000, to remain available 16 until September 30, 2020, of which not to exceed $2,000 17 may be available for representation expenses: Provided, 18 That funds made available to grantees may be invested 19 pending expenditure for project purposes when authorized 20 by the Board of Directors of the United States African 21 Development Foundation (USA.DF): Provided further, 22 That interest earned shall be used only for the purposes 23 for which the grant was made: Provided further, That not24 withstanding section 505(a)(2) of the African Develop25 ment Foundation A.ct (22 U.S.C. 290h-3(a)(2)), in excep- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 46 1 tional circumstances the Board of Directors of the 2 USADF may waive the $250,000 limitation contained in 3 that section with respect to a project and a project may 4 exceed the limitation by up to 10 percent if the increase 5 is due solely to foreign currency fluctuation: Provided fur6 ther, That the USADF shall submit a report to the appro7 priate congressional committees after each time such waiv8 er authority is exercised: Provided further, That the 9 USADF may make rent or lease payments in advance 10 from appropriations available for such purpose for offices, 11 buildings, grounds, and quarters in Africa as may be nec12 essary to carry out its functions: Provided further, That 13 the USADF may maintain bank accounts outside the 14 United States Treasury and retain any interest earned on 15 such accounts, in furtherance of the purposes of the Afri16 can Development Foundation Act: Provided further, That 17 the USADF may not withdraw any appropriation from the 18 Treasury prior to the need of spending such funds for pro- 19 gram purposes. 20 DEPARTMENT OF THE TREASURY 21 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE 22 For necessary expenses to carry out the provisions 23 of section 129 of the Foreign Assistance Act of 1961, 24 $30,000,000, to remain available until expended, of which 25 not more than $6,000,000 may be used for administrative February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 47 1 expenses: Provided, That amounts made available under 2 this heading may be made available to contract for services 3 as described in section 12 9 (d) (3) (A) of the Foreign Assist4 ance Act of 1961, without regard to the location in which 5 such services are performed. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 48 1 TITLE IV 2 INTERNATIONAL SECURITY ASSISTANCE 3 DEPARTMENT OF ST.ATE 4 INTERNATIONAL NARCOTICS CONTROL AND LAW 5 ENFORCEMENT 6 For necessary expenses to carry out section 481 of 7 the Foreign Assistance Act of 1961, $1,497,469,000, to 8 remain available until September 30, 2020: Provided, 9 That the Department of State may use the authority of 10 section 608 of the Foreign Assistance Act of 1961, with11 out regard to its restrictions, to receive excess property 12 from an agency of the United States Government for the 13 purpose of providing such property to a foreign country 14 or international organization under chapter 8 of part I of 15 such Act, subject to the regular notification procedures of 16 the Committees on Appropriations: Provided further, That 17 section 482 (b) of the Foreign Assistance Act of 19 61 shall 18 not apply to funds appropriated under this heading, except 19 that any funds made available notwithstanding such sec20 tion shall be subject to the regular notification procedures 21 of the Committees on Appropriations: Provided further, 22 That funds appropriated under this heading shall be made 23 available to support training and technical assistance for 24 foreign law enforcement, corrections, judges, and other ju25 dicial authorities, utilizing regional partners: Provided fur- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 49 l ther, That funds made available under this heading that 2 are transferred to another department, agency, or instru- 3 mentality of the United States Government pursuant to 4 section 632(b) of the Foreign Assistance Act of 1961 val- 5 ued in excess of $5,000,000, and any agreement made 6 pursuant to section 632(a) of such Act, shall be subject 7 to the regular notification procedures of the Committees 8 on Appropriations. 9 NONPROLIFERATION, .ANTI-TERRORISM, DEMINING AND 10 11 RELATED PROGRAMS For necessary expenses for nonproliferation, anti-ter- 12 rorism, demining and related programs and activities, 13 $864,550,000, to remain available until September 30, 14 2020, to carry out the provisions of chapter 8 of part II 15 of the Foreign Assistance Act of 1961 for anti-terrorism 16 assistance, chapter 9 of part II of the Foreign Assistance 17 Act of 1961, section 504 of the }1--,REEDOM Support Act, 18 section 23 of the Arms Export Control Act, or the Foreign 19 Assistance Act of 1961 for demining activities, the clear20 ance of unexploded ordnance, the destruction of small 21 arms, and related activities, notwithstanding any other 22 provision of law, including activities implemented through 23 nongovernmental and international organizations, and sec24 tion 301 of the Foreign Assistance Act of 1961 for a 25 United States contribution to the Comprehensive Nuclear February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 50 1 Test Ban Treaty Preparatory Commission, and for a vol- 2 untary contribution to the International Atomic Energy 3 Agency (IAEA): Provided, That funds made available 4 under this heading for the Nonproliferation and Disar- 5 mament Fund shall be made available, notwithstanding 6 any other provision of law and subject to prior consulta- 7 tion with, and the regular notification procedures of, the 8 Committees on Appropriations, to promote bilateral and 9 multilateral activities relating to nonproliferation, disar10 mament, and weapons destruction, and shall remain avail11 able until expended: Provided further, That such funds 12 may also be used for such countries other than the Inde- 13 pendent States of the former Soviet Union and inter14 national organizations when it is in the national security 15 interest of the United States to do so: Provided further, 16 That funds appropriated under this heading may be made 17 available for the IAEA unless the Secretary of State deter18 mines that Israel is being denied its right to participate 19 in the activities of that Agency: Provided further, That 20 funds made available for conventional weapons destruction 21 programs, including demining and related activities, in ad22 dition to funds otherwise available for such purposes, may 23 be used for administrative expenses related to the oper24 ation and management of such programs and activities, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xrnl 51 1 subject to the regular notification procedures of the Com2 mittees on Appropriations. 3 PE...\CEKEEPING OPERATIONS 4 For necessary expenses to carry out the provisions 5 of section 551 of the Foreign Assistance Act of 1961, 6 $163,457,000: Provided, That funds appropriated under 7 this heading may be used, notwithstanding section 660 of 8 such Act, to provide assistance to enhance the capacity 9 of foreign civilian security forces, including gendarmes, to 10 participate in peacekeeping operations: Provided further, 11 That of the funds appropriated under this heading, not 12 less than $31,000,000 shall be made available for a United 13 States contribution to the Multinational Force and Ob14 servers mission in the Sinai and not less than $71,000,000 15 shall be made available for the Global Peace Operations 16 Initiative: Provided further, That none of the funds appro17 priated under this heading shall be obligated except as 18 provided through the regular notification procedures of the 19 Committees on Appropriations. 20 FUNDS APPROPRIATED TO THE PRESIDENT 21 INTERNATIONAL MILITARY EDUCATION AND TRAINING 22 For necessary expenses to carry out the provisions 23 of section 541 of the Foreign Assistance Act of 1961, 24 $110,778,000, of which up to $11,000,000 may remain 25 available until September 30, 2020: Provided, That the February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\Divl<-,-SFOPS.xml 52 1 civilian personnel for whom military education and train- 2 ing may be provided under this heading may include civil3 ians who are not members of a government whose partici4 pation would contribute to improved civil-military rela- 5 tions, civilian control of the military, or respect for human 6 rights: Provided further, That of the funds appropriated 7 under this heading, not to exceed $50,000 may be avail8 able for entertainment expenses. 9 10 FOREIGN MILITARY FINANCING PROGRAl\I For necessary expenses for grants to enable the 11 President to carry out the provisions of section 23 of the 12 Arms Export Control Act, $5,962,241,000: Provided, 13 That to expedite the provision of assistance to foreign 14 countries and international organizations, the Secretary of 15 State, following consultation with the Committees on Ap16 propriations and subject to the regular notification proce17 dures of such Committees, may use the funds appro18 priated under this heading to procure defense articles and 19 services to enhance the capacity of foreign security forces: 20 Provided further, That of the funds appropriated under 21 this heading, not less than $3,300,000,000 shall be avail22 able for grants only for Israel which shall be disbursed 23 within 30 days of enactment of this Act: Provided further, 24 That to the extent that the Government of Israel requests 25 that funds be used for such purposes, grants made avail- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 53 1 able for Israel under this heading shall, as agreed by the 2 United States and Israel, be available for advanced weap3 ons systems, of which not less than $815,300,000 shall 4 be available for the procurement in Israel of defense arti5 cles and defense services, including research and develop6 ment: Provided further, That funds appropriated or other7 wise made available under this heading shall be nonrepay8 able notwithstanding any requirement in section 23 of the 9 Arms Export Control Act: Provided further, That funds 10 made available under this heading shall be obligated upon 11 apportionment in accordance with paragraph (5) (C) of 12 section 1501(a) of title 31, United States Code. 13 None of the funds made available under this heading 14 shall be available to finance the procurement of defense 15 articles, defense services, or design and construction serv16 ices that are not sold by the United States Government 17 under the Arms Export Control Act unless the foreign 18 country proposing to make such procurement has first 19 signed an agreement with the United States Government 20 specifying the conditions under which such procurement 21 may be financed with such funds: Provided, That all coun- 22 try and funding level increases in allocations shall be sub23 mitted through the regular notification procedures of sec24 tion 7015 of this Act: Provided further, That funds made 25 available under this heading may be used, notwithstanding February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 54 1 any other provision of law, for demining, the clearance of 2 unexploded ordnance, and related activities, and may in3 elude activities implemented through nongovernmental 4 and international organizations: Provided further, That 5 only those countries for which assistance was justified for 6 the "Foreign Military Sales Financing Program" in the 7 fiscal year 1989 congressional presentation for security as- 8 sistance programs may utilize funds made available under 9 this heading for procurement of defense articles, defense 10 services, or design and construction services that are not 11 sold by the United States Government under the Arms 12 Export Control Act: Provided further, That funds appro13 priated under this heading shall be expended at the min14 imum rate necessary to make timely payment for defense 15 articles and services: Provided further, That not more than 16 $75,000,000 of the funds appropriated under this heading 17 may be obligated for necessary expenses, including the 18 purchase of passenger motor vehicles for replacement only 19 for use outside of the United States, for the general costs 20 of administering military assistance and sales, except that 21 this limitation may be exceeded only through the regular 22 notification procedures of the Committees on Appropria23 tions: Provided further, That of the funds made available 24 under this heading for general costs of administering mili25 tary assistance and sales, not to exceed $4,000 may be February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 55 1 available for entertainment expenses and not to exceed 2 $130,000 may be available for representation expenses: 3 Provided further, That not more than $1,009,700,000 of 4 funds realized pursuant to section 21 (e) (1) (A) of the Arms 5 Export Control Act may be obligated for expenses incurred 6 by the Department of Defense during fiscal year 2019 7 pursuant to section 43 (b) of the Arms Export Control Act, 8 except that this limitation may be exceeded only through 9 the regular notification procedures of the Committees on 10 Appropriations. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 56 1 TITLE V 2 MULTILATERAL ASSISTANCE 3 FUNDS APPROPRL~TED TO THE PRESIDENT 4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS 5 For necessary expenses to carry out the provisions 6 of section 301 of the Foreign Assistance Act of 1961, 7 $339,000,000: Provided, That section 307(a) of the For8 eign Assistance Act of 19 61 shall not apply to contribu9 tions to the United Nations Democracy Fund. 10 INTERNATIONAL FINANCIAL INSTITUTIONS 11 GLOBAL ENVIRONMENT FACILITY 12 For payment to the International Bank for Recon- 13 struction and Development as trustee for the Global Envi14 . ronment Facility by the Secretary of the Treasury, 15 $139,575,000, to remain available until, and to be fully 16 disbursed no later than, September 30, 2020: Provided, 17 That of such amount, $136,563,000, which shall remain 18 available until September 30, 2019, is only available for 19 the first installment of the seventh replenishment of the 20 Global Environment Facility, and shall be obligated and 21 disbursed not later than 90 days after enactment of this 22 Act: Provided further, That the Secretary shall report to 23 the Committees on Appropriations on the status of funds 24 provided under this heading not less than quarterly until 25 fully disbursed: Provided further, rrhat in such report the February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CO NF\DivF-SFOPS.xml 57 1 Secretary shall provide a timeline for the obligation and 2 disbursement of any funds that have not yet been obli3 gated or disbursed. 4 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT 5 ASSOCIATION 6 For payment to the International Development Asso- 7 ciation by the Secretary of the Treasury, $1,097,010,000, 8 to remain available until expended. 9 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND 10 For payment to the Asian Development Bank's Asian 11 Development Fund by the Secretary of the Treasury, 12 $47,395,000, to remain available until expended. 13 CONTRIBUTION TO THE AFRICAN DEYELOPMENT BANK 14 For payment to the African Development Bank by 15 the Secretary of the Treasury for the United States share 16 of the paid-in portion of the increase in capital stock, 17 $32,417,159, to remain available until expended. 18 19 LIMITATION ON GALL.ABLE CAPITAL SUBSCRIPTIONS The United States Governor of the African Develop- 20 ment Bank may subscribe without fiscal year limitation 21 to the callable capital portion of the United States share 22 of such capital stock in an amount not to exceed 23 $507,860,806. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 58 1 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND 2 For payment to the African Development Fund by 3 the Secretary of the Treasury, $171,300,000, to remain 4 available until expended. 5 CONTRIBUTION TO THE INTERNATIONAL FUND FOR 6 A.GRICULTURAL DE.VELOPJ\IENT 7 For payment to the International Fund for Agricul- 8 tural Development by the Secretary of the Treasury, 9 $30,000,000, to remain available until, and to be fully dis10 bursed no later than, September 30, 2020, for the first 11 installment of the eleventh replenishment of the Inter12 national Fund for Agricultural Development: Provided, 13 That the Secretary of the Treasury shall report to the 14 Committees on Appropriations on the status of such pay15 ment not less than quarterly until fully disbursed: Pro16 vided further, That in such report the Secretary shall pro- 17 vide a timeline for the obligation and disbursement of any 18 funds that have not yet been obligated or disbursed. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 59 1 TITLE VI 2 EXPORT AND INVESTMENT ASSISTANCE 3 EXPORT-IMPORT BANK OF THE UNITED STATES 4 INSPECTOR GENERAL 5 For necessary expenses of the Office of Inspector 6 General in carrying out the provisions of the Inspector 7 General Act of 1978, as amended, $5,700,000, of which 8 up to $855,000 may remain available until September 30, 9 2020. 10 11 PROGRAM ACCOUNT The Export-Import Bank of the United States is au- 12 thorized to make such expenditures within the limits of 13 funds and borrowing authority available to such corpora14 tion, and in accordance with law, and to make such con15 tracts and commitments without regard to fiscal year limi16 tations, as provided by section 9104 of title 31, United 17 States Code, as may be necessary in carrying out the pro18 gram for the current fiscal year for such corporation: Pro- l 9 vided, That none of the funds available during the current 20 fiscal year may be used to make expenditures, contracts, 21 or commitments for the export of nuclear equipment, fuel, 22 or technology to any country, other than a nuclear-weapon 23 state as defined in Article IX of the Treaty on the Non24 Proliferation of Nuclear Weapons eligible to receive eco25 nomic or military assistance under this Act, that has deto- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 60 1 nated a nuclear explosive after the date of enactment of 2 this Act. 3 4 ADMINISTRA.TIVE EXPENSES For administrative expenses to carry out the direct 5 and guaranteed loan and insurance programs, including 6 hire of passenger motor vehicles and services as authorized 7 by section 3109 of title 5, United States Code, and not 8 to exceed $30,000 for official reception and representation 9 expenses for members of the Board of Directors, not to 10 exceed $110,000,000, of which up to $16,500,000 may re11 main available until September 30, 2020: Provided, That 12 the Export-Import Bank (the Bank) may accept, and use, 13 payment or services provided by transaction participants 14 for legal, financial, or technical services in connection with 15 any transaction for which an application for a loan, guar16 antee or insurance commitment has been made: Provided 17 further, That the Bank shall charge fees for necessary ex18 penses (including special services performed on a contract 19 or fee basis, but not including other personal services) in 20 connection with the collection of moneys owed the Bank, 21 repossession or sale of pledged collateral or other assets 22 acquired by the Bank in satisfaction of moneys owed the 23 Bank, or the investigation or appraisal of any property, 24 or the evaluation of the legal, financial, or technical as- 25 pects of any transaction for which an application for a February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 61 1 loan, guarantee or insurance commitment has been made, 2 or systems infrastructure directly supporting transactions: 3 Provided further, That in addition to other funds appro4 priated for administrative expenses, such fees shall be 5 credited to this account for such purposes, to remain avail6 able until expended. 7 8 RECEIPTS COLLECTED Receipts collected pursuant to the Export-Import 9 Bank Act of 1945 (Public Law 79-173) and the Federal 10 Credit Reform Act of 1990, in an amount not to exceed 11 . the amount appropriated herein, shall be credited as off12 setting collections to this account: Provided, That the 13 sums herein appropriated from the General Fund shall be 14 reduced on a dollar-for-dollar basis by such offsetting col15 lections so as to result in a final fiscal year appropriation 16 from the General Fund estimated at $0. 17 OVERSEAS PRIVATE INVESTMENT CORPORATION 18 NONCREDIT ACCOUNT 19 The Overseas Private Investment Corporation is au- 20 thorized to make, without regard to fiscal year limitations, 21 as provided by section 9104 of title 31, United States 22 Code, such expenditures and commitments within the lim23 its of funds available to it and in accordance with law as 24 may be necessary: Provided, That the amount available for 25 administrative expenses to carry out the credit and insur- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 62 1 ance programs (including an amount for official reception 2 and representation expenses which shall not exceed 3 $35,000) shall not exceed $79,200,000: Provided further, 4 That project-specific transaction costs, including direct 5 and indirect costs incurred in claims settlements, and 6 other direct costs associated with services provided to spe7 cific investors or potential investors pursuant to section 8 234 of the Foreign Assistance Act of 1961, shall not be 9 considered administrative expenses for the purposes of this 10 heading: Provided further, That of the funds appropriated 11 under this heading in this Act and prior Acts making ap12 propriations for the Department of State, foreign oper13 ations, and related programs, up to $5,000,000 may be 14 made available for limited transition costs associated with 15 the implementation of section 1463 of the Better Utiliza16 tion of Investments Leading to Development (BUILD) 17 Act of 2018 (division F of Public Law 115-254): Provided 18 further, That prior to the initial obligation of funds made 19 available for such transition costs, the President of the 20 Overseas Private Investment Corporation shall submit a 21 spend plan to the Committees on Appropriations for the 22 use of such funds: Provided further, That funds made 23 available for such transition costs shall be subject to the 24 regular notification procedures of the Committees on Ap25 propriations, and may not be made available until the re- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 63 1 organization plan required by section 1462(a) of the 2 BUILD Act of 2018 is transmitted to Congress. 3 4 PROGRAM ACCOUNT For the cost of direct and guaranteed loans as au- 5 thorized by section 234 of the Foreign Assistance Act of 6 1961, $20,000,000, to be derived by transfer from the 7 Overseas Private Investment Corporation Noncredit Ac8 count, to remain available until September 30, 2021: Pro- 9 vided, That such costs, including the cost of modifying 10 such loans, shall be as defined in section 502 of the Con- 11 gressional Budget Act of 197 4: Provided further, That 12 funds so obligated in fiscal year 2019 remain available for 13 disbursement through 2027; funds obligated in fiscal year 14 2020 remain available for disbursement through 2028; 15 and funds obligated in fiscal year 2021 remain available 16 for disbursement through 2029: Provided further, That 17 notwithstanding any other provision of law, the Overseas 18 Private Investment Corporation is authorized to undertake 19 any program authorized by title IV of chapter 2 of part 20 I of the Foreign Assistance Act of 1961 in Iraq: Provided 21 further, That funds made available pursuant to the au22 thority of the previous proviso shall be subject to the reg23 ular notification procedures of the Committees on Appro24 priations. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-S.B'OPS.xml SEN. APPRO. 64 1 In addition, such sums as may be necessary for ad- 2 ministrative expenses to carry out the credit program may 3 be derived from amounts available for administrative ex4 penses to carry out the credit and insurance programs in 5 the Overseas Private Investment Corporation Noncredit 6 Account and merged with said account. 7 8 TRADE AND DEVELOPMENT AGENCY For necessary expenses to carry out the provisions 9 of section 661 of the Foreign Assistance Act of 1961, 10 $79,500,000, to remain available until September 30, 11 2020, of which no more than $19,000,000 may be used 12 for administrative expenses: Provided, That of the funds 13 appropriated under this heading, not more than $5,000 14 may be available for representation and entertainment ex15 penses. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 65 1 TITLE VII 2 GENERAL PROVISIONS 3 ALLOWANCES . AND DIFFERENTBLS 4 SEC. 7001. Funds appropriated under title I of this 5 Act shall be available, except as otherwise provided, for 6 allowances and differentials as authorized by subchapter 7 59 of title 5, United States Code; for services as author- 8 ized by section 3109 of such title and for hire of passenger 9 transportation pursuant to section 1343(b) of title 31, 10 United States Code. 11 12 UNOBLIGATED BALANCES REPORT SEC. 7002. Any department or agency of the United 13 States Government to which funds are appropriated or 14 otherwise made available by this Act shall provide to the 15 Committees on Appropriations a quarterly accounting of 16 cumulative unobligated balances and obligated, but unex17 pended, balances by program, project, and activity, and 18 Treasury Account Fund Symbol of all funds received by 19 such department or agency in fiscal year 2019 or any pre20 vious fiscal year, disaggregated by fiscal year: Provided, 21 That the report required by this section shall be submitted 22 not later than 30 days after the end of each fiscal quarter 23 and should specify by account the amount of funds obli24 gated pursuant to bilateral agreements which have not 25 been further sub-obligated. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 66 1 2 CONSULTING SERVICES SEC. 7003. The expenditure of any appropriation 3 under title I of this Act for any consulting service through 4 procurement contract, pursuant to section 3109 of title 5 5, United States Code, shall be limited to those contracts 6 where such expenditures are a matter of public record and 7 available for public inspection, except where otherwise pro8 vided under existing law, or under existing Executive order 9 issued pursuant to existing law. 10 11 DIPLOMATIC FACILITIES SEC. 7004. (a) CAPITAL SECURITY COST SILIBING 12 lNFORl\lATION.-The Secretary of State shall promptly in13 form the Committees on Appropriations of each instance 14 in which a Federal department or agency is delinquent in 15 providing the full amount of funding required by section 16 604(e) of the Secure Embassy Construction and Counter17 terrorism Act of 1999 (22 U.S.C. 4865 note). 18 (b) EXCEPTION.-Notwithstanding paragraph (2) of 19 section 604( e) of the Secure Embassy Construction and 20 Counterterrorism Act of 1999 (title VI of division A of 21 H.R. 3427, as enacted into law by section 1000(a)(7) of 22 Public Law 106-113 and contained in appendix G of that 23 Act), as amended by section 111 of the Department of 24 State Authorities Act, :B--,iscal Year 2017 (Public Law 11425 323), a project to construct a facility of the United States February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 67 1 may include office space or other accommodations for 2 members of the United States Marine Corps. 3 (c) NEW DIPLOl\IATIC F ACILITIES.-For the pur- 4 poses of calculating the fiscal year 2019 costs of providing 5 new United States diplomatic facilities in accordance with 6 section 604(e) of the Secure Embassy Construction and 7 Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 8 Secretary of State, in consultation with the Director of 9 the Office of Management and Budget, shall determine the 10 annual program level and agency shares in a manner that 11 is proportional to the contribution of the Department of 12 State for this purpose. 13 (d) CONSULTATION AND NOTIFICATION.-Funds ap- 14 propriated by this Act and prior Acts making appropria- 15 tions for the Department of State, foreign operations, and 16 related programs, which may be made available for the 17 acquisition of property or award of construction contracts 18 for overseas United States diplomatic facilities during fis19 cal year 2019, shall be subject to prior consultation with, 20 and the regular notification procedures of, the Committees 21 on Appropriations: Provided, That notifications pursuant 22 to this subsection shall include the information enumer23 ated under the heading "Embassy Security, Construction, 24 and Maintenance" in House Report 115-829. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 68 1 ( e) INTERIM AND TEMPORARY FACILITIES 2 AirnnAD.3 (1) SECURITY YULNERABILITIES.-Funds ap- 4 propriated by this Act under the heading "Embassy 5 Security, Construction, and Maintenance" may be 6 made available, following consultation with the ap- 7 propriate congressional committees, to address secu- 8 rity vulnerabilities at interim and temporary United 9 States diplomatic facilities abroad, including physical 10 security upgrades and local guard staffing, except 11 that the amount of funds made available for such 12 purposes from this Act and prior Acts making ap- 13 propriations for the Department of State, foreign 14 operations, and related programs shall be a mm- 15 imum of $25,000,000. 16 (2) CONSULTATION.-Notwithstanding any 17 other provision of law, the opening, closure, or any 18 significant modification to an interim or temporary 19 United States diplomatic facility shall be subject to 20 prior consultation with the appropriate congressional 21 committees and the regular notification procedures 22 of the Committees on Appropriations, except that 23 such consultation and notification may be waived if 24 there is a security risk to personnel. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.x:ml 69 1 (f) TRANSFER OF FUNDS AUTHORITY.-Funds ap- 2 propriated under the headings "Diplomatic Programs", 3 including for Worldwide Security Protection, ''Emer4 gencies in the Diplomatic and Consular Service", and 5 "Embassy Security, Construction, and Maintenance" in 6 this Act may be transferred to, and merged with, funds 7 appropriated under such headings if the Secretary of State 8 determines and reports to the Committees on Appropria9 tions that to do so is necessary to implement the ree- l O ommendations of the Benghazi Accountability Review 11 Board, for emergency evacuations, or to prevent or re12 spond to security situations and requirements, following 13 consultation with, and subject to the regular notification 14 procedures of, such Committees: Provided, That such 15 transfer authority is in addition to any transfer authority 16 otherwise available in this Act and under any other provi- 17 sion of law. 18 (g) SOFT T.ARGETS.-Funds appropriated by this Act 19 under the heading "Embassy Security, Construction, and 20 Maintenance" may be made available for security up21 grades to soft targets, including schools, recreational fa22 cilities, and residences used by United States diplomatic 23 personnel and their dependents, except that the amount 24 made available for such purposes shall be a minimum of 25 $10,000,000. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 70 1 (h) REPORT .-Within 45 days of enactment of this 2 Act and every 3 months thereafter until the completion 3 of each project, the Secretary of State shall submit to the 4 Committees on Appropriations a report on the Erbil Con5 sulate, Beirut Embassy, Jakarta Embassy, Mexico City 6 Embassy, and New Delhi Embassy, as described under 7 this section in the joint explanatory statement accom8 panying this Act. 9 (i) SECURE RESUPPLY .AND MAINTEN.ANCE.-The 10 Secretary of State may not grant final approval for the 11 construction of a new facility or substantial construction 12 to improve or expand an existing facility in the United 13 States by or for the Government of the People's Republic 14 of China until the Secretary certifies and reports to the 15 appropriate congressional committees that an agreement 16 has been concluded between the Governments of the 17 United States and the People's Republic of China that 18 permits secure resupply, maintenance, and new construc19 tion of United States Government facilities in the People's 20 Republic of China. 21 22 PERSONNEL ACTIONS SEC. 7005. Any costs incurred by a department or 23 agency funded under title I of this Act resulting from per24 sonnel actions taken in response to funding reductions in25 eluded in this Act shall be absorbed within the total budg- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 71 1 etary resources available under title I to such department 2 or agency: Provided, That the authority to transfer funds 3 between appropriations accounts as may be necessary to 4 carry out this section is provided in addition to authorities 5 included elsewhere in this Act: Provided further, That use 6 of funds to carry out this section shall be treated as a 7 reprogramming of funds under section 7015 of this Act. 8 9 DEPARTMENT OF STATE MANAGEMENT SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVE- 10 MENT.-Funds appropriated by this Act for the operations 11 of the Department of State under the headings ''Diplo12 matic Programs" and "Capital Investment Fund" shall be 13 made available to implement the recommendations con14 tained in the Foreign Assistance Data Review Findings 15 Report (FAD R) and the Office of Inspector General (0 I G) 16 report entitled "Department Financial Systems Are Insuf17 ficient to Track and Report on Foreign Assistance 18 Funds": Provided, That not later than 45 days after en19 actment of this Act, the Secretary of State shall submit 20 to the Committees on Appropriations an update to the 21 plan required under section 7006 of the Department of 22 State, Foreign Operations, and Related Programs Appro23 priations Act, 2017 (division J of Public Law 115-31) for 24 implementing the F ADR and OIG recommendations: Pro25 vided further, That such funds may not be obligated for February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 72 1 enhancements to, or expans10ns of, the Budget System 2 Modernization Financial System, Central Resource Man- 3 agement System, Joint Financial Management System, or 4 Foreign Assistance Coordination and Tracking System 5 until such updated plan is submitted to the Committees 6 on Appropriations: Provided further, That such funds may 7 not be obligated for new, or expansion of existing, ad hoc 8 electronic systems to track commitments, obligations, or 9 expenditures of funds unless the Secretary of State, fol10 lowing consultation with the Chief Information Officer of 11 the Department of State, has reviewed and certified that 12 such new system or expansion is consistent with the 13 F ADR and OIG recommendations. 14 (b) WORKING CAPITAL FUND.-Funds appropriated 15 by this Act or otherwise made available to the Department 16 of State for payments to the Working Capital Fund may 17 only be used for the service centers included in the Con- 18 gressional Budget Justification, Department of State, 19 Foreign Operations, and Related Programs, Fiscal Year 20 2019: Provided, That the amounts for such service centers 21 shall be the amounts included in such budget justification, 22 except as provided in section 7015(b) of this Act: Provided 23 further, That Federal agency components shall be charged 24 only for their direct usage of each Working Capital Fund 25 service: Provided further, That prior to increasing the per- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 73 1 centage charged to Department of State bureaus and of2 fices for procurement-related activities, the Secretary of 3 State shall include the proposed increase in the Depart4 ment of State budget justification or, at least 60 days 5 prior to the increase, provide the Committees on Appro6 priations a justification for such increase, including a de- 7 tailed assessment of the cost and benefit of the services 8 provided by the procurement fee: Provided further, That 9 Federal agency components may only pay for Working 10 Capital Fund services that are consistent with the purpose 11 and authorities of such components: Provided further, 12 That the Working Capital Fund shall be paid in advance 13 or reimbursed at rates which will return the full cost of 14 each service. 15 (c) CERTIFICATION.- 16 (1) Not later than 45 days after the initial obli- 17 gation of funds appropriated under titles III and IV 18 of this Act that are made available to a Department 19 of State bureau or office with responsibility for the 20 management and oversight of such funds, the Sec- 21 retary of State shall certify and report to the Com- 22 mittees on Appropriations, on an individual bureau 23 or office basis, that such bureau or office is in com- 24 pliance with Department and Federal financial and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 74 1 grants management policies, procedures, and regula- 2 tions, as applicable. 3 (2) When making a certification required by 4 paragraph (1), the Secretary of State shall consider 5 the capacity of a bureau or office to- 6 7 (A) account for the obligated funds at the country and program level, as appropriate; (B) identify risks and develop mitigation 8 9 and monitoring plans; 10 11 (C) establish performance measures and indicators; 12 (D) review activities and performance; and 13 (E) assess final results and reconcile fi- 14 nances. 15 (3) If the Secretary of State is unable to make 16 a certification required by paragraph (1), the Sec- 17 retary shall submit a plan and timeline detailing the 18 steps to be taken to bring such bureau or office into 19 compliance. 20 (4) The report accompanying a certification re- 21 quired by paragraph (1) shall include the require- 22 ments contained under this section in House Report 23 115-829. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 75 1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN 2 COUNTRIES 3 SEC. 7007. None of the funds appropriated or other- 4 wise made available pursuant to titles III through VI of 5 this Act shall be obligated or expended to finance directly 6 any assistance or reparations for the governments of 7 Cuba, North Korea, Iran, or Syria: Provided, That for 8 purposes of this section, the prohibition on obligations or 9 expenditures shall include direct loans, credits, insurance, 10 and guarantees of the Export-Import Bank or its agents. 11 12 COUPS D'ETAT SEC. 7008. None of the funds appropriated or other- 13 wise made available pursuant to titles III through VI of 14 this Act shall be obligated or expended to finance directly 15 any assistance to the government of any country whose 16 duly elected head of government is deposed by military 17 coup d'etat or decree or, after the date of enactment of 18 this Act, a coup d'etat or decree in which the military 19 plays a decisive role: Provided, That assistance may be re- 20 sumed to such government if the Secretary of State cer21 tifies and reports to the appropriate congressional commit22 tees that subsequent to the termination of assistance a 23 democratically elected government has taken office: Pro24 vided further, That the provisions of this section shall not 25 apply to assistance to promote democratic elections or February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 76 1 public participation in democratic processes: Provided fur2 ther, That funds made available pursuant to the previous 3 provisos shall be subject to the regular notification proce- 4 dures of the Committees on Appropriations. 5 6 TRANSFER OF FUNDS AUTHORITY SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD- 7 CASTING BOARD OF GOVERNORS.8 (1) DEPARTMENT OF STATE.-Not to exceed 5 9 percent of any appropriation made available for the 10 current fiscal year for the Department of State 11 under title I of this Act may be transferred between, 12 and merged with, such appropriations, but no such 13 appropriation, except as otherwise specifically pro- 14 vided, shall be increased by more than 10 percent by 15 any such transfers, and no such transfer may be 16 made to increase the appropriation under the head- 17 ing ''Representation Expenses''. 18 (2) BROADCASTING BOARD OF GOVERNORS.- 19 Not to exceed 5 percent of any appropriation made 20 available for the current fiscal year for the Broad- 21 casting Board of Governors under title I of this Act 22 may be transferred between, and merged with, such 23 appropriations, but no such appropriation, except as 24 otherwise specifically provided, shall be increased by 25 more than 10 percent by any such transfers. February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 77 1 (3) TREATMENT AS REPROGRAMMING.-Any 2 transfer pursuant to this subsection shall be treated 3 as a reprogramming of funds under section 7015 of 4 this Act and shall not be available for obligation or 5 expenditure except in compliance with the proce- 6 dures set forth in that section. 7 (b) TITLE VI AGENCIES.-Not to exceed 5 percent 8 of any appropriation, other than for administrative ex9 penses made available for fiscal year 2019, for programs 10 under title VI of this Act may be transferred between such 11 appropriations for use for any of the purposes, programs, 12 and activities for which the funds in such receiving ac- 13 count may be used, but no such appropriation, except as 14 otherwise specifically provided, shall be increased by more 15 than 25 percent by any such transfer: Provided, That the 16 exercise of such authority shall be subject to the regular 17 notification procedures of the Committees on Appropria18 tions. 19 (c) LIMITATION ON TRANSFERS OF FUNDS BE- 20 TWEEN AGENCIES.21 (1) IN GENERAL.-None of the funds made 22 available under titles II through V of this Act may 23 be transferred to any department, agency, or instru- 24 mentality of the United States Government, except 25 pursuant to a transfer made by, or transfer author- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 78 1 ity provided in, this Act or any other appropriations 2 Act. 3 (2) .ALLOCATION AND TRANSFERS.-Notwith- 4 standing paragraph (1), in addition to transfers 5 made by, or authorized elsewhere in, this Act, funds 6 appropriated by this Act to carry out the purposes 7 of the Foreign Assistance Act of 19 61 may be allo- 8 cated or transferred to agencies of the United States 9 Government pursuant to the provisions of sections 10 109, 610, and 632 of the Foreign Assistance Act of 11 1961. 12 (3) NOTIFIC. .\TION.-Any agreement entered 13 into by the United States Agency for International 14 Development or the Department of State with any 15 department, agency, or instrumentality of the United 16 States Government pursuant to section 632(b) of the 17 Foreign Assistance Act of 1961 valued in excess of 18 $1,000,000 and any agreement made pursuant to 19 section 632(a) of such Act, with funds appropriated 20 by this Act or prior Acts making appropriations for 21 the Department of State, foreign operations, and re- 22 lated programs under the headings "Global Health 23 Programs", "Development Assistance", "Economic 24 Support Fund", and "Assistance for Europe, Eur- 25 asia and Central Asia" shall be subject to the reg- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 79 1 ular notification procedures of the Committees on 2 Appropriations: Provided, That the requirement in 3 the previous sentence shall not apply to agreements 4 entered into between USAID and the Department of 5 State. 6 (d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.- 7 None of the funds made available under titles II through 8 V of this Act may be obligated under an appropriations 9 account to which such funds were not appropriated, except 10 for transfers specifically provided for in this Act, unless 11 the President, not less than 5 days prior to the exercise 12 of any authority contained in the Foreign Assistance Act 13 of 1961 to transfer funds, consults with and provides a 14 written policy justification to the Committees on Appro15 priations. 16 (e) AUDIT OF INTER-AGENCY TRANSFERS OF 17 FUNDS.-Any agreement for the transfer or allocation of 18 funds appropriated by this Act or prior Acts making ap19 propriations for the Department of State, foreign oper- 20 ations and related programs, entered into between the De21 partment of State or USAID and another agency of the 22 United States Government under the authority of section 23 632(a) of the Foreign Assistance Act of 1961 or any com24 parable provision of law, shall expressly provide that the 25 Inspector General (IG) for the agency receiving the trans- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 80 1 fer or allocation of such funds, or other entity with audit 2 responsibility if the receiving agency does not have an IG, 3 shall perform periodic program and financial audits of the 4 use of such funds and report to the Department of State 5 or USAID, as appropriate, upon completion of such au- 6 dits: Provided, That such audits shall be transmitted to 7 the Committees on Appropriations by the Department of 8 State or USAID, as appropriate: Provided further, That 9 funds transferred under such authority may be made 10 available for the cost of such audits. 11 (f) REPORT.-Not later than October 31, 2019, the 12 Secretary of State and the USAID Administrator shall 13 each submit a report to the Committees on Appropriations 14 detailing all transfers to another agency of the United 15 States Government made pursuant to sections 632(a) and 16 632(b) of the Foreign Assistance Act of 1961 with funds 17 provided in the Department of State, Foreign Operations, 18 and Related Programs Appropriations Act, 2018 (division 19 K of Public Law 115-141): Provided, That such reports 20 shall include a list of each transfer made pursuant to such 21 sections with the respective funding level, appropriation 22 account, and the receiving agency. 23 24 PROHIBITION ON CERTAIN OPERATIONAL EXPENSES SEO. 7010. (a) FIRST-CLASS TRAVEL.-None of the 25 funds made available by this Act may be used for first- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 81 1 class travel by employees of United States Government de2 partments and agencies funded by this Act in contraven3 tion of section 301-10.122 through 301-10.124 of title 4 41, Code of Federal Regulations. 5 (b) COMPUTER NETWORKS.-None of the funds 6 made available by this Act for the operating expenses of 7 any United States Government department or agency may 8 be used to establish or maintain a computer network for 9 use by such department or agency unless such network 10 has filters designed to block access to sexually explicit 11 websites: Provided, That nothing in this subsection shall 12 limit the use of funds necessary for any Federal, State, 13 tribal, or local law enforcement agency, or any other entity 14 carrying out the following activities: criminal investiga15 tions, prosecutions, and adjudications; administrative dis16 cipline; and the monitoring of such websites undertaken 17 as part of official business. 18 (c) PROHIBITION ON PROMOTION OF TOBACC0.- 19 None of the funds made available by this Act should be 20 available to promote the sale or export of tobacco or to21 bacco products, or to seek the reduction or removal by any 22 foreign country of restrictions on the marketing of tobacco 23 or tobacco products, except for restrictions which are not 24 applied equally to all tobacco or tobacco products of the 25 same type. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 82 1 2 AVAILABILITY OF FUNDS SEC. 7011. No part of any appropriation contained 3 in this Act shall remain available for obligation after the 4 expiration of the current fiscal year unless expressly so 5 provided by this Act: Provided, That funds appropriated 6 for the purposes of chapters 1 and 8 of part I, section 7 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 8 Assistance Act of 1961, section 23 of the Arms Export 9 Control Act, and funds provided under the headings "Del O velopment Credit Authority" and "Assistance for Europe, 11 Eurasia and Central Asia" shall remain available for an 12 additional 4 years from the date on which the availability 13 of such funds would otherwise have expired, if such funds 14 are initially obligated before the expiration of their respec- 15 tive periods of availability contained in this Act: Provided 16 fur{her, That the availability of funds pursuant to the pre17 vious proviso shall not be applicable to such funds until 18 the Secretary of State submits the reports required under 19 section 7011 of the Department of State, Foreign Oper20 ations, and Related Programs Appropriations Act, 2017 21 (division J of Public Law 115-31) and the Department 22 of State, Foreign Operations, and Related Programs Ap23 propriations Act, 2018 (division K of Public Law 11524 141): Provided further, That notwithstanding any other 25 provision of this Act, any funds made available for the February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 83 1 purposes of chapter 1 of part I and chapter 4 of part II 2 of the Foreign Assistance Act of 1961 which are allocated 3 or obligated for cash disbursements in order to address 4 balance of payments or economic policy reform objectives, 5 shall remain available for an additional 4 years from the 6 date on which the availability of such funds would other7 wise have expired, if such funds are initially allocated or 8 obligated before the expiration of their respective periods 9 of availability contained in this Act: Provided further, That 10 the Secretary of State shall provide a report to the Com- 11 mittees on Appropriations not later than October 31, 12 2019, detailing by account and source year, the use of this 13 authority during the previous fiscal year. 14 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT 15 SEC. 7012. No part of any appropriation provided 16 under titles III through VI in this Act shall be used to 17 furnish assistance to the government of any country which 18 is in default during a period in excess of 1 calendar year 19 in payment to the United States of principal or interest 20 on any loan made to the government of such country by 21 the United States pursuant to a program for which funds 22 are appropriated under this Act unless the President de23 termines, following consultation with the Committees on 24 Appropriations, that assistance for such country is in the 25 national interest of the United States. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 84 1 PROHIBITION ON TAXATION OF UNITED STATES 2 ASSISTANCE 3 SEC. 7013. (a) PROHIBITION ON TL-XATION.-None 4 of the funds appropriated under titles III through VI of 5 this Act may be made available to provide assistance for 6 a foreign country under a new bilateral agreement gov- 7 erning the terms and conditions under which such assist8 ance is to be provided unless such agreement includes a 9 provision stating that assistance provided by the United 10 States shall be exempt from taxation, or reimbursed, by 11 the foreign government, and the Secretary of State and 12 the Administrator of the United States Agency for Inter- 13 national Development shall expeditiously seek to negotiate 14 amendments to existing bilateral agreements, as nec15 essary, to conform with this requirement. 16 (b) NOTIFICATION AND REIMBURSEMENT OF FOR- 17 EIGN TAXEs.-An amount equivalent to 200 percent of 18 the total taxes assessed during fiscal year 2019 on funds 19 appropriated by this Act and prior Acts making appropria20 tions for the Department of State, foreign operations, and 21 related programs by a foreign government or entity 22 against United States assistance programs, either directly 23 or through grantees, contractors, and subcontractors, shall 24 be withheld from obligation from funds appropriated for 25 assistance for fiscal year 2020 and for prior fiscal years February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 85 1 and allocated for the central government of such country 2 or for the West Bank and Gaza program, as applicable, 3 if, not later than September 30, 2020, such taxes have 4 not been reimbursed: Provided, That the Secretary of 5 State shall report to the Committees on Appropriations 6 by such date on the foreign governments and entities that 7 have not reimbursed such taxes, including any amount of 8 funds withheld pursuant to this subsection. 9 (c) DE MINIMIS EXCEPTION .-Foreign taxes of a de 10 minimis nature shall not be subject to the provisions of 11 subsection (b). 12 (d) REPROGRAMMING OF FUNDS.-Funds withheld 13 from obligation for each foreign government or entity pur14 suant to subsection (b) shall be reprogrammed for assist15 ance for countries which do not assess taxes on United 16 States assistance or which have an effective arrangement 17 that is providing substantial reimbursement of such taxes, 18 and that can reasonably accommodate such assistance in 19 a programmatically responsible manner. 20 (e) DETERMINATIONS.- 21 (1) IN GENERAL.-The provis10ns of this sec- 22 tion shall not apply to any foreign government or en- 23 tity that assesses such taxes if the Secretary of 24 State reports to the Committees on Appropriations 25 that- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 86 1 (A) such foreign government or entity has 2 an effective arrangement that is providing sub- 3 stantial reimbursement of such taxes; or 4 (B) the foreign policy interests of the 5 United States outweigh the purpose of this sec- 6 tion to ensure that United States assistance is 7 not subject to taxation. 8 (2) CONSULTATION.-The Secretary of State 9 shall consult with the Committees on Appropriations 10 at least 15 days prior to exercising the authority of 11 this subsection with regard to any foreign govern- 12 ment or entity. 13 (f) ll\IPLEl\IENTATION.-The Secretary of State shall 14 issue and update rules, regulations, or policy guidance, as 15 appropriate, to implement the prohibition against the tax16 ation of assistance contained in this section. 17 (g) DEFINITIONS.-As used in this section: 18 (1) BILATERAL AGREEMENT.-The term "bilat- 19 eral agreement" refers to a framework bilateral 20 agreement between the Government of the United 21 States and the government of the country receiving 22 assistance that describes the privileges and immuni- 23 ties applicable to United States foreign assistance 24 for such country generally, or an individual agree- 25 ment between the Government of the United States February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 87 1 and such government that describes, among other 2 things, the treatment for tax purposes that will be 3 accorded the United States assistance provided 4 under that agreement. 5 (2) TAXES AND TAXATION.-The term ''taxes 6 and taxation'' shall include value added taxes and 7 customs duties but shall not include individual in- 8 come taxes assessed to local staff. 9 (h) REPORT.-Not later than 90 days after enact- 10 ment of this Act, the Secretary of State, in consultation 11 with the heads of other relevant agencies of the United 12 States Government, shall submit a report to the Commit13 tees on Appropriations on the requirements contained 14 under this section in House Report 115-829. 15 16 RESERVATIONS OF FUNDS SEC. 7014. (a) REPROGRAl\IMING.-Funds appro- 17 priated under titles III through VI of this Act which are 18 specifically designated may be reprogrammed for other 19 programs within the same account notwithstanding the 20 designation if compliance with the designation is made im21 possible by operation of any provision of this or any other 22 Act: Provided, That any such reprogramming shall be sub23 ject to the regular notification procedures of the Commit24 tees on Appropriations: Provided further, That assistance 25 that is reprogrammed pursuant to this subsection shall be February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 88 1 made available under the same terms and conditions as 2 originally provided. 3 (b) EXTENSION OF .AV.AILABILITY.-In addition to 4 the authority contained in subsection (a), the original pe5 riod of availability of funds appropriated by this .Act and 6 administered by the Department of State or the United 7 States .Agency for International Development that are spe8 cifically designated for particular programs or activities by 9 this or any other .Act may be extended for an additional 10 fiscal year if the Secretary of State or the US.AID .Admin11 istrator, as appropriate, determines and reports promptly 12 to the Committees on .Appropriations that the termination 13 of assistance to a country or a significant change in cir14 cumstances makes it unlikely that such designated funds 15 can be obligated during the original period of availability: 16 Provided, That such designated funds that continue to be 17 available for an additional fiscal year shall be obligated 18 only for the purpose of such designation. 19 (c) OTHER .AcTs.-Ceilings and specifically des- 20 ignated funding levels contained in this .Act shall not be 21 applicable to funds or authorities appropriated or other22 wise made available by any subsequent .Act unless such 23 .Act specifically so directs: Provided, That specifically des24 ignated funding levels or minimum funding requirements February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 89 1 contained in any other Act shall not be applicable to funds 2 appropriated by this Act. 3 4 NOTIFICATION REQUIREMENTS SEC. 7015. (a) NOTIFICATION OF CHANGES IN PR0- 5 GRAMS, PROJECTS, AND ACTIVITIES.-None of the funds 6 made available in titles I and II of this Act or prior Acts 7 making appropriations for the Department of State, for- 8 eign operations, and related programs to the departments 9 and agencies funded by this Act that remain available for 10 obligation in fiscal year 2019, or provided from any ac11 counts in the Treasury of the United States derived by 12 the collection of fees or of currency reflows or other offset13 ting collections, or made available by transfer, to the de. 14 partments and agencies funded by this Act, shall be avail15 able for obligation to16 (1) create new programs; 17 (2) suspend or eliminate a program, project, or 18 activity; 19 20 21 22 (3) close, suspend, open, or reopen a mission or post; (4) create, close, reorgarnze, downsize, or rename bureaus, centers, or offices; or 23 (5) contract out or privatize any functions or 24 activities presently performed by Federal employees; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 90 1 unless previously justified to the Committees on Appro2 priations or such Committees are notified 15 days in ad3 vance of such obligation. 4 5 (b) NOTIFICATION FUNDS.-N one OF REPROGRAMMING OF of the funds provided under titles I and 6 II of this Act or prior Acts making appropriations for the 7 Department of State, foreign operations, and related pro- 8 grams, to the departments and agencies funded under ti9 tles I and II of this Act that remain available for obliga10 tion in fiscal year 2019, or provided from any accounts 11 in the Treasury of the United States derived by the collec12 tion of fees available to the department and agency funded 13 under title I of this Act, shall be available for obligation 14 or expenditure for activities, programs, or projects 15 through a reprogramming of funds in excess of 16 $1,000,000 or 10 percent, whichever is less, that17 18 (1) augments or changes existing programs, projects, or activities; 19 (2) relocates an existing office or employees; 20 (3) reduces by 10 percent funding for any exist- 21 ing program, project, or activity, or numbers of per- 22 sonnel by 10 percent as approved by Congress; or 23 (4) results from any general savings, including 24 savings from a reduction in personnel, which would February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 91 1 result in a change in existing programs, activities, or 2 projects as approved by Congress; 3 unless the Committees on Appropriations are notified 15 4 days in advance of such reprogramming of funds. 5 (c) NOTIFICATION REQUIREMENT.-None of the 6 funds made available by this Act under the headings 7 "Global Health Programs", "Development Assistance", 8 "International Organizations and Programs", "Trade and 9 Development Agency", "International Narcotics Control 10 and Law Enforcement", "Economic Support Fund", "De- ll mocracy Fund", "Assistance for Europe, Eurasia and 12 Central Asia", "Peacekeeping Operations", "Non- 13 proliferation, Anti-terrorism, Demining and Related Pro14 grams", "Millennium Challenge Corporation", "Foreign 15 Military Financing Program", "International Military 16 Education and Training", and "Peace Corps", shall be 17 available for obligation for activities, programs, projects, 18 type of materiel assistance, countries, or other operations 19 not justified or in excess of the amount justified to the 20 Committees on Appropriations for obligation under any of 21 these specific headings unless the Committees on Appro22 priations are notified 15 days in advance of such obliga23 tion: Provided, That the President shall not enter into any 24 commitment of funds appropriated for the purposes of sec25 tion 23 of the Arms Export Control Act for the provision February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 92 1 of major defense equipment, other than conventional am2 munition, or other major defense items defined to be air3 craft, ships, missiles, or combat vehicles, not previously 4 justified to Congress or 20 percent in excess of the quan- 5 tities justified to Congress unless the Committees on Ap6 propriations are notified 15 days in advance of such com7 mitment: Provided further, That requirements of this sub- 8 section or any similar provision of this or any other Act 9 shall not apply to any reprogramming for an activity, pro- 10 gram, or project for which funds are appropriated under 11 titles III through VI of this Act of less than 10 percent 12 of the amount previously justified to Congress for obliga13 tion for such activity, program, or project for the current 14 fiscal year: Provided further, That any notification sub15 mitted pursuant to subsection (f) of this section shall in16 elude information (if known on the date of transmittal of 17 such notification) on the use of notwithstanding authority: 18 Provided further, That if subsequent to the notification of 19 assistance it becomes necessary to rely on notwithstanding 20 authority, the Committees on Appropriations should be in21 formed at the earliest opportunity and to the extent prac22 ticable. 23 24 (d) DEPARTMENT OF DEFENSE PROGRAMS AND FUNDING February 9, 2019 (2:13 p.m.) N OTIFIGATIONS.- U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 93 1 (1) PROGRAMS.-None of the funds appro- 2 priated by this Act or prior Acts making appropria- 3 tions for the Department of State, foreign oper- 4 ations, and related programs may be made available 5 to support or continue any program initially funded 6 under any authority of title 10, United States Code, 7 or any Act making or authorizing appropriations for 8 the Department of Defense, unless the Secretary of 9 State, in consultation with the Secretary of Defense 10 and in accordance with the regular notification pro- 11 cedures of the Committees on Appropriations, sub- 12 mits a justification to such Committees that includes 13 a description of, and the estimated costs associated 14 with, the support or continuation of such program. 15 (2) FUNDING.-Notwithstanding any other pro- 16 vision of law, funds transferred by the Department 17 of Defense to the Department of State and the 18 United States Agency for International Development 19 for assistance for foreign countries and international 20 organizations shall be subject to the regular notifica- 21 tion procedures of the Committees on Appropria- 22 tions. 23 (3) NOTIFICATION ON EXCESS DEFENSE ARTI- 24 CLES.-Prior to providing excess Department of De- 25 fense articles in accordance with section 516(a) of February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 94 1 the Foreign Assistance Act of 1961, the Department 2 of Defense shall notify the Committees on Appro- 3 priations to the same extent and under the same 4 conditions as other committees pursuant to sub- 5 section (f) of that section: Provided, That before 6 issuing a letter of offer to sell excess defense articles 7 under the Arms Export Control Act, the Department 8 of Defense shall notify the Committees on Appro- 9 priations in accordance with the regular notification 10 procedures of such Committees if such defense arti- 11 cles are significant military equipment (as defined in 12 section 4 7 ( 9) of the Arms Export Control Act) or 13 are valued (in terms of original acquisition cost) at 14 $7,000,000 or more, or if notification is required 15 elsewhere in this Act for the use of appropriated 16 funds for specific countries that would receive such 17 excess defense articles: Provided further, That such 18 Committees shall also be informed of the original ac- 19 quisition cost of such defense articles. 20 (e) WAIVER.-The requirements of this section or 21 any similar provision of this Act or any other Act, includ- 22 ing any prior Act requiring notification in accordance with 23 the regular notification procedures of the Committees on 24 Appropriations, may be waived if failure to do so would 25 pose a substantial risk to human health or welfare: Pro- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 95 1 vided, That in case of any such waiver, notification to the 2 Committees on Appropriations shall be provided as early 3 as practicable, but in no event later than 3 days after tak4 ing the action to which such notification requirement was 5 applicable, in the context of the circumstances necessi6 tating such waiver: Provided further, That any notification 7 provided pursuant to such a waiver shall contain an expla8 nation of the emergency circumstances. 9 (f) COUNTRY NOTIFICATION REQUIREMENTS.-None 10 of the funds appropriated under titles III through VI of 11 this Act may be obligated or expended for assistance for 12 Afghanistan, Bahrain, Bolivia, Burma, Cambodia, Colom13 bia, Cuba, Egypt, El Salvador, Ethiopia, Guatemala, 14 Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico, 15 Nicaragua, Pakistan, Philippines, the Russian Federation, 16 Somalia, South Sudan, Sri Lanka, Sudan, Syria, 17 Uzbekistan, Venezuela, Yemen, and Zimbabwe except as 18 provided through the regular notification procedures of the 19 Committees on Appropriations. 20 (g) TRUST FUNDS.-Funds appropriated or other- 21 wise made available in title III of this Act and prior Acts 22 making funds available for the Department of State, for23 eign operations, and related programs that are made avail24 able for a trust fund held by an international financial 25 institution shall be subject to the regular notification pro- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 96 1 cedures of the Committees on Appropriations: Provided, 2 That such notification shall include the information speci- 3 fied under this section in the explanatory statement ac4 companying the Department of State, Foreign Operations, 5 and Related Programs Appropriations Act, 2018 (division 6 K of Public Law 115-141). 7 (h) OTHER PROGRAM NOTIFICATION REQUIRE- S l\IENT.- 9 (1) DIPLOl\LI\TIC PROGRAMS.-Funds appro- 10 priated under title I of this Act under the heading 11 "Diplomatic Programs" that are made available for 12 a pilot program for lateral entry into the Foreign 13 Service shall be subject to prior consultation with, 14 and the regular notification procedures of, the Com- 15 mittees on Appropriations. 16 (2) OTHER PROGRAMS.-Funds appropriated by 17 this Act that are made available for the following 18 programs and activities shall be subject to the reg- 19 ular notification procedures of the Committees on 20 Appropriations- 21 (A) The Global Engagement Center, except 22 that the Secretary of State shall consult with 23 the appropriate congressional committees prior 24 to submitting such notification; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 97 (B) The Power Africa initiative, or any 1 2 successor program; (C) 3 Community-based police assistance 4 conducted pursuant to the authority of section 5 7049(a)(l) of this Act; 6 (D) Programs to counter foreign fighters 7 and extremist organizations, pursuant to sec- 8 tion 7071(a) of this Act; (E) The Relief and Recovery Fund; 9 10 (F) The Indo-Pacific· Strategy; 11 (G) 12 (H) Security Contingency The Countering Russian Influence Fund; and 15 16 Global Fund; 13 14 The (I) Programs to end modern slavery. (i) WITHHOLDING OF FUNDS.-Funds appropriated 17 by this Act under titles III and IV that are withheld from 18 obligation or otherwise not programmed as a result of ap19 plication of a provision of law in this or any other Act 20 shall, if reprogrammed, be subject to the regular notifica21 tion procedures of the Committees on Appropriations. 22 (j) REQUIREl\IENT TO INFORM, COORDINATE, AND 23 CONSULT.24 (1) The Secretary of State shall promptly in- 25 form the appropriate congressional committees of February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 98 1 each instance in which funds appropriated by this 2 Act for assistance for Iraq, Libya, Somalia, Syria, 3 the Counterterrorism Partnership Fund, the Relief 4 and Recovery Fund, or programs to counter extre- 5 mism and foreign fighters abroad, have been di- 6 verted or destroyed, to include the type and amount 7 of assistance, a description of the incident and par- 8 ties involved, and an explanation of the response of 9 the Department of State or USAID, as appropriate: 10 Provided, That the Secretary shall ensure such 11 funds are coordinated with, and complement, the 12 programs of other United States Government de- 13 partments and agencies and international partners 14 in such countries and on such activities. 15 (2) The Secretary of State shall consult with 16 the Committees on Appropriations at least seven 17 days prior to informing a government of, or pub- 18 lically announcing a decision on, the suspension of 19 assistance to a country or a territory, including as 20 a result of an interagency review of such assistance, 21 from funds appropriated by this Act or prior Acts 22 making appropriations for the Department of State, 23 foreign operations, and related programs. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 99 1 DOCUMENT REQUESTS, RECORDS MANAGEMENT, AND 2 RELATED CYBERSECURITY PROTECTIONS 3 SEC. 7016. (a) REQUESTS FOR DOCUMENTS.-None 4 of the funds appropriated or made available pursuant to 5 titles III through VI of this Act shall be available to a 6 nongovernmental organization, including any contractor, 7 which fails to provide upon timely request any document, 8 file, or record necessary to the auditing requirements of 9 the Department of State and the United States Agency 10 for International Development. 11 (b) RECORDS MANAGEMENT AND RELATED 12 CYBERSECURITY PROTECTIONS.- 13 (1) LIMITATION.-None of the funds appro- 14 priated by this Act under the headings "Diplomatic 15 Programs" and "Capital Investment Fund" in title 16 I, and "Operating Expenses" and "Capital Invest- 17 ment Fund" in title II that are made available to 18 the Department of State and USAID may be made 19 available to support the use or establishment of 20 email accounts or email servers created outside the 21 .gov domain or not fitted for automated records 22 management as part of a :B'ederal government 23 records management program in contravention of 24 the Presidential and Federal Records Act Amend- 25 ments of 2014 (Public Law 113-187). February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 100 1 2 (2) DIRECTIVES.-The Secretary of State and USAID Administrator shall- 3 (A) regularly review and update the poli- 4 cies, directives, and oversight necessary to com- 5 ply with Federal statutes, regulations, and pres- 6 idential executive orders and memoranda con- 7 cerning the preservation of all records made or 8 received in the conduct of official business, in- 9 eluding record emails, instant messaging, and 10 other online tools; 11 (B) use funds appropriated by this Act 12 under the headings "Diplomatic Programs" and 13 "Capital Investment Fund" in title I, and "Op- 14 erating Expenses" and "Capital Investment 15 Fund" in title II, as appropriate, to improve 16 Federal records management pursuant to the 17 Federal Records Act (44 U.S.C. Chapters 21, 18 29, 31, and 33) and other applicable Federal 19 records management statutes, regulations, or 20 policies for the Department of State and 21 USAID; 22 (C) direct departing employees that all 23 Federal records generated by such employees, 24 including senior officials, belong to the Federal 25 Government; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 101 1 (D) improve the response time for identi- 2 fying and retrieving Federal records, including 3 requests made pursuant to section 552 of title 4 5, United States Code (commonly known as the 5 "Freedom of Information Act"); and 6 (E) strengthen cyber security measures to 7 mitigate vulnerabilities, including those result- 8 ing from the use of personal email accounts or 9 servers outside the .gov domain, improve the 10 process to identify and remove inactive user ac- 11 counts, update and enforce guidance related to 12 the control of national security information, and 13 implement the recommendations of the applica- 14 ble reports of the cognizant Office of Inspector 15 General. 16 USE OF FUNDS IN CONTRAVENTION OF THIS ACT 17 SEC. 7017. If the President makes a determination 18 not to comply with any provision of this Act on constitu19 tional grounds, the head of the relevant Federal agency 20 shall notify the Committees on Appropriations in writing 21 within 5 days of such determination, the basis for such 22 determination and any resulting changes to program and 23 policy. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 102 1 PROHIBITION ON FUNDING FOR ABORTIONS AND 2 INVOLUNTARY STERILIZATION 3 SEC. 7018. None of the funds made available to carry 4 out part I of the Foreign Assistance Act of 1961, as 5 amended, may be used to pay for the performance of abor6 tions as a method of family planning or to motivate or 7 coerce any person to practice abortions. None of the funds 8 made available to carry out part I of the Foreign Assist9 ance Act of 1961, as amended, may be used to pay for 10 the performance of involuntary sterilization as a method 11 of family planning or to coerce or provide any financial 12 incentive to any person to undergo sterilizations. None of 13 the funds made available to carry out part I of the Foreign 14 Assistance Act of 1961, as amended, may be used to pay 15 for any biomedical research which relates in whole or in 16 part, to methods of, or the performance of, abortions or 17 involuntary sterilization as a means of family planning. 18 None of the funds made available to carry out part I of 19 the Foreign Assistance Act of 19 61, as amended, may be 20 obligated or expended for any country or organization if 21 the President certifies that the use of these funds by any 22 such country or organization would violate any of the 23 above provisions related to abortions and involuntary steri24 lizations. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 103 1 2 ALLOCATIONS AND REPORTS SEC. 7019. (a) ALLOCATION TABLES.-Subject to 3 subsection (b), funds appropriated by this Act under titles 4 III through V shall be made available in the amounts spe- 5 cifically designated in the respective tables included in the 6 joint explanatory statement accompanying this Act: Pro7 vided, That such designated amounts for foreign countries 8 and international organizations shall serve as the amounts 9 for such countries and international organizations trans- l O mitted to Congress in the report required by section 11 6 5 3 (a) of the Foreign Assistance Act of 19 61. 12 (b) AUTHORIZED DEVIA_TIONS.-Unless otherwise 13 provided for by this Act, the Secretary of State and the 14 Administrator of the United States Agency for Inter15 national Development, as applicable, may only deviate up 16 to 10 percent from the amounts specifically designated in 17 the respective tables included in the joint explanatory 18 statement accompanying this Act: Provided, That such 19 percentage may be exceeded only if the Secretary of State 20 and USAID Administrator, as applicable, determines and 21 reports to the Committees on Appropriations on a case22 by-case basis that such deviation is necessary to respond 23 to significant, exigent, or unforeseen events or to address 24 other exceptional circumstances directly related to the na25 tional security interest of the United States: Provided fur- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 104 1 ther, That deviations pursuant to the previous proviso 2 shall be subject to prior consultation with, and the regular 3 notification procedures of, the Committees on Appropria4 tions. 5 (c) LIMITATION .-For specifically designated 6 amounts that are included, pursuant to subsection (a), in 7 the report required by section 653(a) of the Foreign As8 sistance Act of 1961, no deviations authorized by sub9 section (b) may take place until submission of such report. 10 (d) EXCEPTIONS.- 11 (1) Subsections (a) and (b) shall not apply to- 12 (A) amounts designated for "International 13 Military Education and Training" in the re- 14 spective tables included in the joint explanatory 15 statement accompanying this Act; 16 17 18 19 (B) funds for which the initial period of availability has expired; (C) amounts designated by this Act as minimum funding requirements; and 20 (D) funds made available for a country 21 pursuant to sections 7043(c), 7047(d), and 22 7071(b) of this Act. 23 (2) The authority in subsection (b) to deviate 24 below amounts designated in the respective tables in- 25 eluded in the joint explanatory statement accom- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 105 1 parrying this Act shall not apply to the table in- 2 eluded under the heading "Global Health Programs" 3 in such explanatory statement. 4 (3) With respect to the amounts designated for 5 "Global Programs" in the table under the heading 6 "Economic Support Fund" included in the joint ex- 7 planatory statement accompanying this Act, sub- 8 section (b) shall be applied by substituting "5 per- 9 cent" for "10 percent". 10 (e) REPORTS.-The Secretary of State and the 11 USAID Administrator, as appropriate, shall submit the 12 reports required, in the manner described, in House Re13 port 115-829, Senate Report 115-282, and the joint ex14 planatory statement accompanying this Act, unless di15 rected otherwise in such explanatory statement. 16 17 REPRESENTA'fION AND ENTERTAINMENT EXPENSES SEC. 7020. (a) USES OF FUNDS.-Each Federal de- 18 partment, agency, or entity funded in titles I or II of this 19 Act, and the Department of the Treasury and independent 20 agencies funded in titles III or VI of this Act, shall take 21 steps to ensure that domestic and overseas representation 22 and entertainment expenses further official agency busi23 ness and United States foreign policy interests, and24 25 February 9, 2019 (2:13 p.m.) (1) are primarily for fostering relations outside of the Executive Branch; SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 106 1 (2) are principally for meals and events of a 2 protocol nature; 3 (3) are not for employee-only events; and 4 (4) do not include activities that are substan- 5 tially of a recreational character. 6 (b) Lil\IITATIONS.-None of the funds appropriated 7 or otherwise made available by this Act under the head- 8 ings "International Military Education and Training" or 9 "Foreign Military Financing Program" for Informational 10 Program activities or under the headings "Global Health 11 Programs", "Development Assistance", "Economic Sup12 port Fund", and "Assistance for Europe, Eurasia and 13 Central Asia" may be obligated or expended to pay for14 (1) alcoholic beverages; or 15 (2) entertainment expenses for activities that 16 are substantially of a recreational character, includ- 17 ing entrance fees at sporting events, theatrical and 18 musical productions, and amusement parks. 19 PROHIBI1'ION ON ASSISTANCE TO GOVERNMENTS 20 SUPPORTING INTERNATIONAL TERRORIS1\I 21 22 SEC. 7021. (a) LETHAL MILITARY EQUIPl\IENT ExPORTS.- 23 (1) PROHIBITION.-None of the funds appro- 24 priated or otherwise made available under titles III 25 through VI of this Act may be made available to any February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xrnl SEN. APPRO. 107 1 foreign government which provides lethal military 2 equipment to a country the government of which the 3 Secretary of State has determined supports inter- 4 national terrorism for purposes of section 6(j) of the 5 Export Administration Act of 1979 as continued in 6 effect pursuant to the International Emergency Eco- 7 nomic Powers Act: Provided, That the prohibition 8 under this section with respect to a foreign govern- 9 ment shall terminate 12 months after that govern- 10 ment ceases to provide such military equipment: 11 Provided further, That this section applies with re- 12 spect to lethal military equipment provided under a 13 contract entered into after October 1, 1997. 14 (2) DETERMINATION.-Assistance restricted by 15 paragraph (1) or any other similar provision of law, 16 may be furnished if the President determines that to 17 do so is important to the national interest of the 18 United States. 19 (3) REPORT.-Whenever the President makes a 20 determination pursuant to paragraph (2), the Presi- 21 dent shall submit to the Committees on Appropria- 22 tions a report with respect to the furnishing of such 23 assistance, including a detailed explanation of the 24 assistance to be provided, the estimated dollar 25 amount of such assistance, and an explanation of February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 108 1 how the assistance furthers United States national 2 interest. 3 (b) BIL.ATER.AL ASSIST.ANCE.- 4 (1) LIMITATIONS.-Funds appropriated for bi- 5 lateral assistance in titles III through VI of this Act 6 and funds appropriated under any such title in prior 7 Acts making appropriations for the Department of 8 State, foreign operations, and related programs, 9 shall not be made available to any foreign govern- 10 ment which the President determines- 11 (A) grants sanctuary from prosecution to 12 any individual or group which has committed 13 an act of international terrorism; 14 15 (B) otherwise supports international terrorism; or 16 (C) is controlled by an organization des- 17 ignated as a terrorist organization under sec- 18 tion 219 of the Immigration and Nationality 19 Act (8 U.S.C. 1189). 20 (2) W.AIVER.-The President may waive the ap- 21 plication of paragraph (1) to a government if the 22 President determines that national security or hu- 23 manitarian reasons justify such waiver: Provided, 24 That the President shall publish each such waiver in 25 the Federal Register and, at least 15 days before the February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 109 1 waiver takes effect, shall notify the Committees on 2 Appropriations of the waiver (including the justifica- 3 tion for the waiver) in accordance with the regular 4 notification procedures of the Committees on Appro- 5 priations. 6 7 AUTHORIZATION REQUIREMENTS SEC. 7022. Funds appropriated by this Act, except 8 funds appropriated under the heading "Trade and Devel9 opment Agency", may be obligated and expended notwith- 10 standing section 10 of Public Law 91-672 (22 U.S.C. 11 2412), section 15 of the State Department Basic Authori12 ties Act of 1956 (22 U.S.C. 2680), section 313 of the For13 eign Relations Authorization Act, Fiscal Years 1994 and 14 1995 (22 U.S.C. 6212), and section 504(a)(l) of the Na15 tional Security Act of 1947 (50 U.S.C. 3094(a)(l)). 16 17 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY SEC. 7023. For the purpose of titles II through VI 18 of this Act "program, project, and activity" shall be de- 19 fined at the appropriations Act account level and shall in20 elude all appropriations and authorizations Acts funding 21 directives, ceilings, and limitations with the exception that 22 for the following accounts: "Economic Support Fund", 23 "Assistance for Europe, Eurasia and Central Asia", and 24 "Foreign Military Financing Program", "program, 25 project, and activity" shall also be considered to include February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 110 1 country, regional, and central program level funding with2 in each such account; and for the development assistance 3 accounts of the United States Agency for International 4 Development, "program, project, and activity" shall also 5 be considered to include central, country, regional, and 6 program level funding, either as- 7 ( 1) justified to Congress; or 8 (2) allocated by the Executive Branch in ac- 9 cordance with a report, to be provided to the Com- 10 mittees on Appropriations within 30 days after en- 11 actment of this Act, as required by section 653(a) 12 of the Foreign Assistance Act of 1961 or as modi- 13 fied pursuant to section 7019 of this Act. 14 AUTHORITIES FOR THE PEACE CORPS, INTER-MIERIGAN 15 FOUNDATION .AND UNITED STATES .AFRICAN DEVEL- 16 OPMENT FOUNDATION 17 SEC. 7024. Unless expressly provided to the contrary, 18 provisions of this or any other Act, including provisions 19 contained in prior Acts authorizing or making appropria20 tions for the Department of State, foreign operations, and 21 related programs, shall not be construed to prohibit activi22 ties authorized by or conducted under the Peace Corps 23 Act, the Inter-American Foundation Act or the African 24 Development Foundation Act: Provided, That prior to con25 ducting activities in a country for which assistance is pro- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 111 1 hibited, the agency shall consult with the Committees on 2 Appropriations and report to such Committees within 15 3 days of taking such action. 4 COMMERCE, TRADE AND SURPLUS COMMODITIES 5 SEC. 7025. (a) WORLD MARKETS.-None of the 6 funds appropriated or made available pursuant to titles 7 III through VI of this Act for direct assistance and none 8 of the funds otherwise made available to the Export-Im9 port Bank and the Overseas Private Investment Corpora- l O tion shall be obligated or expended to finance any loan, 11 any assistance, or any other financial commitments for es- 12 tablishing or expanding production of any commodity for 13 export by any country other than the United States, if 14 the commodity is likely to be in surplus on world markets 15 at the time the resulting productive capacity is expected 16 to become operative and if the assistance will cause sub- 17 stantial injury to United States producers of the same, 18 similar, or competing commodity: Provided, That such 19 prohibition shall not apply to the Export-Import Bank if 20 in the judgment of its Board of Directors the benefits to 21 industry and employment in the United States are likely 22 to outweigh the injury to United States producers of the 23 same, similar, or competing commodity, and the Chairman 24 of the Board so notifies the Committees on Appropria- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 112 1 tions: Provided further, That this subsection shall not pro- 2 hibit3 (1) activities in a country that is eligible for as- 4 sistance from the International Development Asso- 5 ciation, is not eligible for assistance from the Inter- 6 national Bank for Reconstruction and Development, 7 and does not export on a consistent basis the agri- 8 cultural commodity with respect to which assistance 9 is furnished; or 10 (2) activities in a country the President deter- 11 mines is recovering from widespread conflict, a hu- 12 manitarian crisis, or a complex emergency. 13 (b) EXPORTS.-None of the funds appropriated by 14 this or any other Act to carry out chapter 1 of part I 15 of the Foreign Assistance Act of 19 61 shall be available 16 for any testing or breeding feasibility study, variety im17 provement or introduction, consultancy, publication, con- 18 ference, or training in connection with the growth or pro19 duction in a foreign country of an agricultural commodity 20 for export which would compete with a similar commodity 21 grown or produced in the United States: Provided, That 22 this subsection shall not prohibit23 (1) activities designed to increase food security 24 in developing countries where such activities will not February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 113 1 have a significant impact on the export of agricul- 2 tural commodities of the United States; 3 4 (2) research activities intended primarily to benefit United States producers; 5 (3) activities in a country that is eligible for as- 6 sistance from the International Development Asso- 7 ciation, is not eligible for assistance from the Inter- 8 national Bank for Reconstruction and Development, 9 and does not export on a consistent basis the agri- 10 cultural commodity with respect to which assistance 11 is furnished; or 12 (4) activities in a country the President deter- 13 mines is recovering from widespread conflict, a hu- 14 manitarian crisis, or a complex emergency. 15 (c) INTERNATIONAL FINANCIAL INSTITUTIONS.- 16 The Secretary of the Treasury shall instruct the United 17 States executive directors of the international financial in18 stitutions to use the voice and vote of the United States 19 to oppose any assistance by such institutions, using funds 20 appropriated or made available by this Act, for the produc21 tion or extraction of any commodity or mineral for export, 22 if it is in surplus on world markets and if the assistance 23 will cause substantial injury to United States producers 24 of the same, similar, or competing commodity. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 114 1 2 SEPARATE ACCOUNrrs SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL 3 CURRENCIES.4 (1) AGREEMENTS.-If assistance is furnished to 5 the government of a foreign country under chapters 6 1 and 10 of part I or chapter 4 of part II of the 7 Foreign Assistance Act of 1961 under agreements 8 which result in the generation of local currencies of 9 that country, the Administrator of the United States 10 Agency for International Development shall- 11 (A) require that local currencies be depos- 12 ited in a separate account established by that 13 government; 14 15 (B) enter into an agreement with that government which sets forth- 16 17 (i) the amount of the local currencies to be generated; and 18 (ii) the terms and conditions under 19 which the currencies so deposited may be 20 utilized, consistent with this section; and 21 (C) establish by agreement with that gov- 22 ernment the responsibilities of USAID and that 23 government to monitor and account for deposits 24 into and disbursements from the separate ac- 25 count. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 115 1 (2) USES OF LOCAL CURRENCIES.-As may be 2 agreed upon with the foreign government, local cur- 3 rencies deposited in a separate account pursuant to 4 subsection (a), or an equivalent amount of local cur- 5 rencies, shall be used only- 6 (A) to carry out chapter 1 or 10 of part 7 I or chapter 4 of part II of the Foreign Assist- 8 ance Act of 1961 (as the case may be), for such 9 purposes as- 10 (i) project and sector assistance activi- 11 ties; or 12 (ii) debt and deficit financing; or 13 (B) for the administrative requirements of 14 the United States Government. 15 (3) PROGRAMl\IING ACCOUNTABILITY.-USAID 16 shall take all necessary steps to ensure that the 17 equivalent of the local currencies disbursed pursuant 18 to subsection (a)(2)(A) from the separate account 19 established pursuant to subsection (a)(l) are used 20 for the purposes agreed upon pursuant to subsection 21 (a)(2). 22 (4) TERMINATION OF ASSISTANCE PR0- 23 GRAMS.-Upon termination of assistance to a coun- 24 try under chapter 1 or 10 of part I or chapter 4 of 25 part II of the Foreign Assistance Act of 19 61 (as February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 116 1 the case may be), any unencumbered balances of 2 funds which remain in a separate account estab- 3 lished pursuant to subsection (a) shall be disposed of 4 for such purposes as may be agreed to by the gov- 5 ernment of that country and the United States Gov- 6 ernment. 7 (5) REPORT.-The USAID Administrator shall 8 report as part of the congressional budget justifica- 9 tion submitted to the Committees on Appropriations 10 on the use of local currencies for the administrative 11 requirements of the United States Government as 12 authorized in subsection (a)(2)(B), and such report 13 shall include the amount of local currency (and 14 United States dollar equivalent) used or to be used 15 for such purpose in each applicable country. 16 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.- 17 (1) IN GENERAL.-If assistance is made avail- 18 able to the government of a foreign country, under 19 chapter 1 or 10 of part I or chapter 4 of part II of 20 the Foreign Assistance Act of 19 61, as cash transfer 21 assistance or as nonproject sector assistance, that 22 country shall be required to maintain such funds in 23 a separate account and not commingle with any 24 other funds. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 117 1 (2) APPLICABILITY OF OTHER PROVISIONS OF 2 LAw.-Such funds may be obligated and expended 3 notwithstanding provisions of law which are incon- 4 sistent with the nature of this assistance including 5 provisions which are referenced in the Joint Explan- 6 atory Statement of the Committee of Conference ac- 7 companying House Joint Resolution 648 (House Re- 8 port No. 98-1159). 9 (3) NOTIFICA.TION.-At least 15 days prior to 10 obligating any such cash transfer or nonproject sec- 11 tor assistance, the President shall submit a notifica- 12 tion through the regular notification procedures of 13 the Committees on Appropriations, which shall in- 14 elude a detailed description of how the funds pro- 15 posed to be made available will be used, with a dis- 16 cussion of the United States interests that will be 17 served by such assistance (including, as appropriate, 18 a description of the economic policy reforms that will 19 be promoted by such assistance). 20 (4) EXEMPTION.-Nonproject sector assistance 21 funds may be exempt from the requirements of para- 22 graph (1) only through the regular notification pro- 23 cedures of the Committees on Appropriations. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 118 1 2 ELIGIBILITY FOR ASSISTANCE SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN- 3 J\IENT.A.L ORGANIZATIONS.-Restrictions contained in this 4 or any other Act with respect to assistance for a country 5 shall not be construed to restrict assistance in support of 6 programs of nongovernmental organizations from funds 7 appropriated by this Act to carry out the provisions of 8 chapters 1, 10, 11, and 12 of part I and chapter 4 of 9 part II of the Foreign Assistance Act of 1961 and from 10 funds appropriated under the heading "Assistance for Eu- 11 rope, Eurasia and Central Asia": Provided, That before 12 using the authority of this subsection to furnish assistance 13 in support of programs of nongovernmental organizations, 14 the President shall notify the Committees on Appropria15 tions pursuant to the regular notification procedures, in- 16 eluding a description of the program to be assisted, the 17 assistance to be provided, and the reasons for furnishing 18 such assistance: Provided further, That nothing in this 19 subsection shall be construed to alter any existing statu20 tory prohibitions against abortion or involuntary steriliza21 tions contained in this or any other Act. 22 (b) PUBLIC LAW 480.-During fiscal year 2019, re- 23 strictions contained in this or any other Act with respect 24 to assistance for a country shall not be construed to re25 strict assistance under the Food for Peace Act (Public February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 119 1 Law 83-480; 7 U.S.C. 1721 et seq.): Provided, That none 2 of the funds appropriated to carry out title I of such Act 3 and made available pursuant to this subsection may be 4 obligated or expended except as provided through the reg5 ular notification procedures of the Committees on Appro6 priations. 7 (c) EXCEPTION.-This section shall not apply- 8 (1) with respect to section 620A of the Foreign 9 Assistance Act of 19 61 or any comparable provision 10 of law prohibiting assistance to countries that sup- 11 port international terrorism; or 12 (2) with respect to section 116 of the Foreign 13 Assistance Act of 19 61 or any comparable provision 14 of law prohibiting assistance to the government of a 15 country that violates 16 human rights. 17 18 internationally recognized LOCAL COMPETITION SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO 19 COMPETITION FOR LOCAL ENTITIES.-Funds appro20 priated by this Act that are made available to the United 21 States Agency for International Development may only be 22 made available for limited competitions through local enti23 ties if24 25 February 9, 2019 (2:13 p.m.) (1) prior to the determination to limit competition to local entities, USAID has- U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 120 1 (A) assessed the level of local capacity to 2 effectively implement, manage, and account for 3 programs included in such competition; and 4 (B) documented the written results of the 5 assessment and decisions made; and 6 (2) prior to making an award after limiting 7 competition to local entities- 8 (A) each successful local entity has been 9 determined to be responsible in accordance with 10 USAID guidelines; and 11 (B) effective monitoring and evaluation 12 systems are in place to ensure that award fund- 13 ing is used for its intended purposes; and 14 (3) no level of acceptable fraud is assumed. 15 (b) REPORT.-In addition to the requirements of sub- 16 section (a)(l), the USAID Administrator shall report to 17 the appropriate congressional committees not later than 18 45 days after the end of fiscal year 2019 on all awards 19 subject to limited or no competition for local entities: Pro20 vided, That such report shall be posted on the USAID 21 website: Provided further, That the requirements of this 22 subsection shall only apply to awards in excess of 23 $3,000,000 and sole source awards to local entities in ex24 cess of $2,000,000. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 121 1 (c) EXTENSION OF PROCUREMENT AUTHORITY.- 2 Section 7077 of the Department of State, Foreign Oper3 ations, and Related Programs Appropriations Act, 2012 4 (division I of Public Law 112-74) shall continue in effect 5 during fiscal year 2019. 6 7 INTERNATION~U, FINANCLU, INSTITUTIONS SEC. 7029. (a) EVALUATIONS AND REPORT.-The 8 Secretary of the Treasury shall instruct the United States 9 executive director of each international financial institu10 tion to seek to require that such institution adopts and 11 implements a publicly available policy, including the stra- 12 tegic use of peer reviews and external experts, to conduct 13 independent, in-depth evaluations of the effectiveness of 14 at least 25 percent of all loans, grants, programs, and sig15 nificant analytical non-lending activities in advancing the 16 institution's goals of reducing poverty and promoting equi17 table economic growth, consistent with relevant safe18 guards, to ensure that decisions to support such loans, 19 grants, programs, and activities are based on accurate 20 data and objective analysis: Provided, That not later than 21 45 days after enactment of this Act, the Secretary shall 22 submit a report to the Committees on Appropriations on 23 steps taken in fiscal year 2018 by the United States execu24 tive directors and the international financial institutions February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 122 1 consistent with this subsection compared to the previous 2 fiscal year. 3 (b) S.AFEGUARDS.- 4 (1) The Secretary of the Treasury shall instruct 5 the United States Executive Director of the Inter- 6 national Bank for Reconstruction and Development 7 and the International Development Association to 8 vote against any loan, grant, policy, or strategy if 9 such institution has adopted and is implementing 10 any social or environmental safeguard relevant to 11 such loan, grant, policy, or strategy that provides 12 less protection than World Bank safeguards in effect 13 on September 30, 2015. 14 (2) The Secretary of the Treasury should in- 15 struct the United States executive director of each 16 international financial institution to vote against 17 loans or other financing for projects unless such 18 projects- 19 (A) provide for accountability and trans- 20 parency, including the collection, verification 21 and publication of beneficial ownership informa- 22 tion related to extractive industries and on-site 23 monitoring during the life of the project; 24 (B) will be developed and carried out in ac- 25 cordance with best practices regarding environ- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 123 1 mental conservation; cultural protection; and 2 empowerment of local populations, including 3 free, prior and informed consent of affected in- 4 digenous communities; 5 (C) do not provide incentives for, or facili- 6 tate, forced displacement; and 7 (D) do not partner with or otherwise in- 8 volve enterprises owned or controlled by the 9 armed forces. 10 (c) COMPENSATION.-None of the funds appro- 11 priated under title V of this Act may be made as payment 12 to any international financial institution while the United 13 States executive director to such institution is com14 pensated by the institution at a rate which, together with 15 whatever compensation such executive director receives 16 from the United States, is in excess of the rate provided 17 for an individual occupying a position at level IV of the 18 Executive Schedule under section 5315 of title 5, United 19 States Code, or while any alternate United States execu- 20 tive director to such institution is compensated by the in- 21 stitution at a rate in excess of the rate provided for an 22 individual occupying a position at level V of the Executive 23 Schedule under section 5316 of title 5, United States 24 Code. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 124 1 (d) HUl\IAN RIGHTS.-The Secretary of the Treasury 2 shall instruct the United States executive director of each 3 international financial institution to promote human 4 rights due diligence and risk management, as appropriate, 5 in connection with any loan, grant, policy, or strategy of 6 such institution in accordance with the criteria specified 7 under this subsection in Senate Report 115-282: Pro- 8 vided, That prior to voting on any such loan, grant, policy, 9 or strategy the executive director shall consult with the 10 Assistant Secretary for Democracy, Human Rights, and 11 Labor, Department of State, if the executive director has 12 reason to believe that such loan, grant, policy, or strategy 13 could result in forced displacement or other violation of 14 human rights. 15 (e) FRAUD AND CORRUPTION.-The Secretary of the 16 Treasury shall instruct the United States executive direc17 tor of each international financial institution to promote 18 in loan, grant, and other financing agreements improve19 ments in borrowing countries' financial management and 20 judicial capacity to investigate, prosecute, and punish 21 fraud and corruption. 22 (f) BENEFICIAL OWNERSHIP lNFORMATION.-The 23 Secretary of the Treasury shall instruct the United States 24 executive director of each international financial institu25 tion to seek to require that such institution collects, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xrnl 125 1 verifies, and publishes, to the maximum extent practicable, 2 beneficial ownership information (excluding proprietary 3 information) for any corporation or limited liability com4 pany, other than a publicly listed company, that receives 5 funds from any such financial institution: Provided, That 6 not later than 45 days after enactment of this Act, the 7 Secretary shall submit a report to the Committees on Ap8 propriations on steps taken in fiscal year 2018 by the 9 United States executive directors and the international fi10 nancial institutions consistent with this subsection com- 11 pared to the previous fiscal year. 12 (g) WHISTLEBLOWER PROTECTIONS.-The Secretary 13 of the Treasury shall instruct the United States executive 14 director of each international financial institution to seek 15 to require that each such institution is effectively imple16 menting and enforcing policies and procedures which re17 fleet best practices for the protection of whistleblowers 18 from retaliation, including best practices for(1) protection against retaliation for internal 19 20 and lawful public disclosure; 21 (2) legal burdens of proof; 22 (3) statutes of limitation for reporting retalia- 23 24 25 February 9, 2019 (2:13 p.m.) tion; (4) access to independent adjudicative bodies, including external arbitration; and SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 126 1 (5) results that eliminate the effects of proven retaliation. 2 3 DEBT-FOR-DE'\"'ELOPl\IENT 4 SEC. 7030. In order to enhance the continued partici- 5 pation of nongovernmental organizations in debt-for-devel6 opment and debt-for-nature exchanges, a nongovern7 mental organization which is a grantee or contractor of 8 the United States Agency for International Development 9 may place in interest bearing accounts local currencies 10 which accrue to that organization as a result of economic 11 assistance provided under title III of this Act and, subject 12 to the regular notification procedures of the Committees 13 on Appropriations, any interest earned on such investment 14 shall be used for the purpose for which the assistance was 15 provided to that organization. 16 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY 17 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN- 18 l\IENT-TO-GOVERNMENT ASSIST.AN CE.19 (1) REQUIREMENTS.-Funds appropriated by 20 this Act may be made available for direct govern- 21 ment-to-government assistance only if- 22 (A)(i) each implementing agency or mm- 23 istry to receive assistance has been assessed 24 and is considered to have the systems required 25 to manage such assistance and any identified February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 127 1 vulnerabilities or weaknesses of such agency or 2 ministry have been addressed; 3 (ii) the recipient agency or ministry em- 4 ploys and utilizes staff with the necessary tech- 5 nical, financial, and management capabilities; 6 (iii) the recipient agency or ministry has 7 adopted competitive procurement policies and 8 systems; 9 (iv) effective monitoring and evaluation 10 systems are in place to ensure that such assist- 11 ance is used for its intended purposes; (v) no level of acceptable fraud is assumed; 12 13 and 14 (vi) the government of the recipient coun- 15 try is taking steps to publicly disclose on an an- 16 nual basis its national budget, to include in- 17 come and expenditures; 18 (B) the recipient government is in compli- 19 ance with the principles set forth in section 20 7013 of this Act; 21 (C) the recipient agency or ministry is not 22 headed or controlled by an organization des- 23 ignated as a foreign terrorist organization 24 under section 219 of the Immigration and Na- 25 tionality Act (8 U.S.C. 1189); February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 128 1 (D) the Government of the United States 2 and the government of the recipient country 3 have agreed, in writing, on clear and achievable 4 objectives for the use of such assistance, which 5 should be made available on a cost-reimbursable 6 basis; and 7 (E) the recipient government is taking 8 steps to protect the rights of civil society, in- 9 eluding freedoms of expression, association, and 10 assembly. 11 (2) CONSULTATION AND NOTIFICATION.-ln 12 addition to the requirements in paragraph (1), no 13 funds may be made available for direct government- 14 to-government assistance without prior consultation 15 with, and notification of, the Committees on Appro- 16 priations: Provided, That such notification shall con- 17 tain an explanation of how the proposed activity 18 meets the requirements of paragraph ( 1): Provided 19 further, That the requirements of this paragraph 20 shall only apply to direct government-to-government 21 assistance in excess of $10,000,000 and all funds 22 available for cash transfer, budget support, and cash 23 payments to individuals. 24 (3) SUSPENSION OF ASSISTANCE.-The Admin- 25 istrator of the United States Agency for Inter- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xrnl SEN. APPRO. 129 1 national Development or the Secretary of State, as 2 appropriate, shall suspend any direct government-to- 3 government assistance if the Administrator or the 4 Secretary has credible information of material mis- 5 use of such assistance, unless the Administrator or 6 the Secretary reports to the Committees on Appro- 7 priations that it is in the national interest of the 8 United States to continue such assistance, including 9 a justification, or that such misuse has been appro- 10 priately addressed. 11 ( 4) SUBMISSION OF INFDRMATION.-The Sec- 12 retary of State shall submit to the Committees on 13 Appropriations, concurrent with the fiscal year 2020 14 congressional budget justification materials, amounts 15 planned for assistance described in paragraph (1) by 16 country, proposed funding amount, source of funds, 17 and type of assistance. 18 (5) REPORT.-Not later than 90 days after en- 19 actment of this Act and every 6 months thereafter 20 until September 30, 2020, the USAID Adminis- 21 trator shall submit to the Committees on Appropria- 22 tions a report that- 23 (A) details all assistance described in para- 24 graph (1) provided during the previous 6-month February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONI<~\DivF-SFOPS.xml 130 1 period by country, funding amount, source of 2 funds, and type of such assistance; and 3 (B) the type of procurement instrument or 4 mechanism utilized and whether the assistance 5 was provided on a reimbursable basis. 6 (6) DEBT SERVICE PAYMENT PROHIBITION.- 7 None of the funds made available by this Act may 8 be used by the government of any foreign country 9 for debt service payments owed by any country to 10 any international financial institution. 11 (b) NATION.AL BUDGET AND CONTRACT TR.ANS- 12 P.ARENCY.- 13 (1) MINIMUM REQUIREMENTS OF FISCAL 14 TRANSPARENCY.-The Secretary of State shall con- 15 tinue to update and strengthen the "minimum re- 16 quirements of fiscal transparency'' for each govern- 17 ment receiving assistance appropriated by this Act, 18 as identified in the report required by section 19 7031(b) of the Department of State, Foreign Oper- 20 ations, and Related Programs Appropriations Act, 21 2014 (division K of Public Law 113-76). 22 (2) DEFINITION.-For purposes of paragraph 23 (1), "minimum requirements of fiscal transparency" 24 are requirements consistent with those in subsection 25 (a)(l), and the public disclosure of national budget February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 131 1 documentation (to include receipts and expenditures 2 by ministry) and government contracts and licenses 3 for natural resource extraction (to include bidding 4 and concession allocation practices). 5 (3) DETERMINATION AND REPORT.-For each 6 government identified pursuant to paragraph ( 1), 7 the Secretary of State, not later than 180 days after 8 enactment of this Act, shall make or update any de- 9 termination of "significant progress" or "no signifi- 10 cant progress" in meeting the minimum require- 11 ments of fiscal transparency, and make such deter- 12 minations publicly available in an annual "Fiscal 13 Transparency Report" to be posted on the Depart- 14 ment of State website: Provided, That the Secretary 15 shall identify the significant progress made by each 16 such government to publicly disclose national budget 17 documentation, contracts, and licenses which are ad- 18 ditional to such information disclosed in previous fis- 19 cal years, and include specific recommendations of 20 short- and long-term steps such government should 21 take to improve fiscal transparency: Provided fur- 22 ther, That the annual report shall include a detailed 23 description of how funds appropriated by this Act 24 are being used to improve fiscal transparency, and 25 identify benchmarks for measuring progress. February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 132 1 (4) AsSISTANCE.-Funds appropriated under 2 title III of this Act shall be made available for pro- 3 grams and activities to assist governments identified 4 pursuant to paragraph (1) to improve budget trans- 5 parency and to support civil society organizations in 6 such countries that promote budget transparency: 7 Provided, That such sums shall be in addition to 8 funds otherwise available for such purposes: Pro- 9 vided further, That a description of the uses of such 10 funds shall be included in the annual "Fiscal Trans- 11 parency Report" required by paragraph (3). 12 (c) .ANTI-KLEPTOCRA.CY AND HUl\!IAN RIGHTS.- 13 (1) lNELIGIBILITY.- 14 (A) Officials of foreign governments and 15 their immediate family members about whom 16 the Secretary of State has credible information 17 have been involved in significant corruption, in- 18 eluding corruption related to the extraction of 19 natural resources, or a gross violation of human 20 rights shall be ineligible for entry into the 21 United States. 22 (B) The Secretary shall also publicly or 23 privately designate or identify officials of for- 24 eign governments and their immediate family 25 members about whom the Secretary has such February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 133 1 credible information without regard to whether 2 the individual has applied for a visa. 3 (2) EXCEPTION.-Individuals shall not be ineli- 4 gible if entry into the United States would further 5 important United States law enforcement objectives 6 or is necessary to permit the United States to fulfill 7 its obligations under the United Nations Head- 8 quarters Agreement: Provided, That nothing .in 9 paragraph ( 1) shall be construed to derogate from 10 United States Government obligations under applica- 11 ble international agreements. 12 (3) WAIVER.-The Secretary may waive the ap- 13 plication of paragraph (1) if the Secretary deter- 14 mines that the waiver would serve a compelling na- 15 tional interest or that the circumstances which 16 caused the individual to be ineligible have changed 17 sufficiently. 18 (4) REPORT.-Not later than 6 months after 19 enactment of this Act, the Secretary of State shall 20 submit a report, including a classified annex if nec- 21 essary, to the Committees on Appropriations and the 22 Committees on the Judiciary describing the informa- 23 tion related to corruption or violation of human 24 rights concerning each of the individuals found ineli- 25 gible in the previous 12 months pursuant to para- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 134 1 graph (1) (A) as well as the individuals who the Sec- 2 retary designated or identified pursuant to para- 3 graph (l)(B), or who would be ineligible but for the 4 application of paragraph (2), a list of any waivers 5 provided under paragraph (3), and the justification 6 for each waiver. 7 (5) POSTING OF REPORT .-Any unclassified 8 portion of the report required under paragraph (4) 9 shall be posted on the Department of State website. 10 (6) CLARIFICATION.-For purposes of para- 11 graphs (l)(B), (4), and (5), the records of the De- 12 partment of State and of diplomatic and consular of- 13 fices of the United States pertaining to the issuance 14 or refusal of visas or permits to enter the United 15 States shall not be considered confidential. 16 (d) EXTRACTION OF NATURAL RESOURCES.- 17 (1) AssISTANCE.-Funds appropriated by this 18 Act shall be made available to promote and support 19 transparency and accountability of expenditures and 20 revenues related to the extraction of natural re- 21 sources, including by strengthening implementation 22 and monitoring of the Extractive Industries Trans- 23 parency Initiative, implementing and enforcing sec- 24 tion 8204 of the Food, Conservation, and Energy 25 Act of 2008 (Public Law 110-246; 122 Stat. 2052) February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 135 1 and the amendments made by such section, and to 2 prevent the sale of conflict diamonds, and provide 3 technical assistance to promote independent audit 4 mechanisms and support civil society participation in 5 natural resource management. 6 (2) UNITED STATES POLICY.- 7 (A) The Secretary of the Treasury shall in- 8 form the management of the international fi- 9 nancial institutions, and post on the Depart- 10 ment of the Treasury website, that it is the pol- 11 icy of the United States to vote against any as- 12 sistance by such institutions (including any 13 loan, credit, grant, or guarantee) to any coun- 14 try for the extraction and export of a natural 15 resource if the government of such country has 16 in place laws, regulations, or procedures to pre- 17 vent or limit the public disclosure of company 18 payments as required by United States law, and 19 unless such government has adopted laws, regu- 20 lations, or procedures in the sector in which as- 21 sistance is being considered for- 22 (i) accurately accounting for and pub- 23 lie disclosure of payments to the host gov- 24 ernment by companies involved in the ex- 25 traction and export of natural resources; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 136 1 (ii) the independent auditing of ac- 2 counts receiving such payments and public 3 disclosure of the findings of such audits; 4 and 5 (iii) public disclosure of such docu- 6 ments as Host Government Agreements, 7 Concession Agreements, and bidding docu- 8 ments, allowing in any such dissemination 9 or disclosure for the redaction of, or excep- 10 tions for, information that is commercially 11 proprietary or that would create competi- 12 tive disadvantage. 13 (B) The requirements of subparagraph (A) 14 shall not apply to assistance for the purpose of 15 building the capacity of such government to 16 meet the requirements of this subparagraph. 17 (e) FOREIGN ASSISTANCE WEBSITE.-Funds appro- 18 priated by this Act under titles I and II, and funds made 19 available for any independent agency in title III, as appro20 priate, shall be made available to support the provision 21 of additional information on United States Government 22 foreign assistance on the Department of State foreign as23 sistance website: Provided, That all Federal agencies fund24 ed under this Act shall provide such information on for25 eign assistance, upon request, to the Department of State. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 137 1 2 DEMOCRACY PROGRAMS SEC. 7032. (a) FUNDING.- 3 (1) IN GENERAL.-Of the funds appropriated 4 by this Act under the headings "Development As- 5 sistance", "Economic Support Fund", "Democracy 6 Fund", "Assistance for Europe, Eurasia and Cen- 7 tral Asia", and "International Narcotics Control and 8 Law Enforcement", not less than $2,400,000,000 9 shall be made available for democracy programs. 10 (2) PROGRAlvIS.-Of the funds made available 11 for democracy programs under the headings "Eco- 12 nomic Support Fund" and "Assistance for Europe, 13 Eurasia and Central Asia" pursuant to paragraph 14 (1), not less than $89,540,000 shall be made avail- 15 able to the Bureau of Democracy, Human Rights, 16 and Labor, Department of State, at not less than 17 the amounts specified for certain countries and re- 18 gional programs designated in the table under this 19 section in the joint explanatory statement accom- 20 panying this Act. 21 (b) AUTHORITIES.- 22 (1) Funds made available by this Act for de- 23 mocracy programs pursuant to subsection (a) and 24 under the heading "National Endowment for De- 25 mocracy" may be made available notwithstanding February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 138 1 any other provision of law, and with regard to the 2 National Endowment for Democracy (NED), any 3 regulation. 4 (2) Funds made available by this Act for the 5 NED are made available pursuant to the authority 6 of the National Endowment for Democracy Act (title 7 V of Public Law 98-164), including all decisions re- 8 garding the selection of beneficiaries. 9 (c) DEFINITION OF DEMOCRACY PROGRAMS.-For 10 purposes of funds appropriated by this Act, the term "de- 11 mocracy programs" means programs that support good 12 governance, credible and competitive elections, freedom of 13 expression, association, assembly, and religion, human 14 rights, labor rights, independent media, and the rule of 15 law, and that otherwise strengthen the capacity of demo16 cratic political parties, governments, nongovernmental or17 ganizations and institutions, and citizens to support the 18 development of democratic states and institutions that are 19 responsive and accountable to citizens. 20 (d) PROGRAM PRIORITIZATION.-Funds made avail- 21 able pursuant to this section that are made available for 22 programs to strengthen government institutions shall be 23 prioritized for those institutions that demonstrate a com24 mitment to democracy and the rule of law, as determined 25 by the Secretary of State or the Administrator of the February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 139 1 United States Agency for International Development, as 2 appropriate. 3 (e) RESTRICTION ON PRIOR APPROVAL.-With re- 4 spect to the provision of assistance for democracy pro- 5 grams in this Act, the organizations implementing such 6 assistance, the specific nature of that assistance, and the 7 participants in such programs shall not be subject to the 8 prior approval by the government of any foreign country: 9 Provided, That the Secretary of State, in coordination 10 with the USAID Administrator, shall report to the Com11 mittees on Appropriations, not later than 120 days after 12 enactment of this Act, detailing steps taken by the Depart13 ment of State and USAID to comply with the require14 ments of this subsection. 15 (f) CONTINUATION OF CURRENT P&i\_CTICES.- 16 USAID shall continue to implement civil society and polit- 17 ical competition and consensus building programs abroad 18 with funds appropriated by this Act in a manner that rec19 ognizes the unique benefits of grants and cooperative 20 agreements in implementing such programs: Provided, 21 That nothing in this paragraph shall be construed to af22 feet the ability of any entity, including United States small 23 businesses, from competing for proposals for USAID24 funded civil society and political competition and con25 sensus building programs. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 140 1 (g) INFORMING THE NATIONAL ENDOWMENT FOR 2 DEMOCRACY.-The Assistant Secretary for Democracy, 3 Human Rights, and Labor, Department of State, and the 4 Assistant Administrator for Democracy, Conflict, and Hu- 5 manitarian Assistance, USAID, shall regularly inform the 6 National Endowment for Democracy of democracy pro7 grams that are planned and supported by funds made 8 available by this Act and prior Acts making appropriations 9 for the Department of State, foreign operations, and re- 10 lated programs. 11 (h) PROTECTION OF CIVIL SOCIETY ACTIVISTS AND 12 J OURNALISTS.-Of the funds appropriated by this Act 13 under the headings "Economic Support Fund" and "De- 14 mocracy Fund", not less than $15,000,000 shall be made 15 available to support and protect civil society activists and 16 journalists who have been threatened, harassed, or at17 tacked, consistent with the action plan submitted pursuant 18 to, and on the same terms and conditions of, section 19 7032(i) of the Department of State, Foreign Operations, 20 and Related Programs Appropriations Act, 2018 (division 21 K of Public Law 115-141). 22 23 INTERNATIONAL RELIGIOUS FREEDOM SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREE- 24 DOM OFFICE AND SPECIAL ENVOY TO PROl\IOTE RELI25 GIOUS FREEDOM.- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 141 1 (1) OPERATIONS.-Funds appropriated by this 2 Act under the heading "Diplomatic Programs" shall 3 be made available for the Office of International Re- 4 ligious Freedom, Bureau of Democracy, Human 5 Rights, and Labor, Department of State, and the 6 Special Envoy to Promote Religious Freedom of Re- 7 ligious Minorities in the Near East and South Cen- 8 tral Asia, as authorized in the Near East and South 9 Central Asia Religious Freedom Act of 2014 (Public 10 Law 113-161), including for support staff at not 11 less than the amounts specified for such offices in 12 the table under such heading in the joint explana- 13 tory statement accompanying this Act. 14 (2) CURRICULUM.-Funds appropriated under 15 the heading "Diplomatic Programs" and designated 16 for the Office of International Religious Freedom 17 shall be made available for the development and im- 18 plementation of an international religious freedom 19 curriculum in accordance with section 708(a)(2) of 20 the Foreign Service Act of 1980 21 4028(a)(2)). 22 (b) ASSISTANCE.- (22 U.S.C. 23 (1) INTERNATIONAL RELIGIOUS FREEDOM PR0- 24 GRAMS.-Of the funds appropriated by this Act 25 under the heading "Democracy Fund" and available February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 142 1 for the Human Rights and Democracy Fund, not 2 less than $10,000,000 shall be made available for 3 international religious freedom programs: Provided, 4 That the Ambassador-at-Large for International Re- 5 ligious Freedom shall consult with the Committees 6 on Appropriations on the uses of such funds. 7 (2) PROTECTION AND INVESTIGATION PR0- 8 GRAMS.-Of the funds appropriated by this Act 9 under the heading "Economic Support Fund", not 10 less than $10,000,000 shall be made available for 11 programs to protect vulnerable and persecuted reli- 12 gious minorities: Provided, That a portion of such 13 funds shall be made available for programs to inves- 14 tigate the persecution of such minorities by govern- 15 ments and non-state actors and for the public dis- 16 semination of information collected on such persecu- 17 tion, including on the Department of State website. 18 (3) HUThLiLNIT.ARLW PROGRAMS.-Funds appro- 19 priated by this Act under the headings "Inter- 20 national Disaster Assistance" and "Migration and 21 Refugee Assistance" shall be made available for hu- 22 manitarian assistance for vulnerable and persecuted 23 religious minorities, including victims of genocide 24 designated by the Secretary of State and other February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 143 1 groups that have suffered crimes against humanity 2 and ethnic cleansing, to- 3 (A) facilitate the implementation of an im- 4 mediate, coordinated, and sustained response to 5 provide humanitarian assistance; 6 (B) enhance protection of conflict victims, 7 including those facing a dire humanitarian cri- 8 sis and severe persecution because of their faith 9 or ethnicity; 10 (C) improve access to secure locations for 11 obtaining humanitarian and resettlement serv- 12 ices; and 13 (D) build resilience and help reestablish 14 livelihoods for displaced and persecuted persons 15 in their communities of origin. 16 ( 4) TRANSITIONAL JUSTICE, RECONCILL~TION, 17 AND 18 propriated by this Act that are made available for 19 the Relief and Recovery Fund, not less than 20 $5,000,000 shall be made available to support tran- 21 sitional justice, reconciliation, and reintegration pro- 22 grams for vulnerable and persecuted religious mi- 23 norities, including in the Middle East and North Af- 24 rica regions: Provided, That such funds shall be February 9, 2019 (2:13 p.m.) REINTEGRATION PROGRAMS.-Of the funds ap- U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 144 1 matched, to the maximum extent practicable, from 2 sources other than the United States Government. 3 (5) RESPONSIBILITY FOR FUNDS.-Funds made 4 available by paragraphs (1) and (2) shall be the re- 5 sponsibility of the Ambassador-at-Large for Inter- 6 national Religious Freedom, in consultation with 7 other relevant United States Government officials. 8 (c) INTERNATIONAL BROADCASTING.-Funds appro- 9 priated by this Act under the heading "Broadcasting 10 Board of Governors, International Broadcasting Oper11 ations" shall be made available for programs related to 12 international religious freedom, including reporting on the 13 condition of vulnerable and persecuted religious groups. 14 (d) FUNDING CLARIFICATION.- 15 ( 1) Funds made available pursuant to sub- 16 section (b) are in addition to amounts otherwise 17 made available for such purposes. 18 (2) Funds appropriated by this Act and pr10r 19 Acts making appropriations for the Department of 20 State, foreign operations, and related programs 21 under the heading "Economic Support Fund" may 22 be made available notwithstanding any other provi- 23 sion of law for assistance for ethnic and religious 24 minorities in Iraq and Syria. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 145 1 2 SPECIAL PROVISIONS SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL- 3 DREN, AND DISPL.A.CED BURI\IESE.-Funds appropriated 4 in titles III and VI of this Act that are made available 5 for victims of war, displaced children, displaced Burmese, 6 and to combat trafficking in persons and assist victims 7 of such trafficking, may be made available notwith8 standing any other provision of law. 9 (b) FORENSIC ASSISTANCE.- 10 (1) Of the funds appropriated by this Act under 11 the heading "Economic Support Fund", not less 12 than $10,000,000 shall be made available for foren- 13 sic anthropology assistance related to the exhuma- 14 tion and identification of victims of war crimes, 15 crimes against humanity, and genocide, which shall 16 be administered by the Assistant Secretary for De- 17 mocracy, Human Rights, and Labor, Department of 18 State: Provided, That such funds shall be in addition 19 to funds made available by this Act and prior Acts 20 making appropriations for the Department of State, 21 foreign operations, and related programs for assist- 22 ance for countries. 23 (2) Of the funds appropriated by this Act under 24 the heading ''International Narcotics Control and 25 Law Enforcement", not less than $8,000,000 shall February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 146 1 be made available for DNA forensic technology pro- 2 grams to combat human trafficking in Central 3 America and Mexico. 4 (c) ATROCITIES PREYENTION.-Of the funds appro- 5 priated by this Act under the headings "Economic Sup6 port Fund" and "International Narcotics Control and 7 Law Enforcement", not less than $5,000,000 shall be 8 made available for programs to prevent atrocities, includ9 ing to implement recommendations of the Atrocities Pre10 vention Board, or any successor entity: Provided, That the 11 Under Secretary for Civilian Security, Democracy, and 12 Human Rights, Department of State, shall be responsible 13 for providing the strategic policy direction for, and policy 14 oversight of, funds made available pursuant to this sub15 section to the Bureaus of International Narcotics and Law 16 Enforcement Affairs and Democracy, Human Rights, and 17 Labor, Department of State: Provided further, That funds 18 made available pursuant to this subsection are in addition 19 to amounts otherwise made available for such purposes: 20 Provided further, That such funds shall be subject to the 21 regular notification procedures of the Committees on Ap22 propriations. 23 (d) WORLD FOOD PROGRAMME.-Funds managed by 24 the Bureau for Democracy, Conflict, and Humanitarian 25 Assistance, United States Agency for International Devel- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.:xml SEN. APPRO. 147 1 opment, from this or any other Act, may be made available 2 as a general contribution to the World Food Programme, 3 notwithstanding any other provision of law. 4 (e) DIRECTIYES AND AUTHORITIES.- 5 (1) RESEARCH AND TRAINING.-Funds appro- 6 priated by this Act under the heading ''Assistance 7 for Europe, Eurasia and Central Asia" shall be 8 made available to carry out the Program for Re- 9 search and Training on Eastern Europe and the 10 Independent States of the Former Soviet Union as 11 authorized by the Soviet-Eastern European Research 12 and Training Act of 1983 (22 U.S.C. 4501 et seq.). 13 (2) GENOCIDE VICTIMS MEMORIAL SITES.- 14 Funds appropriated by this Act and prior Acts mak- 15 ing appropriations for the Department of State, for- 16 eign operations, and related programs under the 17 headings "Economic Support Fund" and "Assist- 18 ance for Europe, Eurasia and Central Asia'' may be 19 made available as contributions to establish and 20 maintain memorial sites of genocide, subject to the 21 regular notification procedures of the Committees on 22 Appropriations. 23 (3) ADDITIONAL AUTHORITIES.-Of the 24 amounts made available by title I of this Act under 25 the heading "Diplomatic Programs", up to $500,000 February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 148 1 may be made available for grants pursuant to sec- 2 tion 504 of the Foreign Relations Authorization Act, 3 Fiscal Year 1979 (22 U.S.C. 2656d), including to 4 facilitate collaboration with indigenous communities, 5 and up to $1,000,000 may be made available for 6 grants to carry out the activities of the Cultural An- 7 tiquities Task Force. 8 (4) lNNOYATION.-The USAID Administrator 9 may use funds appropriated by this Act under title 10 III to make innovation incentive awards: Provided, 11 That 12 $100,000: Provided further, That no more than 10 13 such awards may be made during fiscal year 2019: 14 Provided further, That for purposes of this para- 15 graph the term "innovation incentive award" means 16 the provision of funding on a competitive basis 17 that- each individual award may not exceed 18 (A) encourages and rewards the develop- 19 ment of solutions for a particular, well-defined 20 problem related to the alleviation of poverty; or 21 (B) helps identify and promote a broad 22 range of ideas and practices facilitating further 23 development of an idea or practice by third par- 24 ties. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 149 1 (5) EXCHANGE VISITOR PROGRAl\I.-None of 2 the funds made available by this Act may be used 3 to modify the Exchange Visitor Program adminis- 4 tered by the Department of State to implement the 5 Mutual Educational and Cultural Exchange Act of 6 1961, as amended, (Public Law 87-256; 22 U.S.C. 7 2451 et seq.), except through the formal rulemaking 8 process pursuant to the Administrative Procedure 9 Act and notwithstanding the exceptions to such rule- 10 making process in such Act: Provided, That funds 11 made available for such purpose shall only be made 12 available after consultation with, and subject to the 13 regular notification procedures of, the Committees 14 on Appropriations, regarding how any proposed 15 modification would affect the public diplomacy goals 16 of, and the estimated economic impact on, the 17 United States. 18 (6) REPORT.-The report required by section 19 502(d) of the Intelligence Authorization Act for Fis- 20 cal Year 2017 (division N of Public Law 115-31; 22 21 U.S.C. 254a note) shall be provided to the Commit- 22 tees on Appropriations. 23 (7) PRIVATE SECTOR PARTNERSHIPS.-Of the 24 funds appropriated by this Act under the headings 25 "Development Assistance" and "Economic Support February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 150 1 Fund" that are made available for private sector 2 partnerships, up to $50,000,000 may remain avail- 3 able until September 30, 2021: Provided, That funds 4 made available pursuant to this paragraph may only 5 be made available following prior consultation with 6 the appropriate congressional committees, and the 7 regular notification procedures of the Committees on 8 Appropriations. 9 (f) PARTNER VETTING.-Prior to initiating a partner 10 vetting program, or making significant changes to the 11 scope of an existing partner vetting program, the Sec- 12 retary of State and USAID Administrator, as appropriate, 13 shall consult with the Committees on Appropriations. 14 (g) CONTINGENCIES.-During fiscal year 2019, the 15 President may use up to $125,000,000 under the author- 16 ity of section 451 of the Foreign Assistance Act of 1961, 17 notwithstanding any other provision of law. 18 (h) INTERNATIONAL CHILD ABDUCTIONS.-The Sec- 19 retary of State should withhold funds appropriated under 20 title III of this Act for assistance for the central govern- 21 ment of any country that is not taking appropriate steps 22 to comply with the Convention on the Civil Aspects of 23 International Child Abductions, done at the Hague on Oc24 tober 25, 1980: Provided, That the Secretary shall report February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 151 1 to the Committees on Appropriations within 15 days of 2 withholding funds under this subsection. 3 (i) CULTURAL PRESERVATION PROJECT DETER- 4 l\IINATION.-None of the funds appropriated in titles I and 5 III of this Act may be used for the preservation of reli- 6 gious sites unless the Secretary of State or the USAID 7 Administrator, as appropriate, determines and reports to 8 the Committees on Appropriations that such sites are his9 torically, artistically, or culturally significant, that the 10 purpose of the project is neither to advance nor to inhibit 11 the free exercise of religion, and that the project is in the 12 national interest of the United States. 13 (j) TRANSFER OF FUNDS FOR EXTRAORDINARY PR0- 14 TECTION.-The Secretary of State may transfer to, and 15 merge with, funds under the heading ''Protection of For16 eign Missions and Officials" unobligated balances of ex17 pired funds appropriated under the heading "Diplomatic 18 Programs" for fiscal year 2019, except for funds des- 19 ignated for Overseas Contingency Operations/Global War 20 on Terrorism pursuant to section 25l(b)(2)(A)(ii) of the 21 Balanced Budget and Emergency Deficit Control Act of 22 1985, at no later than the end of the fifth fiscal year after 23 the last fiscal year for which such funds are available for 24 the purposes for which appropriated: Provided, That not 25 more than $50,000,000 may be transferred. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 152 1 (k) AUTHORITY TO COUNTER EXTREl\IISM.-Funds 2 made available by this Act under the heading "Economic 3 Support Fund" to counter extremism may be made avail4 able notwithstanding any other provision of law restricting 5 assistance to foreign countries, except sections 502B and 6 620A of the Foreign Assistance Act of 1961: Provided, 7 That the use of the authority of this subsection shall be 8 subject to prior consultation with the appropriate congres9 sional committees, and the regular notification procedures 10 of the Committees on Appropriations. 11 (1) PROTECTIONS AND REMEDIES FOR EMPLOYEES 12 OF DIPLOMATIC MISSIONS .AND INTERNATIONAL 0RGANl- 13 ZATIONS.-Section 7034(k) of the Department of State, 14 Foreign Operations, and Related Programs Appropria15 tions Act, 2015 (division J of Public Law 113-235) shall 16 continue in effect during fiscal year 2019. 17 (m) EXTENSION OF AUTHORITIES.- 18 (1) PASSPORT FEES.-Section l(b)(2) of the 19 Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) 20 shall be applied by substituting "September 30, 21 2019" for "September 30, 2010". 22 (2) INCENTIVES FOR CRITICAL POSTS.-The 23 authority contained in section 1115(d) of the Sup- 24 plemental Appropriations Act, 2009 (Public Law February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 153 1 111-3 2) shall remam m effect through September 2 30, 2019. 3 (3) USAID CIVIL SERVICE _ANNUIT.ANT WAIV- 4 ER-Section 625(j)(l) of the Foreign Assistance 5 Act of 1961 (22 U.S.C. 2385(j)(l)) shall be applied 6 by substituting "September 30, 2019" for "October 7 1, 2010" in subparagraph (B). 8 9 (4) OVERSEAS PAY COMPARABILITY AND LIMITATION.- 10 (A) Subject to the limitation described in 11 subparagraph (B), the authority provided by 12 section 1113 of the Supplemental Appropria- 13 tions Act, 2009 (Public Law 111-32) shall re- 14 main in effect through September 3 0, 2019. 15 (B) The authority described in subpara- 16 graph (A) may not be used to pay an eligible 17 member of the Foreign Service (as defined in 18 section 1113(b) of the Supplemental Appropria- 19 tions Act, 2009 (Public Law 111-32)) a local- 20 ity-based comparability payment (stated as a 21 percentage) that exceeds two-thirds of the 22 amount of the locality-based comparability pay- 23 ment (stated as a percentage) that would be 24 payable to such member under section 5304 of 25 title 5, United States Code, if such member's February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 154 1 official duty station were in the District of Co- 2 lumbia. 3 (5) CATEGORIC.AL ELIGIBILITY.-The Foreign 4 Operations, Export Financing, and Related Pro- 5 grams Appropriations Act, 1990 (Public Law 101- 6 167) is amended- 7 8 (A) in section 599D (8 U.S.C. 1157 note)- 9 (i) in subsection (b)(3), by striking 10 "and 2018" and inserting "2018, and 11 2019"· and ' 12 (ii) in subsection (e), by striking 13 "2018" each place it appears and inserting 14 "2019"· and 15 (B) in section 599E (8 U.S.C. 1255 note) 16 in subsection (b)(2), by striking "2018" and in- 17 serting "2019". 18 (6) INSPECTOR GENERAL ~illNUITANT ' WAIV- 19 ER-The authorities provided in section 1015(b) of 20 the Supplemental Appropriations Act, 2010 (Public 21 Law 111-212) shall remain in effect through Sep- 22 tember 30, 2019. 23 (7) ACCOUNTABILITY REVIEW BOARDS.-The 24 authority provided by section 301(a)(3) of the Omni- 25 bus Diplomatic Security and Antiterrorism Act of February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 155 1 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect 2 for facilities in Afghanistan through September 30, 3 2019, except that the notification and reporting re- 4 quirements contained in such section shall include 5 the Committees on Appropriations. 6 (8) SPECIAL INSPECTOR GENERAL FOR AF- 7 GHANISTAN 8 TUS.-Notwithstanding any other provision of law, 9 any employee of the Special Inspector General for 10 Afghanistan Reconstruction (SIGAR) who completes 11 at least 12 months of continuous service after the 12 date of enactment of this Act or who is employed on 13 the date on which SIGAR terminates, whichever oc- 14 curs first, shall acquire competitive status for ap- 15 pointment to any position in the competitive service 16 for which the employee possesses the required quali- 17 fications. RECONS'l'RUCTION COMPETITIVE STA- 18 (9) TRANSFER OF B--.UJANCES.-Section 7081(h) 19 of the Department of State, Foreign Operations, and 20 Related Programs Appropriations Act, 2017 (divi- 21 sion J of Public Law 115-31) shall continue in ef- 22 feet during fiscal year 2019. 23 (10) DEPARTMENT OF STATE INSPECrroR GEN- 24 ERAL WAIVER AUTHORITY.-The Inspector General 25 of the Department of State may waive the provisions February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 156 1 of subsections (a) through (d) of section 824 of the 2 Foreign Service Act of 1980 (22 U.S.C. 4064) on a 3 case-by-case basis for an annuitant reemployed by 4 the Inspector General on a temporary basis, subject 5 to the same constraints and in the same manner by 6 which the Secretary of State may exercise such waiv- 7 er authority pursuant to subsection (g) of such sec- 8 tion. 9 (11) EXTENSION OF LOAN GUARANTEES TO 10 ISRAEL.-Chapter 5 of title I of the Emergency 11 Wartime Supplemental Appropriations Act, 2003 12 (Public Law 108-11; 117 Stat. 576) is amended 13 under the heading "Loan Guarantees to Israel"- 14 (A) in the matter preceding the first pro- 15 viso, by striking "September 30, 2019" and in- 16 serting "September 30, 2023"; and 17 (B) in the second proviso, by striking 18 '' September 30, 2019'' and inserting '' Sep- 19 tember 30, 2023". 20 (n) MONITORING AND EVALUATION.-Funds appro- 21 priated by this Act that are available for monitoring and 22 evaluation of assistance under the headings "Development 23 Assistance", "International Disaster Assistance" and 24 "Migration and Refugee Assistance" shall, as appropriate, 25 be made available for the regular collection of feedback February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 157 1 obtained directly from beneficiaries on the quality and rel- 2 evance of such assistance: Provided, That the Department 3 of State and USAID shall establish procedures for imple4 menting partners that receive funds under such headings 5 for regularly collecting and responding to such feedback, 6 informing the Department of State and USAID of such 7 procedures, and reporting to the Department of State and 8 USAID on actions taken in response to the feedback re9 ceived: Provided further, That the Department of State 10 and USAID shall regularly conduct oversight to ensure 11 that such feedback is regularly collected and used by im- 12 plementing partners to maximize the cost-effectiveness 13 and utility of such assistance. 14 (o) HIV/AIDS WORKING CAPITAL FUND.-Funds 15 available in the HIV/AIDS Working Capital Fund estab16 lished pursuant to section 525(b)(l) of the Foreign Oper17 ations, Export Financing, and Related Programs Appro18 priations Act, 2005 (Public Law 108-447) may be made 19 available for pharmaceuticals and other products for child 20 survival, malaria, and tuberculosis to the same extent as 21 HIV/AIDS pharmaceuticals and other products, subject to 22 the terms and conditions in such section: Provided, That 23 the authority in section 525(b)(5) of the :B--,oreign Oper24 ations, Export Financing, and Related Programs Appro25 priation Act, 2005 (Public Law 108-44 7) shall be exer- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 158 1 cised by the Assistant Administrator for Global Health, 2 USAID, with respect to funds deposited for such non- 3 HIV/AIDS pharmaceuticals and other products, and shall 4 be subject to the regular notification procedures of the 5 Committees on Appropriations: Provided further, That the 6 Secretary of State shall include in the congressional budg- 7 et justification an accounting of budgetary resources, dis- 8 bursements, balances, and reimbursements related to such 9 fund. 10 (p) LOANS, CONSULTATION, AND NOTIFICATION.- 11 (1) LOAN GUARANTEES.-Funds appropriated 12 under the headings "Economic Support Fund" and 13 "Assistance for Europe, Eurasia and Central Asia" 14 by this Act and prior Acts making appropriations 15 for the Department of State, foreign operations, and 16 related programs may be made available for the 17 costs, as defined in section 502 of the Congressional 18 Budget Act of 197 4, of loan guarantees for Egypt, 19 Jordan, Tunisia, and Ukraine, which are authorized 20 to be provided: Provided, That amounts made avail- 21 able under this paragraph for the costs of such 22 guarantees shall not be considered assistance for the 23 purposes of provisions of law limiting assistance to 24 a country. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 159 1 (2) DESIGNATION REQUIREl\IENT.-Funds 2 made available pursuant to paragraph (1) from prior 3 Acts making appropriations for the Department of 4 State, foreign operations, and related programs that 5 were previously designated by the Congress for Over- 6 seas Contingency Operations/Global War on Ter- 7 rorism pursuant to section 251(b)(2)(A)(ii) of the 8 Balanced Budget and Emergency Deficit Control 9 Act of 1985 are designated by the Congress for 10 Overseas Contingency Operations/Global War on 11 Terrorism pursuant to section 251(b)(2)(A)(ii) of 12 such Act. 13 (3) CONSULTATION AND NOTIFICATION.- 14 Funds made available pursuant to the authorities of 15 this subsection shall be subject to prior consultation 16 with the appropriate congressional committees, and 17 subject to the regular notification procedures of the 18 Committees on Appropriations. 19 (q) LOCAL WORKS.- 20 (1) Of the funds appropriated by this Act under 21 the headings "Development Assistance", "Economic 22 Support Fund", and "Assistance for Europe, Eur- 23 asia and Central Asia", not less than $50,000,000 24 shall be made available for Local Works pursuant to 25 section 7080 of the Department of State, :B.,oreign February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 160 1 Operations, and Related Programs Appropriations 2 Act, 2015 (division J of Public Law 113-235), 3 which may remain available until September 30, 4 2023. 5 (2) For the purposes of section 7080 of the De- 6 partment of State, Foreign Operations, and Related 7 Programs Appropriations Act, 2015 (division J of 8 Public Law 113-235), "eligible entities" shall be de- 9 fined as small local, international, and United 10 States-based nongovernmental organizations, edu- 11 cational institutions, and other small entities that 12 have received less than a total of $5,000,000 from 13 USAID over the previous 5 fiscal years: Provided, 14 That departments or centers of such educational in- 15 stitutions may be considered individually in deter- 16 mining such eligibility. 17 (r) 18 DEFINITIONS.- (1) APPROPRIATE CONGRESSIONAL COMMIT- 19 TEES.-U nless otherwise defined in this Act, for 20 purposes of this Act the term "appropriate congres- 21 sional committees" means the Committees on Appro- 22 priations and Foreign Relations of the Senate and 23 the Committees on Appropriations and Foreign M- 24 fairs of the House of Representatives. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 161 1 (2) FUNDS APPROPRIATED BY THIS ACT AND 2 PRIOR ACTS.-U nless otherwise defined in this Act, 3 for purposes of this Act the term ''funds appro- 4 priated by this Act and prior Acts making appro- 5 priations for the Department of State, foreign oper- 6 ations, and related programs" means funds that re- 7 main available for obligation, and have not expired. 8 (3) INTERNATIONAL FINANCIAL INSTITU- 9 TIONS.-In this Act "international financial institu- 10 tions" means the International Bank for Recon- 11 struction and Development, the International Devel- 12 opment Association, the International Finance Cor- 13 poration, the Inter-American Development Bank, the 14 International Monetary Fund, the International 15 Fund for Agricultural Development, the Asian De- 16 velopment Fund, the Inter-American Investment 17 Corporation, 18 Bank, the European Bank for Reconstruction and 19 Development, the African Development Bank, the 20 African Development Fund, and the Multilateral In- 21 vestment Guarantee Agency. the North American Development 22 (4) SOU'l'HERN KORDOFAN REFERENCE.-Any 23 reference to Southern Kordofan in this or any other 24 Act making appropriations for the Department of 25 State, foreign operations, and related programs shall February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xrnl SEN. APPRO. 162 1 be deemed to include portions of Western Kordofan 2 that were previously part of Southern Kordofan 3 prior to the 2013 division of Southern Kordofan. 4 (5) USAID.-In this Act, the term "USAID" 5 means the United States Agency for International 6 Development. 7 (6) SPEND PLAN.-In this Act, the term 8 "spend plan" means a plan for the uses of funds ap- 9 propriated for a particular entity, country, program, 10 purpose, or account and which shall include, at a 11 minimum, a description of- 12 (A) realistic and sustainable goals, criteria 13 for measuring progress, and a timeline for 14 achieving such goals; 15 16 (B) amounts and sources of funds by account; 17 18 (C) how such funds will complement other ongoing or planned programs; and 19 (D) implementing partners, to the max- 20 imum extent practicable. 21 (7) UNITED STATES AGENCY FOR GLOBAL 22 MEDIA.-References to the "Broadcasting Board of 23 Governors, International Broadcasting Operations'' 24 account in any provision of law shall be construed to 25 include the "United States Agency for February 9, 2019 (2:13 p.m.) Global SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 163 1 Media" account in Acts making appropriations for 2 the Department of State, foreign operations, and re- 3 lated programs: Provided, That references to the 4 "Broadcasting Board of Governors" or "BBG" in 5 this Act and prior Acts making appropriations for 6 the Department of State, foreign operations, and re- 7 lated programs shall be construed to include the 8 "United States Agency for 9 "USAGM". Global Media" 10 ARAB LEAGUE BOYCOTT OF ISRAEL 11 SEC. 7035. It is the sense of the Congress that- or 12 ( 1) the Arab League boycott of Israel, and the 13 secondary boycott of American firms that have com- 14 mercial ties with Israel, is an impediment to peace 15 in the region and to United States investment and 16 trade in the Middle East and North Africa; 17 (2) the Arab League boycott, which was regret- 18 tably reinstated in 1997, should be immediately and 19 publicly terminated, and the Central Office for the 20 Boycott of Israel immediately disbanded; 21 22 (3) all Arab League states should normalize relations with their neighbor Israel; 23 (4) the President and the Secretary of State 24 should continue to vigorously oppose the Arab 25 League boycott of Israel and find concrete steps to February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 164 1 demonstrate that opposition by, for example, taking 2 into consideration the participation of any recipient 3 country in the boycott when determining to sell 4 weapons to said country; and 5 (5) the President should report to Congress an- 6 nually on specific steps being taken by the United 7 States to encourage Arab League states to normalize 8 their relations with Israel to bring about the termi- 9 nation of the Arab League boycott of Israel, includ- 10 ing those to encourage allies and trading partners of 11 the United States to enact laws prohibiting busi- 12 nesses from complying with the boycott and penal- 13 izing businesses that do comply. 14 15 PALESTINIAN STATEHOOD SEC. 7036. (a) LIMITATION ON ASSISTANCE.-None 16 of the funds appropriated under titles III through VI of 17 this Act may be provided to support a Palestinian state 18 unless the Secretary of State determines and certifies to 19 the appropriate congressional committees that20 21 (1) the governing entity of a new Palestinian state- 22 (A) has demonstrated a firm commitment 23 to peaceful co-existence with the State of Israel; 24 and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 165 1 (B) is taking appropriate measures to 2 counter terrorism and terrorist financing in the 3 West Bank and Gaza, including the dismantling 4 of terrorist infrastructures, and is cooperating 5 with appropriate Israeli and other appropriate 6 security organizations; and 7 (2) the Palestinian Authority (or the governing 8 entity of a new Palestinian state) is working with 9 other countries in the region to vigorously pursue ef- 10 forts to establish a just, lasting, and comprehensive 11 peace in the Middle East that will enable Israel and 12 an independent Palestinian state to exist within the 13 context of full and normal relationships, which 14 should include- 15 16 (A) termination of all claims or states of be_lligerency; 17 (B) respect for and acknowledgment of the 18 sovereignty, territorial integrity, and political 19 independence of every state in the area through 20 measures including the establishment of demili- 21 tarized zones; 22 (C) their right to live in peace within se- 23 cure and recognized boundaries free from 24 threats or acts of force; February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 166 1 2 3 4 5 (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 Con- 6 gress that the governing entity should enact a constitution 7 assuring the rule of law, an independent judiciary, and 8 respect for human rights for its citizens, and should enact 9 other laws and regulations assuring transparent and ac10 countable governance. 11 (c) WAIVER.-The President may waive subsection 12 (a) if the President determines that it is important to the 13 national security interest of the United States to do so. 14 (d) EXEMPTION.-The restriction in subsection (a) 15 shall not apply to assistance intended to help reform the 16 Palestinian Authority and affiliated institutions, or the 17 governing entity, in order to help meet the requirements 18 of subsection (a), consistent with the provisions of section 19 7040 of this Act (''Limitation on Assistance for the Pales20 tinian Authority''). 21 RESTRICTIONS CONCERNING THE PALESTINLlli 22 AUTHORITY 23 SEC. 7037. None of the funds appropriated under ti- 24 tles II through VI of this Act may be obligated or ex25 pended to create in any part of Jerusalem a new office February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 167 1 of any department or agency of the United States Govern2 ment for the purpose of conducting official United States 3 Government business with the Palestinian Authority over 4 Gaza and Jericho or any successor Palestinian governing 5 entity provided for in the Israel-PLO Declaration of Prin6 ciples: Provided, That this restriction shall not apply to 7 the acquisition of additional space for the existing Con8 sulate General in Jerusalem: Provided further, That meet- 9 ings between officers and employees of the United States 10 and officials of the Palestinian Authority, or any successor 11 Palestinian governing entity provided for in the Israel12 PLO Declaration of Principles, for the purpose of con13 ducting official United States Government business with 14 such authority should continue to take place in locations 15 other than Jerusalem: Provided further, That as has been 16 true in the past, officers and employees of the United 17 States Government may continue to meet in Jerusalem on 18 other subjects with Palestinians (including those who now 19 occupy positions in the Palestinian Authority), have social 20 contacts, and have incidental discussions. 21 PROHIBITION ON ASSISTANCE TO THE PALESTINLlli 22 BROADCASTING CORPORATION 23 SEC. 7038. None of the funds appropriated or other- 24 wise made available by this Act may be used to provide 25 equipment, technical support, consulting services, or any February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 168 1 other form of assistance to the Palestinian Broadcasting 2 Corporation. 3 4 ASSISTANCE FOR THE ·wEST BANK AND GAZA SEC. 7039. (a) 0VERSIGHT.-For fiscal year 2019, 5 30 days prior to the initial obligation of funds for the bi6 lateral West Bank and Gaza Program, the Secretary of 7 State shall certify to the Committees on Appropriations 8 that procedures have been established to assure the Comp9 troller General of the United States will have access to 10 appropriate United States financial information in order 11 to review the uses of United States assistance for the Pro12 gram funded under the heading "Economic Support 13 Fund'' for the West Bank and Gaza. 14 (b) VETTING.-Prior to the obligation of funds ap- 15 propriated by this Act under the heading "Economic Sup16 port Fund" for assistance for the West Bank and Gaza, 17 the Secretary of State shall take all appropriate steps to 18 ensure that such assistance is not provided to or through 19 any individual, private or government entity, or edu- 20 cational institution that the Secretary knows or has reason 21 to believe advocates, plans, sponsors, engages in, or has 22 engaged in, terrorist activity nor, with respect to private 23 entities or educational institutions, those that have as a 24 principal officer of the entity's governing board or gov25 erning board of trustees any individual that has been de- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 169 1 termined to be involved in, or advocating terrorist activity 2 or determined to be a member of a designated foreign ter- 3 rorist organization: Provided, That the Secretary of State 4 shall, as appropriate, establish procedures specifying the 5 steps to be taken in carrying out this subsection and shall 6 terminate assistance to any individual, entity, or edu7 cational institution which the Secretary has determined to 8 be involved in or advocating terrorist activity. 9 (c) PROIDBITION.- 10 (1) RECOGNITION OF ACTS OF TERRORISM.- 11 None of the funds appropriated under titles III 12 through VI of this Act for assistance under the West 13 Bank and Gaza Program may be made available 14 for- 15 (A) the purpose of recognizing or otherwise 16 honoring individuals who commit, or have com- 17 mitted acts of terrorism; and 18 (B) any educational institution located in 19 the West Bank or Gaza that is named after an 20 individual who the Secretary of State deter- 21 mines has committed an act of terrorism. 22 (2) SECURITY ASSISTANCE AND REPORTING RE- 23 QUIREMENT .-Notwithstanding any other provision 24 of law, none of the funds made available by this or 25 prior appropriations Acts, including funds made February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CO NF\DivF-SFOPS.xml 170 1 available by transfer, may be made available for obli- 2 gation for security assistance for the West Bank and 3 Gaza until the Secretary of State reports to the 4 Committees on Appropriations on the benchmarks 5 that have been established for security assistance for 6 the West Bank and Gaza and reports on the extent 7 of Palestinian compliance with such benchmarks. 8 (d) OVERSIGHT BY THE UNITED STATES AGENCY 9 FOR INTERNATIONAL DEVELOPMENT.- 10 (1) The Administrator of the United States 11 Agency for International Development shall ensure 12 that Federal or non-Federal audits of all contractors 13 and grantees, and significant subcontractors and 14 sub-grantees, under the West Bank and Gaza Pro- 15 gram, are conducted at least on an annual basis to 16 ensure, among other things, compliance with this 17 section. 18 (2) Of the funds appropriated by this Act, up 19 to $1,000,000 may be used by the Office of Inspec- 20 tor General of the United States Agency for Inter- 21 national Development for audits, investigations, and 22 other activities in furtherance of the requirements of 23 this subsection: Provided, That such funds are in ad- 24 dition to funds otherwise available for such pur- 25 poses. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 171 1 (e) COMPTROLLER GENERAL OF THE UNITED 2 STATES AUDIT .-Subsequent to the certification specified 3 in subsection (a), the Comptroller General of the United 4 States shall conduct an audit and an investigation of the 5 treatment, handling, and uses of all funds for the bilateral 6 West Bank and Gaza Program, including all funds pro7 vided as cash transfer assistance, in fiscal year 2019 8 under the heading "Economic Support Fund", and such 9 audit shall address- 10 (1) the extent to which such Program complies 11 with the requirements of subsections (b) and (c); 12 and 13 (2) an examination of all programs, projects, 14 and activities carried out under such Program, m- 15 eluding both obligations and expenditures. 16 (f) NOTIFICATION PROCEDURES.-Funds made 17 available in this Act for West Bank and Gaza shall be 18 subject to the regular notification procedures of the Com19 mittees on Appropriations. 20 Lil\IITATION ON ASSISTANCE FOR THE PALESTINIAN 21 AUTHORITY 22 SEC. 7040. (a) PROHIBITION OF FUNDS.-None of 23 the funds appropriated by this Act to carry out the provi24 sions of chapter 4 of part II of the Foreign Assistance February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 172 1 Act of 1961 may be obligated or expended with respect 2 to providing funds to the Palestinian Authority. 3 (b) W.AIVER.-The prohibition included in subsection 4 (a) shall not apply if the President certifies in writing to 5 the Speaker of the House of Representatives, the Presi6 dent pro tempore of the Senate, and the Committees on 7 Appropriations that waiving such prohibition is important 8 to the national security interest of the United States. 9 (c) PERIOD OF APPLICATION OF W1UVER.-Any 10 waiver pursuant to subsection (b) shall be effective for no 11 more than a period of 6 months at a time and shall not 12 apply beyond 12 months after the enactment of this Act. 13 (d) REPORT.-Whenever the waiver authority pursu- 14 ant to subsection (b) is exercised, the President shall sub15 mit a report to the Committees on Appropriations detail16 ing the justification for the waiver, the purposes for which 17 the funds will be spent, and the accounting procedures in 18 place to ensure that the funds are properly disbursed: Pro19 vided, That the report shall also detail the steps the Pales- 20 tinian Authority has taken to arrest terrorists, confiscate 21 weapons and dismantle the terrorist infrastructure. 22 (e) CERTIFICATION.-If the President exercises the 23 waiver authority under subsection (b), the Secretary of 24 State must certify and report to the Committees on Ap25 propriations prior to the obligation of funds that the Pal- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 173 1 estinian Authority has established a single treasury ac2 count for all Palestinian Authority financing and all fi3 nancing mechanisms flow through this account, no parallel 4 financing mechanisms exist outside of the Palestinian Au- 5 thority treasury account, and there is a single comprehen6 sive civil service roster and payroll, and the Palestinian 7 Authority is acting to counter incitement of violence 8 against Israelis and is supporting activities aimed at pro9 moting peace, coexistence, and security cooperation with 10 Israel. 11 (f) PROHIBITION TO liAMAS AND THE PALESTINE 12 LIBERATION ORGANIZATION.- 13 (1) None of the funds appropriated in titles III 14 through VI of this Act may be obligated for salaries 15 of personnel of the Palestinian Authority located in 16 Gaza or may be obligated or expended for assistance 17 to Hamas or any entity effectively controlled by 18 Hamas, any power-sharing government of which 19 Hamas is a member, or that results from an agree- 20 ment with Hamas and over which Hamas exercises 21 undue influence. 22 (2) Notwithstanding the limitation of paragraph 23 (1), assistance may be provided to a power-sharing 24 government only if the President certifies and re- 25 ports to the Committees on Appropriations that such February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 174 1 government, including all of its ministers or such 2 equivalent, has publicly accepted and is complying 3 with the principles contained in section 620K(b)(l) 4 (A) and (B) of the Foreign Assistance Act of 1961, 5 as amended. 6 (3) The President may exercise the authority in 7 section 620K(e) of the Foreign Assistance Act of 8 1961, as added by the Palestinian Anti-Terrorism 9 Act of 2006 (Public Law 109-446) with respect to 10 this subsection. 11 (4) Whenever the certification pursuant to 12 paragraph (2) is exercised, the Secretary of State 13 shall submit a report to the Committees on Appro- 14 priations within 120 days of the certification and 15 every quarter thereafter on whether such govern- 16 ment, including all of its ministers or such equiva- 17 lent are continuing to comply with the principles 18 contained in section 620K(b)(l) (A) and (B) of the 19 Foreign Assistance Act of 1961, as amended: Pro- 20 vided, That the report shall also detail the amount, 21 purposes and delivery mechanisms for any assistance 22 provided pursuant to the abovementioned certifi- 23 cation and a full accounting of any direct support of 24 such government. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 175 1 ( 5) None of the funds appropriated under titles 2 III through VI of this Act may be obligated for as- 3 sistance for the Palestine Liberation Organization. 4 5 MIDDLE EAST AND NORTH AFRICA SEC. 7041. (a) EGYPT.- 6 (1) CERTIFICATION .AND REPORT.-Funds ap- 7 propriated by this Act that are available for assist- 8 ance for Egypt may be made available notwith- 9 standing any other provision of law restricting as- 10 sistance for Egypt, except for this subsection and 11 section 620M of the Foreign Assistance Act of 1961, 12 and may only be made available for assistance for 13 the Government of Egypt if the Secretary of State 14 certifies and reports to the Committees on Appro- 15 priations that such government is- 16 17 18 (A) sustaining the strategic relationship with the United States; and (B) meeting its obligations under the 1979 19 Egypt-Israel Peace Treaty. 20 (2) ECONOMIC SUPPORT FUND.- 21 (A) FUNDING.-Of the funds appropriated 22 by this Act under the heading "Economic Sup- 23 port Fund", up to $112,500,000 may be made 24 available for assistance for Egypt, of which not 25 less than $35,000,000 should be made available February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 176 1 for higher education programs including not 2 less than $10,000,000 for scholarships for 3 Egyptian students with high financial need to 4 attend not-for-profit institutions of higher edu- 5 cation: Provided, That such funds shall be made 6 available for democracy programs, and for de- 7 velopment programs in the Sinai: Provided fur- 8 ther, That such funds may not be made avail- 9 able for cash transfer assistance or budget sup- 10 port unless the Secretary of State certifies and 11 reports to the appropriate congressional com- 12 mittees that the Government of Egypt is taking 13 consistent and effective steps to stabilize the 14 economy and implement market-based economic 15 reforms. 16 (B) WITHHOLDING.-The Secretary of 17 State shall withhold from obligation funds ap- 18 propriated by this Act under the heading "Eco- 19 nomic Support Fund" for assistance for Egypt, 20 an amount of such funds that the Secretary de- 21 termines to be equivalent to that expended by 22 the United States Government for bail, and by 23 nongovernmental organizations for legal and 24 court fees, associated with democracy-related 25 trials in Egypt until the Secretary certifies and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 177 1 reports to the Committees on Appropriations 2 that the Government of Egypt has dismissed 3 the convictions issued by the Cairo Criminal 4 Court on June 4, 2013, in "Public Prosecution 5 Case No. 1110 for the Year 2012", and has not 6 subjected the defendants to further prosecution 7 or if convicted they have been granted full par- 8 dons. 9 (C) Lil\IITATION.-None of the funds ap- 10 propriated by this Act and prior Acts making 11 appropriations for the Department of State, 12 foreign operations, and related programs under 13 the heading "Economic Support Fund" may be 14 made available for a contribution, voluntary or 15 otherwise, to the "Civil Associations and Foun- 16 dations Support Fund", or any similar fund, es- 17 tablished pursuant to Law 70 on Associations 18 and Other Foundations Working in the Field of 19 Civil Work published in the Official Gazette of 20 Egypt on May 29, 2017. 21 (3) 22 FOREIGN MILITARY FINANCING PR0- GRAM.- 23 (A) CER'l'IFICATION.-Of the funds appro- 24 priated by this Act under the heading "Foreign 25 Military February 9, 2019 (2:13 p.m.) Financing Program'', up to SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 178 1 $1,300,000,000, to remam available until Sep- 2 tember 30, 2020, may be made available for as- 3 sistance for Egypt: Provided, That such funds 4 may be transferred to an interest bearing ac- 5 count in the Federal Reserve Bank of New 6 York, following consultation with the Commit- 7 tees on Appropriations: Provided further, That 8 $300,000,000 of such funds shall be withheld 9 from obligation until the Secretary of State cer- 10 tifies and reports to the Committees on Appro- 11 priations that the Government of Egypt is tak- 12 ing sustained and effective steps to- 13 (i) advance democracy and human 14 rights in Egypt, including to govern demo- 15 cratically and protect religious minorities 16 and the rights of women, which are in ad- 17 dition to steps taken during the previous 18 calendar year for such purposes; 19 (ii) implement reforms that protect 20 freedoms of expression, association, and 21 peaceful assembly, including the ability of 22 civil society organizations, human rights 23 defenders, and the media to function with- 24 out interference; February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 179 1 (iii) release political prisoners and 2 provide detainees with due process of law; 3 (iv) hold Egyptian security forces ac- 4 countable, including officers credibly al- 5 leged to have violated human rights; 6 (v) investigate and prosecute cases of 7 extrajudicial killings and forced disappear- 8 ances; and 9 (vi) provide regular access for United 10 States officials to monitor such assistance 11 in areas where the assistance is used: 12 Provided further, That the certification require- 13 ment of this paragraph shall not apply to funds 14 appropriated by this Act under such heading 15 for counterterrorism, border security, and non- 16 proliferation programs for Egypt. 17 (B) WAIVER-The Secretary of State may 18 waive the certification requirement in subpara- 19 graph (A) if the Secretary determines and re- 20 ports to the Committees on Appropriations that 21 to do so is important to the national security 22 interest of the United States, and submits a re- 23 port to such Committees containing a detailed 24 justification for the use of such waiver and the 25 reasons why any of the requirements of sub- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 180 1 paragraph (A) cannot be met, and including an 2 assessment of the compliance of the Govern- 3 ment of Egypt with United Nations Security 4 Council Resolution 2270 and other such resolu- 5 tions regarding North Korea: Provided, That 6 the report required by this paragraph shall be 7 submitted in unclassified form, but may be ac- 8 companied by a classified annex. 9 (4) OVERSIGHT REQUIREMENT.-The Secretary 10 of State shall take all practicable steps to ensure 11 that mechanisms are in place for monitoring, over- 12 sight, and control of funds made available by this 13 subsection for assistance for Egypt. 14 (5) CONSULTATION REQUIREMENT.-Not later 15 than 90 days after enactment of this Act, the Sec- 16 retary of State shall consult with the Committees on 17 Appropriations on any plan to restructure military 18 assistance for Egypt. 19 (b)IRAN.- 20 (1) FuNDING.-Funds appropriated by this Act 21 under the headings "Diplomatic Programs", "Eco- 22 nomic Support Fund", and "Nonproliferation, Anti- 23 terrorism, Demining and Related Programs" shall 24 be used by the Secretary of State- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 181 1 (A) to support the United States policy to 2 prevent Iran from achieving the capability to 3 produce or otherwise obtain a nuclear weapon; 4 (B) to support an expeditious response to 5 any violation of United Nations Security Coun- 6 cil Resolutions or to efforts that advance Iran's 7 nuclear program; 8 (C) to support the implementation and en- 9 forcement of sanctions against Iran for support 10 of nuclear weapons development, terrorism, 11 human rights abuses, and ballistic missile and 12 weapons proliferation; and 13 (D) for democracy programs for Iran, to 14 be administered by the Assistant Secretary for 15 Near Eastern Affairs, Department of State, in 16 consultation with the Assistant Secretary for 17 Democracy, Human Rights, and Labor, Depart- 18 ment of State. 19 (2) CONTINUATION OF PROHIBITION.-The 20 terms and conditions of section 7041(c)(2) of the 21 Department of State, Foreign Operations, and Re- 22 lated Programs Appropriations Act, 2012 (division I 23 of Public Law 112-74) shall continue in effect dur- 24 ing fiscal year 2019. 25 February 9, 2019 (2:13 p.m.) (3) REPORTS.- U:\2019CONF\DivF-SFOPS.xrnl SEN. APPRO. 182 1 (.A) SEMI-ANNUAL REPORT.-The Sec- 2 retary of State shall submit to the Committees 3 on .Appropriations the semi-annual report re- 4 quired by section 135 of the .Atomic Energy .Act 5 of 1954 (42 U.S.C. 2160e(d)(4)), as added by 6 section 2 of the Iran Nuclear .Agreement Re- 7 view .Act of 2015 (Public Law 114-17). 8 (B) SANCTIONS REPORT .-Not later than 9 180 days after the date of enactment of this 10 .Act, the Secretary of State, in consultation with 11 the Secretary of the Treasury, shall submit to 12 the appropriate congressional committees a re- 13 port on the status of the implementation and 14 enforcement of bilateral United States and mul- 15 tilateral sanctions against Iran and actions 16 taken by the United States and the inter- 17 national community to enforce such sanctions 18 against Iran: Provided, That the report shall 19 also include any entities involved in providing 20 significant support for the development of a 21 ballistic missile by the Government of Iran after 22 October 1, 2015, including shipping and financ- 23 ing, and note whether such entities are cur- 24 rently under United States sanctions: Provided 25 further, That such report shall be submitted in February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 183 1 an unclassified form, but may contain a classi- 2 fied annex if necessary. 3 (c) IRAQ.- 4 (1) PuRPOSES.-Funds appropriated under ti- 5 tles III and IV of this Act shall be made available 6 for assistance for Iraq for- 7 (A) bilateral economic assistance and inter- 8 national security assistance, including for the 9 Marla Ruzicka Iraqi War Victims Fund; 10 (B) stabilization assistance at not less than 11 the amounts specified for such purpose in the 12 table under this subsection in the joint explana- 13 tory statement accompanying this Act; (C) humanitarian assistance, including m 14 15 the Kurdistan Region of Iraq; and 16 (D) programs to protect and assist reli- 17 gious and ethnic minority populations in Iraq. 18 (2) BASING RIGHTS AGREEl\IENT.-None of the 19 funds appropriated or otherwise made available by 20 this Act may be used by the Government of the 21 United States to enter into a permanent basing 22 rights agreement between the United States and 23 Iraq. 24 (d) JORDAN .-Of the funds appropriated by this Act 25 under titles III and IV, not less than $1,525,000,000 shall February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 184 1 be made available for assistance for Jordan, of which: not 2 less than $1,082,400,000 shall be made available under 3 the heading "Economic Support Fund", of which not less 4 than $745,100,000 shall be made available for budget sup5 port for the Government of Jordan; and not less than 6 $425,000,000 shall be made available under the heading 7 "Foreign Military Financing Program". 8 (e) LEBANON.- 9 (1) LIMITATION.-None of the funds appro- 10 priated by this Act may be made available for the 11 Lebanese Internal Security Forces (ISF) or the Leb- 12 anese Armed Forces (LAF) if the ISF or the LAF 13 is controlled by a foreign terrorist organization, as 14 designated pursuant to section 219 of the Immigra- 15 tion and Nationality Act (8 U.S.C. 1189). 16 (2) CONSULTATION.-Funds appropriated by 17 this Act under the headings "International Narcotics 18 Control and Law Enforcement'' and ''Foreign Mili- 19 tary Financing Program" that are available for as- 20 sistance for Lebanon may be made available for pro- 21 grams and equipment for the ISF and the LAF to 22 address security and stability requirements in areas 23 affected by the conflict in Syria, following consulta- 24 tion with the appropriate congressional committees. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 185 1 (3) ECONOMIC SUPPORT FUND.-Funds appro- 2 priated by this Act under the heading "Economic 3 Support Fund" that are available for assistance for 4 Lebanon may be made available notwithstanding 5 section 1224 of the Foreign Relations Authorization 6 Act, Fiscal Year 2003 (Public Law 107-228; 22 7 U.S.C. 2346 note). 8 (4) FOREIGN MILITARY FINANCING PR0- 9 GRAM.-In addition to the activities described in 10 paragraph (2), funds appropriated by this Act under 11 the heading "Foreign Military Financing Program" 12 for assistance for Lebanon may be made available 13 only to professionalize the LAF and to strengthen 14 border security and combat terrorism, including 15 training and equipping the LAF to secure Lebanon's 16 borders, interdicting arms shipments, preventing the 17 use of Lebanon as a safe haven for terrorist groups, 18 and to implement United Nations Security Council 19 Resolution 1701: Provided, That funds may not be 20 obligated for assistance for the LAF until the Sec- 21 retary of State submits to the Committees on Appro- 22 priations a spend plan, including actions to be taken 23 to ensure equipment provided to the LAF is only 24 used for the intended purposes, except such plan 25 may not be considered as meeting the notification February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 186 1 requirements under section 7015 of this Act or 2 under section 634A of the Foreign Assistance Act of 3 1961, and shall be submitted not later than Sep- 4 tember 1, 2019: Provided further, That any notifica- 5 tion submitted pursuant to such sections shall in- 6 elude any funds specifically intended for lethal mili- 7 tary equipment. 8 (f) LIBYA.- 9 (1) ASSISTANCE.-Funds appropriated under 10 titles III and IV of this Act shall be made available 11 for stabilization assistance for Libya, including bor- 12 der security: Provided, That the limitation on the 13 uses of funds for certain infrastructure projects in 14 section 7041(f)(2) of the Department of State, For- 15 eign Operations, and Related Programs Appropria- 16 tions Act, 2014 (division K of Public Law 113-76) 17 shall apply to such funds. 18 (2) CERTIFICATION.-Prior to the initial obliga- 19 tion of funds made available by this Act for assist- 20 ance for Libya, the Secretary of State shall certify 21 and report to the Committees on Appropriations 22 that all practicable steps have been taken to ensure 23 that mechanisms are in place for monitoring, over- 24 sight, and control of such funds. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 187 1 (3) COOPERATION ON THE SEPTEMBER 2012 AT- 2 TACK ON UNITED STATES PERSONNEL 3 TIES.-None of the funds appropriated by this Act 4 may be made available for assistance for the central 5 Government of Libya unless the Secretary of State 6 certifies and reports to the Committees on Appro- 7 priations that such government is cooperating with 8 United States Government efforts to investigate and 9 bring to justice those responsible for the attack on 10 United States personnel and facilities in Benghazi, 11 Libya in September 2012: Provided, That the limita- 12 tion in this paragraph shall not apply to funds made 13 available for the purpose of protecting United States 14 Government personnel or facilities. 15 (g) MOROCC0.- 16 (1) AVAILABILITY AND AND F ACILI- CONSULTATION RE- 17 QUIREMENT .-Funds appropriated under title III of 18 this Act shall be made available for assistance for 19 the Western Sahara: Provided, That not later than 20 90 days after enactment of this Act and prior to the 21 obligation of such funds, the Secretary of State, in 22 consultation with the USAID Administrator, shall 23 consult with the Committees on Appropriations on 24 the proposed uses of such funds. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 188 1 (2) FOREIGN MILITARY FINANCING PR0- 2 GRAM.-Funds appropriated by this Act under the 3 heading "Foreign Military Financing Program" that 4 are available for assistance for Morocco may only be 5 used for the purposes requested in the Congressional 6 Budget Justification, Foreign Operations, Fiscal 7 Year 2017. 8 (h) REFUGEE ASSISTANCE IN NORTH AFRICA.-N ot 9 later than 45 days after enactment of this Act, the See- l O retary of State, after consultation with the United Nations 11 High Commissioner for Refugees and the Executive Direc12 tor of the World Food Programme, shall submit a report 13 to the Committees on Appropriations describing steps 14 taken to strengthen monitoring of the delivery of humani15 tarian assistance provided for refugees in North Africa, 16 including any steps taken to ensure that all vulnerable ref17 ugees are receiving such assistance. 18 (i) SYRL~.- 19 (1) NON-LETHAL ASSISTANCE.-Of the funds 20 appropriated by this Act under the headings ''Eco- 21 nomic Support E1 und", 22 Control and Law Enforcement", and "Peacekeeping 23 Operations", not less than $40,000,000 shall be 24 made available, notwithstanding any other provision 25 of law, for non-lethal stabilization assistance for February 9, 2019 (2:13 p.m.) "International Narcotics SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 189 1 Syria, of which not less than $7,000,000 shall be 2 made available for emergency medical and rescue re- 3 sponse and chemical weapons use investigations. 4 (2) SYRIAN ORGANIZATIONS.-Funds appro- 5 priated by this Act that are made available for as- 6 sistance for Syria shall be made available, on an 7 open and competitive basis, to continue to strength- 8 en the capability of Syrian civil society organizations 9 to address the immediate and long-term needs of the 10 Syrian people in Syria in a manner that supports 11 the sustainability of such organizations in imple- 12 menting Syrian-led humanitarian and development 13 programs: Provided, That funds made available by 14 this paragraph shall be administered by the Bureau 15 for Democracy, Human Rights, and Labor, Depart- 16 ment of State. 17 18 (3) LIMITATIONS.-Funds made available pursuant to paragraph (1) of this subsection- 19 (A) may not be made available for a 20 project or activity that supports or otherwise le- 21 gitimizes the Government of Iran, foreign ter- 22 rorist organizations (as designated pursuant to 23 section 219 of the Immigration and Nationality 24 Act (8 U.S.C. 1189)), or a proxy of Iran in 25 Syria; and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 190 1 (B) should not be used in areas of Syria 2 controlled by a government led by Bashar al- 3 Assad or associated forces. 4 (4) MONITORING AND OVERSIGHT .-Prior to 5 the obligation of funds appropriated by this Act and 6 made available for assistance for Syria, the Sec- 7 retary of State shall take all practicable steps to en- 8 sure that mechanisms are in place for monitoring, 9 oversight, and control of such assistance inside 10 11 Syria. (5) CONSULTATION AND NOTIFICATION.- 12 Funds made available pursuant to this subsection 13 may only be made available following consultation 14 with the appropriate congressional committees, and 15 shall be subject to the regular notification proce- 16 dures of the Committees on Appropriations. 17 (j) TUNISIA.-Of the funds appropriated under titles 18 III and IV of this Act, not less than $191,400,000 shall 19 be made available for assistance for Tunisia. 20 (k) WEST BANK AND GAZA.- 21 (1) REPORT ON ASSIST.ANCE.-Prior to the ini- 22 tial obligation of funds made available by this Act 23 under the heading "Economic Support Fund" for 24 assistance for the West Bank and Gaza, the Sec- 25 retary of State shall report to the Committees on February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 191 1 Appropriations that the purpose of such assistance 2 is to- 3 (A) advance Middle East peace; 4 (B) improve security in the region; 5 (C) continue support for transparent and 6 accountable government institutions; 7 (D) promote a private sector economy; or 8 (E) address urgent humanitarian needs. 9 (2) LIMITATIONS.- 10 (A)(i) None of the funds appropriated 11 under the heading "Economic Support Fund" 12 in this Act may be made available for assistance 13 for the Palestinian Authority, if after the date 14 of enactment of this Act- 15 (I) the Palestinians obtain the same 16 standing as member states or full member- 17 ship as a state in the United Nations or 18 any specialized agency thereof outside an 19 agreement negotiated between Israel and 20 the Palestinians; or 21 (II) the Palestinians initiate an Inter- 22 national Criminal Court (ICC) judicially 23 authorized investigation, or actively sup- 24 port such an investigation, that subjects February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 192 1 Israeli nationals to an investigation for al- 2 leged crimes against Palestinians. 3 (ii) The Secretary of State may waive the 4 restriction in clause (i) of this subparagraph re- 5 sulting from the application of subclause (I) of 6 such clause if the Secretary certifies to the 7 Committees on Appropriations that to do so is 8 in the national security interest of the United 9 States, and submits a report to such Commit- 10 tees detailing how the waiver and the continu- 11 ation of assistance would assist in furthering 12 Middle East peace. 13 (B)(i) The President may waive the provi- 14 sions of section 1003 of the Foreign Relations 15 Authorization Act, Fiscal Years 1988 and 1989 16 (Public Law 100-204) if the President deter- 17 mines and certifies in writing to the Speaker of 18 the House of Representatives, the President pro 19 tempore of the Senate, and the appropriate con- 20 gressional committees that the Palestinians 21 have not, after the date of enactment of this 22 Act- 23 (I) obtained in the United Nations or 24 any specialized agency thereof the same 25 standing as member states or full member- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 193 1 ship as a state outside an agreement nego- 2 tiated between Israel and the Palestinians; 3 and 4 (II) initiated or actively supported an 5 ICC investigation against Israeli nationals 6 for alleged crimes against Palestinians. 7 (ii) Not less than 9 0 days after the Presi- 8 dent is unable to make the certification pursu- 9 ant to clause (i) of this subparagraph, the 10 President may waive section 1003 of Public 11 Law 100-204 if the President determines and 12 certifies in writing to the Speaker of the House 13 of Representatives, the President pro tempore 14 of the Senate, and the Committees on Appro- 15 priations that the Palestinians have entered 16 into direct and meaningful negotiations with 17 Israel: Provided, That any waiver of the provi- 18 sions of section 1003 of Public Law 100-204 19 under clause (i) of this subparagraph or under 20 previous provisions of law must expire before 21 the waiver under the preceding sentence may be 22 exercised. 23 (iii) Any waiver pursuant to this subpara- 24 graph shall be effective for no more than a pe- 25 riod of 6 months at a time and shall not apply February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 194 1 beyond 12 months after the enactment of this 2 Act. 3 (3) REDUCTION.-The Secretary of State shall 4 reduce the amount of assistance made available by 5 this Act under the heading "Economic Support 6 Fund" for the Palestinian Authority by an amount 7 the Secretary determines is equivalent to the amount 8 expended by the Palestinian Authority, the Palestine 9 Liberation Organization, and any successor or affili- 10 ated organizations with such entities as payments 11 for acts of terrorism by individuals who are impris- 12 oned after being fairly tried and convicted for acts 13 of terrorism and by individuals who died committing 14 acts of terrorism during the previous calendar year: 15 Provided, That the Secretary shall report to the 16 Committees on Appropriations on the amount re- 17 duced for fiscal year 2019 prior to the obligation of 18 funds for the Palestinian Authority. 19 (4) PRIVATE SECTOR PARTNERSHIP PR0- 20 GRAMS.-Funds appropriated by this Act and prior 21 Acts making appropriations for the Department of 22 State, foreign operations, and related programs may 23 be made available for private sector partnership pro- 24 grams for the West Bank and Gaza if such funds 25 are authorized: Provided, That funds made available February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 195 1 pursuant to this paragraph shall be subject to prior 2 consultation with the appropriate congressional com- 3 mittees, and the regular notification procedures of 4 the Committees on Appropriations. 5 (5) SECURITY REPORT .-The reporting require- 6 ments in section 1404 of the Supplemental Appro- 7 priations Act, 2008 (Public Law 110-252) shall 8 apply to funds made available by this Act, including 9 a description of modifications, if any, to the security 10 strategy of the Palestinian Authority. 11 (6) INCITEMENT REPORT.-Not later than 90 12 days after enactment of this Act, the Secretary of 13 State shall submit a report to the appropriate con- 14 gressional committees detailing steps taken by the 15 Palestinian Authority to counter incitement of vio- 16 lence against Israelis and to promote peace and co- 17 existence with Israel. 18 (1) YEMEN.-Funds appropriated by this Act under 19 the heading "Economic Support Fund" shall be made 20 available for stabilization assistance for Yemen. 21 22 AFRICA SEC. 7042. (a) AFRICAN GREAT LAKES REGION As- 23 SISTANCE RESTRICTION.-Funds appropriated by this Act 24 under the heading ''International Military Education and 25 Training" for the central government of a country in the February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 196 1 African Great Lakes region may be made available only 2 for Expanded International Military Education and Train3 ing and professional military education until the Secretary 4 of State determines and reports to the Committees on Ap5 propriations that such government is not facilitating or 6 otherwise participating in destabilizing activities in a 7 neighboring country, including aiding and abetting armed 8 groups. 9 (b) CENTRAL AFRICAN REPUBLIC.-Funds made 10 available by this Act for assistance for the Central African 11 Republic shall be made available for reconciliation and 12 peacebuilding programs, including activities to promote 13 inter-faith dialogue at the national and local levels, and 14 for programs to prevent crimes against humanity. 15 (c) COUNTER LORD'S RESISTANCE ARMY.-Funds 16 appropriated by this Act shall be made available for pro17 grams and activities in areas affected by the Lord's Re18 sistance Army (LRA) consistent with the goals of the 19 Lord's Resistance Army Disarmament and Northern 20 Uganda Recovery Act of 2009 (Public Law 111-172), in21 eluding to improve physical access, telecommunications in22 frastructure, and early-warning mechanisms and to sup23 port the disarmament, demobilization, and reintegration 24 of former LRA combatants, especially child soldiers. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 197 1 (d) LAKE CHAD BASIN COUNTRIES.-Funds appro- 2 priated under titles III and IV of this .Act shall be made 3 available, following consultation with the Committees on 4 .Appropriations, for assistance for Cameroon, Chad, Niger, 5 and Nigeria for6 7 (1) democracy, development, and health pro- grams; 8 (2) assistance for individuals targeted by for- 9 eign terrorist and other extremist organizations, in- 10 . eluding Boko Haram, consistent with the provisions 11 12 13 14 15 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 16 under the heading ''Development .Assistance'', not less 17 than $56,000,000 shall be made available for assistance 18 for Malawi, of which up to $10,000,000 shall be made 19 available for higher education programs. 20 (f) SOUTH SUDAN.-Funds appropriated by this Act 21 that are made available for assistance for the central Gov22 ernment of South Sudan may only be made available, fol23 lowing consultation with the Committees on .Appropria24 tions, for25 February 9, 2019 (2: 13 p.m.) (1) humanitarian assistance; SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 198 1 2 (2) health programs, including to prevent, detect, and respond to the Ebola virus disease; 3 (3) assistance to support South Sudan peace 4 negotiations or to advance or implement a peace 5 agreement; and 6 (4) assistance to support. implementation of 7 outstanding issues of the Comprehensive Peace 8 Agreement and mutual arrangements related to such 9 agreement: 10 Provided, That of the funds appropriated by this Act for 11 assistance for South Sudan, not less than $7,000,000 12 shall be made available for conflict mitigation and rec13 onciliation programs: Provided further, That prior to the 14 initial obligation of funds made available pursuant to 15 paragraphs (3) and (4), the Secretary of State shall con16 sult with the Committees on Appropriations on the in17 tended uses of such funds and steps taken by such govern18 ment to advance or implement a peace agreement. 19 20 21 (g) SUDAN.(1) LIMITATIONS.(A) ASSISTANCE .-Notwithstanding any 22 other provision of law, none of the funds appro- 23 priated by this Act may be made available for 24 assistance for the Government of Sudan. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 199 1 (B) LOANS.-None of the funds appro- 2 priated by this Act may be made available for 3 the cost, as defined in section 502 of the Con- 4 gressional Budget Act of 197 4, of modifying 5 loans and loan guarantees held by the Govern- 6 ment of Sudan, including the cost of selling, re- 7 ducing, or canceling amounts owed to the 8 United 9 loans, guarantees, and credit agreements. 10 11 States, and modifying concessional (2) EXCLUSIONS.-The limitations of paragraph (1) shall not apply to- 12 (A) humanitarian assistance; 13 (B) assistance for democracy programs; 14 (C) assistance for the Darfur region, 15 Southern Kordofan State, Blue Nile State, 16 other marginalized areas and populations in 17 Sudan, and Abyei; and 18 (D) assistance to support implementation 19 of outstanding issues of the Comprehensive 20 Peace Agreement, mutual arrangements related 21 to post-referendum issues associated with such 22 Agreement, or any other internationally recog- 23 nized viable peace agreement in Sudan. 24 February 9, 2019 (2:13 p.m.) (h) ZIMBABWE.- U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 200 1 (1) INSTRUCTION.-The Secretary of the Treas- 2 ury shall instruct the United States executive direc- 3 tor of each international financial institution to vote 4 against any extension by the respective institution of 5 any loan or grant to the Government of Zimbabwe, 6 except to meet basic human needs or to promote de- 7 mocracy, unless the Secretary of State certifies and 8 reports to the Committees on Appropriations that 9 the rule of law has been restored, including respect 10 for ownership and title to property, and freedoms of 11 expression, association, and assembly. 12 (2) LIMITATION.-None of the funds appro- 13 priated by this Act shall be made available for as- 14 sistance for the central Government of Zimbabwe, 15 except for health and education, unless the Secretary 16 of State certifies and reports as required in para- 17 graph (1), and funds may be made available for 18 macroeconomic growth assistance if the Secretary 19 reports to the Committees on Appropriations that 20 such government is implementing transparent fiscal 21 policies, including public disclosure of revenues from 22 the extraction of natural resources. 23 24 25 February 9, 2019 (2:13 p.m.) EAST ASIA AND THE PACIFIC SEC. 7043. (a) BURl\L'\.(1) BILATERAL ECONOMIC ASSISTANCE.- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 201 1 (A) ECONOMIC SUPPORT FUND.-Funds 2 appropriated by this Act under the heading 3 "Economic Support Fund" for assistance for 4 Burma may be made available notwithstanding 5 any other provision of law, except for this sub- 6 section, and following consultation with the ap- 7 propriate congressional committees. 8 9 10 (B) U SES.-Funds appropriated under title III of this Act for assistance for Burma(i) shall be made available to 11 strengthen civil society organizations m 12 Burma and for programs to strengthen 13 independent media; 14 (ii) shall be made available for com- 15 munity-based organizations operating in 16 Thailand to provide food, medical, and 17 other humanitarian assistance to internally 18 displaced persons in eastern Burma, in ad- 19 dition to assistance for Burmese refugees 20 from funds appropriated by this Act under 21 the heading "Migration and Refugee As- 22 sistance"; 23 (iii) shall be made available for pro- 24 grams to promote ethnic and religious tol- 25 erance and to combat gender-based vio- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 202 1 lence, including in Rakhine, Shan, Kachin, 2 and Karen states; 3 (iv) shall be made available to pro- 4 mote 5 Burma, including through microfinance 6 programs; rural economic development m 7 (v) shall be made available to increase 8 opportunities for foreign direct investment 9 by strengthening the rule of law, trans- 10 parency, and accountability; 11 (vi) shall be made available for pro- 12 grams to investigate and document allega- 13 tions of ethnic cleansing and other gross 14 violations 15 against the Rohingya people in Rakhine 16 state: Provided, That such sums shall be in 17 addition to funds otherwise made available 18 for such purposes; of human rights committed 19 (vii) shall be made available for pro- 20 grams to investigate and document allega- 21 tions of gross violations of human rights 22 committed in Burma, particularly in areas 23 of conflict; and 24 (viii) may be made available for ethnic 25 groups and civil society in Burma to help February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 203 1 sustain ceasefire agreements and further 2 prospects for reconciliation and peace, 3 which may include support to representa- 4 tives of ethnic armed groups for this pur- 5 pose. 6 (C) LIMITATIONS.-Funds appropriated 7 under title III of this Act for assistance for 8 Burma- 9 (i) may not be made available to any 10 individual or organization if the Secretary 11 of State has credible information that such 12 individual or organization has committed a 13 gross violation of human rights, including 14 against 15 groups, or that advocates violence against 16 ethnic or religious groups or individuals in 17 Burma; Rohingya and other minority 18 (ii) may not be made available to any 19 organization or entity controlled by the 20 armed forces of Burma; 21 (iii) may only be made available for 22 programs 23 Rohingya, Karen, and other refugees and 24 internally displaced persons to their loca- 25 tions of origin or preference in Burma if February 9, 2019 (2:13 p.m.) to support the return of SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 204 1 such returns are voluntary and consistent 2 with international law; and 3 (iv) may only be made available for 4 assistance for the Government of Burma to 5 support the implementation of Nationwide 6 Ceasefire Agreement conferences, commit- 7 tees, and other procedures if the Secretary 8 of State reports to the Committees on Ap- 9 propriations that such procedures are di- 10 rected toward a sustainable peace and the 11 Government of Burma is implementing its 12 commitments under such Agreement. 13 (2) INTERNATIONAL SECURITY ASSISTANCE.- 14 None of the funds appropriated by this Act under 15 the headings "International Military Education and 16 Training'' and ''Foreign Military Financing Pro- 17 gram'' may be made available for assistance for 18 Burma: Provided, That the Department of State 19 may continue consultations with the armed forces of 20 Burma only on human rights and disaster response 21 in a manner consistent with the prior fiscal year, 22 and following consultation with the appropriate con- 23 gressional committees. 24 February 9, 2019 (2:13 p.m.) (3) PROGRAMS AND RESPONSIBILITIES.- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 205 1 (A) Any new program or activity in Burma 2 initiated in fiscal year 2019 shall be subject to 3 prior consultation with the appropriate congres- 4 sional committees. 5 (B) The United States Chief of Mission in 6 Burma, in consultation with the Assistant Sec- 7 retary for Democracy, Human Rights, and 8 Labor, Department of State, shall be respon- 9 sible for democracy and human rights programs 10 11 12 in Burma. (b) CAMBODIA.- (1) ASSIST.A.1~CE.- 13 (A) None of the funds appropriated by this 14 Act that are made available for assistance for 15 the Government of Cambodia, except for health 16 programs, may be obligated or expended unless 17 the Secretary of State certifies and reports to 18 the Committees on Appropriations that such 19 Government is taking effective steps to- 20 (i) strengthen regional security and 21 stability, particularly regarding territorial 22 disputes in the South China Sea and the 23 enforcement of international sanctions with 24 respect to North Korea; and February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 206 1 (ii) respect the rights and responsibil- 2 ities enshrined in the Constitution of the 3 Kingdom of Cambodia as enacted in 1993, 4 including through the- 5 (I) restoration of the civil and 6 political rights of the opposition Cam- 7 bodia National Rescue Party, media, 8 and civil society organizations; 9 (II) restoration of all elected offi- 10 cials to elected offices held prior to 11 the July 2018 parliamentary elections; 12 and 13 (III) release of all political pris- 14 oners, including journalists, civil soci- 15 ety activists, and members of the op- 16 position political party. 17 (B) Funds appropriated under title III of 18 this Act for assistance for Cambodia shall be 19 made available for- 20 (i) democracy programs, including re- 21 search and education programs associated 22 with the Khmer Rouge in Cambodia, ex- 23 cept that no funds for such purposes may 24 be made available to the Extraordinary 25 Chambers in the Court of Cambodia; and February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 207 1 (ii) programs in the Khmer language 2 to counter the influence of the People's Re- 3 public of China in Cambodia. 4 (2) VISA RESTRICTION.-Funds appropriated 5 under title I of this Act shall be made available to 6 continue to implement the policy ·announced by the 7 Department of State on December 6, 2017, to re- 8 strict the issuance of visas to enter the United 9 States to individuals involved in undermining democ- 10 racy in Cambodia, including the family members of 11 such individuals, as appropriate: Provided, That not 12 later than 30 days after enactment of this Act, the 13 Secretary of State shall submit a report to the ap- 14 propriate congressional committees describing the 15 implementation of such policy. 16 (c) INDO-PACIFIC STRATEGY.-Of the funds appro- 17 priated by this Act, not less than $160,000,000 shall be 18 made available to support the implementation of the Indo19 Pacific Strategy: Provided, That such funds are in addi20 tion to amounts otherwise made available for such pur21 poses. 22 (d) NORTH KOREA.- 23 (1) CYBERSECURITY.-None of the funds ap- 24 propriated by this Act and prior Acts making appro- 25 priations for the Department of State, foreign aper- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 208 1 ations, and related programs may be made available 2 for assistance for the central government of a coun- 3 try the Secretary of State determines and reports to 4 the appropriate congressional committees engages in 5 significant transactions contributing materially to 6 the malicious cyber-intrusion capabilities of the Gov- 7 ernment of North Korea: Provided, That the Sec- 8 retary of State shall submit the report required by 9 section 209 of the North Korea Sanctions and Policy 10 Enhancement Act of 2016 (Public Law 114-122; 22 11 U.S.C. 9229), as amended, to the Committees on 12 Appropriations in the manner described in subpara- 13 graph (2)(A) of such section: Provided further, That 14 the Secretary of State may waive the application of 15 the restriction in this paragraph with respect to as- 16 sistance for the central government of a country if 17 the Secretary determines and reports to the appro- 18 priate congressional committees that to do so is im- 19 portant to the national security interest of the 20 United States, including a description of such inter- 21 est served. 22 (2) BROADCASTS.-Funds appropriated by this 23 Act under the heading "International Broadcasting 24 Operations" shall be made available to maintain February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 209 1 broadcasting hours into North Korea at levels not 2 less than the prior fiscal year. 3 (3) REFUGEES.-Funds appropriated by this 4 Act under the heading "Migration and Refugee As- 5 sistance" should be made available for assistance for 6 refugees from North Korea, including protection ac- 7 tivities in the People's Republic of China and other 8 countries in Asia. 9 10 (4) HUMAN RIGHTS PROMOTION, DAT.ABASE, AND LIMITATION ON USE OF FUNDS.- 11 (A) HUJ\IAN RIGHTS PROMOTION.-Funds 12 appropriated by this Act under the headings 13 "Economic Support Fund" and "Democracy 14 }1...,und'' shall be made available for the pro- 15 motion of human rights in North Korea: Pro- 16 vided, That the authority of section 7032(b) of 17 this Act shall apply to such funds. 18 (B) DAT.ABASE.-Funds appropriated by 19 this Act under title III shall be made available 20 to maintain a database of prisons and gulags in 21 North 22 7032(i) of the Department of State, Foreign 23 Operations, and Related Programs Appropria- 24 tions Act, 2014 (division K of Public Law 113- 25 76). February 9, 2019 (2:13 p.m.) Korea, in accordance with section SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 210 1 (C) LrMrrATION.-None of the funds made 2 available by this Act under the heading "Eco- 3 nomic Support Fund" may be made available 4 for assistance for the Government of North 5 ICorea. 6 (e) PEOPLE'S REPUBLIC OF CHIN.A.- 7 (1) LIMITATION ON USE OF FUNDS.-None of 8 the funds appropriated under the heading "Diplo- 9 matic Programs" in this Act may be obligated or ex- 10 pended for processing licenses for the export of sat- 11 ellites of United States origin (including commercial 12 satellites and satellite components) to the People's 13 Republic of China (PRC) unless, at least 15 days in 14 advance, the Committees on Appropriations are noti- 15 fied of such proposed action. 16 (2) PEOPLE'S LIBERATION ARMY.-The terms 17 and requirements of section 620(h) of the Foreign 18 Assistance Act of 19 61 shall apply to foreign assist- 19 ance projects or activities of the People's Liberation 20 Army (PLA) of the PRC, to include such projects or 21 activities by any entity that is owned or controlled 22 by, or an affiliate of, the PLA: Provided, That none 23 of the funds appropriated or otherwise made avail- 24 able pursuant to this Act may be used to finance 25 any grant, contract, or cooperative agreement with February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 211 1 the PLA, or any entity that the Secretary of State 2 has reason to believe is owned or controlled by, or 3 an affiliate of, the PLA. 4 S (3) AUTHORITY AND NOTIFICATION REQUIRE- MENT.- 6 (A) AUTHORITY.-The uses of funds made 7 available by this Act for the promotion of de- 8 mocracy in the PRC, except for funds made 9 available under subsection (g), shall be the re- lO sponsibility of the Assistant Secretary for De- 11 mocracy, Human Rights, and Labor, Depart- 12 ment of State. 13 (B) NOTIFICATION.-Funds appropriated 14 by this Act that are made available for trilateral 15 programs conducted with the PRC shall be sub- 16 ject to the regular notification procedures of the 17 Committees on Appropriations. 18 (f) PHILIPPINES.-None of the funds appropriated 19 by this Act under the heading "International Narcotics 20 Control and Law Enforcement" may be made available for 21 counternarcotics assistance for the Philippines, except for 22 drug demand reduction, maritime law enforcement, or 23 transnational interdiction. 24 February 9, 2019 (2:13 p.m.) (g) TIBET.- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 212 1 (1) FINANCING OF PROJECTS IN TIBET.-The 2 Secretary of the Treasury should instruct the United 3 States executive director of each international finan- 4 cial institution to use the voice and vote of the 5 United States to support financing of projects in 6 Tibet if such projects do not provide incentives for 7 the migration and settlement of non-Tibetans into 8 Tibet or facilitate the transfer of ownership of Ti- 9 betan land and natural resources to non-Tibetans, 10 are based on a thorough needs-assessment, foster 11 self-sufficiency of the Tibetan people and respect Ti- 12 betan culture and traditions, and are subject to ef- 13 fective monitoring. 14 (2) PROGRAMS FOR TIBETAN COMMUNITIES.- 15 (A) TIBET AUTONOMOUS REGION.-Not- 16 withstanding any other provision of law, of the 17 funds appropriated by this Act under the head- 18 ing "Economic Support Fund", not less than 19 $8,000,000 shall be made available to non- 20 governmental organizations to support activities 21 which preserve cultural traditions and promote 22 sustainable development, education, and envi- 23 ronmental conservation in Tibetan communities 24 in the Tibet Autonomous Region and in other 25 Tibetan communities in China. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 213 1 (B) INDIA AND NEPAL.-Of the funds ap- 2 propriated by this Act under the heading "Eco- 3 nom1c 4 $6,000,000 shall be made available for pro- 5 grams to promote and preserve Tibetan culture, 6 development, and the resilience of Tibetan com- 7 munities in India and Nepal, and to assist in 8 the education and development of the next gen- 9 eration of Tibetan leaders from such commu- 10 nities: Provided, That such funds are in addi- 11 tion to amounts made available m subpara- 12 graph (A) for programs inside Tibet. Support Fund'', not less than 13 (C) TIBETAN GOYERNANCE.-Of the funds 14 appropriated by this Act under the heading 15 "Economic Support Fund", 16 $3,000,000 shall be made available for pro- 17 grams to strengthen the capacity of Tibetan in- 18 stitutions and governance. 19 20 not less than (h) VIETNAM.(1) DIOXIN REMEDIATION.-Notwithstanding 21 any other provision of law, of the funds appropriated 22 by this Act under the heading "Economic Support 23 Fund", not less than $20,000,000 shall be made 24 available for activities related to the remediation of 25 dioxin contaminated sites in Vietnam and may be February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 214 1 made available for assistance for the Government of 2 Vietnam, including the military, for such purposes. 3 (2) HEALTH AND DISABILITY PROGRAl\IS.-Of 4 the funds appropriated by this Act under the head- 5 1ng 6 $12,500,000 shall be made available for health and 7 disability programs in areas sprayed with Agent Or- 8 ange and otherwise contaminated with dioxin, to as- 9 sist individuals with severe upper or lower body mo- 10 bility impairment or cognitive or developmental dis- 11 abilities. "Development Assistance", not less than 12 (3) RECONCILL~TION PROGRAMS.-Funds ap- 13 propriated by this Act under the heading "Economic 14 Support Fund" that are made available for assist- 15 ance for Vietnam shall be made available for rec- 16 onciliation programs to address war legacy issues. 17 SOUTH AND CENTRAL ASIA 18 SEC. 7044. (a) AFGHANISTAN.- 19 (1) FUNDING AND LIMITATIONS.-Funds ap- 20 propriated by this Act under the headings "Eco- 21 nomic Support Fund" and "International Narcotics 22 Control and Law Enforcement" that are made avail- 23 able for assistance for Mghanistan- 24 (A) shall be made available to implement 25 the South Asia Strategy, the Revised Strategy February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 215 1 for United States Engagement in Afghanistan, 2 and the United States Agency for International 3 Development Country Development Cooperation 4 Strategy for Afghanistan; 5 (B) shall be made available for programs 6 m support of such strategies that protect and 7 strengthen the rights of women and girls and 8 promote the political and economic empower- 9 ment of women, including their meaningful in- 10 clusion in political processes: Provided, That 11 such assistance to promote the economic em- 12 powerment of women shall be made available as 13 grants to Afghan organizations, to the max- 14 imum extent practicable; and 15 16 (C) may not be made available for any program, project, or activity that- 17 (i) cannot be sustained, as appro- 18 priate, by the Government of Afghanistan 19 or another Afghan entity; 20 (ii) is not accessible for the purposes 21 of conducting effective oversight in accord- 22 ance with applicable Federal statutes and 23 regulations; 24 25 February 9, 2019 (2:13 p.m.) (iii) initiates any new, maJor infrastructure development; or U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 216 1 (iv) includes the participation of any 2 Afghan individual, organization, or govern- 3 ment entity if the Secretary of State has 4 credible information that such individual, 5 organization, or entity is knowingly in- 6 volved in acts of grand corruption, illicit 7 narcotics production or trafficking, or has 8 committed a gross violation of human 9 rights. 10 (2) AUTHORITIES.- 11 (A) Funds appropriated by this Act under 12 title III through VI that are made available for 13 assistance for Afghanistan may be made avail- 14 able- 15 (i) notwithstanding section 7012 of 16 this Act or any similar provision of law 17 and section 660 of the Foreign Assistance 18 Act of 1961; 19 (ii) for reconciliation programs and 20 disarmament, 21 integration activities for former combat- 22 ants who have renounced violence against 23 the Government of Afghanistan, including 24 m 25 7046(a)(2)(B)(ii) of the Department of February 9, 2019 (2:13 p.m.) demobilization, accordance with and re- section SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 217 1 State, Foreign Operations, and Related 2 Programs Appropriations Act, 2012 (divi- 3 sion I of Public Law 112-74); and 4 (iii) for an endowment to empower 5 women and girls. 6 (B) Section 7046(a)(2)(A) of the Depart- 7 ment of State, Foreign Operations, and Related 8 Programs Appropriations Act, 2012 (division I 9 of Public Law 112-7 4) shall apply to funds ap- 10 propriated by this Act for assistance for Af- 11 ghanistan. 12 (3) BASING RIGHTS AGREEMENT.-None of the 13 funds made available by this Act may be used by the 14 United States Government to enter into a perma- 15 nent basing rights agreement between the United 16 States and Afghanistan. 17 (b) NEPAL.- 18 (1) ASSISTANCE.-Of the funds appropriated 19 under titles III and IV of this Act, not less than 20 $124,580,000 shall be made available for assistance 21 for Nepal, including for earthquake recovery and re- 22 construction programs. 23 (2) FOREIGN MILITARY FINANCING PR0- 24 GRAM.-Funds appropriated by this Act under the 25 heading "Foreign Military Financing Program" February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 218 1 shall only be made available for humanitarian and 2 disaster relief and reconstruction activities in Nepal, 3 and in support of international peacekeeping oper- 4 ations: Provided, That such funds may only be made 5 available for any additional uses if the Secretary of 6 State certifies and reports to the Committees on Ap- 7 propriations that the Government of Nepal is inves- 8 tigating and prosecuting violations of human rights 9 and the laws of war, and the Nepal Army is cooper- 10 ating fully with civilian judicial authorities in such 11 cases. 12 (c) PAKIST.AN.- 13 (1) INTERNATIONAL SECURITY ASSISTANCE.- 14 (A) LIMITATION .-Funds appropriated by 15 this Act under the heading "Foreign Military 16 Financing Program" for assistance for Paki- 17 stan may be made available only to support 18 counterterrorism and counterinsurgency capa- 19 bilities in Pakistan. 20 (B) CONSULTATION.-Not later than 30 21 days after enactment of this Act, and prior to 22 the submission of the report required by section 23 653(a) of the Foreign Assistance Act of 1961, 24 the Secretary of State shall consult with the 25 Committees on Appropriations on the amount February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 219 1 of funds appropriated by this Act under the 2 heading "Foreign Military Financing Program" 3 that is anticipated to be subject to the January 4 2018 policy decision of the United States to 5 suspend security assistance for Pakistan, or any 6 subsequent policy decision affecting such assist- 7 ance: 8 promptly inform the appropriate congressional 9 committees in writing of any changes to such 10 policy, the justification for such changes, and 11 the progress made by the Government of Paki- 12 stan in meeting the counterterrorism objectives 13 described under this section in Senate Report 14 115-282. 15 Provided, (C) That the Secretary REPROGRAMMING.-Funds shall appro- 16 priated by this Act and prior Acts making ap- 17 propriations for the Department of State, for- 18 eign operations, and related programs under 19 the heading "Foreign Military Financing Pro- 20 gram" for assistance for Pakistan that are 21 withheld from obligation or expenditure by the 22 Department of State may be reprogrammed by 23 the Secretary of State, except that no such 24 funds may be reprogrammed that are required 25 to complete payment on existing and previously February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 220 1 approved contracts: Provided, That such re- 2 programming shall be subject to the regular no- 3 tification procedures of the Committees on Ap- 4 propriations. 5 (2) BILATERAL ECONOMIC ASSISTANCE RE- 6 PORT.-Prior to the obligation of funds made avail- 7 able by this Act under the heading "Economic Sup- 8 port Fund" for assistance for the central Govern- 9 ment of Pakistan, the Secretary of State shall sub- 10 mit a report to the appropriate congressional com- 11 mittees detailing- 12 (A) the amount of financing and other 13 support, if any, provided by the Government of 14 Pakistan to schools supported by, affiliated 15 with, or run by the Taliban or any domestic or 16 foreign terrorist organization in Pakistan; 17 (B) the extent of cooperation by such gov- 18 ernment in issuing visas in a timely manner for 19 United States visitors, including officials and 20 representatives of nongovernmental organiza- 21 tions, engaged in assistance and security pro- 22 grams in Pakistan; 23 (C) the extent to which such government is 24 providing humanitarian organizations access to 25 detainees, February 9, 2019 (2:13 p.m.) internally displaced persons, and SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 221 1 other Pakistani civilians affected by conflict in 2 Pakistan and the region; and 3 (D) the extent to which such government is 4 strengthening democracy in Pakistan, including 5 protecting freedom of expression, assembly, and 6 religion. 7 (3) AUTHORITY AND USES OF FUNDS.- 8 (A) Funds appropriated by this Act for as- 9 sistance for Pakistan may be made available 10 notwithstanding any other provision of law, ex- 11 cept for section 620M of the Foreign Assistance 12 Act of 1961. 13 (B) Funds appropriated by this Act for as- 14 sistance for Pakistan that are made available 15 for infrastructure projects shall be implemented 16 in a manner consistent with section 507(6) of 17 the Trade Act of 1974 (19 U.S.C. 2467(6)). 18 (C) The authorities and directives of sec- 19 tion 7044(d)(4) of the Department of State, 20 Foreign Operations, and Related Programs Ap- 21 propriations Act, 2015 (division J of Public 22 Law 23 women shall apply to funds appropriated by 24 this Act for assistance for Pakistan, following February 9, 2019 (2:13 p.m.) 113-235) regarding scholarships for SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 222 1 consultation with the Committees on Appropria- 2 tions. 3 (D) Funds appropriated by this Act under 4 the headings "Economic Support Fund" and 5 "Nonproliferation, 6 and Related Programs" that are made available 7 for assistance for Pakistan shall be made avail- 8 able to interdict precursor materials from Paki- 9 stan to Afghanistan that are used to manufac- 10 ture improvised explosive devices and for agri- 11 culture extension programs that encourage al- 12 ternative fertilizer use among Pakistani farmers 13 to decrease the dual use of fertilizer in the 14 manufacturing of improvised explosive devices. Anti-terrorism, Demining 15 (E) Of the funds appropriated by this Act 16 under the heading "International Narcotics 17 Control and Law Enforcement" that are made 18 available for assistance for Pakistan, not less 19 than $15,000,000 shall be made available for 20 border security programs in Pakistan, following 21 consultation with the Committees on Appropria- 22 tions. 23 (F) Funds appropriated by title III of this 24 Act shall be made available for programs to 25 promote democracy in Pakistan. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.:xml 223 1 (4) WITHHOLDING.-Of the funds appropriated 2 under titles III and IV of this Act that are made 3 available for assistance for Pakistan, $33,000,000 4 shall be withheld from obligation until the Secretary 5 of State reports to the Committees on Appropria- 6 tions that Dr. Shakil Afridi has been released from 7 prison and cleared of all charges relating to the as- 8 sistance provided to the United States in locating 9 Osama bin Laden. 10 (5) OvERSIGHT.-The Secretary of State shall 11 take all practicable steps to ensure that mechanisms 12 are in place for monitoring, oversight, and control of 13 funds made available by this subsection for assist- 14 ance for Pakistan: Provided, That the Secretary 15 shall inform the Committees on Appropriations of 16 such steps in a timely manner. 17 (d) SRI LANKA.- 18 (1) BII1..i\._TERAL ECONOl\IIC ASSISTANCE.- 19 Funds appropriated under title III of this Act shall 20 be made available for assistance for Sri Lanka for 21 economic development and democracy programs, 22 particularly in areas recovering from ethnic and reli- 23 gious conflict: Provided, That such funds shall be 24 made available for programs to assist in the identi- 25 fication and resolution of cases of missing persons. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 224 1 (2) CERTIFICATION.-Funds appropriated by 2 this Act for assistance for the central Government of 3 Sri Lanka, except for funds made available for hu- 4 manitarian assistance and victims of trauma, may be 5 made available only if the Secretary of State certifies 6 and reports to the Committees on Appropriations 7 that the Government of Sri Lanka is- 8 (A) repealing laws that do not comply with 9 international standards for arrest and detention 10 by security forces, and ensuring that any suc- 11 cessor legislation meets such standards; 12 13 (B) increasing accountability and trans- parency m governance; 14 (C) investigating allegations of arbitrary 15 arrest and torture, and supporting a credible 16 justice mechanism in compliance with United 17 Nations Human Rights Council Resolution (A/ 18 HCR/RES/30/1) of October 2015; 19 (D) returning military occupied lands in 20 former conflict zones to their rightful owners or 21 compensating those whose land was confiscated 22 without due process, and which is in addition to 23 steps taken during the previous calendar year; 24 (E) establishing a functioning office of 25 missing persons and assisting its investigations February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 225 1 of cases of missing persons from Sri Lanka's 2 internal armed conflicts with the cooperation of 3 the armed forces of Sri Lanka; and 4 (F) substantially reducing the presence of 5 the armed forces in former conflict zones and 6 implementing a plan for restructuring the 7 armed forces to adopt a peacetime role that 8 contributes to post-conflict reconciliation and 9 regional security. 10 (3) INTERNATIONAL SECURITY ASSISTANCE.- 11 Funds appropriated under title IV of this Act that 12 are available for assistance for Sri Lanka shall be 13 subject to the following conditions- 14 (A) not to exceed $500,000 under the 15 heading "Foreign Military Financing Program" 16 may only be made available for programs to 17 support humanitarian and disaster response 18 preparedness and maritime security, including 19 professionalization and training for the navy 20 and coast guard; and 21 (B) funds under the heading "Peace- 22 keeping Operations" may only be made avail- 23 able for training and equipment related to 24 international peacekeeping operations and im- 25 provements to peacekeeping-related facilities, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 226 1 and only if the Government of Sri Lanka is tak- 2 ing effective steps to bring to justice Sri 3 Lankan peacekeeping troops who have engaged 4 in sexual exploitation and abuse. 5 (e) REGIONAL PROGRAMS.- 6 (1) CROSS BORDER PROGRAl\1:S.-Funds appro- 7 priated by this Act under the heading "Economic 8 Support Fund'' for assistance for Afghanistan and 9 Pakistan may be provided, notwithstanding any 10 other provision of law that restricts assistance to 11 foreign countries, for cross border stabilization and 12 development programs between Afghanistan and 13 Pakistan, or between either country and the Central 14 Asian countries. 15 (2) SECURITY AND JUSTICE PROGRAMS.- 16 Funds appropriated by this Act that are made avail- 17 able for assistance for countries in South and Cen- 18 tral Asia shall be made available to accelerate the re- 19 cruitment and enhance the retention and profes- 20 sionalism of women m the judiciary, police, and 21 other security forces. 22 23 LATIN AMERICA AND THE CARIBBEAN SEC. 7045. (a) CENTRAL AMERICA.- 24 ( 1) CONDITIONS ON ASSISTANCE FOR THE CEN- 25 TRAL GOVERNMENTS OF EL SALVADOR, GUATEMALA, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 227 1 AND HONDURA-8.-0f the funds appropriated by this 2 Act under titles III and IV that are made available 3 for assistance for each of the central governments of 4 El Salvador, Guatemala, and Honduras, 50 percent 5 may only be obligated after the Secretary of State 6 certifies and reports to the appropriate congressional 7 committees that such government is- 8 (A) informing its citizens of the dangers of 9 the journey to the southwest border of the 10 11 12 United States; (B) combating human smuggling and traf- ficking; 13 (C) improving border security, including 14 preventing illegal migration, human smuggling 15 and trafficking, and trafficking of illicit drugs 16 and other contraband; 17 (D) cooperating with United States Gov- 18 ernment agencies and other governments in the 19 region to facilitate the return, repatriation, and 20 reintegration of illegal migrants arriving at the 21 southwest border of the United States who do 22 not qualify for asylum, consistent with inter- 23 national law; 24 (E) working cooperatively with an autono- 25 mous, publicly accountable entity to provide February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 228 1 oversight of the Plan of the Alliance for Pros- 2 perity in the Northern Triangle in Central 3 America (the Plan); 4 (F) combating corruption, including inves- 5 tigating and prosecuting current and former 6 government officials credibly alleged to be cor- 7 rupt; (G) implementing reforms, policies, and 8 9 programs to mcrease transparency and 10 strengthen public institutions and the rule of 11 law; 12 (H) working with local communities, civil 13 society organizations (including indigenous and 14 other marginalized groups), and local govern- 15 ments in the implementation and evaluation of 16 activities of the Plan; 17 (I) countering the activities of criminal 18 gangs, drug traffickers, 19 criminal organizations; and transnational 20 (J) investigating and prosecuting in the ci- 21 vilian justice system government personnel who 22 are credibly alleged to have violated human 23 rights; February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 229 1 (K) cooperating with comm1ss1ons against 2 corruption and impunity and with regional 3 human rights entities; 4 (L) supporting programs to reduce pov- 5 erty, expand education and vocational training 6 for at-risk youth, create jobs, and promote equi- 7 table economic growth, particularly in areas 8 contributing to large numbers of migrants; 9 (M) creating a professional, accountable ci- 10 vilian police force and ending the role of the 11 military in internal policing; 12 (N) protecting the right of political opposi- 13 tion parties and other members of civil society 14 to operate without interference; 15 (0) implementing tax reforms; and 16 (P) resolving commercial disputes. 17 18 (2) DETERMINATIONS AND IMPACT ON ASSIST.ANCE.- 19 (A) INSUFFICIENT PROGRESS.-The Sec- 20 retary of State shall periodically review the 21 progress of each of the central governments of 22 El Salvador, Guatemala, and Honduras in 23 meeting the requirements of paragraph ( 1): 24 Provided, That if the Secretary determines and 25 reports to the appropriate congressional com- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 230 1 mittees that sufficient progress has not been 2 made by such government in meeting such re- 3 quirements, the Secretary shall suspend, in 4 whole or in part, assistance for such govern- 5 ment for programs supporting such require- 6 ment, and shall notify the appropriate congres- 7 sional committees in writing of such action: 8 Provided further, That the Secretary may re- 9 sume such assistance if the Secretary deter- 10 mines and reports to such committees that cor- 11 rective measures have been taken by such gov- 12 ernment. 13 (B) CHANGE IN NATIONAL GOVERN- 14 MENT.-Not later than 90 days following a 15 change of national government in El Salvador, 16 Guatemala, or Honduras, the Secretary of State 17 shall determine whether or not such government 18 is meeting the requirements of paragraph (1) 19 and submit a report to the appropriate congres- 20 sional committees detailing the reasons for such 21 determination: Provided, That if the Secretary 22 determines that such government is not meeting 23 such requirements, then the Secretary shall sus- 24 pend, in whole or in part, assistance for such February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 231 1 country until such time as such determination 2 and report can be made. 3 (C) REPROGRA.MMING.-Assistance sus- 4 pended pursuant to subparagraphs (A) or (B) 5 may be reprogrammed if the Secretary of State 6 determines that corrective measures have not 7 been taken: Provided, 8 programmmg shall only be made available for 9 assistance for other countries in Latin America 10 and the Caribbean and shall be subject to the 11 regular notification procedures of the Commit- 12 tees on Appropriations. 13 (3) CONSULTATION.-The Secretary of State 14 shall consult with the Committees on Appropriations 15 not less than 14 days prior to submitting any certifi- 16 cation made pursuant to subsection (a)(l) and any 17 suspension or reprogramming made pursuant to sub- 18 section (a)(2). 19 ( 4) EXCEPTIONS AND That any such re- LIMITATIONS.- 20 (A) EXCEPTIONS.-The limitation of para- 21 graph (1) shall not apply to funds appropriated 22 by this Act that are made available for the 23 International Commission against Impunity in 24 Guatemala, the Mission to Support the Fight 25 against Corruption and Impunity in Honduras, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xrnl 232 1 humanitarian assistance, and food security pro- 2 grams. 3 (B) LIMITATIONS.-N one of the funds ap- 4 propriated by this Act that are made available 5 for assistance for countries in Central America 6 may be made available for direct government- 7 to-government assistance or for major infra- 8 structure projects. 9 (b) COLOl\IBL\...- 10 (1) AssISTANCE.-Of the funds appropriated by 11 this Act under titles III and IV, not less than 12 $418,253,000 shall be made available for assistance 13 for Colombia, including to support the efforts of the 14 Government of Colombia to- 15 (A) conduct a unified campaign against 16 narcotics trafficking, organizations designated 17 as foreign terrorist organizations pursuant to 18 section 219 of the Immigration and Nationality 19 Act (8 U.S.C. 1189), and other criminal or ille- 20 gal armed groups: Provided, That aircraft sup- 21 ported by funds made available by this Act and 22 prior Acts making appropriations for the De- 23 partment of State, foreign operations, and re- 24 lated programs may be used to transport per- 25 sonnel and supplies involved in drug eradication February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 233 1 and interdiction, including security for such ac- 2 tivities, and to provide transport in support of 3 alternative development programs and mves- 4 tigations by civilian judicial authorities; 5 6 (B) enhance security and stability in Co- lombia and the region; 7 (C) strengthen and expand governance, the 8 rule of law, and access to justice throughout 9 Colombia; 10 (D) promote economic and social develop- 11 ment, including by improving access to areas 12 impacted by conflict through demining pro- 13 grams; 14 15 (E) assist communities impacted by significant refugee or migrant populations; and 16 (F) implement a peace agreement between 17 the Government of Colombia and illegal armed 18 groups, in accordance with constitutional and 19 legal requirements in Colombia. 20 (2) LIMITATION.-None of the funds appro- 21 priated by this Act or prior Acts making appropria- 22 tions for the Department of State, foreign oper- 23 ations, and related programs that are made available 24 for assistance for Colombia may be made available 25 for payment of reparations to conflict victims or February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 234 1 compensation to demobilized combatants associated 2 with a peace agreement between the Government of 3 Colombia and illegal armed groups. 4 (3) COUNTERNARCOTICS.-Of the funds appro- 5 priated by this Act under the headings ''Economic 6 Support Fund" and "International Narcotics Con- 7 trol and Law Enforcement" and made available for 8 counternarcotics assistance for Colombia, 20 percent 9 may be obligated only after the Secretary of State 10 certifies and reports to the Committees on Appro- 11 priations that the Government of Colombia has re- 12 duced overall illicit drug cultivation, production, and 13 trafficking. 14 (4) HU:l\Lili RIGHTS.-Of the funds appro- 15 priated by this Act under the heading "Foreign Mili- 16 tary Financing Program" and made available for as- 17 sistance for Colombia, 20 percent may be obligated 18 only after the Secretary of State certifies and re- 19 ports to the Committees on Appropriations that- 20 (A) the Special Jurisdiction for Peace and 21 other judicial authorities are taking effective 22 steps to hold accountable perpetrators of gross 23 violations of human rights in a manner con- 24 sistent with international law, including for February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 235 1 command responsibility, and sentence them to 2 deprivation of liberty; 3 (B) the Government of Colombia is taking 4 effective steps to reduce attacks against human 5 rights defenders and other civil society activists, 6 trade unionists, and journalists, and judicial au- 7 thorities are prosecuting those responsible for 8 such attacks; and 9 (C) senior military officers responsible for 10 ordering, committing, and covering up cases of 11 false positives are being held accountable, in- 12 eluding removal from active duty if found guilty 13 through criminal or disciplinary proceedings. 14 ( 5) EXCEPTIONS.-The limitations of para- 15 graphs (3) and (4) shall not apply to funds made 16 available for aviation instruction and maintenance, 17 and maritime and riverine security programs. 18 (c) HAITI.- 19 (1) CERTIFICATION.-Funds appropriated by 20 this Act under the headings ''Development Assist- 21 ance" and "Economic Support Fund" that are made 22 available for assistance for Haiti may not be made 23 available for assistance for the central Government 24 of Haiti unless the Secretary of State certifies and 25 reports to the Committees on Appropriations that February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 236 1 such government is taking effective steps, which are 2 steps taken since the certification and report sub- 3 mitted during the prior year, if applicable, to- 4 5 (A) strengthen the rule of law in Haiti, in- eluding by- 6 7 (i) selecting judges m a transparent manner based on merit; 8 (ii) reducing pre-trial detention; 9 (iii) respecting the independence of 10 the judiciary; and 11 (iv) improving governance by imple- 12 menting reforms to increase transparency 13 and accountability, including through the 14 penal and criminal codes; 15 (B) combat corruption, including by imple- 16 menting the anti-corruption law enacted m 17 2014 and prosecuting corrupt officials; 18 (C) increase government revenues, includ- 19 ing by implementing tax reforms, and increas- 20 ing expenditures on public services; and 21 (D) resolve commercial disputes between 22 United States entities and the Government of 23 Haiti. 24 (2) ILUTIAN COAST GUARD.-The Government 25 of Haiti shall be eligible to purchase defense articles February 9, 2019 (2:13 p.m.) U :\2019CONF\Div:B~-SFOPS.xml SEN. APPRO. 237 1 and services under the Arms Export Control Act (22 2 U.S.C. 2751 et seq.) for the Coast Guard. 3 (d) VENEZUELA.-Of the funds appropriated by this 4 Act under the heading "Economic Support Fund", not 5 less than $17,500,000 shall be made available for pro6 grams to promote democracy and the rule of law in Ven- 7 ezuela. EUROPE 8 9 AND EURASIA SEC. 7046. (a) AsSIST.ANCE.- 10 (1) GEORGIA.-Of the funds appropriated by 11 this Act under titles III and IV, not less than 12 $127,025,000 shall be made available for assistance 13 for Georgia. 14 (2) UKRAINE.-Of the funds appropriated by 15 this Act under titles III and IV, not less than 16 $445,700,000 shall be made available for assistance 17 for Ukraine. 18 (b) LIMIT.A.TION.-None of the funds appropriated by 19 this Act may be made available for assistance for a govern- 20 ment of an Independent State of the former Soviet Union 21 if such government directs any action in violation of the 22 territorial integrity or national sovereignty of any other 23 Independent State of the former Soviet Union, such as 24 those violations included in the Helsinki Final Act: Pro25 vided, That except as otherwise provided in section February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 238 1 7047(a) of this Act, funds may be made available without 2 regard to the restriction in this subsection if the President 3 determines that to do so is in the national security interest 4 of the United States: Provided further, That prior to exe5 cuting the authority contained in the previous proviso, the 6 Secretary of State shall consult with the Committees on 7 Appropriations on how such assistance supports the na8 tional security interest of the United States. 9 (c) SECTION 907 OF THE FREEDOM SUPPORT 10 AcT.-Section 907 of the FREEDOM Support Act (22 11 U.S.C. 5812 note) shall not applyto12 (1) activities to support democracy or assist- 13 ance under title V of the FREEDOM Support Act 14 (22 U.S.C. 5851 et seq.) and section 1424 of the 15 Defense Against Weapons of Mass Destruction Act 16 of 1996 (50 U.S.C. 2333) or non-proliferation as- 17 sistance; 18 (2) any assistance provided by the Trade and 19 Development Agency under section 661 of the For- 20 eign Assistance Act of 1961 (22 U.S.C. 2421); 21 (3) any activity carried out by a member of the 22 United States and Foreign Commercial Service while 23 acting within his or her official capacity; 24 (4) any insurance, reinsurance, guarantee, or 25 other assistance provided by the Overseas Private February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 239 1 Investment Corporation under title IV of chapter 2 · 2 of part I of the Foreign Assistance Act of 1961 (22 3 U.S.C. 2191 et seq.); 4 (5) any financing provided under the Export- 5 Import Bank Act of 1945 (Public Law 79-173); or 6 7 8 9 ( 6) humanitarian assistance. (d) TURKEY.(1) TURKISH PRESIDENTIAL PROTECTION DIRECTOR.A.TE .-None of the funds made available by 10 this Act may be used to facilitate or support the sale 11 of defense articles or defense services to the Turkish 12 Presidential Protection Directorate (TPPD) under 13 chapter 2 of the Arms Export Control Act (22 14 U.S.C. 2761 et seq.), unless the Secretary of State 15 determines and reports to the appropriate congres- 16 sional committees that members of the TPPD that 17 are named in the July 17, 2017 indictment by the 18 Superior Court of the District of Columbia, and 19 against whom charges are pending, have returned to 20 the United States to stand trial in connection with 21 the offenses contained in such indictment or have 22 otherwise been brought to justice: Provided, That 23 the limitation in this paragraph shall not apply to 24 the use of funds made available by this Act for bor- 25 der security purposes, for North Atlantic Treaty Or- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 240 1 ganization or coalition operations, or to enhance the 2 protection of United States officials and facilities in 3 Turkey. 4 (2) RESTRICTION ON FUNDS.- 5 (A) Not later than November 1, 2019, but 6 no sooner than six months after enactment of 7 this Act, the Secretary of State, in consultation 8 with the Secretary of Defense, shall submit an 9 update to the report required by section 1282 10 of the John S. McCain National Defense Au- 11 thorization Act for Fiscal Year 2019 (Public 12 Law 115-232) regarding the purchase by the 13 Republic of Turkey of the S-400 missile de- 14 fense system from the Russian Federation: Pro- l5 vided, That such report shall also include a de- 16 tailed description of plans for the imposition of 17 sanctions, if appropriate, for such purchase 18 pursuant to section 231 of the Countering Rus- 19 sian Influence in Europe and Eurasia Act of 20 2017 (Public Law 115-44). 21 (B) None of the funds appropriated by this 22 Act and prior Acts making appropriations for 23 the Department of State, foreign operations, 24 and related programs may be made available to 25 deliver F-35 aircraft to the territory of the Re- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 241 1 public of Turkey until the report in subpara- 2 graph (A) is submitted to the Congress. 3 COUNTERING RUSSIAN INFLUENCE 4 AND AGGRESSION SEC. 7047. (a) LIMIT..A.TION.-None of the funds ap- 5 propriated by this Act may be made available for assist6 ance for the central Government of the Russian Federa7 tion. 8 (b) ANNEXATION OF CRil\IE..A..- 9 (1) None of the funds appropriated by this Act 10 may be made available for assistance for the central 11 government of a country that the Secretary of State 12 determines and reports to the Committees on Appro- 13 priations has taken affirmative steps intended to 14 support or be supportive of the Russian Federation 15 annexation of Crimea or other territory in Ukraine: 16 Provided, That except as otherwise provided in sub- 17 section (a), the Secretary may waive the restriction 18 on assistance required by this paragraph if the Sec- 19 retary determines and reports to such Committees 20 that to do so is in the national interest of the United 21 States, and includes a justification for such interest. 22 (2) None of the funds appropriated by this Act 23 may be made available for- 24 (A) the implementation of any action or 25 policy that recognizes the sovereignty of the February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 242 1 Russian Federation over Crimea or other terri- 2 tory in Ukraine; 3 (B) the facilitation, financing, or guarantee 4 of United States Government investments in 5 Crimea or other territory in Ukraine under the 6 control of Russian-backed separatists, if such 7 activity includes the participation of Russian 8 Government officials, or other Russian owned 9 or controlled financial entities; or 10 (C) assistance for Crimea or other terri- 11 tory in Ukraine under the control of Russian- 12 backed separatists, if such assistance includes 13 the participation of Russian Government offi- 14 cials, or other Russian owned or controlled fi- 15 nancial entities. 16 ( 3) The Secretary of the Treasury shall instruct 17 the United States executive directors of each inter- 18 national financial institution to vote against any as- 19 sistance by such institution (including any loan, 20 credit, or guarantee) for any program that violates 21 the sovereignty or territorial integrity of Ukraine. 22 (4) The requirements and limitations of this 23 subsection shall cease to be in effect if the Secretary 24 of State determines and reports to the Committees 25 on Appropriations that the Government of Ukraine February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 243 1 has reestablished sovereignty over Crimea and other 2 territory in Ukraine under the control of Russian- 3 backed separatists. 4 (c) OCCUPATION OF THE GEORGIAN TERRITORIES OF 5 ABKHAZIA AND TSKHINVALI REGION/SOUTH 0SSETIA.- 6 (1) None of the funds appropriated by this Act 7 may be made available for assistance for the central 8 government of a country that the Secretary of State 9 determines and reports to the Committees on Appro- 10 priations has recognized the independence of, or has 11 established diplomatic relations with, the Russian oc- 12 cupied 13 Tskhinvali Region/South Ossetia: Provided, That the 14 Secretary shall publish on the Department of State 15 website a list of any such central governments in a 16 timely manner: Provided further, That the Secretary 17 may waive the restriction on assistance required by 18 this paragraph if the Secretary determines and re- 19 ports to the Committees on Appropriations that to 20 do so is in the national interest of the United States, 21 and includes a justification for such interest. Georgian territories of Abkhazia and 22 (2) None of the funds appropriated by this Act 23 may be made available to support the Russian occu- 24 pation of the Georgian territories of Abkhazia and 25 Tskhinvali Region/South Ossetia. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 244 1 ( 3) The Secretary of the Treasury shall instruct 2 the United States executive directors of each inter- 3 national financial institution to vote against any as- 4 sistance by such institution (including any loan, 5 credit, or guarantee) for any program that violates 6 the sovereignty and territorial integrity of Georgia. 7 (d) COUNTERING RUSSIAl"\J INFLUENCE FUND.- 8 (1) Of the funds appropriated by this Act under 9 the headings ''Assistance for Europe, Eurasia and 10 Central Asia", "International Narcotics Control and 11 Law Enforcement", "International Military Edu- 12 cation and Training", and "Foreign Military Fi- 13 nancing Program", not less than $275,000,000 shall 14 be made available to carry out the purposes of the 15 Countering Russian Influence Fund, as authorized 16 by section 254 of the Countering Russian Influence 17 in Europe and Eurasia Act of 2017 (Public Law 18 115-44; 22 U.S.C. 9543) and notwithstanding the 19 country limitation in subsection (b) of such section, 20 and programs to enhance the capacity of law en- 21 forcement and security forces in countries in Europe 22 and Eurasia and strengthen security cooperation be- 23 tween such countries and the United States and the 24 North Atlantic Treaty Organization, as appropriate. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 245 1 (2) Funds appropriated by this Act and made 2 available for assistance for the Eastern Partnership 3 countries shall be made available to advance the im- 4 plementation of Association Agreements and trade 5 agreements with the European Union, and to reduce 6 their vulnerability to external economic and political 7 pressure from the Russian Federation. 8 (e) DEMOCRACY PROGRAMS.-Funds appropriated by 9 this Act shall be made available to support democracy pro- 10 grams in the Russian Federation, including to promote 11 Internet freedom, and shall also be made available to sup12 port the democracy and rule of law strategy required by 13 section 707l(d) of the Department of State, Foreign Op14 erations, and Related Programs Appropriations Act, 2014 15 (division K of Public Law 113-76). 16 17 UNITED NATIONS SEC. 7048. (a) TRANSPARENCY AND AcCOUNT- 18 ABILITY.19 ( 1) RESTRICTIONS.-Of the funds appropriated 20 under title I and under the heading "International 21 Organizations and Programs" in title V of this Act 22 that are available for contributions to the United 23 Nations (including the Department of Peacekeeping 24 Operations), any United Nations agency, or the Or- 25 ganization of American States, 15 percent may not February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 246 1 be obligated for such organization, department, or 2 agency until the Secretary of State determines and 3 reports to the Committees on Appropriations that 4 the organization, department, or agency is- 5 (A) posting on a publicly available website, 6 consistent with privacy regulations and due 7 process, regular financial and programmatic au- 8 dits of such organization, department, or agen- 9 cy, and providing the United States Govern- 10 ment with necessary access to such financial 11 and performance audits; 12 (B) effectively implementing and enforcing 13 policies and procedures which reflect best prac- 14 tices for the protection of whistleblowers from 15 retaliation, including best practices for- 16 17 (i) protection against retaliation for internal and lawful public disclosures; 18 (ii) legal burdens of proof; 19 (iii) statutes of limitation for report- 20 ing retaliation; 21 (iv) access to independent adjudicative 22 bodies, including external arbitration; and 23 (v) results that eliminate the effects of 24 February 9, 2019 (2:13 p.m.) proven retaliation; and SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 247 1 (C) effectively implementing and enforcing 2 policies and procedures on the appropriate use 3 of travel funds, including restrictions on first 4 class and business class travel. 5 (2) WAIVER.-The restrictions imposed by or 6 pursuant to paragraph (1) may be waived on a case- 7 by-case basis if the Secretary of State determines 8 and reports to the Committees on Appropriations 9 that such waiver is necessary to avert or respond to 10 a humanitarian crisis. 11 (b) RESTRICTIONS ON UNITED NATIONS DELEGA- 12 TIONS AND 0RGANIZATI0NS.13 (1) RESTRICTIONS ON UNITED STATES DELEGA- 14 TIONS.-None of the funds made available by this 15 Act may be used to pay expenses for any United 16 States delegation to any specialized agency, body, or 17 commission of the United Nations if such agency, 18 body, or commission is chaired or presided over by 19 a country, the government of which the Secretary of 20 State has determined, for purposes of section 6(j)(l) 21 of the Export Administration Act of 1979 as contin- 22 ued in effect pursuant to the International Emer- 23 gency Economic Powers Act 24 2405(j)(l)), supports international terrorism. February 9, 2019 (2:13 p.m.) (50 U.S.C. App. U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 248 1 (2) RESTRICTIONS ON CONTRIBUTIONS.-None 2 of the funds made available by this Act may be used 3 by the Secretary of State as a contribution to any 4 organization, agency, commission, or program within 5 the United Nations system if such organization, 6 agency, commission, or program is chaired or pre- 7 sided over by a country the government of which the 8 Secretary of State has determined, for purposes of 9 section 620A of the Foreign Assistance Act of 1961, 10 section 40 of the Arms Export Control Act, section 11 6(i)(l) of the Export Administration Act of 1979, or 12 any other provision of law, is a government that has 13 repeatedly provided support for acts of international 14 terrorism. 15 (3) WAIVER-The Secretary of State may 16 waive the restriction in this subsection if the Sec- 17 retary determines and reports to the Committees on 18 Appropriations that to do so is important to the na- 19 tional interest of the United States, including a de- 20 scription of the national interest served. 21 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.- 22 None of the funds appropriated by this Act may be made 23 available in support of the United Nations Human Rights 24 Council unless the Secretary of State determines and re25 ports to the Committees on Appropriations that participa- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 249 1 tion in the Council is important to the national interest 2 of the United States and that such Council is taking sig3 nificant steps to remove Israel as a permanent agenda 4 item and ensure integrity in the election of members to 5 such Council: Provided, That such report shall include a 6 description of the national interest served and the steps 7 taken to remove Israel as a permanent agenda item and 8 ensure integrity in the election of members to such Coun9 cil: Provided further, That the Secretary of State shall re- l O port to the Committees on Appropriations not later than 11 September 30, 2019, on the resolutions considered in the 12 United Nations Human Rights Council during the pre13 vious 12 months, and on steps taken to remove Israel as 14 a permanent agenda item and ensure integrity in the elec15 tion of members to such Council. 16 (d) UNITED NATIONS RELIEF AND WORKS AGEN- 17 CY.-Prior to the initial obligation of funds for the United 18 Nations Relief and W arks Agency (UNRWA), the Sec19 retary of State shall report to the Committees on Appro20 priations, in writing, on whether UNRWA is21 (1) utilizing Operations Support Officers in the 22 West Bank, Gaza, and other fields of operation to 23 inspect UNRWA installations and reporting any in- 24 appropriate use; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 250 1 (2) acting promptly to address any staff or ben- 2 eficiary violation of its own policies (including the 3 policies on neutrality and impartiality of employees) 4 and the legal requirements under section 30l(c) of 5 the Foreign Assistance Act of 1961; 6 (3) implementing procedures to maintain the 7 neutrality of its facilities, including implementing a 8 no-weapons policy, and conducting regular inspec- 9 tions of its installations, to ensure they are only 10 used for humanitarian or other appropriate pur- 11 poses; 12 (4) taking necessary and appropriate measures 13 to ensure it is operating in compliance with the con- 14 ditions of section 301( c) of the Foreign Assistance 15 Act of 1961 and continuing regular reporting to the 16 Department of State on actions it has taken to en- 17 sure conformance with such conditions; 18 (5) taking steps to ensure the content of all 19 educational materials currently taught in UNRWA- 20 administered schools and summer camps is con- 21 sistent with the values of human rights, dignity, and 22 tolerance and does not induce incitement; 23 (6) not engaging in operations with financial in- 24 stitutions or related entities in violation of relevant February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 251 1 United States law, and is taking steps to improve 2 the financial transparency of the organization; and 3 (7) in compliance with the United Nations 4 Board of Auditors' biennial audit requirements and 5 is implementing in a timely fashion the Board's rec- 6 ommendations. 7 (e) PROHIBITION OF PAYMENTS TO UNITED NA- 8 TIO NS MEl\IBERS.-N one of the funds appropriated or 9 made available pursuant to titles III through VI of this 10 Act for carrying out the Foreign Assistance Act of 1961, 11 may be used to pay in whole or in part any assessments, 12 arrearages, or dues of any member of the United Nations 13 or, from funds appropriated by this Act to carry out chap14 ter 1 of part I of the Foreign Assistance Act of 1961, 15 the costs for participation of another country's delegation 16 at international conferences held under the auspices of 17 multilateral or international organizations. 18 (f) CAPITAL PROJECTS.-Any operating plan sub- 19 mitted pursuant to this Act for funds made available 20 under the heading "Contributions to International Organi21 zations" shall include information on capital projects, as 22 described under such heading in House Report 115-253. 23 (g) REPORT.-Not later than 45 days after enact- 24 ment of this Act, the Secretary of State shall submit a 25 report to the Committees on Appropriations detailing the February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 252 1 amount of funds available for obligation or expenditure in 2 fiscal year 2019 for contributions to any organization, de3 partment, agency, or program within the United Nations 4 system or any international program that are withheld 5 from obligation or expenditure due to any provision of law: 6 Provided, That the Secretary shall update such report 7 each time additional funds are withheld by operation of 8 any provision of law: Provided further, That the re- 9 programming of any withheld funds identified in such re- l O port, including updates thereof, shall be subject to prior 11 consultation with, and the regular notification procedures 12 of, the Committees on Appropriations. 13 (h) SEXUAL EXPLOITATION AND ABUSE IN PEACE- 14 KEEPING OPERATIONS.- 15 (1) IN GENER..'lii.-Funds appropriated by this 16 Act shall be made available to implement section 17 301 of the Department of State Authorities Act, 18 Fiscal Year 2017 (Public Law 114-323). 19 (2) WITHHOLDING OF FUNDS.-The Secretary 20 of State should withhold assistance to any unit of 21 the security forces of a foreign country if the Sec- 22 retary has credible information that such unit has 23 engaged in sexual exploitation or abuse, including 24 while serving in a United Nations peacekeeping op- 25 eration, until the Secretary determines that the gov- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 253 1 ernment of such country is taking effective steps to 2 hold the responsible members of such unit account- 3 able and to prevent future incidents: Provided, That 4 the Secretary shall promptly notify the government 5 of each country subject to any withholding of assist- 6 ance pursuant to this paragraph, and shall notify 7 the appropriate congressional committees of such 8 withholding not later than 10 days after a deter- 9 mination to withhold such assistance is made: Pro- 10 vided further, That the Secretary shall, to the max- 11 imum extent practicable, assist such government in 12 bringing the responsible members of such unit to 13 justice. 14 (i) ADDITIONAL AVAILABILITY.-Subject to the reg- 15 ular notification procedures of the Committees on Appro16 priations, funds appropriated by this Act which are re17 turned or not made available due to the implementation 18 of subsection (a), the second proviso under the heading 19 "Contributions for International Peacekeeping Activities" 20 in title I of this Act, or section 307(a) of the Foreign As21 sistance Act of 1961 (22 U.S.C. 2227(a)), shall remain 22 available for obligation until September 30, 2020: Pro23 vided, That the requirement to withhold funds for pro24 grams in Burma under section 307(a) of the Foreign As- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 254 1 sistance Act of 1961 shall not apply to funds appropriated 2 by this Act. 3 (j) 4 HOLDING.- NATIONAL SECURITY INTEREST WITH- 5 (1) WITHHOLDING.-The Secretary of State 6 shall withhold 5 percent of the funds appropriated 7 by this Act under the heading "Contributions to 8 International Organizations" for a specialized agen- 9 cy or other entity of the United Nations if the Sec- 10 retary, in consultation with the United States Am- 11 bassador to the United Nations, determines and re- 12 ports to the Committees on Appropriations that such 13 agency or entity has taken an official action that is 14 against the national security interest of the United 15 States or an ally of the United States, including 16 Israel. 17 (2) RELEASE OF :B-,UNDS.-The Secretary of 18 State, in consultation with the United States Am- 19 bassador to the United Nations, may release funds 20 withheld pursuant to paragraph (1) if the Secretary 21 determines and reports to the Committees on Appro- 22 priations that such agency or entity is taking steps 23 to address the action that resulted in the with- 24 holding of such funds. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 255 1 (3) REPROGRAl\IMING.-Should the Secretary of 2 State be unable to make a determination pursuant 3 to paragraph (2) regarding the release of withheld 4 funds, such funds may be reprogrammed for other 5 purposes under the heading "Contributions to Inter- 6 national Organizations". 7 (4) WAIVER.-The Secretary of State, following 8 consultation with the Committees on Appropriations, 9 may waive the requirements of this subsection if the 10 Secretary determines that to do so in the national 11 interest. 12 (k) TRANSFER OF FUNDS.-Of the funds appro- 13 priated by this Act under the heading "Economic Support 14 Fund", $25,000,000 shall be transferred to, and merged 15 with, funds appropriated under the heading "International 16 Organizations and Programs", of which $23,000,000 shall 17 be for a contribution to support the United Nations resi18 dent coordinator system and $2,000,000 shall be for a 19 contribution to the Montreal Protocol Multilateral Fund. 20 21 LAW ENFORCEMENT AND SECURITY SEC. 7049. (a) ASSISTANCE.- 22 (1) COMMUNITY-BASED POLICE ASSISTANCE.- 23 }1-,unds made available under titles III and IV of this 24 Act to carry out the provisions of chapter 1 of part 25 I and chapters 4 and 6 of part II of the Foreign As- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 256 1 sistance Act of 1961, may be used, notwithstanding 2 section 660 of that Act, to enhance the effectiveness 3 and 4 through training and technical assistance in human 5 rights, the rule of law, anti-corruption, strategic 6 planning, and through assistance to foster civilian 7 police roles that support democratic governance, in- 8 eluding assistance for programs to prevent conflict, 9 respond to disasters, address gender-based violence, 10 and foster improved police relations with the com- 11 munities they serve. 12 accountability of civilian police authority (2) COMBAT CASUALTY CARE.- 13 (A) Consistent with the objectives of the 14 Foreign Assistance Act of 19 61 and the Arms 15 Export Control Act, funds appropriated by this 16 Act under the headings "Peacekeeping Oper- 17 ations" and "Foreign Military Financing Pro- 18 gram" shall be made available for combat cas- 19 ualty training and equipment. 20 (B) The Secretary of State shall offer com- 21 bat casualty care training and equipment as a 22 component of any package of lethal assistance 23 funded by this Act with funds appropriated 24 under the headings "Peacekeeping Operations" 25 and "Foreign Military Financing Program": February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 257 l Provided, That the requirement of this subpara- 2 graph shall apply to a country in conflict, un- 3 less the Secretary determines that such country 4 has in place, to the maximum extent prac- 5 ticable, functioning combat casualty care treat- 6 ment and equipment that meets or exceeds the 7 standards recommended by the Committee on 8 rractical Combat Casualty Care: Provided fur- 9 ther, That any such training and equipment for 10 combat casualty care shall be made available 11 through an open and transparent process. 12 (3) COUNTERTERRORIS1\I PARTNERSHIPS 13 FUND.-Funds appropriated by this Act under the 14 heading Nonproliferation, Anti-terrorism, Demining 15 and Related Programs shall be made available for 16 the Counterterrorism Partnerships Fund for pro- 17 grams in areas liberated from, under the influence 18 of, or adversely affected by, the Islamic State of Iraq 19 and Syria or other terrorist organizations: Provided, 20 That such areas shall include the Kurdistan Region 21 of Iraq: Provided further, That prior to the obliga- 22 tion of funds made available pursuant to this para- 23 graph, the Secretary of State shall take all prac- 24 ticable steps to ensure that mechanisms are in place 25 for monitoring, oversight, and control of such funds: February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 258 l Provided further, That funds made available pursu- 2 ant to this paragraph shall be subject to prior con- 3 sultation with the appropriate congressional commit- 4 tees, and the regular notification procedures of the 5 Committees on Appropriations. 6 ( 4) TRAINING RELATED TO INTERNATIONAL 7 HUJ\IANITARIAN LAW.-The Secretary of State shall 8 offer training related to the requirements of inter- 9 national humanitarian law as a component of any 10 package of lethal assistance funded by this Act with 11 funds appropriated under the headings "Peace- 12 keeping Operations" and "Foreign Military Financ- 13 ing Program": Provided, That the requirement of 14 this paragraph shall not apply to a country that is 15 a member of the North Atlantic Treaty Organization 16 (NATO), is a major non-NATO ally designated by 17 section 51 7 (b) of the Foreign Assistance Act of 18 1961, or is complying with international humani- 19 tarian law: Provided further, That any such training 20 shall be made available through an open and trans- 21 parent process. 22 (5) SECURITY FORCE PROFESSIONALIZATION.- 23 Funds appropriated by this Act under the headings 24 ''International Narcotics Control and Law Enforce- 25 ment" and "Peacekeeping Operations" shall be February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 259 1 made available to mcrease the capacity of foreign 2 military and law enforcement personnel to operate in 3 accordance with appropriate standards relating to 4 human rights and the protection of civilians in the 5 manner specified under this section in the joint ex- 6 planatory statement accompanying this Act, fol- 7 lowing consultation with the Committees on Appro- 8 priations: Provided, That funds made available pur- 9 suant to this paragraph shall only be made available 10 on an open and competitive basis. 11 (b) AUTHORITIES.- 12 (1) RECONSTITUTING CIVILIAN POLICE AU- 13 THORITY.-In providing assistance with funds ap- 14 propriated by this Act under section 660(b)(6) of 15 the Foreign Assistance Act of 1961, support for a 16 nation emerging from instability may be deemed to 17 mean support for regional, district, municipal, or 18 other sub-national entity emerging from instability, 19 as well as a nation emerging from instability. 20 (2) DISARMAMENT, DEMOBILIZATION, AND RE- 21 INTEGRATION.-Section 7034( d) of the Department 22 of State, Foreign Operations, and Related Programs 23 Appropriations Act, 2015 (division J of Public Law 24 113-235) shall continue in effect during fiscal year 25 2019. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 260 1 (3) INTERNATIONAL PRISON CONDITIONS.-Of 2 the funds appropriated by this Act under the head- 3 ings "Development Assistance", "Economic Support 4 Fund", and "International Narcotics Control and 5 Law Enforcement", not less than $5,000,000 shall 6 be made available for assistance to eliminate inhu- 7 mane conditions in foreign prisons and other deten- 8 tion facilities, notwithstanding section 660 of the 9 Foreign Assistance Act of 1961: Provided, That the 10 Secretary of State and the USAID Administrator 11 shall consult with the Committees on Appropriations 12 on the proposed uses of such funds prior to obliga- 13 tion and not later than 120 days after enactment of 14 this Act: Provided further, That such funds shall be 15 in addition to funds otherwise made available by this 16 Act for such purpose. 17 18 ( 4) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.- 19 (A) Section 12001(d) of the Department of 20 Defense Appropriations Act, 2005 (Public Law 21 108-287; 118 Stat. 1011) is amended by strik- 22 ing "of this section" and all that follows 23 through the period at the end and inserting '' of 24 this section after September 30, 2020.". February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 261 1 (B) Section 514(b)(2)(A) of the Foreign 2 Assistance Act of 1961 (22 U.S.C. 3 2321h(b)(2)(A)) is amended by striking "and 4 2019" and inserting "2019, and 2020". 5 ( 5) COMMERCIAL LEASING OF DEFENSE ARTI- 6 CLES.-Notwithstanding any other provision of law, 7 and subject to the regular notification procedures of 8 the Committees on Appropriations, the authority of 9 section 23(a) of the Arms Export Control Act may 10 be used to provide financing to Israel, Egypt, the 11 North Atlantic Treaty Organization (NATO), and 12 major non-NATO allies for the procurement by leas- 13 ing (including leasing with an option to purchase) of 14 defense articles from United States commercial sup- 15 pliers, not including Major Defense Equipment 16 (other than helicopters and other types of aircraft 17 having possible civilian application), if the President 18 determines that there are compelling foreign policy 19 or national security reasons for those defense arti- 20 cles being provided by commercial lease rather than 21 by government-to-government sale under such Act. 22 (6) SPECIAL DEFENSE ACQUISITION FUND.- 23 Not to exceed $900,000,000 may be obligated pursu- 24 ant to section 51(c)(2) of the Arms Export Control 25 Act for the purposes of the Special Defense Acquisi- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 262 1 tion Fund (the Fund), to remain available for obli- 2 gation until September 30, 2021: Provided, That the 3 provision of defense articles and defense services to 4 foreign countries or international organizations from 5 the Fund shall be subject to the concurrence of the 6 Secretary of State. 7 (7) PUBLIC DISCLOSURE.-For the purposes of 8 funds appropriated by this Act and prior Acts mak- 9 ing appropriations for the Department of State, for- 10 eign operations, and related programs that are made 11 available for assistance for units of foreign security 12 forces, the term "to the maximum extent prac- 13 ticable" in section 620M(d)(7) of the Foreign Assist- 14 ance Act of 1961 (22 U.S.C. 2378d) means that the 15 identity of such units shall be made publicly avail- 16 able unless the Secretary of State, on a case-by-case 17 basis, determines and reports to the appropriate con- 18 gressional committees that disclosure would endan- 19 ger the safety of human sources or reveal sensitive 20 intelligence sources and methods, or that non-disclo- 21 sure is in the national security interest of the United 22 States: Provided, That any such determination shall 23 include a detailed justification, and may be sub- 24 mitted in classified form. 25 (c) Lil\IITATIONS.- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 263 1 (1) CHILD SOLDIERS.-Funds appropriated by 2 this Act should not be used to support any military 3 training or operations that include child soldiers. 4 5 (2) LANDMINES AND CLUSTER MUNITIONS.- (A) LA1'\TDMINES.-Notwithstanding any 6 other provision of law, demining equipment 7 available to the United States Agency for Inter- 8 national Development and the Department of 9 State and used in support of the clearance of 10 landmines and unexploded ordnance for human- 11 itarian purposes may be disposed of on a grant 12 basis in foreign countries, subject to such terms 13 and conditions as the Secretary of State may 14 prescribe. 15 (B) CLUSTER MUNITIONS.-No military 16 assistance shall be furnished for cluster muni- 17 tions, no defense export license for cluster mu- 18 nitions may be issued, and no cluster munitions 19 or cluster munitions technology shall be sold or 20 transferred, unless- 21 (i) the submunitions of the cluster 22 munitions, after arming, do not result in 23 more than 1 percent unexploded ordnance 24 across the range of intended operational 25 environments, and the agreement applica- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 264 1 ble to the assistance, transfer, or sale of 2 such cluster munitions or cluster munitions 3 technology specifies that the cluster muni- 4 tions will only be used against clearly de- 5 fined military targets and will not be used 6 where civilians are known to be present or 7 in areas normally inhabited by civilians; or 8 (ii) such assistance, license, sale, or 9 transfer is for the purpose of demilitarizing 10 or permanently disposing of such cluster 11 munitions. 12 (3) CROWD CONTROL ITEMS.-Funds appro- 13 priated by this Act should not be used for tear gas, 14 small arms, light weapons, ammunition, or other 15 items for crowd control purposes for foreign security 16 forces that use excessive force to repress peaceful ex- 17 pression, association, or assembly in countries that 18 the Secretary of State determines are undemocratic 19 or are undergoing democratic transitions. 20 (d) REPORTS.- 21 (1) SECURITY ASSISTANCE REPORT.-Not later 22 than 120 days after enactment of this Act, the Sec- 23 retary of State shall submit to the Committees on 24 Appropriations a report on funds obligated and ex- 25 pended during fiscal year 2018, by country and pur- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 265 1 pose of assistance, under the headings "Peace- 2 keeping Operations", "International Military Edu- 3 cation and Training", and "Foreign Military Fi- 4 nancing Program''. 5 (2) QUARTERLY STATUS REPORT.-Following 6 the submission of the quarterly report required by 7 section 36 of Public Law 90-629 (22 U.S.C. 2776), 8 the Secretary of State, in coordination with the Sec- 9 retary of Defense, shall submit to the Committees on 10 Appropriations a status report that contains the in- 11 formation described under the heading "Foreign 12 Military Financing Program" in House Report 115- 13 829. 14 (3) VETTING REPORT.- 15 (A) IN GENERAL.-Not later than 90 days 16 after enactment of this Act, the Secretary of 17 State shall submit a report to the appropriate 18 congressional committees on foreign assistance 19 cases submitted for vetting for purposes of sec- 20 tion 620M of the Foreign Assistance Act of 21 1961 during the preceding fiscal year, includ- 22 mg- 23 (i) the total number of cases sub- 24 mitted, approved, suspended, or rejected 25 for human rights reasons; and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 266 1 (ii) for cases rejected, a description of 2 the steps taken to assist the foreign gov- 3 ernment in taking effective measures to 4 bring the responsible members of the secu- 5 rity forces to justice, in accordance with 6 section 620M(c) of the Foreign Assistance 7 Act of 1961. 8 (B) FORM.-The report required by this 9 paragraph shall be submitted in unclassified 10 form, but may be accompanied by a classified 11 annex. 12 (4) ANNUAL FOREIGN MILITARY TRAINING RE- 13 PORT.-For the purposes of implementing section 14 656 of the Foreign Assistance Act of 1961, the term 15 "military training provided to foreign military per- 16 sonnel by the Department of Defense and the De- 17 partment of State" shall be deemed to include all 18 military training provided by foreign governments 19 with funds appropriated to the Department of De- 20 fense or the Department of State, except for train- 21 ing provided by the government of a country des- 22 ignated by section 51 7 (b) of such Act as a major 23 non-NATO ally. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 267 1 2 ARMS TRADE TREATY SEC. 7050. None of the funds appropriated by this 3 Act may be obligated or expended to implement the Arms 4 Trade Treaty until the Senate approves a resolution of 5 ratification for the Treaty. 6 7 INTERNATIONAL CONFERENCES SEC. 7051. None of the funds made available in this 8 Act may be used to send or otherwise pay for the attend- 9 ance of more than 50 employees of agencies or depart10 ments of the United States Government who are stationed 11 in the United States, at any single international con12 ference occurring outside the United States, unless the 13 Secretary of State reports to the Committees on Appro14 priations at least 5 days in advance that such attendance 15 is important to the national interest: Provided, That for 16 purposes of this section the term "international con17 ference" shall mean a conference attended by representa18 tives of the United States Government and of foreign gov19 ernments, international organizations, or nongovern- 20 mental organizations. 21 AIRCRAFT TRANSFER, COORDINATION, AND USE 22 SEC. 7052. (a) TRANSFER AUTHORITY.-Notwith- 23 standing any other provision of law or regulation, aircraft 24 procured with funds appropriated by this Act and prior 25 Acts making appropriations for the Department of State, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 268 1 foreign operations, and related programs under the head2 ings "Diplomatic Programs", "International Narcotics 3 Control and Law Enforcement", "Andean Counterdrug 4 Initiative", and "Andean Counterdrug Programs" may be 5 used for any other program and in any region. 6 (b) PROPERTY DISPOSAL.-The authority provided 7 in subsection (a) shall apply only after the Secretary of 8 State determines and reports to the Committees on Appro9 priations that the equipment is no longer required to meet 10 programmatic purposes in the designated country or re11 gion: Provided, That any such transfer shall be subject 12 to prior consultation with, and the regular notification 13 procedures of, the Committees on Appropriations. 14 (c) AfRCRAI<-,T COORDINATION.- 15 (1) AUTHORITY.-The uses of aircraft pur- 16 chased or leased by the Department of State and the 17 United States Agency for International Development 18 with funds made available in this Act or prior Acts 19 making appropriations for the Department of State, 20 foreign operations, and related programs shall be co- 21 ordinated under the authority of the appropriate 22 Chief of Mission: Provided, That notwithstanding 23 section 7006(b) of this Act, such aircraft may be 24 used to transport, on a reimbursable or non-reim- 25 bursable basis, Federal and non-Federal personnel February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 269 1 supporting Department of State and USAID pro- 2 grams and activities: Provided further, That official 3 travel for other agencies for other purposes may be 4 supported on a reimbursable basis, or without reim- 5 bursement when traveling on a space available basis: 6 Provided further, That funds received by the Depart- 7 ment of State in connection with the use of aircraft 8 owned, leased, or chartered by the Department of 9 State may be credited to the Working Capital Fund 10 of the Department and shall be available for ex- 11 penses related to the purchase, lease, maintenance, 12 chartering, or operation of such aircraft. 13 (2) ScoPE.-The requirement and authorities 14 of this subsection shall only apply to aircraft, the 15 primary purpose of which is the transportation of 16 personnel. 17 (d) AIRCRAFT OPERATIONS AND MAINTEN.ANCE.- 18 To the maximum extent practicable, the costs of oper19 ations and maintenance, including fuel, of aircraft funded 20 by this Act shall be borne by the recipient country. 21 PARKING FINES AND REAL PROPERTY T.AXES OWED BY 22 FOREIGN GOVERNMENTS 23 SEC. 7053. The terms and conditions of section 7055 24 of the Department of State, Foreign Operations, and Re25 lated Programs Appropriations Act, 2010 (division F of February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 270 1 Public Law 111-117) shall apply to this Act: Provided, 2 That the date "September 30, 2009" in subsection 3 (f)(2)(B) of such section shall be deemed to be "Sep4 tember 30, 2018". 5 6 INTERNATIONAL MONETARY FUND SEC. 7054. (a) EXTENSIONS.-The terms and condi- 7 tions of sections 7086(b) (1) and (2) and 7090(a) of the 8 Department of State, Foreign Operations, and Related 9 Programs Appropriations Act, 2010 (division F of Public 10 Law 111-117) shall apply to this Act. 11 (b) REPAYMENT .-The Secretary of the Treasury 12 shall instruct the United States Executive Director of the 13 International Monetary Fund (IMF) to seek to ensure 14 that any loan will be repaid to the IMF before other pri15 vate or multilateral creditors. 16 17 PROHIBITION ON PUBLICITY OR PROPAGANDA SEC. 7055. No part of any appropriation contained 18 in this Act shall be used for publicity or propaganda pur19 poses within the United States not authorized before the 20 date of the enactment of this Act by Congress: Provided, 21 That not to exceed $25,000 may be made available to 22 carry out the provisions of section 316 of the International 23 Security and Development Cooperation Act of 1980 (Pub24 lie Law 96-533; 22 U.S.C. 2151a note). February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 271 1 2 DISABILITY PROGRAMS SEC. 7056. (a) ASSISTANCE.-Funds appropriated by 3 this Act under the heading "Economic Support Fund" 4 shall be made available for programs and activities admin- 5 istered by the United States Agency for International De6 velopment to address the needs and protect and promote 7 the rights of people with disabilities in developing coun- 8 tries, including initiatives that focus on independent living, 9 economic self-sufficiency, advocacy, education, employ10 ment, transportation, sports, and integration of individ11 uals with disabilities, including for the cost of translation. 12 (b) MANAGEMENT, OVERSIGHT, AND TECHNICAL 13 SUPPORT.-Of the funds made available pursuant to this 14 section, 5 percent may be used for USAID for manage- 15 ment, oversight, and technical support. 16 UNITED STATES AGENCY FOR INTERNATIONAL 17 DEVELOPMENT 1\IANAGEMENT 18 SEC. 7057. (a) AUTHORITY.-Up to $93,000,000 of 19 the funds made available in title III of this Act pursuant 20 to or to carry out the provisions of part I of the Foreign 21 Assistance Act of 1961, including funds appropriated 22 under the heading "Assistance for Europe, Eurasia and 23 Central Asia", may be used by the United States Agency 24 for International Development to hire and employ individ25 uals in the United States and overseas on a limited ap- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 272 1 pointment basis pursuant to the authority of sections 308 2 and 309 of the Foreign Service Act of 1980 (22 U.S.C. 3 3948 and 3949). 4 (b) RESTRICTIONS.- 5 (1) The number of individuals hired in any fis- 6 cal year pursuant to the authority contained in sub- 7 section (a) may not exceed 175. 8 (2) The authority to hire individuals contained 9 m subsection (a) shall expire on September 30, 10 2020. 11 (c) CoNDITIONS.-The authority of subsection (a) 12 should only be used to the extent that an equivalent num- 13 ber of positions that are filled by personal services contrac14 tors or other non-direct hire employees of USAID, who 15 are compensated with funds appropriated to carry out part 16 I of the Foreign Assistance Act of 1961, including funds 17 appropriated under the heading "Assistance for Europe, 18 Eurasia and Central Asia'', are eliminated. 19 (d) PROGRAM ACCOUNT CHARGED.-The account 20 charged for the cost of an individual hired and employed 21 under the authority of this section shall be the account 22 to which the responsibilities of such individual primarily 23 relate: Provided, 1l1hat funds made available to carry out 24 this section may be transferred to, and merged with, funds February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 273 1 appropriated by this Act in title II under the heading "Op2 erating Expenses". 3 (e) FOREIGN SERVICE LIMITED EXTENSIONS.-lndi- 4 viduals hired and employed by USAID, with funds made 5 available in this Act or prior Acts making appropriations 6 for the Department of State, foreign operations, and re7 lated programs, pursuant to the authority of section 309 8 of the Foreign Service Act of 1980 (22 U.S.C. 3949), may 9 be extended for a period of up to 4 years notwithstanding 10 the limitation set forth in such section. 11 (f) DISASTER SURGE CAPACITY.-Funds appro- 12 priated under title III of this Act to carry out part I of 13 the Foreign Assistance Act of 1961, including funds ap14 propriated under the heading "Assistance for Europe, 15 Eurasia and Central Asia", may be used, in addition to 16 funds otherwise available for such purposes, for the cost 17 (including the support costs) of individuals detailed to or 18 employed by USAID whose primary responsibility is to 19 carry out programs in response to natural disasters, or 20 man-made disasters subject to the regular notification 21 procedures of the Committees on Appropriations. 22 (g) PERSONAL SERVICES CONTRACTORS.-Funds ap- 23 propriated by this Act to carry out chapter 1 of part I, 24 chapter 4 of part II, and section 667 of the Foreign As25 sistance Act of 1961, and title II of the Food for Peace February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 274 1 Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be 2 used by USAID to employ up to 40 personal services con3 tractors in the United States, notwithstanding any other 4 provision of law, for the purpose of providing direct, in5 terim support for new or expanded overseas programs and 6 activities managed by the agency until permanent direct 7 hire personnel are hired and trained: Provided, That not 8 more than 15 of such contractors shall be assigned to any 9 bureau or office: Provided further, That such funds appro- 10 priated to carry out title II of the Food for Peace Act 11 (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be made 12 available only for personal services contractors assigned 13 to the Office of Food for Peace. 14 (h) SMALL BUSINESS.-ln entering into multiple 15 award indefinite-quantity contracts with funds appro16 priated by this Act, USAID may provide an exception to 17 the fair opportunity process for placing task orders under 18 such contracts when the order is placed with any category 19 of small or small disadvantaged business. 20 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT- 21 MENTS.-Individuals hired pursuant to the authority pro22 vided by section 7059(0) of the Department of State, For23 eign Operations, and Related Programs Appropriations 24 Act, 2010 (division F of Public Law 111-117) may be 25 assigned to or support programs in Afghanistan or Paki- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 275 1 stan with funds made available in this Act and prior Acts 2 making appropriations for the Department of State, for3 eign operations, and related programs. 4 5 GLOBAL HEALTH ACTIVITIES SEC. 7058. (a) IN GENERAL.-Funds appropriated 6 by titles III and IV of this Act that are made available 7 for bilateral assistance for child survival activities or dis- 8 ease programs including activities relating to research on, 9 and the prevention, treatment and control of, HIV/AIDS 10 may be made available notwithstanding any other provi11 sion of law except for provisions under the heading "Glob- 12 al Health Programs" and the United States Leadership 13 Against HIV/AIDS, Tuberculosis, and Malaria Act of 14 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend15 ed: Provided, That of the funds appropriated under title 16 III of this Act, not less than $575,000,000 should be made 17 available for family planning/reproductive health, includ18 ing in areas where population growth threatens biodiver19 sity or endangered species. 20 (b) GLOBAL FUND.-Of the funds appropriated by 21 this Act that are available for a contribution to the Global 22 Fund to Fight AIDS, Tuberculosis and Malaria (Global 23 Fund), 10 percent should be withheld from obligation until 24 the Secretary of State determines and reports to the Com25 mittees on Appropriations that the Global Fund is- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 276 1 (1) maintaining and implementing a policy of 2 transparency, including the authority of the Global 3 Fund Office of the Inspector General (OIG) to pub- 4 lish OIG reports on a public website; 5 6 7 8 (2) providing sufficient resources to maintain an independent OIG that(A) reports directly to the Board of the Global Fund; 9 (B) maintains a mandate to conduct thor- 10 ough investigations and programmatic audits, 11 free from undue interference; and 12 (C) compiles regular, publicly published 13 audits and investigations of financial, pro- 14 grammatic, and reporting aspects of the Global 15 Fund, its grantees, recipients, sub-recipients, 16 and Local Fund Agents; 17 ( 3) effectively implementing and enforcing poli- 18 cies and procedures which reflect best practices for 19 the protection of whistleblowers from retaliation, in- 20 eluding best practices for- 21 22 (A) protection against retaliation for internal and lawful public disclosures; 23 (B) legal burdens of proof; 24 (C) statutes of limitation for reporting re- 25 February 9, 2019 (2:13 p.m.) taliation; U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 277 1 (D) access to independent adjudicative bodies, including external arbitration; and 2 3 (E) results that eliminate the effects of 4 proven retaliation: 5 Provided, That such withholding shall not be in ad- 6 dition to funds that are withheld from the Global 7 Fund in fiscal year 2019 pursuant to the application 8 of any other provision contained in this or any other 9 Act. 10 (c) CONTAGIOUS INFECTIOUS DISEASE OuT- 11 BREAKS.12 (1) EXTRAORDINARY MEASURES.-If the Sec- 13 retary of State determines and reports to the Com- 14 mittees on Appropriations that an international in- 15 fectious disease outbreak is sustained, severe, and is 16 spreading internationally, or that it is in the na- 17 tional interest to respond to a Public Health Emer- 18 gency of International Concern, funds appropriated 19 by this Act under the headings "Global Health Pro- 20 grams", "Development Assistance", "International 21 Disaster Assistance", 22 "Economic Support Fund", "Democracy Fund", 23 "Assistance for Europe, Eurasia and Central Asia", 24 "Migration and Refugee Assistance", and "Millen- 25 nium Challenge Corporation" may be made available February 9, 2019 (2:13 p.m.) "Complex Crises Fund", SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 278 1 to combat such infectious disease or public health 2 emergency, and may be transferred to, and merged 3 with, funds appropriated under such headings for 4 the purposes of this paragraph. 5 (2) CONSULTATION AND NOTIFICATION.- 6 Funds made available by this subsection shall be 7 subject to prior consultation with the appropriate 8 congressional committees, and the regular notifica- 9 tion procedures of the Committees on Appropria- 10 tions. 11 (d) REPURPOSED FUNDS.- 12 (1) USES.-Of the unobligated balances avail- 13 able under the heading "Bilateral Economic Assist- 14 ance" in title IX of the Department of State, For- 15 eign Operations, and Related Programs Appropria- 16 tions Act, 2015 (division J of Public Law 113- 17 235)- 18 (A) $38,000,000 shall be for programs to 19 accelerate the capabilities of targeted countries 20 to prevent, detect, and respond to infectious 21 disease outbreaks; and 22 (B) $2,000,000 shall be made available for 23 the Emergency Reserve Fund established pur- 24 suant to section 7058(c)(l) of the Department 25 of State, Foreign Operations, and Related Pro- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 279 1 grams Appropriations Act, 2017 (division J of 2 Public Law 115-31) and shall be made avail- 3 able under the same terms and conditions of 4 such section: Provided, That the second proviso 5 of such paragraph is amended by striking "Sec- 6 retary of State" and inserting in lieu thereof 7 "Administrator of the United States Agency for 8 International Development". 9 (2) CONSULTATION .AND NOTIFICATION.- IO Funds made available by this subsection shall be 11 subject to prior consultation with, and the regular 12 notification procedures of, the Committees on Ap- 13 propriations. 14 (3) TRANSFER BETWEEN ACCOUNTS.-Funds 15 made available pursuant to this subsection under the 16 headings "Global Health Programs" and "Inter- 17 national Disaster Assistance" may be transferred to, 18 and merged with, funds made available under such 19 headings: Provided, That such transfer authority is 20 in addition to any other transfer authority provided 21 by law. 22 (4) CLARIFICATION.-Funds made available 23 pursuant to this subsection are in addition to funds 24 otherwise made available for such purposes. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 280 1 (5) DESIGNATION.-The amounts repurposed 2 under this subsection are designated by the Con- 3 gress as an emergency requirement pursuant to sec- 4 tion 25l(b)(2)(A)(i) of the Balanced Budget and 5 Emergency Deficit Control Act of 1985 and shall be 6 available only if the President subsequently so des- 7 ignates all such amounts and transmits such des- 8 ignations to the Congress. 9 10 GENDER EQUALITY SEC. 7059. (a) GENDER EQUALITY.-Funds appro- 11 priated by this Act shall be made available to promote gen12 der equality in United States Government diplomatic and 13 development efforts by raising the status, increasing the 14 participation, and protecting the rights of women and girls 15 worldwide. 16 (b) WOMEN'S LEADERSHIP.-Of the funds appro- 17 priated by title III of this Act, not less than $50,000,000 18 shall be made available for programs specifically designed 19 to increase leadership opportunities for women in coun20 tries where women and girls suffer discrimination due to 21 law, policy, or practice, by strengthening protections for 22 women's political status, expanding women's participation 23 in political parties and elections, and increasing women's 24 opportunities for leadership positions in the public and 25 private sectors at the local, provincial, and national levels. February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.x:ml 281 1 (c) GENDER-BASED VIOLENCE.- 2 (l)(A) Of the funds appropriated under titles 3 III and IV of this Act, not less than $150,000,000 4 shall be made available to implement a multi-year 5 strategy to prevent and respond to gender-based vio- 6 lence in countries where it is common in conflict and 7 non-conflict settings. 8 (B) Funds appropriated under titles III and IV 9 of this Act that are available to train foreign police, 10 judicial, and military personnel, including for inter- 11 national peacekeeping operations, 12 where appropriate, prevention and response to gen- 13 der-based violence and trafficking in persons, and 14 shall promote the integration of women into the po- 15 lice and other security forces. shall address, 16 (2) Department of State and United States 17 Agency for International Development gender pro- 18 grams shall incorporate coordinated efforts to com- 19 bat a variety of forms of gender-based violence, in- 20 eluding child marriage, rape, female genital cutting 21 and mutilation, and domestic violence, among other 22 forms of gender-based violence in conflict and non- 23 conflict settings. 24 (d) WOMEN, PEACE, AND SECURITY.-Funds appro- 25 priated by this Act under the headings ''Development As- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 282 1 sistance", "Economic Support Fund", "Assistance for Eu2 rope, Eurasia and Central Asia", and "International N ar3 cotics Control and Law Enforcement" should be made 4 available to support a multi-year strategy to expand, and 5 improve coordination of, United States Government ef6 forts to empower women as equal partners in conflict pre- 7 vention, peace building, transitional processes, and recon8 struction efforts in countries affected by conflict or in po9 litical transition, and to ensure the equitable provision of 10 relief and recovery assistance to women and girls. 11 (e) W 01\IEN AND GIRLS AT RISK FROM EXTRE- 12 l\IISM.-Of the funds appropriated by this Act under the 13 heading "Economic Support Fund", not less than 14 $15,000,000 shall be made available to support women 15 and girls who are at risk from extremism and conflict, and 16 for the activities described in section 7059(e)(l) of the De17 partment of State, Foreign Operations, and Related Pro18 grams Appropriations Act, 2018 (division K of Public Law 19 115-141): Provided, That such funds are in addition to 20 amounts otherwise made available by this Act for such 21 purposes, and shall be made available following consulta22 tion with, and the regular notification procedures of, the 23 Committees on Appropriations. February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 283 1 SECTOR ALLOCATIONS 2 SEC. 3 EDUCATION.- 4 7060. (a) BASIC EDUCATION AND HIGHER (1) BASIC EDUCATION.- 5 (A) Of the funds appropriated under title 6 III of this Act, not less than $800,000,000 7 shall be made available for assistance for basic 8 education, and such funds may be made avail- 9 able notwithstanding any other provision of law 10 that restricts assistance to foreign countries: 11 Provided, That such funds shall also be used 12 for secondary education activities: Provided fur- 13 ther, That notifications submitted for basic edu- 14 cation programs should, as applicable, describe 15 activities conducted in support of non-state 16 schools: Provided further, That the Adminis- 17 trator of the United States Agency for Inter- 18 national Development, following consultation 19 with the Committees on Appropriations, may 20 reprogram such funds between countries. 21 (B) Not later than 30 days after enact- 22 ment of this Act, the USAID Administrator 23 shall report to the Committees on Appropria- 24 tions on the status of cumulative unobligated 25 balances and obligated, but unexpended, bal- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 284 1 ances m each country where USAID provides 2 basic education assistance and such report shall 3 also include details on the types of contracts 4 and grants provided and the goals and objec- 5 tives of such assistance: Provided, That the 6 USAID Administrator shall update such report 7 on a quarterly basis until September 30, 2020: 8 Provided further, That if the USAID Adminis- 9 trator determines that any unobligated balances 10 of funds specifically designated for assistance 11 for basic education in prior Acts making appro- 12 priations for the Department of State, foreign 13 operations, and related programs are in excess 14 of the absorptive capacity of recipient countries, 15 such funds may be made available for other 16 programs authorized under chapter 1 of part I 17 of the Foreign Assistance Act of 1961, notwith- 18 standing such funding designation: Provided 19 further, That the authority of the previous pro- 20 viso shall be subject to prior consultation with, 21 and the regular notification procedures of, the 22 Committees on Appropriations. 23 (C) Of the funds appropriated under title 24 III of this Act for assistance for basic education 25 programs, not less than $90,000,000 shall be February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 285 1 made available for a contribution to multilateral 2 partnerships that support education. 3 (2) HIGHER EDUCATION.-Of the funds appro- 4 priated by title III of this Act, not less than 5 $235,000,000 shall be made available for assistance 6 for higher education: Provided, That such funds may 7 be made available notwithstanding any other provi- 8 sion of law that restricts assistance to foreign coun- 9 tries, and shall be subject to the regular notification 10 procedures of the Committees on Appropriations: 11 Provided further, That of such amount, not less than 12 $35,000,000 shall be made available for human and 13 institutional capacity building partnerships between 14 higher education institutions in the United States 15 and developing countries, of which not less than 16 $15,000,000 shall be for new partnerships: Provided 17 further, That not later than 45 days after enactment 18 of this Act, the USAID Administrator shall consult 19 with the Committees on Appropriations on the pro- 20 posed uses of funds for such partnerships. 21 (b) DEVELOPMENT PROGRAMS.-Of the funds appro- 22 priated by this Act under the heading "Development As23 sistance", not less than $12,000,000 shall be made avail24 able for cooperative development programs of USAID, and 25 not less than $30,000,000 shall be made available for the February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 286 1 American Schools and Hospitals Abroad program: Pro2 vided, That any substantive modifications from the prior 3 fiscal year to the evaluation methodology or criteria for 4 selecting grantees for the American Schools and Hospitals 5 Abroad program shall be subject to prior consultation with 6 the Committees on Appropriations. 7 8 (c) ENVIRONMENT PROGRAl\IS.- (1) AUTHORITY AND NOTIFICATION.- 9 (A) Funds appropriated by this Act to 10 carry out the provisions of sections 103 through 11 106, and chapter 4 of part II, of the Foreign 12 Assistance Act of 1961 may be used, notwith- 13 standing any other provision of law, except for 14 the provisions of this subsection, to support en- 15 vironment programs. 16 (B) Funds made available pursuant to this 17 subsection shall be subject to the regular notifi- 18 cation procedures of the Committees on Appro- 19 priations. 20 (C) None of the funds in this Act are ap- 21 propriated or otherwise made available for a 22 contribution, grant, or any other payment for 23 the Green Climate Fund. 24 (2) CONSERVATION PROGRAMS .AND LIMITA- 25 February 9, 2019 (2:13 p.m.) TIO NS.- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 287 1 (A) Of the funds appropriated under title 2 III of this Act, not less than $285,000,000 3 shall be made available for biodiversity con- 4 servation programs. 5 (B) Not less than $90,664,000 of the 6 funds appropriated under titles III and IV of 7 this Act shall be made available to combat the 8 transnational threat of wildlife poaching and 9 trafficking. 10 (C) None of the funds appropriated under 11 title IV of this Act may be made available for 12 training or other assistance for any military 13 unit or personnel that the Secretary of State 14 determines has been credibly alleged to have 15 participated in wildlife poaching or trafficking, 16 unless the Secretary reports to the appropriate 17 congressional committees that to do so is in the 18 national security interest of the United States. 19 (D) Funds appropriated by this Act for 20 biodiversity programs shall not be used to sup- 21 port the expansion of industrial scale logging or 22 any other industrial scale extractive activity 23 into areas that were primary/intact tropical for- 24 ests as of December 30, 2013, and the Sec- 25 retary of the Treasury shall instruct the United February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 288 1 States executive directors of each international 2 financial institutions (IFI) to vote against any 3 financing of any such activity. 4 (3) LARGE DAl\IS.-The Secretary of the Treas- 5 ury shall instruct the United States executive direc- 6 tor of each IFI that it is the policy of the United 7 States to vote in relation to any loan, grant, strat- 8 egy, or policy of such institution to support the con- 9 struction of any large dam consistent with the cri- 10 teria set forth in Senate Report 114-79, while also 11 considering whether the project involves important 12 foreign policy objectives. 13 (4) SUSTAINABLE LANDSCAPES.-Of the funds 14 appropriated under title III of this Act, not less than 15 $125,000,000 shall be made available for sustainable 16 landscapes programs. 17 (d) FOOD SECURI'l'Y AND AGRICULTURAL DEVELOP- 18 1\IENT.-Of the funds appropriated by title III of this Act, 19 not less than $1,000,600,000 shall be made available for 20 food security and agricultural development programs to 21 carry out the purposes of the Global Food Security Act 22 of 2016 (Public Law 114-195), of which not less than 23 $315,960,000 shall be made available for the Bureau for 24 Food Security, USAID, including not less than 25 $55,000,000 for the :B'eed the Future Innovation Labs: February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 289 l Provided, That funds may be made available for a con2 tribution as authorized by section 3202 of the Food, Con3 servation, and Energy Act of 2008 (Public Law 110-246), 4 as amended by section 3206 of the Agricultural Act of 5 2014 (Public Law 113-79). 6 (e) 7 funds MICRO- SMALL ENTERPRISES.-Of the AND appropriated by this Act, not less than 8 $265,000,000 shall be made available to support the devel- 9 opment of, and access to financing for, micro- and small 10 enterprises that benefit the poor, especially women. 11 (f) PROGRAMS To COMBAT TRAFFICIITNG IN PER- 12 SONS.-Of the funds appropriated by this Act under the 13 headings "Development Assistance", "Economic Support 14 Fund", "Assistance for Europe, Eurasia and Central 15 Asia", and "International Narcotics Control and Law En16 forcement", not less than $67,000,000 shall be made 17 available for activities to combat trafficking in persons 18 internationally, of which not less than $45,000,000 shall 19 be from funds made available under the heading "Inter20 national Narcotics Control and Law Enforcement": Pro2 l vided, That funds appropriated by this Act that are made 22 available for programs to end modern slavery shall be in 23 addition to funds made available by this subsection to 24 combat trafficking in persons. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 290 1 (g) RECONCILIATION PROGRAMS.-Funds appro- 2 priated by this Act under the headings "Economic Sup- 3 port Fund" and ."Development Assistance" shall be made 4 available to support people-to-people reconciliation pro- 5 grams which bring together individuals of different ethnic, 6 religious, and political backgrounds from areas of civil 7 strife and war: Provided, That the USAID Administrator 8 shall consult with the Committees on Appropriations, prior 9 to the initial obligation of funds, on the uses of such funds, 10 and such funds shall be subject to the regular notification 11 procedures of the Committees on Appropriations: Provided 12 further, That to the maximum extent practicable, such 13 funds shall be matched by sources other than the United 14 States Government: Provided further, That such funds 15 shall be administered by the Office of Conflict Manage16 ment and Mitigation, USAID. 17 (h) WATER AND SANITATION.-Of the funds appro- 18 priated by this Act, not less than $435,000,000 shall be 19 made available for water supply and sanitation projects 20 pursuant to section 13 6 of the Foreign Assistance Act of 21 1961, of which not less than $195,000,000 shall be for 22 programs in sub-Saharan Africa, and of which not less 23 than $15,000,000 shall be made available to support ini24 tiatives by local communities in developing countries to 25 build and maintain safe latrines. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 291 1 2 ENTERPRISE FUNDS SEC. 7061. (a) NOTIFICATION.-None of the funds 3 made available under titles III through VI of this Act may 4 be made available for Enterprise Funds unless the appro- 5 priate congressional committees are notified at least 15 6 days in advance. 7 (b) DISTRIBUTION OF ASSETS PLAN.-Prior to the 8 distribution of any assets resulting from any liquidation, 9 dissolution, or winding up of an Enterprise Fund, in whole 10 or in part, the President shall submit to the appropriate 11 congressional committees a plan for the distribution of the 12 assets of the Enterprise Fund. 13 (c) TRANSITION OR OPERATING PLAN.-Prior to a 14 transition to and operation of any private equity fund or 15 other parallel investment fund under an existing Enter16 prise Fund, the President shall submit such transition or 17 operating plan to the appropriate congressional commit18 tees. 19 20 IMPACT ON JOBS IN THE UNITED STATES SEC. 7062. None of the funds appropriated or other- 21 wise made available under titles III through VI of this 22 Act may be obligated or expended to provide23 (1) any financial incentive to a business enter- 24 prise currently located in the United States for the 25 purpose of inducing such an enterprise to relocate February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 292 1 outside the United States if such incentive or in- 2 ducement is likely to reduce the number of employ- 3 ees of such business enterprise in the United States 4 because United States production is being replaced 5 by such enterprise outside the United States; 6 (2) assistance for any program, project, or ac- 7 tivity that contributes to the violation of internation- 8 ally recognized workers' rights, as defined in section 9 507(4) of the Trade Act of 1974, of workers in the 10 recipient country, including any designated zone or 11 area in that country: Provided, That the application 12 of section 507(4)(D) and (E) of such Act should be 13 commensurate with the level of development of the 14 recipient country and sector, and shall not preclude 15 assistance for the informal sector in such country, 16 micro and small-scale enterprise, and smallholder 17 agriculture; 18 (3) any assistance to an entity outside the 19 United States if such assistance is for the purpose 20 of directly relocating or transferring jobs from the 21 United States to other countries and adversely im- 22 pacts the labor force in the United States; or 23 24 February 9, 2019 (2:13 p.m.) (4) for the enforcement of any rule, regulation, policy, or guidelines implemented pursuant to- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 293 1 (A.) the third proviso of subsection 7079(b) 2 of the Department of State, Foreign Oper- 3 ations, and Related Programs Appropriations 4 A.ct, 2010 (division F of Public Law 111-117); 5 (B) the modification proposed by the Over- 6 seas Private Investment Corporation in Novem- 7 ber 2013 to the Corporation's Environmental 8 and Social Policy Statement relating to coal; or 9 (C) the Supplemental Guidelines for High 10 Carbon Intensity Projects approved by the Ex- 11 port-Import Bank of the United States on De- 12 cember 12, 2013, 13 when enforcement of such rule, regulation, policy, or 14 guidelines would prohibit, or have the effect of pro- 15 hibiting, any coal-fired or other power-generation 16 project the purpose of which is to: (i) provide afford- 17 able electricity in International Development A.sso- 18 ciation (IDA.)-eligible countries and IDA-blend coun- 19 tries; and (ii) increase exports of goods and services 20 from the United States or prevent the loss of jobs 21 from the United States. 22 OVERSEAS PRNATE INVESTl\IEN'l' CORPORATION 23 SEC. 7063. (a) TRANSFER OF FUNDS.-:whenever 24 the President determines that it is in furtherance of the 25 purposes of the Foreign Assistance A.ct of 1961, up to a February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 294 1 total of $20,000,000 of the funds appropriated under title 2 III of this Act may be transferred to, and merged with, 3 funds appropriated by this Act for the Overseas Private 4 Investment Corporation Program Account, to be subject 5 to the terms and conditions of that account: Provided, 6 That such funds shall not be available for administrative 7 expenses of the Overseas Private Investment Corporation: 8 Provided further, That designated funding levels in this 9 Act shall not be transferred pursuant to this section: Prol O vided further, That the exercise of such authority shall be 11 subject to the regular notification procedures of the Com12 mittees on Appropriations. 13 (b) AUTHORITY.-Notwithstanding section 235(a)(2) 14 of the Foreign Assistance Act of 1961, the authority of 15 subsections (a) through (c) of section 234 of such Act 16 shall remain in effect until September 30, 2019. 17 18 INSPECTORS GENERAL SEC. 7064. (a) PROHIBITION ON USE OF FUNDS.- 19 None of the funds appropriated by this Act may be used 20 to deny an Inspector General funded under this Act timely 21 access to any records, documents, or other materials avail- 22 able to the department or agency of the United States 23 Government over which such Inspector General has re24 sponsibilities under the Inspector General Act of 1978 (5 25 U.S.C. App.), or to prevent or impede the access of such February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 295 1 Inspector General to such records, documents, or other 2 materials, under any provision of law, except a provision 3 of law that expressly refers to such Inspector General and 4 expressly limits the right of access of such Inspector Gen- 5 eral. 6 (b) TIMELY ACCESS.-A department or agency of the 7 United States Government covered by this section shall 8 provide its Inspector General access to all records, docu9 ments, and other materials in a timely manner. 10 (c) COMPLIANCE.-Each Inspector General covered 11 by this section shall ensure compliance with statutory limi12 tations on disclosure relevant to the information provided 13 by the department or agency over which that Inspector 14 General has responsibilities under the Inspector General 15 Act of 1978 (5 U.S.C. App.). 16 (d) REPORT.-Each Inspector General covered by 17 this section shall report to the Committees on Appropria18 tions within 5 calendar days of any failure by any depart19 ment or agency of the United States Government to pro20 vide its Inspector General access to all requested records, 21 documents, and other materials. 22 23 GLOBAL INTERNET FREEDOM SEC. 7065. (a) FUNDING.-Of the funds available for 24 obligation during fiscal year 2019 under the headings 25 "International February 9, 2019 (2:13 p.m.) Broadcasting Operations", "Economic U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 296 1 Support Fund", "Democracy Fund", and "Assistance for 2 Europe, Eurasia and Central Asia'', not less than 3 $60,500,000 shall be made available for programs to pro4 mote Internet freedom globally: Provided, That such pro- 5 grams shall be prioritized for countries whose governments 6 restrict freedom of expression on the Internet, and that 7 are important to the national interest of the United 8 States: Provided further, That funds made available pursu9 ant to this section shall be matched, to the maximum ex10 tent practicable, by sources other than the United States 11 Government, including from the private sector. 12 (b) REQUIREMENTS.- 13 (1) Funds appropriated by this Act under the 14 headings "Economic Support Fund", "Democracy 15 Fund", and "Assistance for Europe, Eurasia and 16 Central Asia" that are made available pursuant to 17 subsection (a) shall be- 18 (A) coordinated with other democracy pro- 19 grams funded by this Act under such headings, 20 and shall be incorporated into country assist- 21 ance and democracy promotion strategies, as 22 appropriate; 23 (B) for programs to implement the May 24 2011, International Strategy for Cyberspace; 25 the Department of State International Cyber- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 297 1 space Policy Strategy required by section 402 2 of the Cybersecurity Act of 2015 (division N of 3 Public Law 114-113); and the comprehensive 4 strategy to promote Internet freedom and ac- 5 cess to information in Iran, as required by sec- 6 tion 414 of the Iran Threat Reduction and 7 Syria Human Rights Act of 2012 (22 U.S.C. 8 8754); 9 (C) made available for programs that sup- 10 port the efforts of civil society to counter the 11 development of repressive Internet-related laws 12 and regulations, including countering threats to 13 Internet freedom at international organizations; 14 to combat violence a.gainst bloggers and other 15 users; and to enhance digital security training 16 and capacity building for democracy activists; 17 (D) made available for research of key 18 threats to Internet freedom; the continued de- 19 velopment of technologies that provide or en- 20 hance access to the Internet, including cir- 21 cumvention tools that bypass Internet blocking, 22 filtering, and other censorship techniques used 23 by authoritarian governments; and maintenance 24 of the technological advantage of the United 25 States Government over such censorship tech- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xrnl 298 1 mques: Provided, That the Secretary of State, 2 in consultation with the Chief Executive Officer 3 (CEO) of the Broadcasting Board of Governors 4 (BBG), shall coordinate any such research and 5 development 6 United States Government departments and 7 agencies in order to share information, tech- 8 nologies, and best practices, and to assess the 9 effectiveness of such technologies; and programs with other relevant 10 (E) made available only after the Assistant 11 Secretary for Democracy, Human Rights, and 12 Labor, Department of State, concurs that such 13 funds are allocated consistent with- 14 15 (i) the strategies referenced 1n subparagraph (B) of this paragraph; 16 (ii) best practices regarding security 17 for, and oversight of, Internet freedom pro- 18 grams; and 19 (iii) sufficient resources and support 20 for the development and maintenance of 21 anti-censorship technology and tools. 22 (2) Funds appropriated by this Act under the 23 heading "International Broadcasting Operations" 24 that are made available pursuant to subsection (a) 25 shall be- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 299 1 (A) made available only for tools and tech- 2 niques to securely develop and distribute BBG 3 digital content; facilitate audience access to 4 such content on websites that are censored; co- 5 ordinate the distribution of BBG digital content 6 to targeted regional audiences; and to promote 7 and distribute such tools and techniques, m- 8 cluding digital security techniques; 9 (B) coordinated with programs funded by 10 this Act under the heading ''International 11 Broadcasting Operations", and shall be incor- 12 porated into country broadcasting strategies, as 13 appropriate; 14 (C) coordinated by the BBG CEO to pro- 15 vide Internet circumvention tools and tech- 16 niques for audiences in countries that are stra- 17 tegic priorities for the BBG and in a manner 18 consistent with the BBG Internet freedom 19 strategy; and 20 (D) made available for the research and 21 development of new tools or techniques author- 22 ized in paragraph (A) only after the BBG CEO, 23 in consultation with the Secretary of State and 24 other relevant United States Government de- 25 partments and agencies, evaluates the risks and February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 300 1 benefits of such new tools or techniques, and 2 establishes safeguards to minimize the use of 3 such new tools or techniques for illicit purposes. 4 (c) COORDINATION AND SPEND PLANs.-After con- 5 sultation among the relevant agency heads to coordinate 6 and de-conflict planned activities, but not later than 90 7 days after enactment of this Act, the Secretary of State 8 and the BBG CEO shall submit to the Committees on Ap9 propriations spend plans for funds made available by this 10 Act for programs to promote Internet freedom globally, 11 which shall include a description of safeguards established 12 by relevant agencies to ensure that such programs are not 13 used for illicit purposes: Provided, That the Department 14 of State spend plan shall include funding for all such pro- 15 grams for all relevant Department of State and the United 16 States Agency for International Development offices and 17 bureaus. 18 (d) SECURITY AUDITS.-Funds made available pur- 19 suant to this section to promote Internet freedom globally 20 may only be made available to support technologies that 21 undergo comprehensive security audits conducted by the 22 Bureau of Democracy, Human Rights, and Labor, De23 partment of State to ensure that such technology is secure 24 and has not been compromised in a manner detrimental 25 to the interest of the United States or to individuals and February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 301 1 organizations benefiting from programs supported by such 2 funds: Provided, That the security auditing procedures 3 used by such Bureau shall be reviewed and updated peri4 odically to reflect current industry security standards. 5 (e) SuRGE.-Of the funds appropriated by this Act 6 under the heading "Economic Support Fund", up to 7 $2,500,000 may be made available to surge Internet free8 dom programs in closed societies if the Secretary of State 9 determines and reports to the appropriate congressional 10 committees that such use of funds is in the national inter11 est: Provided, That such funds are in addition to amounts 12 made available for such purposes: Provided further, That 13 such funds may be transferred to, and merged with, funds 14 appropriated by this Act under the heading ''International 15 Broadcasting Operations" following consultation with, and 16 the regular notification procedures of, the Committees on 17 Appropriations. 18 19 1\IULTI-YEAR PLEDGES SEC. 7066. None of the funds appropriated by this 20 Act may be used to make any pledge for future year fund21 ing for any multilateral or bilateral program funded in ti22 tles III through VI of this Act unless such pledge was23 (1) previously justified, including the projected 24 future year costs, in a congressional budget justifica- 25 tion; February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xrnl 302 1 (2) included in an Act making appropriations 2 for the Department of State, foreign operations, and 3 related programs or previously authorized by an Act 4 of Congress; 5 (3) notified in accordance with the regular noti- 6 fication procedures of the Committees on Appropria- 7 tions, including the projected future year costs; or 8 (4) the subject of prior consultation with the 9 Committees on Appropriations and such consultation 10 was conducted at least 7 days in advance of the 11 pledge. 12 TORTURE AND OTHER CRUEL, INHUJ\Lill, OR DEGRADING 13 TREATMENT OR PUNISHMENT 14 SEC. 7067. (a) LIMITATION.-None of the funds 15 made available by this Act may be used to support or jus16 tify the use of torture and other cruel, inhuman, or de17 grading treatment or punishment by any official or con18 tract employee of the United States Government. 19 (b) ASSISTANCE .-Funds appropriated under titles 20 III and IV of this Act shall be made available, notwith21 standing section 660 of the Foreign Assistance Act of 22 1961 and following consultation with the Committees on 23 Appropriations, for assistance to eliminate torture and 24 other cruel, inhuman, or degrading treatment or punish25 ment by foreign police, military or other security forces February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 303 1 in countries receiving assistance from funds appropriated 2 by this Act. 3 4 EXTRADITION SEC. 7068. (a) LIMITATION.-None of the funds ap- 5 propriated in this Act may be used to provide assistance 6 (other than funds provided under the headings "Inter- 7 national Disaster Assistance", "Complex Crises Fund", 8 "International Narcotics Control and Law Enforcement", 9 "Migration and Refugee Assistance", "United States 10 Emergency Refugee and Migration Assistance Fund", and 11 "Nonproliferation, Anti-terrorism, Demining and Related 12 Assistance") for the central government of a country 13 which has notified the Department of State of its refusal 14 to extradite to the United States any individual indicted 15 for a criminal offense for which the maximum penalty is 16 life imprisonment without the possibility of parole or for 17 killing a law enforcement officer, as specified in a United 18 States extradition request. 19 (b) CLARIFICATION.-Subsection (a) shall only apply 20 to the central government of a country with which the 21 United States maintains diplomatic relations and with 22 which the United States has an extradition treaty and the 23 government of that country is in violation of the terms 24 and conditions of the treaty. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 304 1 (c) WAIVER.-The Secretary of State may waive the 2 restriction in subsection (a) on a case-by-case basis if the 3 Secretary certifies to the Committees on Appropriations 4 that such waiver is important to the national interest of 5 the United States. 6 7 \VAR CRIMES TRIBUNALS SEC. 7069. If the President determines that doing so 8 will contribute to a just resolution of charges regarding 9 genocide or other violations of international humanitarian 10 law, the President may direct a drawdown pursuant to sec- 11 tion 552(c) of the Foreign .Assistance Act of 1961 of up 12 to $30,000,000 of commodities and services for the United 13 Nations War Crimes Tribunal established with regard to 14 the former Yugoslavia by the United Nations Security 15 Council or such other tribunals or commissions as the 16 Council may establish or authorize to deal with such viola17 tions, without regard to the ceiling limitation contained 18 in paragraph (2) thereof: Provided, That the determina19 tion required under this section shall be in lieu of any de- 20 terminations otherwise required under section 552(c): Pro21 vided further, That funds made available pursuant to this 22 section shall be made available subject to the regular noti- 23 fication procedures of the Committees on Appropriations. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 305 1 2 BUDGET DOCUMENTS SEC. 7070. (a) OPERATING PLANs.-Not later than 3 45 days after the date of enactment of this Act, each de4 partment, agency, or organization funded in titles I, II, 5 and VI of this Act, and the Department of the Treasury 6 and Independent Agencies funded in title III of this Act, 7 including the Inter-American Foundation and the United 8 States African Development Foundation, shall submit to 9 the Committees on Appropriations an operating plan for 10 funds appropriated to such department, agency, or organi11 zation in such titles of this Act, or funds otherwise avail12 able for obligation in fiscal year 2019, that provides de13 tails of the uses of such funds at the program, project, 14 and activity level: Provided, That such plans shall include, 15 as applicable, a comparison between the congressional 16 budget justification funding levels, the most recent con17 gressional directives or approved funding levels, and the 18 funding levels proposed by the department or agency; and 19 a clear, concise, and informative description/justification: 20 Provided further, That if such department, agency, or or21 ganization receives an additional amount under the same 22 heading in title VIII of this Ac't, operating plans required 23 by this subsection shall include consolidated information 24 on all such funds: Provided further, That operating plans 25 that include changes in levels of funding for programs, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 306 1 projects, and activities specified in the congressional budg2 et justification, in this Act, or amounts specifically des3 ignated in the respective tables included in the joint ex4 planatory statement accompanying this Act, as applicable, 5 shall be subject to the notification and reprogramming re6 quirements of section 7015 of this Act. 7 (b) SPEND PLANS.- 8 (1) Prior to the initial obligation of funds but 9 not later than 120 days after enactment of this Act, 10 the Secretary of State or Administrator of the 11 United States Agency for International Develop- 12 ment, as appropriate, shall submit to the Commit- 13 tees on Appropriations a spend plan for funds made 14 available by this Act, for- 15 (A) assistance for Afghanistan, Iraq, Leb- 16 anon, Pakistan, the West Bank and Gaza, Co- 17 lombia, and countries in Central America; 18 (B) assistance made available pursuant to 19 section 7 04 7 (d) of this Act to counter Russian 20 influence and aggression, except that such plan 21 shall be on a country-by-country basis; 22 23 24 February 9, 2019 (2:13 p.m.) (C) assistance made available pursuant to section 7059 of this Act; (D) the Indo-Pacific Strategy; SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 307 1 (E) democracy programs, Power Africa, 2 programs to support section 7071(a) of this 3 Act, and sectors enumerated in subsections (a), 4 (c), (d), (e), (f), (g), and (h) of section 7060 5 of this Act; and 6 (F) funds provided under the heading 7 "International Narcotics Control and Law En- 8 forcement" for International Organized Crime 9 and for Cybercrime and Intellectual Property 10 Rights: Provided, That the spend plans shall in- 11 elude bilateral and global programs funded 12 under such heading along with a brief descrip- 13 tion of the activities planned for each country. 14 (2) Not later than 45 days after enactment of 15 this Act, the Secretary of the Treasury shall submit 16 to the Committees on Appropriations a detailed 17 spend plan for funds made available by this Act 18 under the heading "Department of the Treasury, 19 International Affairs Technical Assistance" in title 20 III. 21 (3) Notwithstanding paragraph (1), up to 10 22 percent of the funds contained in a spend plan re- 23 quired by this subsection may be obligated prior to 24 the submission of such spend plan if the Secretary 25 of State or the USAID Administrator, as appro- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 308 1 priate, determines that the obligation of such funds 2 is necessary to avoid significant programmatic dis- 3 ruption: Provided, That not less than seven days 4 prior to such obligation, the Secretary or Adminis- 5 trator, as appropriate, shall consult with the Com- 6 mittees on Appropriations on the justification for 7 such obligation and the proposed uses of such funds. 8 (c) SPENDING REPORT .-Not later than 45 days 9 after enactment of this Act, the USAID Administrator 10 shall submit to the Committees on Appropriations a de11 tailed report on spending of funds made available during 12 fiscal year 2018 under the heading "Development Credit 13 Authority". 14 (d) CLARIFICATION.-The spend plans referenced in 15 subsection (b) shall not be considered as meeting the noti16 fication requirements in this Act or under section 634A 17 of the Foreign Assistance Act of 19 61. 18 (e) CONGRESSIONAL BUDGET JUSTIFIGATION.- 19 (1) The congressional budget justification for 20 Department of State operations and foreign oper- 21 ations shall be provided to the Committees on Ap- 22 propriations concurrent with the date of submission 23 of the President's budget for fiscal year 2020: Pro- 24 vided, That the appendices for such justification February 9, 2019 (2:13 p.m.) U :\2019CONF\DivF-SFOPS.xml SEN. APPRO. 309 1 shall be provided to the Committees on Appropria- 2 tions not later than 10 calendar days thereafter. 3 (2) The Secretary of State and the USAID Ad- 4 ministrator shall include in the congressional budget 5 justification a detailed justification for multi-year 6 availability for any funds requested under the head- 7 ings "Diplomatic Programs" and "Operating Ex- 8 penses". 9 STABILIZATION AND DKVELOP1\IENT IN REGIONS 10 11 IMPACTED BY EXTREMISM AND CONFLICT SEC. 7071. (a) COUNTERING FOREIGN FIGHTERS 12 .AND EXTREMIST 0RGANIZATIONS.-:F1unds appropriated 13 under titles III and IV of this Act shall be made available 14 for programs and activities to counter and defeat violent 15 extremism and foreign fighters abroad, consistent with the 16 strategy required by section 7073(a)(l) of the Department 17 of State, Foreign Operations, and Related Programs Ap- 18 propriations Act, 2017 (division J of Public Law 115-31): 19 Provided, That the Secretary of State shall ensure such 20 programs are coordinated with and complement the efforts 21 of other United States Government agencies and inter22 national partners, and that information gained through 23 the conduct of such programs is shared in a timely manner 24 with relevant departments and agencies of the United February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 310 1 States Government, other international partners, and the 2 appropriate conwessional committees, as appropriate. 3 (b) RELIEF _AND RECOVERY FUND.- 4 (1) FUNDS AND TRANSFER AUTHORITY.-Of 5 the funds appropriated by this Act under the head- 6 ings "Economic Support Fund", "International N ar- 7 cotics 8 proliferation, Anti-terrorism, Demining and Related 9 ProgTams", "Peacekeeping Operations", and "For- 10 eign Military Financing Prowam", not less than 11 $200,000,000 shall be made available for the Relief 12 and Recovery Fund for assistance for areas liberated 13 or at risk from, or under the control of, the Islamic 14 State of Iraq and Syria, other terrorist orgamza- 15 tions, or violent extremist organizations, including 16 for stabilization assistance for vulnerable ethnic and 17 religious minority communities affected by conflict: 18 Provided, That such funds are in addition to 19 amounts otherwise made available for such purposes 20 and to amounts specifically designated in this Act or 21 in the joint explanatory statement accompanying 22 this Act for assistance for countries: Provided fur- 23 ther, That such funds appropriated under such head- 24 ings may be transferred to, and merged with, funds 25 appropriated under such headings: Provided further, February 9, 2019 (2:13 p.m.) Control and Law Enforcement", "Non- SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 311 1 That such transfer authority is m addition to any 2 other transfer authority provided by this Act or any 3 other Act, and is subject to the regular notification 4 procedures of the Committees on Appropriations. 5 (2) TRANSITIONAL JUSTICE.-Of the funds ap- 6 propriated by this Act under the heading "Inter- 7 national Narcotics Control and Law Enforcement" 8 that are made available for the Relief and Recovery 9 Fund, not less than $5,000,000 shall be made avail- IO able for programs to promote accountability in Iraq 11 and Syria for genocide, crimes against humanity, 12 and war crimes, which shall be in addition to any 13 other funds made available by this Act for such pur- 14 poses: Provided, That such programs shall include 15 components to develop local investigative and judi- 16 cial skills, and to collect and preserve evidence and 17 maintain the chain of custody of evidence, including 18 for use in prosecutions: Provided further, That such 19 funds shall be administered by the Special Coordi- 20 nator for the Office of Global Criminal Justice, De- 21 partment of State: Provided further, That funds 22 made available by this paragraph shall only be made 23 available on an open and competitive basis. 24 (3) FUNDS FOR JORDAN AND TUNISIA.-Of the 25 funds appropriated in prior Acts making appropria- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 312 1 tions for the Department of State, foreign oper- 2 ations, and related programs that are made available 3 for the Relief and Recovery Fund, not less than the 4 following amounts shall be made available- 5 6 (A) $50,000,000 for assistance for Jordan; and 7 8 (B) $50,000,000 for assistance for Tunis1a: 9 Provided, That such funds are m addition to 10 amounts otherwise made available by this Act for 11 such countries. 12 (c) PREVENTION OF FAILED ST~lTES THROUGH PUB- 13 LIC-PRIVATE P ARTNERSHIPS.-Of the funds appropriated 14 by this Act and prior Acts making appropriations for the 15 Department of State, foreign operations, and related pro16 grams that are made available for the Relief and Recovery 17 Fund, up to $10,000,000 shall be made available to imple- 18 ment the program described under this section in the joint 19 explanatory statement accompanying this Act, which shall 20 be apportioned to USAID not later than 90 days after 21 enactment of this Act: Provided, That such funds shall 22 be in addition to funds made available for bilateral assist23 ance for such countries, and shall remain available until 24 expended: Provided further, That in addition to funds oth25 erwise made available for such purposes, up to $750,000 February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 313 1 of the funds made available by this paragraph may be used 2 by USAID for administrative expenses related to the de3 sign and implementation of such program. 4 (d) COUNTER VIOLENT EXTREMISM IN ASIA.-Of 5 the funds appropriated by this Act under the heading 6 "Economic Support Fund", not less than $2,500,000 shall 7 be made available for programs to counter violent extre8 mism in Asia, including within the Buddhist community: 9 Provided, That such funds shall be administered by the 10 Mission Director of the Regional Development Mission for 11 Asia, USAID: Provided further, That such funds are in 12 addition to funds otherwise made available for such pur13 poses. 14 (e) FRAGILE STATES AND EXTREMISl\L-Funds ap- 15 propriated by this Act shall be made available for the pur16 poses of section 7080 of the Department of State, Foreign 17 Operations, and Related Programs Appropriations Act, 18 2017 (division J of Public Law 115-31), subject to the 19 regular notification procedures of the Committees on Ap20 propriations. 21 (f) GLOBAL CONCESSIONAL FINANCING FACILITY.- 22 Funds appropriated by this Act under the heading ''Eco23 nomic Support Fund" may be made available for the Glob24 al Concessional Financing Facility of the World Bank to 25 provide financing to support refugees and host commu- February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 314 1 nities: Provided, That such funds shall be in addition to 2 funds made available for bilateral assistance in the report 3 required by section 653(a) of the Foreign Assistance Act 4 of 1961, and may only be made available subject to prior 5 consultation with the Committees on Appropriations. 6 7 UNITED NATIONS POPULATION FUND SEC. 7072. (a) CONTRIBUTION.-Of the funds made 8 available under the heading "International Organizations 9 and Programs" in this Act for fiscal year 2019, 10 $32,500,000 shall be made available for the United Na11 tions Population Fund (UNFPA). 12 (b) AVAILABILITY OF FUNDS.-Funds appropriated 13 by this Act for UNFPA, that are not made available for 14 UNFPA because of the operation of any provision of law, 15 shall be transferred to the "Global Health Programs" ac16 count and shall be made available for family planning, ma17 ternal, and reproductive health activities, subject to the 18 regular notification procedures of the Committees on Ap19 propriations. 20 (c) PROHIBITION ON USE OF FUNDS IN CHINA.- 21 None of the funds made available by this Act may be used 22 by UNFPA for a country program in the People's Repub23 lie of China. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 315 1 (d) CONDITIONS ON AVAILABILITY OF FUNDS.- 2 Funds made available by this Act for UNFPA may not 3 be made available unless4 (1) UNFPA maintains funds made available by 5 this Act in an account separate from other accounts 6 of UNFPA and does not commingle such funds with 7 other sums; and 8 9 (2) UNFPA does not fund abortions. (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL- 10 LAR WITHHOLDING OF FUNDS.- 11 (1) Not later than 4 months after the date of 12 enactment of this Act, the Secretary of State shall 13 submit a report to the Committees on Appropria- 14 tions indicating the amount of funds that UNFPA 15 is budgeting for the year in which the report is sub- 16 mitted for a country program in the People's Repub- 17 lie of China. 18 (2) If a report under paragraph (1) indicates 19 that UNFPA plans to spend funds for a country 20 program in the People's Republic of China in the 21 year covered by the report, then the amount of such 22 funds UNFPA plans to spend in the People's Re- 23 public of China shall be deducted from the funds 24 made available to UNFPA after March 1 for obliga- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 316 1 tion for the remainder of the fiscal year in which the 2 report is submitted. 3 4 5 REORG..ANIZ..A.TION AND INFORMATION TECHNOLOGY SEC. 7073. (a) 0VERSIGHT.- (1) PRIOR CONSULTATION AND NOTIFICA- 6 TION.-Funds appropriated by this Act, prior Acts 7 making appropriations for the Department of State, 8 foreign operations, and related programs, or any 9 other Act may not be used to implement a reorga- 10 nization, redesign, or other plan described in para- 11 graph (2) by the Department of State, the United 12 States Agency for International Development, or any 13 other Federal department, agency, or organization 14 funded by this Act without prior consultation by the 15 head of such department, agency, or organization 16 with the appropriate congressional committees: Pro- 17 vided, That such funds shall be subject to the reg- 18 ular notification procedures of the Committees on 19 Appropriations: Provided further, That any such no- 20 tification submitted to such Committees shall include 21 a detailed justification for any proposed action, in- 22 eluding the information specified under this section 23 in the joint explanatory statement accompanying 24 this Act: Provided further, That congressional notifi- 25 cations submitted during the previous fiscal year February 9, 2019 (2:13 p.m.) SEN. APPRO. U :\2019CONF\DivF-SFOPS.xml 317 1 pursuant to section 7081 of the Department of 2 State, Foreign Operations, and Related Programs 3 Appropriations Act, 2018 (division K of Public Law 4 115-141) may be deemed to meet the notification 5 requirements of this section. 6 (2) DESCRIPTION OF .ACTIVITIES.-Pursuant to 7 paragraph (1), a reorganization, redesign, or other 8 plan shall include any action to- 9 (A) expand, eliminate, consolidate, or 10 downsize covered departments, agencies, or or- 11 ganizations, including bureaus and offices with- 12 in or between such departments, agencies, or 13 organizations, including the transfer to other 14 agencies of the authorities and responsibilities 15 of such bureaus and offices; 16 (B) expand, eliminate, consolidate, or 17 downsize the United States official presence 18 overseas including at bilateral, regional, and 19 multilateral diplomatic facilities and other plat- 20 forms; or 21 (C) expand or reduce the size of the Civil 22 Service, Foreign Service, eligible family mem- 23 ber, and locally employed staff workforce of the 24 Department of State and USAID from the on- 25 board levels as of December 31, 2017. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 318 1 (b) ADDITIONAL REQUIREMENTS AND LIMITA- 2 TIONS.- 3 (1) PERSONNEL LEVELS.-Funds made avail- 4 able by this Act are made available to support the 5 agency-wide on-board Foreign Service and Civil 6 Service staff levels of the Department of State and 7 USAID at not less than the levels as of December 8 31, 2017. 9 (2) REPORTS.- IO (A) Not later than 30 days after enact- 11 ment of this Act, and quarterly thereafter until 12 September 30, 2020, the USAID Administrator 13 shall submit a report to the appropriate con- 14 gressional committees on the status of USAID 15 reorganization as described in the joint explana- 16 tory statement accompanying this Act: Pro- l7 vided, That the USAID Administrator shall 18 consult with the appropriate congressional com- 19 mittees on the format of such reports. 20 (B) Not later than 60 days after enact- 21 ment of this Act and every 60 days thereafter 22 until September 30, 2020, the Secretary of 23 State, in the case of the Department of State, 24 and the USAID Administrator, in the case of 25 USAID, shall report to the appropriate congres- February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 319 1 sional committees on the on-board personnel 2 levels, hiring, and attrition of the Civil Service, 3 Foreign Service, eligible family member, and lo- 4 cally employed staff workforce of the Depart- 5 ment of State and USAID, as appropriate, on 6 an operating unit-by-operating unit basis: Pro- 7 vided, That such report shall also include a hir- 8 ing plan, including timelines, for maintaining 9 the agency-wide, on-board Foreign Service and 10 Civil Service at not less than the December 31, 11 201 7 level through fiscal year 2019. 12 (3) BURE.AU OF POPULATION, REFUGEES, .AND 13 MIGRATION, DEPARTMENT OF ST.ATE.-None of the 14 funds appropriated by this Act, prior Acts making 15 appropriations for the Department of State, foreign 16 operations, and related programs, or any other Act 17 may be used to downsize, downgrade, consolidate, 18 close, move, or relocate the Bureau of Population, 19 Refugees, and Migration, Department of State, or 20 any activities of such Bureau, to another Federal 21 agency. 22 23 (4) ADMINISTRATION OF FUNDS.-Funds made available by this Act- 24 (A) under the heading "Migration and 25 Refugee Assistance" shall be administered by February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 320 1 the Assistant Secretary for Population, Refu- 2 gees, and Migration, Department of State, and 3 this responsibility shall not be delegated; and 4 (B) that are made available for the Office 5 of Global Women's Issues shall be administered 6 by the United States Ambassador-at-Large for 7 Global Women's Issues, Department of State, 8 and this responsibility shall not be delegated. 9 ( 5) INFORMATION TECHNOLOGY PLATFORM.- 10 (A) None of the funds appropriated in title 11 I of this Act under the heading "Administration 12 of Foreign Affairs" may be made available for 13 a new major information technology (IT) in- 14 vestment without the concurrence of the Chief 15 Information Officer, Department of State. 16 (B) In complying with the requirements of 17 this paragraph, the Chief Information Officer, 18 Department of State, shall consider whether a 19 new major information technology investment- 20 (i) is consistent with the Department 21 22 Information Technology Strategic Plan; (ii) maintains consolidated control 23 over enterprise IT functions or improves 24 operational maintenance; February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xrnl SEN. APPRO. 321 1 2 (iii) improves Department of State resiliency to a cyber-attack; (iv) reduces Department of State IT 3 4 costs over the long-term; and 5 (v) is in accordance with the Federal 6 Acquisition Regulation (FAR), including 7 FAR Part 6 regarding competition require- 8 ments. 9 10 (6) TECHNOLOGY MODERNIZATION FUND Lil\IITATION.- 11 (A) None of the funds made available by 12 this Act and prior Acts making appropriations 13 for the Department of State, foreign operations, 14 and related programs may be used by an agen- 15 cy to submit a project proposal to the Tech- 16 nology Modernization Board for funding from 17 the Technology Modernization Fund unless, not 18 later than 15 days in advance of submitting the 19 project proposal to the Board, the head of the 20 agency- 21 (i) notifies the Committees on Appro- 22 priations of the proposed submission of the 23 project proposal; and 24 (ii) submits to the Committees on Ap- 25 propriations a copy of the project proposal. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 322 1 (B) None of the funds made available by 2 this Act and prior Acts making appropriations 3 for the Department of State, foreign operations, 4 and related programs may be used by an agen- 5 cy to carry out a project that is approved by the 6 Board unless the head of the agency- 7 (i) submits to the Committees on Ap- 8 propriations a copy of the approved project 9 proposal, including the terms of reimburse- 10 ment of funding received for the project; 11 and 12 (ii) agrees to submit to the Commit- 13 tees on Appropriations a copy of each re- 14 port relating to the project that the head 15 of the agency submits to the Board. 16 (7) FOREIGN ASSISTANCE REVIEW.-Pro- 17 grammatic, funding, and organizational changes re- 18 sulting from implementation of the Foreign Assist- 19 ance Review shall be subject to prior consultation 20 with, and the regular notification procedures of, the 21 Committees on Appropriations: Provided, That such 22 notifications may be submitted in classified form, if 23 necessary. February 9, 2019 (2:13 p.m.) U:\2019CONF\DivF-SFOPS.xml SEN. APPRO. 323 1 RESCISSIONS 2 (INCLUDING RESCISSION OF FUNDS) 3 SEC. 7074. (a) Of the unobligated balances available 4 under the heading ''International Narcotics Control and 5 Law Enforcement", as identified by Treasury Appropria6 tion Fund Symbol 11 X 1022, $12,420,000 are rescinded. 7 (b) Of the grant balances in the Foreign Military 8 Sales Trust Fund, identified by Treasury Appropriation 9 Fund Symbol 97-11 X 8242, which are not currently ap10 plied to an active FMS case and which were appropriated 11 prior to fiscal year 2009, $11,000,000 shall be 12 deobligated, as appropriate, and shall be permanently re13 scinded. 14 15 JOHN S. MCCAIN SCHOLARS PROGRAM SEC. 7075. Funds appropriated by this Act under the 16 heading "Educational and Cultural Exchange Programs" 17 that are made available for the Benjamin Gilman Inter18 national Scholarships Program shall also be made avail19 able for the John S. McCain Scholars Program, pursuant 20 to section 303 of the International Academic Opportunity 21 Act of 2000 (Public Law 106-309), to include the depend22 ents of active United States military personnel who are 23 receiving any form of Federal Financial Aid under title 24 IV of the Higher Education Act of 1965. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 324 1 2 AFGHAN SPECIAL Il\IMIGRANT VISAS SEC. 7076. (a) AFGHAN ALLIES.-Section 3 602(b)(3)(F) of the Afghan Allies Protection Act of 2009 4 (division F of Public Law 111-8), as amended, is further 5 amended by substituting "18,500" for "14,500" in the 6 matter preceding clause (i). 7 (b) CONDITIONS.-N one of the funds appropriated by 8 this Act may be made available for the additional special 9 immigrant visas made available under subsection (a) until 10 the Secretary of State11 (1) develops and implements a system to 12 prioritize the processing of Afghan applicants for 13 special immigrant visas under section 602 of the M- 14 ghan Allies Protection Act of 2009 (8 U.S.C. 1101 15 note); and 16 (2) submits to the appropriate congressional 17 committees, as defined in section 602(a) of the M- 18 ghan Allies Protection Act of 2009 (8 U.S.C. 1101 19 note), the following reports: 20 (A) the report required under paragraph 21 (12) of section 602(b) of the Afghan Allies Pro- 22 tection Act of 2009 (8 U.S.C. 1101 note), as 23 amended by section 1222 of the John S. 24 McCain National Defense Authorization Act for 25 Fiscal Year 2019 (Public Law 115-232); February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 325 1 (B) a report on the procedures and proc- 2 esses used by the Chief of Mission to determine 3 whether an Afghan applicant for a special im- 4 migrant visa under section 602 of the Afghan 5 Allies Protection Act of 2009 (8 U.S.C. 1101 6 note) has experienced, is experiencing, or may 7 reasonably be expected to experience an ongo- 8 ing, serious threat as a result of the qualifying 9 service of the applicant; and 10 (C) a report on the procedures for back- 11 ground and security checks on Afghan appli- 12 cants for special immigrant visas under such 13 section. 14 15 SAUDI ARABIA SEC. 7077. None of the funds appropriated by this 16 Act under the heading "International Military Education 17 and Training'' may be made available for assistance for 18 the Government of Saudi Arabia. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.:xml 326 1 TITLE VIII 2 OVERSEAS CONTINGENCY OPERATIONS/GLOBAL 3 WAR ON TERRORISM 4 DEPARTMENT OF STATE 5 ADMINISTRATION OF FOREIGN AFFAIRS 6 DIPLOMATIC PROGRAl\IS 7 (INCLUDING TRANSFER OF FUNDS) 8 For an additional amount for "Diplomatic Pro- 9 grams", $3,225,971,000, to remain available until Sep- 10 tember 30, 2020, of which $2,626,122,000 is for World11 wide Security Protection and shall remain available until 12 expended: Provided, That the Secretary of State may 13 transfer up to $5,000,000 of the total funds made avail14 able under this heading to any other appropriation of any 15 department or agency of the United States, upon the con16 currence of the head of such department or agency, to sup17 port operations in, and assistance for, Afghanistan and 18 to carry out the provisions of the Foreign Assistance Act 19 of 1961: Provided further, That any such transfer shall 20 be subject to the regular notification procedures of the 21 Committees on Appropriations: Provided further, That 22 such amount is designated by the Congress for Overseas 23 Contingency Operations/Global War on rrerrorism pursu24 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 25 and Emergency Deficit Control Act of 1985. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 327 1 OFFICE OF INSPECTOR GENERAL 2 For an additional amount for "Office of Inspector 3 General", $54,900,000, to remain available until Sep4 tember 30, 2020, which shall be for the Special Inspector 5 General for Afghanistan Reconstruction (SIGAR) for re6 construction oversight: Provided, That printing and repro7 duction costs of SIGAR shall not exceed amounts for such 8 costs during fiscal year 2018: Provided further, That such 9 amount is designated by the Congress for Overseas Con- 10 tingency Operations/Global War on Terrorism pursuant to 11 section 251(b )(2)(A)(ii) of the Balanced Budget and 12 Emergency Deficit Control Act of 1985. 13 INTERNATIONAL ORGANIZATIONS 14 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS 15 For an additional amount for "Contributions to 16 International Organizations", $96,240,000: Provided, 17 That such amount is designated by the Congress for Over18 seas Contingency Operations/Global War on Terrorism 19 pursuant to section 251(b)(2)(A)(ii) of the Balanced 20 Budget and Emergency Deficit Control Act of 1985. 21 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING 22 ACTIVITIES 23 For an additional amount for "Contributions for 24 International Peacekeeping Activities", $988,656,000, to 25 remain available until September 30, 2020: Provided, February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 328 1 That such amount is designated by the Congress for Over2 seas Contingency Operations/Global War on Terrorism 3 pursuant to section 25l(b)(2)(A)(ii) of the Balanced 4 Budget and Emergency Deficit Control Act of 1985. 5 UNITED STATES AGENCY FOR INTERNATIONAL 6 DEVELOPMENT 7 FUNDS APPROPRIATED TO THE PRESIDENT 8 OPERATING EXPENSES 9 For an additional amount for "Operating Expenses", 10 $158,067,000, to remain available until September 30, 11 2020: Provided, That such amount is designated by the 12 Congress for Overseas Contingency Operations/Global 13 War on Terrorism pursuant to section 251(b)(2)(A)(ii) of 14 the Balanced Budget and Emergency Deficit Control Act 15 of 1985. 16 BILATERAL ECONOMIC ASSISTANCE 17 FUNDS APPROPRIATED TO THE PRESIDENT 18 INTERNATIONAL DISASTER ASSISTANCE 19 For an additional amount for "International Disaster 20 Assistance", $584,278,000, to remain available until ex- 21 pended: Provided, That such funds shall be apportioned 22 to the United States Agency for International Develop23 ment not later than 60 days after enactment of this Act: 24 Provided further, That such amount is designated by the 25 Congress for Overseas Contingency Operations/Global February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 329 1 War on Terrorism pursuant to section 25l(b)(2)(A)(ii) of 2 the Balanced Budget and Emergency Deficit Control Act 3 of 1985. 4 5 TRANSITION INITIATIVES For an additional amount for "Transition Initia- 6 tives", $62,043,000, to remain available until expended: 7 Provided, That such amount is designated by the Congress 8 for Overseas Contingency Operations/Global War on Ter9 rorism pursuant to section 251(b)(2)(A)(ii) of the Bal- 10 anced Budget and Emergency Deficit Control Act of 1985. 11 12 ECONOMIC SUPPORT FUND For an additional amount for "Economic Support 13 Fund", $1,172,336,000, to remain available until Sep14 tember 30, 2020: Provided, That such amount is des- 15 ignated by the Congress for Overseas Contingency Oper16 ations/Global War on Terrorism pursuant to section 17 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 18 Deficit Control Act of 1985. 19 DEPARTMENT OF STATE 20 MIGRATION AND REFUGEE ASSISTANCE 21 For an additional amount for "Migration and Ref- 22 ugee Assistance" to respond to refugee crises, including 23 in Africa, the Near East, South and Central Asia, and 24 Europe and Eurasia, $1,404,124,000, to remain available 25 until expended, except that such funds shall not be made February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 330 1 available for the resettlement costs of refugees in the 2 United States: Provided, That such amount is designated 3 by the Congress for Overseas Contingency Operations/ 4 Global War on Terrorism pursuant to section 5 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 6 Deficit Control Act of 1985. 7 INTERNATIONAL SECURITY ASSISTANCE 8 DEPARTMENT OF STATE 9 PEACEKEEPING OPERATIONS 10 For an additional amount for "Peacekeeping Oper- 11 ations", $325,213,000, to remain available until Sep- 12 tember 30, 2020: Provided, That such amount is des13 ignated by the Congress for Overseas Contingency Oper14 ations/Global War on Terrorism pursuant to section 15 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 16 Deficit Control Act of 1985: Provided further, That funds 17 available for obligation under this heading in this Act may 18 be used to pay assessed expenses of international peace- 19 keeping activities in Somalia under the same terms and 20 conditions, as applicable, as funds appropriated under the 21 heading "Contributions for International Peacekeeping 22 Activities" in this Act, subject to the regular notification 23 procedures of the Committees on Appropriations. February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 331 1 FUNDS APPROPRL"\TED TO THE PRESIDENT 2 FOREIGN MILITARY FINANCING PROGRAM 3 For an additional amount for "Foreign Military Fi- 4 nancing Program", $229,372,000, to remain available 5 until September 30, 2020: Provided, That such amount 6 is designated by the Congress for Overseas Contingency 7 Operations/Global War on Terrorism pursuant to section 8 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 9 Deficit Control Act of 1985. 10 GENERAL PROVISIONS 11 ADDITIONAL APPROPRIATIONS 12 SEC. 8001. Notwithstanding any other provision of 13 law, funds appropriated in this title are in addition to 14 amounts appropriated or otherwise made available in this 15 Act for fiscal year 2019. 16 EXTENSION OF AUTHORITIES AND CONDITIONS 17 SEC. 8002. Unless otherwise provided for in this Act, 18 the additional amounts appropriated by this title to appro19 priations accounts in this Act shall be available under the 20 authorities and conditions applicable to such appropria- 21 tions accounts. 22 23 TRAL'\JSFER OF FUNDS SEC. 8003. (a) TRANSFER OF FUNDS BET\VEEN Ac- 24 COUNTS.- February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 332 1 (1) Funds appropriated by this title in this Act 2 under the headings "Transition Initiatives" and 3 "Economic Support Fund" may be transferred to, 4 and merged with, funds appropriated by this title 5 under such headings. 6 (2) Funds appropriated by this title in this Act 7 under the headings "Peacekeeping Operations" and 8 "Foreign Military Financing Program" may be 9 transferred to, and merged with, funds appropriated 10 by this title under such headings. 11 (b) GLOBAL SECURITY CONTINGENCY FUND.-Not- 12 withstanding any other provision of this section, up to 13 $7,500,000 from funds appropriated under the headings 14 "Peacekeeping Operations" and "Foreign Military Fi- 15 nancing Program" by this title in this Act may be trans16 ferred to, and merged with, funds previously made avail17 able under the heading "Global Security Contingency 18 Fund". 19 (c) Lil\IITATION.-The transfer authority provided in 20 subsection (a) may only be exercised to address contin- 21 genc1es. 22 (d) NOTIFICATION .-The transfer authority provided 23 by this section shall be subject to prior consultation with, 24 and the regular notification procedures of, the Committees 25 on Appropriations: Provided, That such transfer authority February 9, 2019 (2:13 p.m.) SEN. APPRO. U:\2019CONF\DivF-SFOPS.xml 333 1 is in addition to any transfer authority otherwise available 2 under any other provision of law, including section 610 3 of the Foreign Assistance Act of 19 61 which may be exer4 cised by the Secretary of State for the purposes of this 5 title. 6 RESCISSION 7 (INCLUDING RESCISSION OF FUNDS) 8 SEC. 8004. Of the unobligated balances from 9 amounts available under the heading "Diplomatic and 10 Consular Programs" in title II of the Security Assistance 11 Appropriations Act, 2017 (division B of Public Law 114- 12 254), $301,200,000 are rescinded: Provided, That such 13 amount is designated by the Congress for Overseas Con14 tingency Operations/Global War on Terrorism pursuant to 15 section 25l(b)(2)(A)(ii) of the Balanced Budget and 16 Emergency Deficit Control Act of 1985. 17 This division may be cited as the "Department of 18 State, Foreign Operations, and Related Programs Appro19 priations Act, 2019". February 9, 2019 (2:13 p.m.) U:\2019CONF\DiYG-THCD.x.ml 1 DIVISION G-TRANSPORTATION, HOUSING 2 AND URBAN DEVELOPMENT, AND RE- 3 LATED 4 ACT, 2019 AGENCIES APPROPRIATIONS 5 TITLE I 6 DEPARTMENT OF TRANSPORTATION 7 OFFICE OF THE SECRETARY 8 SALARIES A~D EXPENSES 9 For necessary expenses of the Office of the Secretary, 10 $113,910,000, of which not to exceed $3,065,000 shall be 11 available for the immediate Office of the Secretary; not 12 to exceed $1,000,000 shall be available for the immediate 13 Office of the Deputy Secretary; not to exceed $20,428,000 14 shall be available for the Office of the General Counsel; 15 not to exceed $10,331,000 shall be available for the Office 16 of the Under Secretary of Transportation for Policy; not 17 to exceed $14,300,000 shall be available for the Office of 18 the Assistant Secretary for Budget and Programs; not to 19 exceed $2,546,000 shall be available for the Office of the 20 Assistant Secretary for Governmental Affairs; not to ex21 ceed $29,244,000 shall be available for the Office of the • 22 Assistant Secretary for Administration; not to exceed 23 $2,142,000 shall be available for the Office of Public Af24 fairs; not to exceed $1,859,000 shall be available for the February 9, 2019 (2: 15 p.m.) SEX APPRO. U:\2019CONF\DiYG-THUD.xml 2 1 Office of the Executive Secretariat; not to exceed 2 $12,181,000 shall be available for the Office of Intel3 ligence, Security, and Emergency Response; and not to ex4 ceed $16,814,000 shall be available for the Office of the 5 Chief Information Officer: Provided, That the Secretary 6 of Transportation is authorized to transfer funds appro- 7 priated for any office of the Office of the Secretary to any 8 other office of the Office of the Secretary: Provided fur- 9 ther, That no appropriation for any office shall be in10 creased or decreased by more than 7 percent by all such 11 transfers: Provided further, rrhat notice of any change in 12 funding greater than 7 percent shall be submitted for ap13 proval to the House and Senate Committees on Appropria14 tions: Provided further, That not to exceed $60,000 shall 15 be for allocation within the Department for official recep16 tion and representation expenses as the Secretary may de17 termine: Provided further, That notwithstanding any other 18 provision of law; excluding· fees authorized in Public Law 19 107-71, there may be credited to this appropriation up 20 to $2,500,000 in funds received in user fees: Provided fur21 ther, rrhat none of the funds provided in this Act shall 22 be available for the position of Assistant Secretary for 23 Public Affairs. February 9, 2019 (2:15 p.m.) SEN ..APPRO. U:\2019COKF\DivG-THUD.xml 3 1 2 RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the 3 Assistant Secretary for Research and Technology, 4 $8,471,000, of which $2,218,000 shall remain available 5 until September 30, 2021: Provided, That there may be 6 credited to this appropriation, to be available until ex7 pended, funds received from States, counties, municipali- 8 ties, other public authorities, and private sources for ex9 penses incurred for training: Provided further, That any 10 reference in law, regulation, judicial proceedings, or else11 where to the Research and Innovative Technology Admin12 istration shall continue to be deemed to be a reference to 13 the Office of the Assistant Secretary for Research and 14 Technology of the Department of Transportation. 15 16 XATIONAL INFRASTRUCTURE INVESTl\IENTS For capital investments in surface transportation in- 17 frastructure, $900,000,000, to remain available through 18 September 30, 2021: Provided, That the Secretary of 19 Transportation shall distribute funds provided under this 20 heading as discretionary grants to be awarded to a State, 21 local government, transit agency, port authority, or a col- 22 laboration among such entities on a competitive basis for 23 projects that will have a significant local or regional im24 pact: Provided further, That projects eligible for funding 25 provided under this heading shall include, but not be lim- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 4 1 ited to, highway or bridge projects eligible under title 23, 2 United States Code; public transportation projects eligible 3 under chapter 53 of title 49, United States Code; pas4 senger and freight rail transportation projects; and port 5 infrastructure investments (including inland port infra6 structure and land ports of entry): Provided further, rrhat 7 of the amount made available under this heading; the Sec- 8 retary may use an amount not to exceed $15,000,000 for 9 the planning, preparation or design of projects eligible for 10 funding under this heading: Provided further, That grants 11 awarded under the previous proviso shall not be subject 12 to a minimum gTant size: Provided further, That the Sec13 retary may use up to 20 percent of the funds made avail14 able under this heading for the purpose of paying the sub15 sidy and administrative costs of projects eligible for Fed16 eral credit assistance under chapter 6 of title 23, United 17 States Code, or sections 501 through 504 of the Railroad 18 Revitalization and Regulatory Reform Act of 1976 (Public 19 Law 94-210), as amended, if the Secretary finds that 20 such use of the funds would advance the purposes of this 21 paragraph: Provided further, That in distributing funds 22 provided under this heading, the Secretary shall take such 23 measures so as to ensure an equitable geographic distribu24 tion of funds, an appropriate balance in addressing the 25 needs of urban and rural areas, and the investment in a February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO:-.JF\Di,-O-THUD.xml 5 1 variety of transportation modes: Provided further, rrhat a 2 grant funded under this heading shall be not less than 3 $5,000,000 and not greater than $25,000,000: Provided 4 further, That not more than 10 percent of the funds made 5 available under this heading may be awarded to projects 6 in a single State: Provided further, That the Federal share 7 of the costs for which an expenditure is made under this 8 heading shall be, at the option of the recipient, up to 80 9 percent: Provided further, That the Secretary shall give 10 priority to projects that require a contribution of Federal 11 funds in order to complete an overall financing package: 12 Provided further, ri~hat of the funds made available under 13 this heading not more than 50 percent shall be for projects 14 located in a rural area with a population equal to or less 15 than 200,000: Provided further, That for projects located 16 in a rural area, the minimum grant size shall be 17 $1,000,000 and the Secretary may increase the Federal 18 share of costs above 80 percent: Provided further, That 19 of the funds made available under this heading not more 20 than 50 percent shall be for projects located in an urban21 ized area ,vith a population of more than 200,000: Pro22 vided further, That funds for an urbanized area under the 23 previous proviso may be obligated to projects in the metro24 politan area established under section 134 of title 23, 25 United States Code, that encompasses such urbanized February 9, 2019 (2: 15 p.m.) -C:\2019CONF\DivG-THUD.xml SEN. APPRO. 6 1 area: Provided further, That projects conducted usmg 2 funds provided under this heading must comply ·with the 3 requirements of subchapter IV of chapter 31 of title 40, 4 United States Code: Provided further, That the Secretary 5 shall conduct a new competition to select the gTants and 6 credit assistance awarded under this heading: Provided 7 further, That the Secretary may set aside not more than 8 3 percent of the funds provided under this heading, and 9 may transfer portions of those funds to the Administrators 10 of the Federal Highway Administration, the Federal Tran11 sit Administration, the Federal Railroad Administration, 12 and the Maritime Administration to fund the award and 13 oversight of grants and credit assistance made under the 14 National Infrastructure Investments program: Provided 15 further, That the Secretary shall consider and award 16 projects based solely on the selection criteria from the fis- 17 cal year 2017 Notice of Funding Opportunity: Provided 18 further, That, notwithstanding the previous proviso, the 19 Secretary shall not use the Federal share or an applicant's 20 ability to generate non-Federal revenue as a selection cri- 21 teria in awarding projects: Provided further, That the Sec22 retary shall issue the Notice of Funding Opportunity no 23 later than 60 days after enactment of this Act: Provided 24 further, That such Notice of Funding Opportunity shall 25 reqmre application submissions 90 days after the pub- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DiYG-THUD.xml 7 1 lishing of such Notice: Provided further, That of the appli- 2 cations submitted under the previous two provisos, the 3 Secretary shall make grants no later than 270 days after 4 enactment of this Act in such amounts that the Secretary 5 determines: Provided further, That such sums provided for 6 national infrastructure investments for passenger rail 7 transportation projects under title I of division C of the 8 Consolidated and Further Continuing Appropriations Act, 9 2012 (Public Law 112-55; 125 Stat. 641), shall remain 10 available for expenditure through fiscal year 2019 for the 11 liquidation of valid obligations of active grants awarded 12 ·with this funding: Provided further, That such sums pro13 vided for national infrastructure investments for port in14 frastructure projects under title VIII of division F of the 15 Consolidated and Further Continuing Appropriations Act, 16 2013 (Public Law 113-6; 127 Stat. 432) shall remain 17 available through fiscal year 2020 for the liquidation of 18 valid obligations of active grants awarded with this fund19 ing: Provided further, That the 2 preceding provisos shall 20 be applied as if they were in effect on September 30, 2018. 21 NATION.AL SURFACE TRANSPORTATION AND INNOVATIYE 22 FINA..1"'-.JCE BUREAU 23 For necessary expenses of the National Surface 24 Transportation and Innovative Finance Bureau as author25 ized by 49 U.S.C. 116, $5,000,000, to remain available February 9, 2019 (2:15 p.m.) l::\2019CONF\DivG-'l'HUD.xrnl SEK. APPRO. 8 1 until expended: Provided, That the Secretary shall notify 2 the House and Senate Committees on Appropriations no 3 less than 15 days prior to exercising the transfer authority 4 gTanted under section 116(h) of title 49, United States 5 Code. 6 7 FIN.Ai"\JCIAL MA.."\JAGE1VIENT CAPITAL For necessary eA1)enses for upgrading and enhancing 8 the Department of 'l1ransportation' s financial systems and 9 re-engineering business processes, $2,000,000, to remain 10 available through September 30, 2020. 11 12 CYBER SECURITY INITIATIVES E..,or necessary expenses for cyber security initiatives, 13 including necessary upgrades to wide area network and 14 information technology infrastructure, improvement of 15 network perimeter controls and identity management, 16 testing and assessment of information technology against 17 business, security, and other requirements, implementa18 tion of Federal cyber security initiatives and information 19 infrastructure enhancements, and implementation of en20 hanced security controls on network devices, $15,000,000, 21 to remain available through September 30, 2020. 22 23 OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, 24 $9,470,000. February 9, 2019 (2:15 p.m.) SEN. APPRO. l:-:\2019CO~F\DivG-THUD.xrnl 9 1 TRANSPORTATION PLA..'JNING, RESEARCH, AND 2 DEVELOPMENT 3 For necessary expenses for conducting transportation 4 planning, research, systems development, development ac- 5 tivities, and making grants, $7,879,000, to remain avail6 able until expended: Provided, That of such amount, 7 $1,000,000 shall be for necessary expenses of the Inter8 agency Infrastructure Permitting Improvement Center 9 (IIPIC): Provided further, That there may be transferred 10 to this appropriation, to remain available until expended, 11 amounts transferred from other Federal agencies for ex- 12 penses incurred under this heading for IIPIC activities not 13 related to transportation infrastructure: Provided further, 14 That the tools and analysis developed by the IIPIC shall 15 be available to other Federal agencies for the permitting 16 and review of major infrastructure projects not related to 17 transportation only to the e2,..'ient that other Federal agen18 cies provide funding to the Department as provided for 19 under the previous proviso. 20 21 WORKING CAPITAL FUND For necessary expenses for operating costs and cap- 22 ital outlays of the Working Capital Fund, not to exceed 23 $319,793,000, shall be paid from appropriations made 24 available to the Department of rrransportation: Provided, 25 That such services shall be provided on a competitive basis February 9, 2019 (2:15 p.m.) l:":\2019CONF\DivG-THUD.xml SEN. APPRO. 10 1 to entities within the Department of rrransportation: Pro2 vided further, That the above limitation on operating ex3 penses shall not apply to non-DOT entities: Provided fur4 ther, rrhat no funds appropriated in this Act to an agency 5 of the Department shall be transferred to the Working 6 Capital Fund ·without majority approval of the \Vorking 7 Capital Fund Steering Committee and approval of the 8 Secretary: Provided further, That no assessments may be 9 levied against any program, budget activity, subactivity or 10 project funded by this Act unless notice of such assess11 ments and the basis therefor are presented to the House 12 and Senate Committees on Appropriations and are ap13 proved by such Committees. 14 15 1\IINORITY BUSINESS RESOURCE CENTER PROGRAM For necessary expenses of the Minority Business Re- 16 source Center, the provision of financial education out17 reach activities to eligible transportation-related small 18 businesses, the monitoring of existing loans in the guaran19 teed loan program, and the modification of such loans of 20 the Minority Business Resource Center, $500,000, as au21 thorized by 49 U.S.C. 332; Provided, rrhat notwith22 standing that section, these funds may be for business op23 portunities related to any mode of transportation. February 9, 2019 (2:15 p.m.) SEN. APPRO. 17:\2019COKF\Di,-0-'l'HUD .xml 11 1 Sl\IALL AND DISADVANTAGED BUSINESS UTILIZATION Al'JD 2 OUTREACH 3 For necessary expenses for small and disadvantaged 4 business utilization and outreach activities, $3,488,000, to 5 remain available until September 30, 2020: Provided, 6 That notwithstanding 49 U.S.C. 332, these funds may be 7 used for business opportunities related to any mode of 8 transportation. 9 PAYMENTS TO AIR CARRIERS 10 (AIRPORT AND AIRWAY TRUST FUND) 11 In addition to funds made available from any other 12 source to carry out the essential air service program under 13 49 U.S.C. 41731 through 417 42, $175,000,000, to be de14 rived from the Airport and Airway Trust Fund, to remain 15 available until expended: Provided, That in determining 16 between or among carriers competing to provide service 17 to a community, the Secretary may consider the relative 18 subsidy requirements of the carriers: Provided further, 19 rrhat basic essential air service minimum requirements 20 shall not include the 15-passenger capacity requirement 21 under subsection 41732(b)(3) of title 49, United States 22 Code: Provided further, That none of the funds in this Act 23 or any other Act shall be used to enter into a new contract 24 ,vith a community located less than 40 miles from the 25 nearest small hub airport before the Secretary has nego- February 9, 2019 (2:15 p.m.) SEN. APPRO. l:':\2019CONF\DiYG-THUD.xrnl 12 1 tiated with the community over a local cost share: Pro2 vided further, That amounts authorized to be distributed 3 for the essential air service program under subsection 4 41742(b) of title 49, United States Code, shall be made 5 available immediately from amounts otherwise provided to 6 the Administrator of the Federal Aviation Administration: 7 Provided further, That the Administrator may reimburse 8 such amounts from fees credited to the account estab- 9 lished under section 45303 of title 49, United States Code. 10 ADl\IINISTRATIVE PROVISIONS-OFFICE OF 'l'HE 11 SECRETARY OF TRANSPORTATION 12 SEC. 101. None of the funds made available in this 13 Act to the Department of Transportation may be obligated 14 for the Office of the Secretary of Transportation to ap15 prove assessments or reimbursable agreements pertaining 16 to funds appropriated to the modal administrations in this 17 Act, except for activities underway on the date of enact18 ment of this Act, unless such assessments or agreements 19 have completed the normal reprogramming process for 20 Congressional notification. 21 SEC. 102. The Secretary shall post on the Web site 22 of the Department of Transportation a schedule of all 23 meetings of the Council on Credit and J1-,inance, including 24 the agenda for each meeting, and require the Council on February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-THUD.x:ml 13 1 Credit and Finance to record the decisions and actions 2 of each meeting. 3 SEC. 103. In addition to authority provided by section 4 327 of title 49, United States Code, the Department's 5 Working Capital Fund is hereby authorized to provide 6 partial or full payments in advance and accept subsequent 7 reimbursements from all Federal agencies from available 8 funds for transit benefit distribution services that are nec- 9 essary to carry out the Federal transit pass transportation 10 fringe benefit program under Executive Order No. 13150 11 and section 3049 of Public Law 109-59: Provided, That 12 the Department shall maintain a reasonable operating re13 serve in the ,Vorking Capital Fund, to be eA1)ended in ad14 vance to provide uninterrupted transit benefits to Govern15 ment employees: Provided further, rrhat such reserve ·will 16 not exceed one month of benefits payable and may be used 17 only for the purpose of providing for the continuation of 18 transit benefits: Provided further, rrhat the ,Vorking Cap19 ital Fund will be fully reimbursed by each customer agen20 cy from available funds for the actual cost of the transit 21 benefit. February 9, 2019 (2:15 p.m.) -C:\2019CONF\DivG-TH-CD.xml SEN. APPRO. 14 1 FEDERAL Av7IATI0N ADlVIINISTRATION 2 OPERATIONS 3 (AIRPORT AND AIRWAY TRUST FUND) 4 For necessary expenses of the Federal Aviation Ad- 5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space 7 transportation, administrative expenses for res·earch and 8 development, establishment of air navigation facilities, the 9 operation (including leasing) and maintenance of aircraft, 10 subsidizing the cost of aeronautical charts and maps sold 11 to the public, the lease or purchase of passenger motor 12 vehicles for replacement only, in addition to amounts made 13 available by Public Law 112-95, $10,410,758,000, to re14 main available until September 30, 2020, of which 15 $9,833,400,000 shall be derived from the Airport and Air16 way Trust Fund, of which not to exceed $7,841,720,000 17 shall be available for air traffic organization activities; not 18 to exceed $1,336,969,000 shall be available for aviation 19 safety activities; not to exceed $24,949,000 shall be avail20 able for commercial space transportation activities; not to 21 exceed $816,398,000 shall be available for finance and 22 management activities; not to exceed $61,258,000 shall be 23 available for NextGen and operations planning activities; 24 not to exceed $114,165,000 shall be available for security 25 and hazardous materials safety; and not to exceed February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019COKF\DiYG-THUD.xml 15 1 $215,299,000 shall be available for staff offices: Provided, 2 That not to exceed 5 percent of any budget activity, except 3 for aviation safety budget activity, may be transferred to 4 any budget activity under this heading: Provided further, 5 That no transfer may increase or decrease any appropria6 tion by more than 5 percent: Provided further, rrhat any 7 transfer in excess of 5 percent shall be treated as a re8 programming of funds under section 405 of this Act and 9 shall not be available for obligation or eA'})enditure except 10 in compliance with the procedures set forth in that section: 11 Provided further, That not later than l\!Iarch 31 of each 12 fiscal year hereafter, the Administrator of the :B-,ederal 13 Aviation Administration shall transmit to Congress an an14 nual update to the report submitted to Congress in De15 cember 2004 pursuant to section 221 of Public Law 108- 16 176: Provided further, That the amount herein appro17 priated shall be reduced by $100,000 for each day after 18 March 31 that such report has not been submitted to the 19 Congress: Provided further, That not later than March 31 20 of each fiscal year hereafter, the Administrator shall 21 transmit to CongTess a companion report that describes 22 a comprehensive strategy for staffing, hiring, and training 23 flight standards and aircraft certification staff in a format 24 similar to the one utilized for the controller staffing plan, 25 including stated attrition estimates and numerical hiring February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN . .APPRO. 16 1 goals by fiscal year: Provided further, That the amount 2 herein appropriated shall be reduced by $100,000 per day 3 for each day after .1\1:arch 31 that such report has not been 4 submitted to Congress: Provided further, That funds may 5 be used to enter into a grant agreement with a nonprofit 6 standard-setting organization to assist in the development 7 of aviation safety standards: Provided further, That none 8 of the funds in this Act shall be available for new appli- 9 cants for the second career training program: Provided 10 further, That none of the funds in this Act shall be avail- 11 able for the Federal Aviation Administration to finalize 12 or implement any regulation that would promulgate new 13 aviation user fees not specifically authorized by law after 14 the date of the enactment of this Act: Provided further, 15 That there may be credited to this appropriation, as off16 setting collections, funds received from States, counties, 17 municipalities, foreign authorities, other public authori- 18 ties, and private sources for expenses incurred in the pro19 vision of agency services, including receipts for the mainte20 nance and operation of air navigation facilities, and for 21 issuance, renewal or modification of certificates, including 22 airman, aircraft, and repair station certificates, or for 23 tests related thereto, or for processing major repair or al24 teration forms: Provided further, That of the funds appro25 priated under this heading, not less than $168,000,000 February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DiYG-THUD.xml 17 1 shall be used to fund direct operations of the current 254 2 air traffic control towers in the contract tower program, 3 including the contract tower cost share program, and any 4 airport that is currently qualified or that will qualify for 5 the program during the fiscal year: Provided further, That 6 none of the funds in this Act for aeronautical charting 7 and cartography are available for activities conducted by, 8 or coordinated through, the Working Capital Fund: Pro9 vided further, That none of the funds appropriated or oth10 erwise made available by this Act or any other Act may 11 be used to eliminate the Contract Weather Observers pro12 gTam at any airport: Provided further, That of the amount 13 appropriated under this heading, up to $6,000,000 shall 14 be used for providing matching funds to qualified commer15 cial entities seeking to demonstrate or validate tech16 nologies that the Federal Aviation Administration con17 siders essential to the safe integration of unmanned air18 craft systems (UAS) in the National Airspace System at 19 Federal Aviation Administration designated UAS test 20 sites: Provided further, That not later than 60 days after 21 the date of enactment of this Act, the Administrator of 22 the Federal Aviation Administration shall identify essen23 tial integration technologies that could be demonstrated 24 or validated at test sites designated in accordance with 25 the preceding proviso. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-TH"CD.xrnl 18 1 FACILITIES AND EQUIPMENT 2 (AIRPORT AND AIRWAY TRUST FUND) 3 For necessary expenses, not otherwise provided for, 4 for acquisition, establishment, technical support services, 5 improvement by contract or purchase, and hire of national 6 airspace systems and experimental facilities and equip- 7 ment, as authorized under part A of subtitle VII of title 8 49, United States Code, including initial acquisition of 9 necessary sites by lease or grant; engineering and service 10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 12 and furnishing of quarters and related accommodations 13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom- 15 modations are not available; and the purchase, lease, or 16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway r:rrust 19 Fund, $3,000,000,000, of which $512,823,000 shall re- 20 main available until September 30, 2020, $2,372,127,000 21 shall remain available until September 30, 2021, and 22 $115,050,000 shall remain available until expended: Pro- 23 vided, rrhat there may be credited to this appropriation 24 funds received from States, counties, municipalities, other 25 public authorities, and private sources, for expenses in- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONl<'\DiYG-THUD.xml 19 1 curred in the establishment, improvement, and moderniza2 tion of national airspace systems: Provided further, That 3 no later than 1\/[arch 31, the Secretary of Transportation 4 shall transmit to the Congress an investment plan for the 5 Federal Aviation Administration which includes funding 6 for each budget line item for fiscal years 2020 through 7 2024, with total funding for each year of the plan con8 strained to the funding targets for those years as esti9 mated and approved by the Office of .l.Wanagement and 10 Budget. 11 RESEARCH, ENGINEERING, AND DEYELOPl\IENT 12 (AIRPORT Ac~D AIRWAY TRTJST FUND) 13 For necessary expenses, not otherwise provided for, 14 for research, engineering, and development, as authorized 15 under part A of subtitle VII of title 49, United States 16 Code, including construction of experimental facilities and 17 acquisition of necessary sites by lease or grant, 18 $191,100,000, to be derived from the Airport and Airway 19 Trust Fund and to remain available until September 30, 20 2021: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 22 States, counties, municipalities, other public authorities, 23 and private sources, which shall be available for expenses 24 incurred for research, engineering, and development: Pro25 vided further, That funds made available under this head- February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CON:F'\DiYG-THUD.xml 20 1 ing shall be used in accordance with the joint explanatory 2 statement accompanying this Act: Provided further, That 3 not to exceed 10 percent of any funding level specified 4 under this heading in the joint eA'l)lanatory statement ac5 companying this Act may be transferred to any other 6 funding level specified under this heading in the joint ex7 planatory statement accompanying this Act: Provided fur8 ther, That no transfer may increase or decrease any fund9 ing level by more than 10 percent: Provided further, That 10 any transfer in excess of 10 percent shall be treated as 11 a reprogramming of funds under section 405 of this Act 12 and shall not be available for obligation or expenditure ex13 cept in compliance with the procedures set forth in that 14 section. 15 GRAi~TS-IN-AID FOR .AIRPORTS 16 (LIQUIDATION OF CONTRACT AUTHORIZATION) 17 (LIMITATION ON OBLIGATIONS) 18 (AIRPORT AND AIRWAY TRUST FUND) 19 (INCLUDING TRANSFER OF FUNDS) 20 For liquidation of obligations incurred for grants-in- 21 aid for airport planning and development, and noise com22 patibility planning and programs as authorized under sub23 chapter I of chapter 4 71 and subchapter I of chapter 4 75 24 of title 49, United States Code, and under other law au25 thorizing such obligations; for procurement, installation, February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.xml 21 1 and commissioning of runway incursion prevention devices 2 and systems at airports of such title; for grants authorized 3 under section 417 43 of title 49, United States Code; and 4 for inspection activities and administration of airport safe5 ty programs, including those related to airport operating 6 certificates under section 44 706 of title 49, United States 7 Code, $3,000,000,000, to be derived from the Airport and 8 Airway rrrust Fund and to remain available until ex9 pended: Provided, That none of the funds under this headIO ing shall be available for the planning or execution of pro11 grams the obligations for which are in excess of 12 $3,350,000,000 in fiscal year 2019, notwithstanding sec13 tion 4 7117(g) of title 49, United States Code: Provided 14 further, That none of the funds under this heading shall 15 be available for the replacement of baggage conveyor sys16 terns, reconfiguration of terminal baggage areas, or other 17 airport improvements that are necessary to install bulk ex18 plosive detection systems: Provided further, That notwith19 standing section 4 7109(a) of title 49, United States Code, 20 the Government's share of allowable project costs under 21 paragraph (2) for subgrants or paragraph (3) of that sec- 22 tion shall be 95 percent for a project at other than a large 23 or medium hub airport that is a successive phase of a 24 multi-phased construction project for which the project 25 sponsor received a grant in fiscal year 2011 for the con- February 9, 2019 (2:15 p.m.) t:':\2019COKF1 \DiYG-THUD.xrnl SEN. APPRO. 22 1 struction project: Provided further, That notwithstanding 2 any other provision of law, of funds limited under this 3 heading, not more than $112,600,000 shall be available 4 for administration, not less than $15,000,000 shall be 5 available for the Airport Cooperative Research Program, 6 not less than $33,210,000 shall be available for Airport 7 Technology Research, and $10,000,000, to remain avail8 able until expended, shall be available and transferred to 9 "Office of the Secretary, Salaries and Expenses" to carry 10 out the Small Community Air Service Development Pro11 gram: Provided further, That in addition to airports eligi- 12 ble under section 41743 of title 49, United States Code, 13 such program may include the participation of an airport 14 that serves a community or consortium that is not larger 15 than a small hub airport, according to FAA hub classifica16 tions effective at the time the Office of the Secretary 17 issues a request for proposals. 18 19 GRfu'I\TTS-IN-AID FOR .1-URPORTS For an additional amount for "Grants-In-Aid for Air- 20 ports", to enable the Secretary of Transportation to make 21 grants for projects as authorized by subchapter 1 of chap22 ter 4 71 and subchapter 1 of chapter 4 75 of title 49, 23 United States Code, $500,000,000, to remam available 24 through September 30, 2021: Provided, That amounts 25 made available under this heading shall be derived from February 9, 2019 (2:15 p.m.) SEX APPRO. l~:\2019CONF\Di,-O-TI1l:D.xml 23 1 the general fund, and such funds shall not be subject to 2 apportionment formulas, special apportionment categories, 3 or minimum percentages under chapter 4 71: Provided fur4 ther, That the Secretary shall distribute funds provided 5 under this heading as discretionary grants to airports: 6 Provided further, That the amount made available under 7 this heading shall not be subject to any limitation on obli- 8 gations for the Grants-in-Aid for Airports program set 9 forth in any Act: Provided further, That the Administrator 10 of the Federal Aviation Administration may retain up to 11 0.5 percent of the funds provided under this heading to 12 fund the award and oversight by the Administrator of 13 grants made under this heading. 14 ADl\IINISTRATIVE PROVISIONS-FEDERAL AVIATION 15 ADl\IINISTRATION 16 SEC. 110. None of the funds in this Act may be used 17 to compensate in excess of 600 technical staff-years under 18 the federally funded research and development center con19 tract between the Federal Aviation Administration and the 20 Center for Advanced Aviation Systems Development dur21 ing fiscal year 2019. 22 SEC. 111. Kone of the funds in this Act shall be used 23 to pursue or adopt guidelines or regulations requiring air24 port sponsors to provide to the Federal Aviation Adminis25 tration without cost building construction, maintenance, February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-THCD.xml 24 1 utilities and expenses, or space in airport sponsor-owned 2 buildings for services relating to air traffic control, air 3 navigation, or weather reporting: Provided, That the pro4 hibition of funds in this section does not apply to negotia- 5 tions between the agency and airport sponsors to achieve 6 agreement on "below-market" rates for these items or to 7 grant assurances that require airport sponsors to provide 8 land ,vithout cost to the Federal Aviation Administration 9 for air traffic control facilities. 10 SEC. 112. The Administrator of the Federal Aviation 11 Administration may reimburse amounts made available to 12 satisfy 49 U.S.C. 417 42(a)(l) from fees credited under 13 49 U.S.C. 45303 and any amount remaining in such ac14 count at the close of that fiscal year may be made available 15 to satisfy section 41742(a)(l) for the subsequent fiscal 16 year. 17 SEC. 113. Amounts collected under section 40113(e) 18 of title 49, United States Code, shall be credited to the 19 appropriation current at the time of collection, to be 20 merged "\vi.th and available for the same purposes of such 21 appropriation. 22 SEC. 114. None of the funds in this Act shall be avail- 23 able for paying premium pay under subsection 5546(a) of 24 title 5, United States Code, to any Federal Aviation Ad25 ministration employee unless such employee actually per- February 9, 2019 (2:15 p.m.) T::\2019CON],~\DivG-'l'HUD.xrnl SEN. APPRO. 25 1 formed work during the time corresponding to such pre2 mmm pay. 3 SEC. 115. None of the funds in this Act may be obli- 4 gated or expended for an employee of the Federal Aviation 5 Administration to purchase a store gift card or gift certifi6 cate through use of a Government-issued credit card. 7 SEC. 116. None of the funds in this Act may be obli- 8 gated or expended for retention bonuses for an employee 9 of the Federal Aviation Administration without the prior 10 written approval of the Assistant Secretary for Adminis11 tration of the Department of Transportation. 12 SEC. 117. Notwithstanding any other provis10n of 13 law, none of the funds made available under this Act or 14 any prior Act may be used to implement or to continue 15 to implement any limitation on the ability of any owner 16 or operator of a private aircraft to obtain, upon a request 17 to the Administrator of the Federal Aviation Administra18 tion, a blocking of that owner's or operator's aircraft reg19 istration number from any display of the Federal Aviation 20 Administration's Aircraft Situational Display to Industry 21 data that is made available to the public, except data made 22 available to a Government agency, for the noncommercial 23 flights of that nwner or operator. 24 SEC. 118. None of the funds in this Act shall be avail- 25 able for salaries and expenses of more than eight political February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKI<'\Di,'G-THUD.x:ml 26 1 and Presidential appointees in the Federal Aviation Ad- 2 ministration. 3 SEC. 119. None of the funds made available under 4 this Act may be used to increase fees pursuant to section 5 44 721 of title 49, United States Code, until the Federal 6 Aviation Administration provides to the House and Senate 7 Committees on Appropriations a report that justifies all 8 fees related to aeronautical navigation products and ex9 plains how such fees are consistent with Executive Order 10 13642. 11 SEC. 119A. None of the funds in this Act may be 12 used to close a regional operations center of the Federal 13 Aviation Administration or reduce its services unless the 14 Administrator notifies the House and Senate Committees 15 on Appropriations not less than 90 full business days in 16 advance. 17 SEC. 119B. None of the funds appropriated or liin- 18 ited by this Act may be used to change weight restrictions 19 or prior permission rules at Teterboro airport in 20 Teterboro, New Jersey. 21 SEC. 119C. Kone of the funds provided under this 22 Act may be used by the Administrator of the Federal Avia23 tion Administration to withhold from consideration and 24 approval any new application for participation in the Con25 tract Tower Program, or for reevaluation of Cost-share February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DivG-THUD.xml 27 1 Program participants as long as the Federal Aviation Ad- 2 ministration has received an application from the airport, 3 and as long as the Administrator determines such tower 4 is eligible using the factors set forth in the Federal Avia5 tion Administration report, Establishment and Dis6 continuance Criteria for Airport Traffic Control Towers 7 (FAA-AP0-90-7 as of August, 1990). 8 SEC. 119D. Notwithstanding any other provision of 9 law, none of the funds made available in this Act may be 10 obligated or expended to limit the use of an Organization 11 Designation Authorization's (ODA) delegated functions 12 documented in its procedures manual on a type certifi13 cation project unless the Administrator documents a sys14 temic airworthiness noncompliance performance issue as 15 a result of inspection or oversight that the safety of air 16 commerce requires a limitation with regard to a specific 17 authorization or where an ODA's capability has not been 18 previously established in terms of a new compliance meth19 od or design feature: Provided, That in such cases FAA 20 shall work with the ODA holder if requested to develop 21 the capability to execute that function safely, efficiently 22 and effectively: Provided further, That this section does 23 not limit the authority of the Federal Aviation Administra24 tion to pursue emergency actions on ODAs where specific 25 safety issues are noted. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-'rHCD.xml SEN. APPRO. 28 1 SEC. 119E. None of the funds made available by this 2 Act and apportioned under section 47114(d) of title 49, 3 United States Code, shall be made available for construc4 tion of a storage building, or a portion of such building, 5 to shelter snow equipment in excess of equipment needs 6 established by standards issued by the Secretary of Trans7 portation that is owned by an airport categorized as a local 8 general aviation airport as indicated in Federal Aviation 9 Administration 2017- 2021 National Plan of Integrated 10 Airport Systems (NPIAS) report unless such airport spon- 11 sor certifies conformity with the following: 12 (1) The storage building, or portion thereof, to 13 be constructed will be used to store snow removal 14 equipment exclusively used for clearing airfield pave- 15 ment of snow and ice following a weather event. 16 (2) The 30-year annual snowfall normal of the 17 nearest weather station based on the National Oce- 18 anic and Atmospheric Administration Summary of 19 Monthly Normals 1981-2010 exceeds 26 inches. 20 (3) The airport serves as a base for a medical 21 air ambulance transport aircraft; (d)that the airport 22 master record (Form 5010-1) effective on September 23 14, 201 7 for the airport indicates 45 based aircraft 24 consisting of single engine, multiple engine, and jet 25 engine aircraft. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.xml 29 1 ( 4) The airport sponsor will complete design of 2 the storage building not later than fiscal year 2018 3 and initiate construction of the storage building not 4 later than fiscal year 2019. 5 (5) The area of the storage building·, or portion 6 thereof, to be funded under this section shall not ex- 7 ceed 6,000 square feet. 8 SEC. 119F. (a) TERl\IINAL AERODRO~iE FORE- 9 CAST .-The Administrator shall permit an air carrier op- 10 eration under part 121 of title 14, Code of Federal Regu11 lations, to operate to a destination determined to be under 12 visual flight rules without a Terminal Aerodrome Forecast 13 or Meteorological Aerodrome Report if a current Area 14 :B-,orecast, supplemented by other local weather observa15 tions or reports, is available, and an alternate airport that 16 has an available Terminal Aerodrome Forecast and weath17 er report is specified. The air carrier shall have approved 18 procedures for dispatch and en route weather evaluation 19 and shall operate under instrument flight rules en route 20 to the destination. 21 (b) LIMITATION.-Without a written finding of neces- 22 sity, based on objective and historical evidence of immi23 nent threat to safety, the Administrator shall not promul24 gate any operation specification, policy, or guidance docu- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DiYG-THUD.xrnl 30 1 ment that is more restrictive than, or requires procedures 2 that are not expressly stated in, the regulations. 3 SEC. 119G. Of the funds provided under the heading 4 "Grants-in-aid for Airports", up to $3,500,000 shall be 5 for necessary expenses, including an independent 6 verification regime, to provide reimbursement to airport 7 sponsors that do not provide gateway operations and pro8 viders of general aviation gTom1d support services located 9 at those airports closed during a temporary flight restric- 10 tion (TFR) for any residence of the President that is des11 ignated or identified to be secured by the United States 12 Secret Service, and for direct and incremental financial 13 losses incurred while such airports are closed solely due 14 to the actions of the Federal Government: Provided, That 15 no funds shall be obligated or distributed to airport spon16 sors that do not provide gateway operations and providers 17 of general aviation ground support services until an inde18 pendent audit is completed: Provided further, rrhat losses 19 incurred as a result of violations of law, or through fault 20 or negligence, of such operators and service providers or 21 of third parties (including airports) are not eligible for re22 imbursements: Provided further, That obligation and ex23 pcnditure of funds are conditional upon full release of the 24 United States Government for all claims for financial 25 losses resulting from such actions. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-'I'HGD.xml SEN. APPRO. 31 1 FEDERAL HIGHWAY ADMINISTRA'l'ION 2 Lil\IITATION ON ADMINISTRATIVE EXPENSES 3 (HIGHWAY TRUST FUND) 4 (INCLUDING TRANSFER OF FUNDS) 5 Not to exceed $446,444,304, together with advances 6 and reimbursements received by the }1-,ederal Highway Ad- 7 ministration, shall be obligated for necessary expenses for 8 administration and operation of the Federal Highway ,._i\.d9 ministration. In addition, $3,248,000 shall be transferred 10 to the Appalachian Regional Commission in accordance 11 with section 104(a) of title 23, United States Code. 12 FEDERAL-AID HIGHWAYS 13 (LIMITATION ON OBLIGATIONS) 14 (HIGHWAY TRUST FUND) 15 Funds available for the implementation or execution 16 of Federal-aid highway and highway safety construction 17 programs authorized under titles 23 and 49, United States 18 Code, and the provisions of the Fixing America's Surface 19 Transportation Act shall not exceed total obligations of 20 $45,268,596,000 for fiscal year 2019: Provided, That the 21 Secretary may collect and spend fees, as authorized by 22 title 23, United States Code, to cover the costs of services 23 of e:1..'})ert firms, including counsel, in the field of municipal 24 and project finance to assist in the underwriting and serv25 icing of Federal credit instruments and all or a portion February 9, 2019 (2:15 p.m.) U :\2019CO ~F\DivG-TI--Hm .xml S1'JN ...APPRO. 32 1 of the costs to the Federal Government of servicing such 2 credit instruments: Provided further, That such fees are 3 available until expended to pay for such costs: Provided 4 further, That such amounts are in addition to administra- 5 tive expenses that are also available for such purpose, and 6 are not subject to any obligation limitation or the limita- 7 tion on administrative expenses under section 608 of title 8 23, United States Code. 9 (LIQUIDATION OF CONTRACT AGTHORIZATION) 10 (HIGHWAY TRUST FUND) 11 For the payment of obligations incurred in carrying 12 out Federal-aid highway and highway safety construction 13 programs authorized under title 23, United States Code, 14 $46,007,596,000 derived from the Highway Trust Fund 15 (other than the :Mass Transit Account), to remain avail16 able until expended. 17 18 HIGHWAY INFRASTRUCTURE PROGRAl\IS 'J.1here is hereby appropriated to the Secretary of 19 Transportation $3,250,000,000: Provided, That the 20 amounts made available under this heading shall be de21 rived from the general fund, shall be in addition to any 22 funds provided for fiscal year 2019 in this or any other 23 Act for "Federal-aid Highways" under chapter 1 of title 24 23, United States Code, and shall not affect the distribu25 tion or amount of funds provided in any other Act: Pro- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DiYG-THUD.xml 33 l vided further, That section llOl(b) of Public Law 1142 94 shall apply to funds made available under this heading: 3 Provided further, That of the funds made available under 4 this heading, $2,729,000,000 shall be set aside for activi- 5 ties eligible under section 133(b)(l)(A) of title 23, United 6 States Code, and for the elimination of hazards and the 7 installation of protective devices at railway-highway cross8 ings, $16,000,000 shall be set aside for activities eligible 9 under the Puerto Rico Highway Program as described in 10 section 165(b)(2)(C) of such title, $5,000,000 shall be set 11 aside for activities eligible under the Territorial Highway 12 Program, as described in section 165(c)(6) of such title, 13 $25,000,000 shall be set aside for the nationally signifi14 cant :B--,ederal lands and tribal projects program under sec15 tion 1123 of the Fixing America's Surface rrransportation 16 (FAST) Act (Public Law 114-94), and $475,000,000 17 shall be set aside for a bridge replacement and rehabilita18 tion program for qualifying States: Provided further, That 19 for purposes of this heading, (1) the term "State" means 20 any of the 50 States or the District of Columbia and (2) 21 the term "qualifying State" means a State for which the 22 percentage of total deck area of bridges classified as in 23 poor condition in such State is at least 7 .5 percent: Pro24 vided further, That the funds made available under this 25 heading for activities eligible under section 133(b)(l)(A) February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THl:-D.xml SEN. APPRO. 34 1 of title 23, United States Code, and for the elimination 2 of hazards and the installation of protective devices at rail3 ·way-highway crossings, shall be suballocated in the man4 ner described in section 133(d) of such title, except that 5 the set-aside described in section 133(h) of such title shall 6 not apply to funds made available under this heading: Pro- 7 vided further, That the funds made available under this 8 heading for ( 1) activities eligible under section 9 133(b)(l)(A) of such title and for the elimination of haz10 ards and the installation of protective devices at railways11 highway crossings, and (2) a bridge replacement and reha- 12 bilitation progTam shall be administered as if apportioned 13 under chapter 1 of such title and shall remain available 14 through September 30, 2022: Provided further, That the 15 funds made available under this heading for activities eli16 gible under section 133(b)(l)(A) of title 23, United States 17 Code, and for the elimination of hazards and the installa18 tion of protective devices at railway-highway crossings, 19 shall be apportioned to the States in the same ratio as 20 the obligation limitation for fiscal year 2019 is distributed 21 among the States in section 120(a)(5) of this Act: Pro22 vided further, rrhat, except as provided in the following 23 proviso, the funds made available under this heading for 24 activities eligible under the Puerto Rico Highway ProgTam 25 and activities eligible under the Territorial Highway Pro- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\Di,{}-THUD.xml 35 1 gram shall be administered as if allocated under sections 2 165(b) and 165(c), respectively, of such title and shall re3 main available through September 30, 2022: Provided fur4 ther, That the funds made available under this heading 5 for activities eligible under the Puerto Rico Highway Pro6 gram shall not be subject to the requirements of sections 7 165(b)(2)(A) or 165(b)(2)(B) of such title: Provided fur8 ther, That the funds made available under this heading 9 for the nationally significant ].,ederal lands and tribal 10 projects program under section 1123 of the FAST Act 11 shall remain available through September 30, 2022: Pro12 vided further, That the Secretary shall distribute funds 13 made available under this heading for a bridge replace14 ment and rehabilitation program to each qualifying State 15 by the proportion that the percentage of total deck area 16 of bridges classified as in poor condition in each qualifying 17 State bears to the sum of the percentages of total deck 18 area of bridges classified as in poor condition in all quali19 fying States: Provided further, That the funds made avail20 able under this heading for a bridge replacement and reha- 21 bilitation program shall be used for highway bridge re22 placement or rehabilitation projects on public roads: Pro23 vided further, That except as provided in the following pro24 viso the funds made available under this heading for a 25 bridge replacement and rehabilitation program shall be February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019CONF\DiYG-TIITJD.xrnl 36 1 used in areas of a qualifying State that have a population 2 of 200,000 or fewer individuals: Provided further, That if 3 a qualifying State has no bridges located in areas with 4 a population of 200,000 or fewer individuals, or if a quali5 fying State has insufficient bridge replacement or rehabili6 tation needs in areas of the State ,vith a population of 7 200,000 or fewer individuals, the funds made available 8 under this heading for a bridge replacement and rehabili9 tation progTam may be used for highway bridge replace10 mentor rehabilitation projects on public roads in any area 11 of the State: Provided further, ri~hat for purposes of this 12 heading for a bridge replacement and rehabilitation pro13 gram, the Secretary shall (1) calculate population based 14 on the latest available data from the decennial census con- 15 ducted under section 141(a) of title 13, United States 16 Code, and (2) calculate the percentages of total deck area 17 of bridges classified as in poor condition based on the Na18 tional Bridge Inventory as of December 31, 2017. 19 ADMINISTRATIVE PR0\1SIONS-FEDERAL HIGHWAY 20 ADl\IINISTRATION 21 SEC. 120. (a) For fiscal year 2019, the Secretary of 22 Transportation shall23 24 February 9, 2019 (2:15 p.m.) (1) not distribute from the obligation limitation for Federal-aid highways- SEN. APPRO. l:":\2019COKF\DiYG-THUD.xml 37 1 (A) amounts authorized for administrative 2 expenses and programs by section 104(a) of 3 title 23, United States Code; and 4 (B) amounts authorized for the Bureau of 5 Transportation Statistics; 6 (2) not distribute an amount from the obliga- 7 tion limitation for Federal-aid highways that is equal 8 to the unobligated balance of amounts- 9 (A) made available from the Highway 10 rrrust Fund (other than the Mass Transit Ac- 11 count) for Federal-aid highway and highway 12 safety construction programs for previous fiscal 13 years the funds for which are allocated by the 14 Secretary (or apportioned by the Secretary 15 under sections 202 or 204 of title 23, United 16 States Code); and 17 (B) for which obligation limitation was 18 provided in a previous fiscal year; 19 (3) determine the proportion that- 20 (A) the obligation limitation for Federal- 21 aid highways, less the aggTegate of amounts not 22 distributed under paragraphs (1) and (2) of 23 this subsection; bears to 24 (B) the total of the sums authorized to be 25 appropriated for the Federal-aid highway and February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF'\DivG-THUD.xml 38 1 highway safety construction progTams (other 2 than sums authorized to be appropriated for 3 provisions of law. described in paragraphs (1) 4 through (11) of subsection (b) and sums au- 5 thorized to be appropriated for section 119 of 6 title 23, United States Code, equal to the 7 amount referred to in subsection (b)(l2) for 8 such fiscal year), less the aggregate of the 9 amounts not distributed under paragraphs (1) 10 and (2) of this subsection; 11 (4) distribute the obligation limitation for Fed- 12 eral-aid highways, less the aggregate amounts not 13 distributed under paragTaphs (1) and (2), for each 14 of the programs (other than programs to which 15 paragraph (1) applies) that are allocated by the Sec- 16 retmy under the Fi.xing America's Surface Trans- 17 portation Act and title 23, United States Code, or 18 apportioned by the Secretary under sections 202 or 19 204 of that title, by multiplying(A) the proportion determined under para- 20 21 graph (3); by 22 (B) the amounts authorized to be appro- 23 priated for each such program for such fiscal 24 V February 9, 2019 (2:15 p.m.) vear· and ) U:\2019CO~F\DiYG-TffCD.xml SEN. APPRO. 39 1 ( 5) distribute the obligation limitation for Fed- 2 eral-aid highways, less the aggregate amounts not 3 distributed under paragraphs (1) and (2) and the 4 amounts distributed under paragraph (4), for Fed- 5 eral-aid highway and highway safety construction 6 programs that are apportioned by the Secretary 7 under title 23, United States Code (other than the 8 amounts apportioned for the National Highway Per- 9 formance Program in section 119 of title 23, United 10 States Code, that are exempt from the limitation 11 under subsection (b) (12) and the amounts appor- 12 tioned under sections 202 and 204 of that title) in 13 the proportion that- 14 (A) amounts authorized to be appropriated 15 for the programs that are apportioned under 16 title 23, United States Code, to each State for 17 such fiscal year; bears to 18 (B) the total of the amounts authorized to 19 be appropriated for the programs that are ap- 20 portioned under title 23, United States Code, to 21 all States for such fiscal year. 22 (b) EXCEP'rIONS FROM: OBLIGATION LIMITATION.- 23 The obligation limitation for Federal-aid highways shall 24 not apply to obligations under or for25 February 9, 2019 (2:15 p.m.) (1) section 125 of title 23, United States Code; SEN. APPRO. U:\2019CO:-JF\DiYG-THUD.:s:ml 40 1 (2) section 147 of the Surface Transportation 2 Assistance Act of 1978 (23 U.S.C. 144 note; 92 3 Stat. 2714); 4 5 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); 6 (4) subsections (b) and (j) of section 131 of the 7 Surface Transportation Assistance Act of 1982 (96 8 Stat. 2119); 9 (5) subsections (b) and (c) of section 14 9 of the 10 Surface Transportation and Uniform Relocation As- 11 sistance Act of 1987 (101 Stat. 198); 12 (6) sections 1103 through 1108 of the Inter- 13 modal Surface Transportation Efficiency Act of 14 1991 (105 Stat. 2027); 15 16 (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); 17 (8) section 105 of title 23, United States Code 18 (as in effect for fiscal years 1998 through 2004, but 19 only in an amount equal to $639,000,000 for each 20 of those fiscal years); 21 (9) Federal-aid highway programs for which ob- 22 ligation authority was made available under the 23 'rransportation Equity Act for the 21st Century 24 (112 Stat. 107) or subsequent Acts for multiple 25 years or to remain available until expended, but only February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THL'D.xml 41 1 to the e2-._'tent that the obligation authority has not 2 lapsed or been used; 3 (10) section 105 of title 23, United States Code 4 (as in effect for fiscal years 2005 through 2012, but 5 only in an amount equal to $639,000,000 for each 6 of those fiscal years); 7 (11) section 1603 of SAFErrEA-LU (23 8 U.S.C. 118 note; 119 Stat. 1248), to the e2-._'tent that 9 funds obligated in accordance with that section were 10 not subject to a limitation on obligations at the time 11 at which the funds were initially made available for 12 obligation; and 13 (12) section 119 of title 23, United States Code 14 (but, for each of fiscal years 2013 through 2019, 15 only in an amount equal to $639,000,000). 16 (c) REDISTRIBUTION OF UNUSED OBLIGATION Au- 17 TIIORITY.-Kotwithstanding subsection (a), the Secretary 18 shall, after August 1 of such fiscal year19 (1) revise a distribution of the obligation limita- 20 tion made available under subsection (a) if an 21 amount distributed cannot be obligated during that 22 fiscal year; and 23 (2) redistribute sufficient amounts to those 24 States able to obligate amounts in addition to those 25 previously distributed during that fiscal year, giving February 9, 2019 (2:15 p.m.) SEN. APPRO. t":\2019CONF\DiYG-'l'HCD.xml 42 1 priority to those States having large unobligated bal- 2 ances of funds apportioned under sections 144 (as in 3 effect on the day before the date of enactment of 4 Public Law 112-141) and 104 of title 23, United 5 States Code. 6 (d) APPLIGABILITY OF OBLIGATION LIMITATIONS TO 7 TRANSPOR'l'ATION RESEARCH PROGRfu\IS.8 (1) IN GENERAL.-Except as provided in para- 9 graph (2), the obligation limitation for Federal-aid 10 highways shall apply to contract authority for trans- 11 portation research programs carried out under(A) chapter 5 of title 23, United States 12 13 Code; and 14 (B) title VI of the Fixing America's Sur- 15 face Transportation Act. 16 (2) ExCEPTION.-Obligation authority made 17 available under paragraph (1) shall- 18 (A) remain available for a period of 4 fiscal years; and 19 20 (B) be in addition to the amount of any 21 limitation imposed on obligations for Federal- 22 aid highway and highway safety construction 23 programs for future fiscal years. 24 (e) REDISTRIBUTION OF CERTluN AUTHORIZED 25 FUNDS.- February 9, 2019 (2:15 p.m.) SEX APPRO. U: \20 l 9CO KF\DivG-'l'HUD .x:ml 43 1 (1) IN GEXERAL.-Not later than 30 days after 2 the date of distribution of obligation limitation 3 under subsection (a), the Secretary shall distribute 4 to the States any funds (excluding funds authorized 5 for the program under section 202 of title 23, 6 United States Code) that- 7 (A) are authorized to be appropriated for 8 such fiscal year for Federal-aid highway pro- 9 grams; and 10 (B) the Secretary determines will not be 11 allocated to the States (or v.rill not be appor- 12 tioned to the States under section 204 of title 13 23, United States Code), and will not be avail- 14 able for obligation, for such fiscal year because 15 of the imposition of any obligation limitation for 16 such fiscal year. 17 (2) RATIO.-Funds shall be distributed under 18 paragTaph ( 1) in the same proportion as the dis- 19 tribution of obligation authority under subsection 20 (a)(5). 21 (3) AV.AIL.ABILITY.-Funds distributed to each 22 State under paragraph (1) shall be available for any 23 purpose described in section 133(b) of title 23, 24 United States Code. February 9, 2019 (2:15 p.m.) U:\2019COJ'\F\Di,'8--1'HUD.xrnl SEN. APPRO. 44 1 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re- 2 ceived by the Bureau of Transportation Statistics from the 3 sale of data products, for necessary expenses incurred pur4 suant to chapter 63 of title 49, United States Code, may 5 be credited to the Federal-aid highways account for the 6 purpose of reimbursing the Bureau for such expenses: 7 Provided, That such funds shall be subject to the obliga8 tion limitation for Federal-aid highway and highway safety 9 construction programs. 10 SEC. 122. Not less than 15 days prior to waiving, 11 under his or her statutory authority, any Buy America re- 12 quirement for Federal-aid highways projects, the Sec13 retary of Transportation shall make an informal public no14 tice and comment opportunity on the intent to issue such 15 waiver and the reasons therefor: Provided, That the Sec- 16 retary shall provide an annual report to the House and 17 Senate Committees on Appropriations on any waivers 18 granted under the Buy America requirements. 19 SEC. 123. None of the funds provided in this Act to 20 the Department of 'I1ransportation may be used to provide 21 credit assistance unless not less than 3 days before any 22 application approval to provide credit assistance under 23 sections 603 and 604 of title 23, United States Code, the 24 Secretary of Transportation provides notification in ·writ25 ing to the following committees: the House and Senate February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 45 1 Committees on Appropriations; the Committee on Envi- 2 ronment and Public \Vorks and the Committee on Bank3 ing, Housing and Urban Affairs of the Senate; and the 4 Committee on Transportation and Infrastructure of the 5 House of Representatives: Provided, That such notifica6 tion shall include, but not be limited to, the name of the 7 project sponsor; a description of the project; whether cred8 it assistance will be provided as a direct loan, loan guar- 9 antee, or line of credit; and the amount of credit assist10 ance. 11 SEC. 124. None of the funds in this Act may be used 12 to make a grant for a project under section 117 of title 13 23, United States Code, unless the Secretary, at least 60 14 days before making a grant under that section, provides 15 written notification to the House and Senate Committees 16 on Appropriations of the proposed grant, including an 17 evaluation and justification for the project and the amount 18 of the proposed gTant award: Provided, That the written 19 notification required in the previous proviso shall be made 20 no later than 180 days after enactment of this Act. 21 SEC. 125. (a) A State or territory, as defined in sec- 22 tion 165 of title 23, United States Code, may use for any 23 project eligible under section 133(b) of title 23 or section 24 165 of title 23 and located within the boundary of the 25 State or territory any earmarked amount, and any associ- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.xml 46 1 ated obligation limitation: Provided, That the Department 2 of rrransportation for the State or territory for which the 3 earmarked amount was originally designated or directed 4 notifies the Secretary of Transportation of its intent to 5 use its authority under this section and submits a quar6 terly report to the Secretary identifying the projects to 7 which the funding would be applied. Notwithstanding the 8 original period of availability of funds to be obligated 9 under this section, such funds and associated obligation 10 limitation shall remain available for obligation for a period 11 of 3 fiscal years after the fiscal year in which the Sec12 retary of Transportation is notified. The Federal share of 13 the cost of a project carried out with funds made available 14 under this section shall be the same as associated with 15 the earmark. 16 (b) In this section, the term "earmarked amount" 17 means- 18 ( 1) congressionally directed spending, as de- 19 fined in rule XLIV of the Standing Rules of the 20 Senate, identified in a prior law, report, or joint ex- 21 planatory statement, which was authorized to be ap- 22 propriated or appropriated more than 10 fiscal years 23 prior to the current fiscal year, and administered by 24 the Federal Highway Administration; or February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DivG-THUD.21.1nl 47 1 (2) a congTessional earmark, as defined in rule 2 XXI of the Rules of the House of Representatives, 3 identified in a prior law, report, or joint explanatory 4 statement, which was authorized to be appropriated 5 or appropriated more than 10 fiscal years prior to 6 the current fiscal year, and administered by the Fed- 7 eral Highway Administration. 8 (c) 'l1he authority under subsection (a) may be exer- 9 cised only for those projects or activities that have obli10 gated less than 10 percent of the amount made available 11 for obligation as of October 1 of the current fiscal year, 12 and shall be applied to projects within the same general 13 geographic area within 50 miles for which the funding was 14 designated, except that a State or territory may apply 15 such authority to unexpended balances of funds from 16 projects or activities the State or territory certifies have 17 been closed and for which payments have been made under 18 a final voucher. 19 (d) The Secretary shall submit consolidated reports 20 of the information provided by the States and territories 21 each quarter to the House and Senate Committees on Ap22 propriations. February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019CONF\DiYG-THCD.xml 48 1 FEDERAL 1\ilOTOR CARRIER SAFETY ADMINISTRATION 2 MOTOR CARRIER SAFETY OPERATIONS A.."'\D PROGRAJ\IS 3 (LIQUIDATION OF CON"TRACT AUTHORIZATION) 4 (LIMITATION 0~ OBLIGATIONS) 5 (HIGHWAY TRUST FUND) 6 For payment of obligations incurred in the implemen- 7 tation, execution and administration of motor carrier safe- 8 ty operations and programs pursuant to section 31110 of 9 title 49, United States Code, as amended by the Fixing 10 America's Surface Transportation Act, $284,000,000, to 11 be derived from the Highway Trust Fund (other than the 12 lVIass Transit Account), together with advances and reim13 bursements received by the Federal 1\1:otor Carrier Safety 14 Administration, the sum of which shall remain available 15 until eA'})ended: Provided, rrhat funds available for imple16 mentation, execution or administration of motor carrier 17 safety operations and programs authorized under title 49, 18 United States Code, shall not exceed total obligations of 19 $284,000,000 for "lVIotor Carrier Safety Operations and 20 Programs" for fiscal year 2019, of which $9,073,000, to 21 remain available for obligation until September 30, 2021, 22 is for the research and technology program, and of which 23 $34,824,000, to remain available for obligation until Sep24 tember 30, 2021, is for information management. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-TffCD.xml 49 1 MOTOR CARRIER SAFETY GRANTS 2 (LIQUIDATIOX OF CONTRACT AUTHORIZATION) 3 (LLVIITATION ON OBLIGATIONS) 4 (HIGHWAY TRUST FUXD) 5 (I~CLUDING TRA..\'SFER OF FUNDS) 6 For payment of obligations incurred in carrying out 7 sections 31102, 31103, 31104, and 31313 of title 49, 8 United States Code, as amended by the Fixing America's 9 Surface Transportation Act, $382,800,000, to be derived 10 from the Highway Trust Fund (other than the Mass Tran11 sit Account) and to remain available until expended: Pro12 vided, '.I.1hat funds available for the implementation or exe13 cution of motor carrier safety programs shall not exceed 14 total obligations of $382,800,000 in fiscal year 2019 for 15 "Motor Carrier Safety Grants"; of which $304,300,000 16 shall be available for the motor carrier safety assistance 17 program, $32,500,000 shall be available for the commer18 cial driver's license program implementation program, 19 $44,000,000 shall be available for the high priority activi- 20 ties program, and $2,000,000 shall be made available for 21 commercial motor vehicle operators gTants, of which 22 $1,000,000 is to be made available from prior year unobli- 23 gated contract authority provided for Motor Carrier Safe24 ty grants in the Transportation Equity Act for the 21st 25 Century (Public Law 105-178), SAFETEA-LU (Public February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019CO N1'1 \DiYG-THUD .xrnl 50 1 Law 109-59), or other appropriations or authorization 2 acts. 3 1illl\IINISTRATIVE PROVISIONS-FEDERAL 1\IOTOR 4 CARRIER SAFETY ADMINISTRATION 5 SEC. 130. The Federal Motor Carrier Safety Admin- 6 istration shall send notice of 49 CFR section 385.308 vio7 lations by certified mail, registered mail, or another man8 ner of delivery, which records the receipt of the notice by 9 the persons responsible for the violations. 10 SEC. 131. None of the funds appropriated or other- 11 wise made available to the Department of Transportation 12 by this Act or any other Act may be obligated or expended 13 to implement, administer, or enforce the requirements of 14 section 31137 of title 49, United States Code, or any regu15 lation issued by the Secretary pursuant to such section, 16 ,vith respect to the use of electronic logging devices by op17 erators of commercial motor vehicles, as defined in section 18 31132(1) of such title, transporting livestock as defined 19 in section 602 of the Emergency Livestock Feed Assist20 ance Act of 1988 (7 U.S.C. 1471) or insects. 21 SEC. 132. None of the funds appropriated or other- 22 wise made available by this Act or any other Act may be 23 used to implement, enforce or in any other way make ef24 fective the final rule published by the .B'ederal Motor Car25 rier Safety Administration on :May 27, 2015, entitled February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 51 1 "Lease and Interchange of Vehicles; Motor Carriers of 2 Passengers". 3 NATIONAL HIGHWAY 4 5 1 RAFFIC 1 SAFETY ADMINISTRATION OPERATIONS AND RESEARCH For eArpenses necessary to discharge the functions of 6 the Secretary, ,vith respect to traffic and highway safety 7 authorized under chapter 301 and part C of subtitle VI 8 of title 49, United States Code, $190,000,000, of which 9 $40,000,000 shall remain available through September 10 30, 2020. 11 OPERATIONS AND RESEARCH 12 (LIQUIDATION OF CONTRACT AUTHORIZATION) 13 (LIMITATION OX OBLIGATIONS) 14 (HIGHWAY TRUST FUND) 15 _B..,or payment of obligations incurred in carrying out 16 the provisions of 23 U.S.C. 403, section 4011 of the FLx17 ing America's Surface Transportation Act (Public Law 18 114-94), and chapter 303 of title 49, United States Code, 19 $152,100,000, to be derived from the Highway Trust 20 Fund (other than the Mass Transit Account) and to re21 main available until expended: Provided, That none of the 22 funds in this Act shall be available for the planning or 23 execution of programs the total obligations for which, in 24 fiscal year 2019, are in excess of $152,100,000, of which 25 $146,700,000 shall be for programs authorized under 23 February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xrnl 52 1 U.S.C. 403 and section 4011 of the Fixing America's Sur- 2 face Transportation Act (Public Law 114-94) and 3 $5,400,000 shall be for the National Driver Register au4 thorized under chapter 303 of title 49, United States 5 Code: Provided further, That ·within the $152,100,000 ob6 ligation limitation for and operations research, 7 $20,000,000 shall remain available until September 30, 8 2020, and shall be in addition to the amount of any limita9 tion imposed on obligations for future years. 10 HIGHWAY TRAFFIC SAFETY GRANTS 11 (LIQUIDATION OF CONTRAC'l' AUTHORIZATION) 12 (LIMITATION ON OBLIGATIONS) 13 (HIGHWAY TRUST FUND) 14 ] 1 or payment of obligations incurred in carrying out 15 provisions of 23 U.S.C. 402, 404, and 405, and section 16 4001(a)(6) of the Fixing America's Surface Transpor17 tation Act, to remam available until eA'})ended, 18 $610,208,000, to be derived from the Highway Trust 19 Fund (other than the Mass Transit Account): Provided, 20 rrhat none of the funds in this Act shall be available for 21 the planning or execution of programs the total obligations 22 for which, in fiscal year 2019, are in excess of 23 $610,208,000 for programs authorized under 23 U.S.C. 24 402, 404, and 405, and section 4001(a)(6) of the Fixing 25 America's February 9, 2019 (2:15 p.m.) Surface Transportation Act, of which SEX APPRO. U:\2019CON"F\DiYG-THUD.xml 53 1 $270,400,000 shall be for "Highway Safety Programs" 2 under 23 U.S.C. 402; $283,000,000 shall be for "National 3 Priority Safety Programs" under 23 U.S.C. 405· ' 4 $30,200,000 shall be for the "High Visibility Enforcement 5 ProgTam" under 23 U.S.C. 404; $26,608,000 shall be for 6 "Administrative Expenses" under section 400l(a)(6) of 7 the Fi.xing .Ainerica's Surface Transportation Act: Pro8 vided further, That none of these funds shall be used for 9 construction, rehabilitation, or remodeling costs, or for of10 fice furnishings and fixtures for State, local or private 11 buildings or structures: Provided further, That not to ex- 12 ceed $500,000 of the funds made available for "National 13 Priority Safety Programs" under 23 U.S.C. 405 for "Im14 paired Driving Countermeasures" (as described in sub15 section (d) of that section) shall be available for technical 16 assistance to the States: Provided further, That with re17 spect to the "Transfers" provision under 23 U.S.C. 18 405(a)(8), any amounts transferred to increase the 19 amounts made available under section 402 shall include 20 the obligation authority for such amounts: Provided fur21 ther, That the Administrator shall notify the House and 22 Senate Committees on Appropriations of any exercise of 23 the authority granted under the previous proviso or under 24 23 U.S.C. 405(a)(8) ·within 5 days. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COK1''\DiYG-THCD.xrnl 54 1 ADlVIIJ\'ISTI{A_TIVE PROVISIONS-NATIONAL HIGHWAY 2 TRAFFIC SAFETY ADlVIINIS'l'RATIOK 3 SEC. 140. An additional $130,000 shall be made 4 available to the National Highway Traffic Safety Adminis- 5 tration, out of the amount limited for section 402 of title 6 23, United States Code, to pay for travel and related ex- 7 penses for State management reviews and to pay for core 8 competency development training and related expenses for 9 highway safety staff. 10 SEC. 141. The limitations on obligations for the pro- 11 grams of the National Highway Traffic Safety Adminis- 12 tration set in this Act shall not apply to obligations for 13 which obligation authority was made available in previous 14 public laws but only to the extent that the obligation au15 thority has not lapsed or been used. 16 SEC. 142. None of the funds made available by this 17 Act may be used to mandate global positioning system 18 (GPS) tracking in private passenger motor vehicles with19 out providing full and appropriate consideration of privacy 20 concerns under 5 U.S.C. chapter 5, subchapter II. 21 SEC. 143. In addition to the amounts made available 22 under the heading, "Operations and Research (Liquida23 tion of Contract Authorization) (Limitation on Obliga24 tions) (Highway Trust Fund)" for carrying out the provi25 sions of section 403 of title 23, United States Code, February 9, 2019 (2:15 p.m.) U:\2019COKF\DivG-THCD.xrnl SEK. APPRO. 55 1 $14,000,000, to remain available until September 30, 2 2020, shall be made available to the National Highway 3 Traffic Safety Administration from the general fund, of 4 which not to exceed $7,000,000 shall be available to pro- 5 vide funding for gTants, pilot program activities, and inno6 vative solutions to reduce impaired-driving fatalities in col- 7 laboration with eligible entities under section 403 of title 8 23, United States Code, and not to exceed $7,000,000 9 shall be available to continue a high visibility enforcement 10 paid-media campaign regarding highway-rail grade cross11 ing safety in collaboration with the Federal Railroad Ad12 ministration. 13 FEDERAL RAILROAD ADMINISTRATION 14 SAFETY AND OPERATIONS 15 For necessary expenses of the Federal Railroad Ad- 16 ministration, not othenvise provided for, $221,698,000, of 17 which $18,000,000 shall remain available until expended. 18 19 RAILROAD RESEARCH AND DEv7ELOP1VIENT For necessary eJ\..l)enses for railroad research and de- 20 velopment, $40,600,000, to remain available until ex21 pended. 22 RAILROAD REHABILITATION AND Il\IPROVEl\IENT 23 FINANCING PROGRAlVI 24 The Secretary of Transportation 1s authorized to 25 issue direct loans and loan guarantees pursuant to sec- February 9, 2019 (2:15 p.m.) U:\2019CONF\Di"vG-THUD.xrnl SEN. APPRO. 56 1 tions 501 through 504 of the Railroad Revitalization and 2 Regulatory Reform Act of 1976 (Public Law 94-210), as 3 amended, such authority shall exist as long as any such 4 direct loan or loan guarantee is outstanding. 5 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 6 REPAIR 7 For necessary e::\.1)enses related to Federal-State 8 Partnership for State of Good Repair Grants as author9 ized by section 24911 of title 49, United States Code, 10 $400,000,000, to remain available until expended: ProI I vided, rrhat the Secretary may withhold up to one percent 12 of the amount provided under this heading for the costs 13 of award and project management oversight of grants car14 ried out under section 24911 of title 49, United States 15 Code: Provided further, 'I.1hat the Secretary shall issue the 16 Notice of Funding Opportunity that encompasses funds 17 provided under this heading in this Act and previously 18 unawarded funds provided under this heading in fiscal 19 year 2017 by Public Law 115-31 and fiscal year 2018 20 by Public Law 115-141, no later than 30 days after enact21 ment of this Act: Provided further, That the Secretary 22 shall announce the selection of projects to receive awards 23 for the funds in the previous proviso no later than 180 24 days after enactment of this Act. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 57 1 CONSOLIDATED RAIL INFRASTRUC'l'URE AND SAFETY 2 IlVIPRO\'ElVIEN'l'S 3 For necessary eA1)enses related to Consolidated Rail 4 Infrastructure and Safety Improvements Grants, as au- 5 thorized by section 24407 of title 49, United States Code, 6 $255,000,000, to remain available until eA7Pended: Pro7 vided, rrhat section 24405(f) of title 49, United States 8 Code, shall not apply to projects for the implementation 9 of positive train control systems otherwise eligible under 10 section 24407(c)(l) of title 49, United States Code: Pro11 vided further, rrhat amounts available under this heading 12 for projects selected for commuter rail passenger transpor13 tation may be transferred by the Secretary, after selection, 14 to the appropriate agencies to be administered in accord15 ance ,vith chapter 53 of title 49, United States Code: Pro16 vided further, That the Secretary shall not limit eligible 17 projects from consideration for funding for planning, engi18 neering, environmental, construction, and design elements 19 of the same project in the same application: Provided fur20 ther, That unobligated balances remaining after 4 years 21 from the date of enactment may be used for any eligible 22 project under section 24407(c) of title 49, United States 23 Code: Provided further, That the Secretary may ,vithhold 24 up to one percent of the amount provided under this head25 ing for the costs of award and project management over- February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019CO~F\DiYG-THUD.xml 58 1 sight of grants carried out under section 24407 of title 2 49, United States Code: Provided further, That the Sec3 retary shall issue the Notice of Funding Opportunity that 4 encompasses previously unawarded funds provided under 5 this heading in fiscal year 2018 by Public Law 115-141 6 and funds provided under this heading in this Act no later 7 than 30 days after enactment of this Act: Provided further, 8 rrhat the Secretary shall announce the selection of projects 9 to receive awards for the funds in the previous proviso no 10 later than 120 days after enactment of this Act. 11 12 RESTORATION AND ENHANCEMENT J1'or necessary expenses related to Restoration and 13 Enhancement Grants, as authorized by section 24408 of 14 title 49, United States Code, $5,000,000, to remain avail15 able until expended: Provided, That the Secretary may 16 withhold up to one percent of the funds provided under 17 this heading to fund the costs of award and project man18 agement and oversight: Provided further, That the Sec19 retary shall issue the Notice of Funding Opportunity for 20 funds provided under this heading no later than 30 days 21 after enactment of this Act: Provided further, rrhat the 22 Secretary shall announce the selection of projects to re- 23 ceive awards for the funds in the previous proviso no later 24 than 120 days after enactment of this Act. February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019COKF\DiYG-'l'HUD.x:ml 59 1 MAGNETIC LE"VITATION TECHKOLOGY DEPLOYMENT 2 PROGRAlVI 3 For necessary expenses related to the deployment of 4 magnetic levitation transportation projects, consistent 5 ·with language in 1307(a) through (c) of Public Law 1096 59, as amended by section 102 of Public Law 110-244 7 (section 322 of title 23, United States Code), 8 $10,000,000, to remain available until expended. 9 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL 10 RAILROAD PASSENGER CORPORATION 11 To enable the Secretary of Transportation to make 12 grants to the National Railroad Passenger Corporation for 13 activities associated ·with the Northeast Corridor as au14 thorized by section lllOl(a) of the Fixing .America's Sur- 15 face Transportation Act (division A of Public Law 11416 94), $650,000,000, to remain available until expended: 17 Provided, That the Secretary may retain up to one-half 18 of 1 percent of the funds provided under both this heading 19 and the "National Network Grants to the National Rail- 20 road Passenger Corporation" heading to fund the costs 21 of project management and oversight of activities author22 ized by section 11101 (c) of division A of Public Law 114- 23 94: Provided further, That in addition to the project man24 agement oversight funds authorized under section 25 lllOl(c) of division A of Public Law 114-94, the Sec- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONl<'\DiYG-'11 I-IUD.x:ml 60 1 retmy may retain up to an additional $5,000,000 of the 2 funds provided under this heading to fund expenses associ3 ated with the Northeast Corridor Commission established 4 under section 24905 of title 49, United States Code: Pro5 vided further, rrhat of the amounts made available under 6 this heading and the "National Network Grants to the Na7 tional Railroad Passenger Corporation" heading, not less 8 than $50,000,000 shall be made available to bring Am9 trak-served facilities and stations into compliance with the 10 Americans 'With Disabilities Act. 11 ~ATIONAL NETWORK G&L"\fTS TO THE NATIONAL 12 RAILROAD PASSENGER CORPORATION 13 rro enable the Secretary of rrransportation to make 14 grants to the National Railroad Passenger Corporation for 15 activities associated with the National Network as author16 ized by section 11101 (b) of the Fixing America's Surface 17 rrransportation Act (division A of Public Law 114-94), 18 $1,291,600,000, to remain available until expended: Pro19 vided, That the Secretary may retain up to an additional 20 $2,000,000 of the funds provided under this heading to 21 fund eA'J)enses associated ~'l.th the State-Supported Route 22 Committee established under section 24 712 of title 49, 23 United States Code: Provided further, 1--,hat at least 24 $50,000,000 of the amount provided under this heading 25 shall be available for the development, installation and op- February 9, 2019 (2:15 p.m.) l:":\2019C0I\F\DiYG-THUD.xml SEN. APPRO. 61 1 eration of railroad safety technology, including the imple2 mentation of a positive train control system, on State-sup3 ported routes as defined under section 24102(13) of title 4 49, United States Code, on which positive train control 5 systems are not required by law or regulation: Provided 6 further, That not less than $50,000,000 of the amount 7 provided under this heading shall be for capital expenses 8 related to safety improvements, maintenance, and the non9 Federal match for discretionary Federal gTant progTams 10 to enable continued passenger rail operations on long-dis11 tance routes (as defined in section 24102 of title 49, 12 United States Code) on which Amtrak is the sole operator 13 on a host railroad's line and a positive train control system 14 is not required by law or regulation: Provided further, 15 That none of the funds provided under this heading shall 16 be used by Aintrak to give notice under subsection (a) or 17 (b) of section 24 706 of title 49, United States Code, with 18 respect to long-distance routes (as defined in section 19 24102 of title 49, United States Code) on which Aintrak 20 is the sole operator on a host railroad's line and a positive 21 train control system is not required by law or regulation, 22 or, except in an emergency or during maintenance or con23 struction outages impacting such routes, to otherwise dis24 continue, reduce the frequency of, suspend, or substan25 tially alter the route of rail service on any portion of such February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019CONl<'\DiYG-'l'HUD.xml 62 1 route operated in fiscal year 2018, including implementa- 2 tion of service permitted by section 24305(a)(3)(A) of title 3 49, United States Code, in lieu of rail service. 4 ADMINISTRATIVE PROVISIONS-FEDERAL RAILROAD 5 ADl\IINTSTRATION 6 SEC. 150. None of the funds provided to the National 7 Railroad Passenger Corporation may be used to fund any 8 overtime costs in excess of $35,000 for any individual em9 ployee: Provided, That the President of Aintrak may waive 10 the cap set in the previous proviso for specific employees 11 when the President of Aintrak determines such a cap 12 poses a risk to the safety and operational efficiency of the 13 system: Provided further, That the President of Aintrak 14 shall report to the House and Senate Committees on Ap- 15 propriations within 60 days of enactment of this Act, a 16 summary of all overtime payments incurred by the Cor17 poration for 2018 and the three prior calendar years: Pro- 18 vided further, That such summary shall include the total 19 number of employees that received waivers and the total 20 overtime payments the Corporation paid to those employ- 21 ees receiving waivers for each month for 2018 and for the 22 three prior calendar years. 23 SEC. 151. It is the sense of CongTess that- 24 (1) long-distance passenger rail routes provide 25 much-needed transportation access for 4,700,000 February 9, 2019 (2:15 p.m.) SEX APPRO. e:\2019CONF\DiYG-THUD.x:ml 63 1 riders in 325 communities in 40 States and are par- 2 ticularly important in rural areas; and 3 (2) long-distance passenger rail routes and 4 services should be sustained to ensure connectivity 5 throughout the National N et\;vork (as defined in sec- 6 tion 24102 of title 49, United States Code). 7 FEDERAL TRANSIT ADMINISTRATION 8 AD:;\/IINISTRATIVE EXPE~SES 9 For necessary administrative expenses of the Federal 10 Transit Administration's programs authorized by chapter 11 53 of title 49, United States Code, $113,165,000, of which 12 up to $1,000,000 shall be available to carry out the provi- 13 sions of section 5326 of such title: Provided, That none 14 of the funds provided or limited in this Act may be used 15 to create a permanent office of transit security under this 16 heading: Provided further, That upon submission to the 17 Congress of the fiscal year 2020 President's budget, the 18 Secretary of '.I.1ransportation shall transmit to Congress 19 the annual report on Kew Starts, including proposed allo- 20 cations for fiscal year 2020. February 9, 2019 (2:15 p.m.) SEN. _APPRO. "C:\2019CONF\DiYG-THUD.:\111l 64 1 TRANSIT FORMULA GRANTS 2 (LIQUIDATION OF CON'l'RACT AUTHORIZATION) 3 (LIMITATION O:N OBLIGATIONS) 4 (HIGHWAY TRUST FUND) 5 For payment of obligations incurred in the Federal 6 Public Transportation Assistance Program in this ac7 count, and for payment of obligations incurred in carrying 8 out the provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 9 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 10 5340, as amended by the Fixing Alnerica's Surface Trans11 portation Act, section 20005(b) of Public Law 112-141, 12 and section 3006(b) of the Fixing Alnerica's Surface 13 Transportation Act, $9,900,000,000, to be derived from 14 the Mass Transit Account of the Highway Trust Fund 15 and to remain available until expended: Provided, That 16 funds available for the implementation or execution of pro17 gTams authorized under 49 U.S.C. 5305, 5307, 5310, 18 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 19 and 5340, as amended by the Fixing America's Surface 20 Transportation Act, section 20005(b) of Public Law 11221 141, and section 3006(b) of the Fixing America's Surface 22 Transportation Act, shall not exceed total obligations of 23 $9,939,380,030 in fiscal year 2019: Provided further, rrhat 24 the Federal share of the cost of activities carried out under 25 49 U.S.C. section 5312 shall not exceed 80 percent, except February 9, 2019 (2:15 p.m.) SEX APPRO. U:\2019COKF\DiYG-THUD.xml 65 1 that if there is substantial public interest or benefit, the 2 Secretary may approve a greater Federal share. 3 4 TRANSIT INFRASTRUCTURE GRANTS ]1--,or an additional amount for buses and bus facilities 5 grants under section 5339 of title 49, United States Code, 6 state of good repair grants under section 5337 of such 7 title, formula grants for rural areas under section 5311 8 of such title, high density state apportionments under scc- 9 tion 5340(d) of such title, and the bus testing facilities 10 under sections 5312 and 5318 of such title, $700,000,000 11 to remain available until expended: Provided, That 12 $350,000,000 shall be available for gTants as authorized 13 under section 5339 of such title, of which $160,000,000 14 shall be available for the buses and bus facilities formula 15 grants as authorized under section 5339(a) of such title, 16 $160,000,000 shall be available for the buses and bus fa17 cilities competitive grants as authorized under section 18 5339(b) of such title, and $30,000,000 shall be available 19 for the low or no emission grants as authorized under sec20 tion 5339(c) of such title: Provided further, That 21 $263,000,000 shall be available for the state of good re22 pair grants as authorized under section 5337 of such title: 23 Provided further, That $40,000,000 shall be available for 24 formula grants for rural areas as authorized under section 25 5311 of such title: Provided further, That $40,000,000 February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~l<'\DiYG-THUD.xml 66 1 shall be available for the high density state apportion2 ments as authorized under section 5340( d) of such title: 3 Provided further, That $1,000,000 shall be available for 4 the bus testing facility as authorized under section 5318 5 of such title: Provided further, rrhat notwithstanding sec6 tion 5318(a) of such title, $6,000,000 shall be available 7 for the operation and maintenance of bus testing facilities 8 by institutions of higher education selected pursuant to 9 section 5312(h) of such title: Provided further, rrhat the 10 Secretary shall enter into a contract or cooperative agree11 ment ·with, or make a grant to, each institution of higher 12 education selected pursuant to section 5312(h) of such 13 title, to operate and maintain a facility to conduct the test14 ing of low or no emission vehicle new bus models using 15 the standards established pursuant to section 5318(e)(2) 16 of such title: Provided further, That the term "low or no 17 emission vehicle" has the meaning given the term in sec18 tion 5312(e)(6) of such title: Provided further, That the 19 Secretmy shall pay 80 percent of the cost of testing a low 20 or no emission vehicle new bus model at each selected in21 stitution of higher education: Provided further, That the 22 entity having the vehicle tested shall pay 20 percent of 23 the cost of testing: Provided further, That a low or no 24 emission vehicle new bus model tested that receives a pass25 ing aggregate test score in accordance with the standards February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF'\DivG-THUD.xrnl 67 1 established under section 5318(e)(2) of such title, shall be 2 deemed to be in compliance with the requirements of sec3 tion 5318(e) of such title: Provided further, That amounts 4 made available by this heading shall be derived from the 5 general fund: Provided further, That the amounts made 6 available under this heading shall not be subject to any 7 limitation on obligations for transit programs set forth in 8 any Act. 9 10 TECHNICAL ASSISTAfWE .Al"\JD TRAINING For necessary expenses to carry out 49 U.S.C. 5314, 11 $5,000,000, of which not less than $1,500,000 shall be 12 for a cooperative agreement through which the Federal 13 Transit Administration assists small-urban, rural and 14 tribal public transit recipients and planning organizations 15 with applied innovation and capacity-building: Provided, 16 That the assistance provided under this heading not dupli17 cate the activities of 49 U.S.C. 5311(b) or 49 U.S.C. 18 5312. 19 20 CAPI'TAL 11\\/'ESTlVIEKT GRAN'rS For necessary e2'..rpenses to carry out fixed guideway 21 capital investment grants under section 5309 of title 49, 22 United States Code, and section 3005(b) of the Fixing 23 America's Surface Transportation Act, $2,552,687,000, to 24 remain available until September 30, 2022: Provided, 25 That of the amounts made available under this heading, February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CO:-TF\DiYG-THUD.xml 68 1 $2,169,783,950 shall be obligated by December 31, 2020: 2 Provided further, That of the amounts made available 3 under this heading, $1,265,670,000 shall be available for 4 projects authorized under section 5309(d) of title 49, 5 United States Code, $635,000,000 shall be available for 6 projects authorized under section 5309(e) of title 49, 7 United States Code, $526,500,000 shall be available for 8 projects authorized under section 5309(h) of title 49, 9 United States Code, and $100,000,000 shall be available 10 for projects authorized under section 3005(b) of the Fix11 ing America's Surface Transportation Act: Provided fur12 ther, rrhat the Secretary shall continue to administer the 13 capital investment grants program in accordance with the 14 procedural and substantive requirements of section 5309 15 of title 49, United States Code, and of section 3005(b) 16 of the Fixing America's Surface Transportation Act. 17 GRANTS TO THE WASHINGTON ME'fROPOLITAi"\f AREA 18 TRANSIT AUTHORITY 19 J11 or grants to the Washington Metropolitan Area 20 Transit Authority as authorized under section 601 of divi21 sion B of Public Law 110-432, $150,000,000, to remain 22 available until expended: Provided, That the Secretary of 23 Transportation shall approve grants for capital and pre24 ventive maintenance expenditures for the Washington 25 lVIetropolitan Area 'l1ransit Authority only after receiving February 9, 2019 (2:15 p.m.) SEN. APPRO. l:":\2019CON.B'\DiYG-TIIl:"D.xml 69 1 and reviewing a request for each specific project: Provided 2 further, That prior to approving· such grants, the Secretary 3 shall certify that the Washington Metropolitan Area Tran4 sit Authority is making progress to improve its safety 5 management system in response to the Federal Transit 6 Administration's 2015 safety management inspection: 7 Provided further, That the Secretary shall determine that 8 the vVashington Metropolitan Area r.rransit Authority has 9 placed the highest priority on those investments that will 10 improve the safety of the system before approving such 11 gTants: Provided further, That the Secretary, in order to 12 ensure safety throughout the rail system, may waive the 13 requirements of section 601(e)(l) of division B of Public 14 Law 110-432. 15 """illl\IINISTRATIVE PROVISIONS-FEDERAL TRANSIT 16 ADMINISTRATION 17 (INCLUDING RESCISSION) 18 SEC. 160. The limitations on obligations for the pro- 19 grams of the Federal Transit Administration shall not 20 apply to any authority under 49 U.S.C. 5338, previously 21 made available for obligation, or to any other authority 22 previously made available for obligation. 23 SEC. 161. Notwithstanding any other provis10n of 24 law, funds appropriated or limited by this Act under the 25 heading ":B1 ixed Guideway Capital Investment" of the Fed- February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019CON"F\DiYG-THCD.:i-,11l 70 1 eral Transit Administration for projects specified in this 2 Act or identified in reports accompanying this Act not ob3 ligated by September 30, 2022, and other recoveries, shall 4 be directed to projects eligible to use the funds for the 5 purposes for which they were originally provided. 6 SEC. 162. Notwithstanding any other provision of 7 law, any funds appropriated before October 1, 2018, under 8 any section of chapter 53 of title 49, United States Code, 9 that remain available for eA'Penditure, may be transferred 10 to and administered under the most recent appropriation 11 heading for any such section. 12 SEC. 163. Notwithstanding any other provision of 13 law, none of the funds made available in this Act shall 14 be used to enter into a full funding grant agreement for 15 a project ,vith a New Starts share greater than 51 percent. 16 SEC. 164. Of the unobligated amounts made available 17 for fiscal years 2005 or prior fiscal years to "Transit For18 mula Grants", a total of $46,560,000 is hereby perma19 nently rescinded. 20 SEC. 165. None of the funds made available under 21 this Act may be used for the implementation or further22 ance of new policies detailed in the "Dear Colleague" let23 ter distributed by the Federal Transit Administration to 24 capital investment grant program project sponsors on 25 June 29, 2018. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 71 1 S1UNT LAvYRENCE SEAWAY DEVELOPMENT 2 CORPORATION 3 rrhe Saint Lawrence Seaway Development Corpora- 4 tion is hereby authorized to make such expenditures, ·with5 in the limits of funds and borruwing- authority available 6 to the Corporation, and in accord with law, and to make 7 such contracts and commitments without regard to fiscal 8 year limitations, as provided by section 104 of the Govern9 ment Corporation Control Act, as amended, as may be 10 necessary in carrying- out the programs set forth in the 11 Corporation's budget for the current fiscal year. 12 OPERATIONS AND JVIAINTEN.A.NCE 13 (HARBOR MAINTENANCE TRUST FUND) 14 J1--,or necessary expenses to conduct the operations, 15 maintenance, and capital asset renewal activities on those 16 portions of the Saint Lawrence Seaway mvned, operated, 17 and maintained by the Saint Lawrence Seaway Develop18 ment Corporation, $36,000,000, to be derived from the 19 Harbor J\ilaintenance Trust Fund, pursuant to Public Law 20 99-662: Provided, rrhat of the amounts made available 21 under this heading-, not less than $16,000,000 shall be 22 used on capital asset renewal activities. February 9, 2019 (2:15 p.m.) SEN. APPRO. U: \2019CO KF\DiYG-'f I-IUD .2s.'ml 72 1 MARITIME ADMINISTRATION 2 1V1ARITI1VIE SECURITY PROGRAl\i 3 :B.,or necessary expenses to maintain and preserve a 4 U.S.-flag merchant fleet to serve the national security 5 needs of the United States, $300,0QO,OOO, to remain avail- 6 able until expended. 7 OPERATIOKS AND rrR.A.INING 8 (INCLUDING TRA..,SFER OF FUNDS) 9 For necessary expenses of operations and training ac- 10 tivities authorized by law, $149,442,000, of which 11 $70,593,000 shall remain available until September 30, 12 2020 for the operations of the United States :Merchant 13 Marine Academy, and of which $18,000,000 shall remain 14 available until expended for the maintenance and repair, 15 equipment, and capital improvements at the United States 16 l\'Ierchant Marine Academy: Provided, That not later than 17 January 12, 2019, the Administrator of the Maritime Ad18 ministration shall transmit to the House and Senate Com19 mittees on Appropriations the annual report on sexual as- 20 sault and sexual harassment at the United States Mer21 chant 1\/[arine Academy as required pursuant to section 22 3507 of Public Law 110-417: Provided further, That of 23 the amounts made available under this heading, 24 $3,000,000 shall remain available until September 30, 25 2020 for the Maritime Environment and rrechnology As- February 9, 2019 (2:15 p.m.) U:\2019CONF\Di,-O-THCD.xml SEN. APPRO. 73 1 sistance progTam authorized under section 50307 of title 2 46, United States Code: Provided further, That of the 3 amounts made available under this heading, $7,000,000, 4 shall remain available until expended for the Short Sea 5 Transportation Program (Ainerica' s Marine Highways) to 6 make grants for the purposes authorized under sections 7 5560l(b)(l) and (3) of title 46, United States Code: Pro- 8 vided further, That available balances under this heading 9 for the Short Sea Transportation Program (Ainerica' s 10 Marine Highways) from prior year recoveries shall be 11 available to carry out activities authorized under sections 12 55601(b)(l) and (3) of title 46, United States Code: Pro13 vided further, That from funds provided under the pre- 14 vious two provisos, the Secretary of Transportation shall 15 make grants no later than 180 days after enactment of 16 this Act in such amounts as the Secretary determines: 17 Provided further, That any unobligated balances available 18 from previous appropriations for progTams and activities 19 supporting State Maritime Academies shall be transferred 20 to and merged ·with the appropriations for "Maritime Ad21 ministration, State 1\/Iaritime Academy Operations" and 22 shall be made available for the same purposes. 23 24 STATE MARITIME .ACADEMY OPERATIONS For necessary expenses of operations, support and 25 training February 9, 2019 (2:15 p.m.) activities for State Maritime Academies, SEN. APPRO. C\2019CO~F\DiYG-THUD.xml 74 1 $345,200,000, of which $25,000,000, to remain available 2 until expended, shall be for maintenance, repair, life exten3 sion, and capacity improvement of K ational Defense Re4 serve :B--,leet training ships in support of State Maritime 5 Academies, of which $8,000,000, to remain available until 6 expended, shall be for expenses related to training mari7 ners for costs associated with training vessel sharing pur8 suant to 46 U.S.C. 51504(g)(3) for costs associated with 9 mobilizing, operating and demobilizing the vessel, includ10 ing travel costs for students, faculty and crew, the costs 11 of the general agent, crew costs, fuel, insurance, oper12 ational fees, and vessel hire costs, as determined by the 13 Secretary, of which $300,000,000, to remain available 14 until expended, shall be for the National Security l\[ulti15 Mission Vessel Program, including funds for construction, 16 planning, administration, and design of school ships, of 17 which $2,400,000 shall remain available through Sep18 tember 30, 2020, for the Student Incentive Program, of 19 which $3,800,000 shall remain available until expended 20 for training ship fuel assistance, and of which $6,000,000 21 shall remain available until September 30, 2020, for direct 22 payments for State Maritime Academies. 23 24 ASSISTANCE TO SlVIALL SHIPYARDS To make grants to qualified shipyards as authorized 25 under section 54101 of title 46, United States Code, as February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DivG-THUD.xrnl 75 1 amended by Public Law 113-281, $20,000,000, to remain 2 available until expended. 3 4 SHIP DISPOSAL For necessary expenses related to the disposal of ob- 5 solete vessels in the National Defense Reserve Fleet of the 6 lVIaritime Administration, $5,000,000, to remain available 7 until expended. 8 lVLIBITil\iE GUARANTEED LOAN (TITLE XI) PROGRAM 9 ACCOUNT 10 (INCLUDING TRANSFER OF FUNDS) 11 _11-ior administrative expenses to carry out the guaran- 12 teed loan program, $3,000,000, which shall be transferred 13 to and merged with the appropriations for "Operations 14 and Training", Maritime Administration. 15 16 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make gTants to improve port facilities as author- 17 ized under section 50302 of title 46, United States Code, 18 $200,000,000 to remain available until expended: Pro19 vided, That projects eligible for funding provided under 20 this heading shall be projects for coastal seaports: Pro21 vided further, That in addition, $92,730,000, to remam 22 available until expended, shall be for grants to the 15 23 coastal seaports that handled the greatest number of load24 ed foreign and domestic twenty-foot equivalent units of 25 containerized cargo in 2016, as identified by the U.S. February 9, 2019 (2:15 p.m.) SEN. APPRO. L :\2019CO KF\DiYG-'l'Hl"D .xrnl 76 1 Army Corps of Engineers: Provided further, 'l1hat the Mar- 2 itime Administration shall distribute funds provided under 3 this heading as discretionary grants to port authorities or 4 commissions or their subdivisions and agents under exist- 5 ing authority, as well as to a State or political subdivision 6 of a State or local government, a tribal government, a pub- 7 lie agency or publicly chartered authority established by 8 one or more States, a special purpose district with a trans- 9 portation function, a multistate or multijurisdictional 10 group of entities, or a lead entity described above jointly 11 ·with a private entity or group of private entities: Provided 12 further, That projects eligible for funding provided under 13 this heading shall be either within the boundary of a port, 14 or outside the boundary of a port, and directly related to 15 port operations or to an intermodal connection to a port 16 that will improve the safety, efficiency, or reliability of the 17 movement of goods into, out of, around, or within a port, 18 as well as the unloading and loading of cargo at a port: 19 Provided further, rrhat in awarding grants from funds 20 made available by the second proviso under this heading 21 for the 15 coastal seaports referred to, the Maritime Ad22 ministration shall give priority consideration for proposed 23 projects that construct treatment facilities defined in sec24 tion 305.1 of title 7, Code of Federal Regulations, to meet 25 the phytosanitary treatment requirements of sections February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 77 1 305.5 through 305.8 of title 7, Code of Federal Regula- 2 tions: Provided further, That the Federal share of the 3 costs for which an eArpenditure is made under this heading 4 shall be up to 80 percent: Provided further, rrhat not to 5 exceed 2 percent of the funds appropriated under this 6 heading shall be available for necessary costs of grant ad7 ministration: Provided further, rrhat the proceeds of Fed8 eral credit assistance under chapter 6 of title 23, United 9 States Code or sections 501 through 504 of the Railroad 10 and Revitalization and Regulatory Reform Act of 1976 11 (Public Law 94-210), as amended, shall be considered to 12 be part of the non-Federal share of project costs if the 13 loan is repayable from non-Federal funds, unless otherwise 14 requested by the project sponsor. 15 ADMINISTRATIVE PROVISIONS-MARITIME 16 ADl\IINISTRATION 17 SEC. 170. Notwithstanding any other provis10n of 18 this Act, in addition to any existing authority, the Mari19 time Administration is authorized to furnish utilities and 20 services and make necessary repairs in connection with 21 any lease, contract, or occupancy involving Government 22 property under control of the Maritime Administration: 23 Provided, 'rl1at payments received therefor shall be cred24 ited to the appropriation charged with the cost thereof and 25 shall remain available until expended: Provided further, February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DiYG-TIIUD.xml 78 1 That rental payments under any such lease, contract, or 2 occupancy for items other than such utilities, services, or 3 repairs shall be covered into the Treasury as miscellaneous 4 receipts. 5 PIPELINE AND HAzARDOUS l\iATERIALS SAFETY 6 AD1VIINISTRATION 7 OPERATIONAL EXPENSES 8 9 and For necessary operational expenses of the Pipeline Hazardous l\!Iaterials Safety Administration, 10 $23,710,000: Provided, That the Secretary of Transpor11 tation shall issue a final rule to expand the applicability 12 of comprehensive oil spill response plans within 90 days 13 of enactment of this Act: Provided further, That the 14 amounts appropriated under this heading shall be reduced 15 by $10,000 per day for each day that such rule has not 16 been issued following the expiration of the period set forth 17 in the previous proviso. 18 19 HAZARDOUS MATERIALS SAFETY :B'or expenses necessmy to discharge the hazardous 20 materials safety functions of the Pipeline and Hazardous 21 Materials Safety Administration, $58,000,000, of which 22 $7,570,000 shall remain available until September 30, 23 2021: Provided, That up to $800,000 in fees collected 24 under 49 U.S.C. 5108(g) shall be deposited in the general 25 fund of the 1.-,reasury as offsetting receipts: Provided fur- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-TIIUD.x.ml 79 l ther, That there may be credited to this appropriation, to 2 be available until eA'J)ended, funds received from States, 3 counties, municipalities, other public authorities, and pri4 vate sources for expenses incurred for training, for reports 5 publication and dissemination, and for travel expenses in6 curred in performance of hazardous materials exemptions 7 and approvals functions. 8 PIPELI~E SAFETY 9 (PIPELINE SAFETY FUND) 10 (OIL SPILL LIABILITY TRUST FUND) 11 For expenses necessary to carry out a pipeline safety 12 program, as authorized by 49 U.S.C. 60107, and to dis13 charge the pipeline program responsibilities of the Oil Pol14 lution Act of 1990, $165,000,000, to remain available 15 until September 30, 2021, of which $23,000,000 shall be 16 derived from the Oil Spill Liability Trust Fund; of which 17 $134,000,000 shall be derived from the Pipeline Safety 18 Fund; and of which $8,000,000 shall be derived from fees 19 collected under 49 U.S.C. 60302 and deposited in the Un- 20 derground Natural Gas Storage :B--iacility Safety Account 21 for the purpose of carrying out 49 U.S.C. 60141: Pro22 vided, That not less than $1,058,000 of the funds pro- 23 vided under this heading shall be for the One-Call State 24 grant program. February 9, 2019 (2:15 p.m.) SEN. APPRO. "C:\2019CONF\DiYG-THUD.:s:rnl 80 1 E:;.VIERGENCY PREPAREDNESS GRAi~TS 2 (E::.\IERGENCY PREPAREDKESS FUND) 3 :B'or expenses necessary to carry out the Emergency 4 Preparedness Grants program, not more than 5 $28,318,000 shall remain available until September 30, 6 2021, from amounts made available by 49 U.S.C. 5116(h), 7 and 5128(b) and (c): Provided, That notwithstanding 49 8 U.S.C. 5116(h)( 4), not more than 4 percent of the 9 amounts made available from this account shall be avail10 able to pay administrative costs: Provided further, rrhat 11 not\vithstanding 49 U.S.C. 5128(b) and (c) and the cur12 rent year obligation limitation, prior year recoveries recog13 nized in the current year shall be available to develop a 14 hazardous materials response training curriculum for 15 emergency responders, including response activities for the 16 transportation of crude oil, ethanol and other flammable 17 liquids by rail, consistent with National Fire Protection 18 Association standards, and to make such training avail19 able through an electronic format: Provided further, rrhat 20 the prior year recoveries made available under this head21 ing shall also be available to carry out 49 U.S.C. 22 5116(a)(l)(C) and 5116(i). February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-TI-IUD.xml 81 1 OFFICE OF INSPECTOR GENERAL 2 SALARIES AND EA'PENSES 3 For necessary expenses of the Office of the Inspector 4 General to carry out the provisions of the Inspector Gen- 5 eral Act of 1978, as amended, $92,600,000: Provided, 6 That the Inspector General shall have all necessary au7 thority, in carrying out the duties specified in the Inspec8 tor General Act, as amended (5 U.S.C. App. 3), to inves9 tigate allegations of fraud, including false statements to 10 the government (18 U.S.C. 1001), by any person or entity 11 that is subject to regulation by the Department of rrrans- 12 portation: Provided further, That the funds made available 13 under this heading may be used to investigate, pursuant 14 to section 41712 of title 49, United States Code: (1) un15 fair or deceptive practices and unfair methods of competi16 tion by domestic and foreign air carriers and ticket agents; 17 and (2) the compliance of domestic and foreign air carriers 18 with respect to item (1) of this proviso. 19 GENERAL PROYISIONS-DEPAR'rMENT OF 20 TRANSPOR'rATION 21 SEC. 180. (a) During the current fiscal year, applica- 22 ble appropriations to the Department of Transportation 23 shall be available for maintenance and operation of air24 craft; hire of passenger motor vehicles and aircraft; pur25 chase of liability insurance for motor vehicles operating February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-TIIUD.xml 82 1 in foreign countries on official department business; and 2 uniforms or allowances therefor, as authorized by law (5 3 U.S.C. 5901-5902). 4 (b) During the current fiscal year, applicable appro- 5 priations to the Department and its operating administra6 tions shall be available for the purchase, maintenance, op- 7 eration, and deployment of unmanned aircraft systems 8 that advance the Department's, or its operating adminis- 9 trations', missions. 10 (c) Any unmanned aircraft system purchased or pro- 11 cured by the Department prior to the enactment of this 12 Act shall be deemed authorized. 13 SEC. 181. Appropriations contained in this Act for 14 the Department of Transportation shall be available for 15 services as authorized by 5 U.S.C. 3109, but at rates for 16 individuals not to exceed the per diem rate equivalent to 17 the rate for an Executive Level IV. 18 SEC. 182. (a) No recipient of funds made available 19 in this Act shall disseminate personal information (as de20 fined in 18 U.S.C. 2725(3)) obtained by a State depart21 ment of motor vehicles in connection with a motor vehicle 22 record as defined in 18 U.S.C. 2725(1), except as provided 23 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 24 2721. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THCD.xml SEN. APPRO. 83 1 (b) Notwithstanding subsection (a), the Secretary 2 shall not ,vithhold funds provided in this Act for any 3 grantee if a State is in noncompliance with this provision. 4 SEC. 183. None of the funds in this Act shall be avail- 5 able for salaries and expenses of more than 125 political 6 and Presidential appointees in the Department of Trans- 7 portation: Provided, rrhat none of the personnel covered 8 by this provision may be assigned on temporary detail out- 9 side the Department of Transportation. 10 SEC. 184. Funds received by the Federal Highway 11 Administration and Federal Railroad Administration from 12 States, counties, municipalities, other public authorities, 13 and private sources for expenses incurred for training may 14 be credited respectively to the Federal Highway Adminis15 tration's "Federal-Aid Highways" account and to the Fed16 eral Railroad Administration's "Safety and Operations" 17 account, except for State rail safety inspectors partici18 pating in training pursuant to 49 U.S.C. 20105. 19 SEC. 185. (a) None of the funds provided in this Act 20 to the Department of Transportation may be used to make 21 a loan, loan guarantee, line of credit, or discretionary 22 grant unless the Secretary of Transportation notifies the 23 House and Senate Committees on Appropriations not less 24 than 3 full business days before any project competitively 25 selected to receive any discretionary grant award, letter February 9, 2019 (2:15 p.m.) SEN. APPRO. "C:\2019CONF\DiYG-THCD.xml 84 1 of intent, loan commitment, loan guarantee commitment, 2 line of credit commitment, or full funding grant agreement 3 is announced by the Department or its modal administra4 tions: Provided, That the Secretary gives concurrent noti5 fication to the House and Senate Committees on Appro6 priations for any "quick release" of funds from the emer7 gency relief program: Provided further, That no notifica8 tion shall involve funds that are not available for obliga9 tion. 10 (b) In addition to the notification required in sub- 11 section (a), none of the funds made available in this Act 12 to the Department of Transportation may be used to make 13 a loan, loan guarantee, line of credit, cooperative agree14 ment or discretionary grant unless the Secretary of Trans15 portation provides the House and Senate Committees on 16 Appropriations a comprehensive list of all such loans, loan 17 guarantees, lines of credit, cooperative agTeement or dis18 cretionary grants that will be announced not less the 3 19 full business days before such announcement: Provided, 20 That the requirement to provide a list in this subsection 21 does not apply to any "quick release" of funds from the 22 emergency relief program: Provided further, That no list 23 shall involve funds that are not available for obligation. 24 SEC. 186. Rebates, refunds, incentive payments, 25 minor fees and other funds received by the Department February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xrnl 85 1 of rrransportation from travel management centers, 2 charge card programs, the subleasing of building space, 3 and miscellaneous sources are to be credited to appropria4 tions of the Department of Transportation and allocated 5 to elements of the Department of Transportation using 6 fair and equitable criteria and such funds shall be avail7 able until expended. 8 SEC. 187. Amounts made available in this or any 9 prior Act that the Secretary determines represent nn10 proper payments by the Department of Transportation to 11 a third-party contractor under a financial assistance 12 award, which are recovered pursuant to law, shall be avail13 able14 ( 1) to reimburse the actual expenses incurred 15 by the Department of Transportation in recovering 16 nnproper payments: Provided, That amounts made 17 available m this Act shall be available until ex- 18 pended; and 19 (2) to pay contractors for services provided in 20 recovering improper payments or contractor support 21 in the implementation of the Improper Payments In- 22 formation Act of 2002, as amended by the Improper 23 Payments Elimination and Recovery Act of 2010 24 and Improper Payments Elimination and Recovery 25 Improvement Act of 2012, and Fraud Reduction and February 9, 2019 (2:15 p.m.) SEX APPRO. l::\2019CONF\DiYG-THL'D.xrnl 86 1 Data Analytics Act of 2015: Provided, That amounts 2 111 3 (2)- excess of that required for paragraphs (1) and 4 (A) shall be credited to and merged ·with 5 the appropriation from which the improper pay- 6 ments were made, and shall be available for the 7 purposes and period for which such appropria- 8 tions are available: Provided further, 9 where specific project or accounting information 10 associated with the improper payment or pay- 11 ments is not readily available, the Secretary 12 may credit an appropriate account, which shall 13 be available for the purposes and period associ- 14 ated with the account so credited; or That 15 (B) if no such appropriation remains avail- 16 able, shall be deposited in the Treasury as mis- 17 cellaneous receipts: Provided further, That prior 18 to depositing such recovery in the 'rreasury, the 19 Secretary shall notify the House and Senate 20 Committees on Appropriations of the amount 21 and reasons for such transfer: Provided further, 22 That for purposes of this section, the term "im- 23 proper payments" has the same meaning as 24 that provided in section 2(e)(2) of Public Law 25 111-204. February 9, 2019 (2:15 p.m.) U:\2019COKF\DiYG-THUD.xrnl SEN. APPRO. 87 1 SEC. 188. Notwithstanding any other provis10n of 2 law, if any funds provided in or limited by this Act are 3 subject to a reprogramming action that requires notice to 4 be provided to the House and Senate Committees on Ap- 5 propriations, transmission of said reprogramming notice 6 shall be provided solely to the House and Senate Commit- 7 tees on Appropriations, and said reprogramming action 8 shall be approved or denied solely by the House and Sen- 9 ate Committees on Appropriations: Provided, That the 10 Secretary of Transportation may provide notice to other 11 congressional committees of the action of the House and 12 Senate Committees on Appropriations on such reprogram13 ming but not sooner than 30 days follnwing the date on 14 which the reprogTamming action has been approved or de15 nied by the House and Senate Committees on Appropria16 tions. 17 SEC. 189. Funds appropriated in this Act to the 18 modal administrations may be obligated for the Office of 19 the Secretary for the costs related to assessments or reim20 bursable agreements only when such amounts are for the 21 costs of goods and services that are purchased to provide 22 a direct benefit to the applicable modal administration or 23 administrations. 24 SEC. 190. rrhe Secretary of Transportation is author- 25 ized to carry out a program that establishes uniform February 9, 2019 (2:15 p.m.) SEX APPRO. U:\2019CO~F\DivG-'l'HUD.xml 88 1 standards for developing and supporting agency transit 2 pass and transit benefits authorized under section 7905 3 of title 5, United States Code, including distribution of 4 transit benefits by various paper and electronic media. 5 SEC. 191. The Department of Transportation may 6 use funds provided by this Act, or any other Act, to assist 7 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 8 geographic, economic, or any other hiring preference not 9 otherwise authorized by law, or to amend a rule, regnla10 tion, policy or other measure that forbids a recipient of 11 a }1-,ederal Highway Administration or Federal Transit Ad- 12 ministration grant from imposing such hiring preference 13 on a contract or construction project with which the De14 partment of Transportation is assisting, only if the gTant 15 recipient certifies the following: 16 (1) that except with respect to apprentices or 17 trainees, a pool of readily available but unemployed 18 individuals possessing the knowledge, skill, and abil- 19 ity to perform the work that the contract requires 20 resides in the jurisdiction; 21 (2) that the grant recipient will include appro- 22 priate provisions in its bid document ensuring that 23 the contractor does not displace any of its existing 24 employees in order to satisfy such hiring preference; 25 and February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THCD.)\_'Tnl 89 1 (3) that any increase in the cost of labor, train- 2 mg, or delays resulting from the use of such hiring 3 preference does not delay or displace any transpor- 4 tation project in the applicable Statev1ride Transpor- 5 tation Improvement ProgTam or rrransportation Im- 6 provement Program. 7 rrhis title may be cited as the "Department of Trans- 8 portation Appropriations Act, 2019''. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEK. APPRO. 90 1 rrITLE II 2 DEPARTMENrr OJ11 HOUSING AND URBAN 3 DEVELOPl\/IENT 4 MAKAGEMENT A.~D ADMINISTRA'l'ION 5 EXECUTIVE OFFICES 6 For necessary salaries and expenses for Executive Of- 7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 10 Small and Disadvantaged Business Utilization, and the 11 Center for Faith-Based and Neighborhood Partnerships, 12 $14,900,000, to remain available until September 30, 13 2020: Provided, That not to exceed $25,000 of the amount 14 made available under this heading shall be available to the 15 Secretary for official reception and representation ex- 16 penses as the Secretary may determine. 17 18 ADl\IINISTRATIVl~ SUPPORT OFFICES For necessary salaries and e2'.1)enses for Administra- 19 tive Support Offices, $541,500,000, to remain available 20 until September 30, 2020, of which $70,400,000 shall be 21 available for the Office of the Chief Financial Officer, (and 22 of which $20,000,000, to remain available until September 23 30, 2021, shall be for the financial transformation initia24 tive); $97,800,000 shall be available for the Office of the 25 General Counsel, of which not less than $15,000,000 shall February 9, 2019 (2:15 p.m.) SEN". APPRO. U:\2019CO~F\DivG-THUD.xml 91 1 be for the Departmental Enforcement Center; 2 $206,300,000 shall be available for the Office of Adminis3 tration; $40,400,000 shall be available for the Office of 4 the Chief Human Capital Officer; $54,300,000 shall be 5 available for the Office of Field Policy and Management; 6 $19,100,000 shall be available for the Office of the Chief 7 Procurement Officer; $3,800,000 shall be available for the 8 Office of Departmental Equal Employment Opportunity; 9 $4,700,000 shall be available for the Office of Business 10 Transformation; and $44,700,000 shall be available for 11 the Office of the Chief Information Officer: Provided, That 12 funds provided under this heading may be used for nec13 essmy administrative and non-administrative expenses of 14 the Department of Housing and Urban Development, not 15 otherwise provided for, including purchase of uniforms, or 16 allowances therefor, as authorized by 5 U.S.C. 590117 5902; hire of passenger motor vehicles; and services as au18 thorized by 5 U.S.C. 3109: Provided further, That not19 withstanding any other provision of law, funds appro20 priated under this heading may be used for advertising 21 and promotional activities that directly support progTam 22 activities funded in this title: Provided further, That the 23 Secretary shall provide the House and Senate Committees 24 on Appropriations quarterly written notification regarding 25 the status of pending congressional reports: Provided fur- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xrnl 92 1 ther, That the Secretary shall provide in electronic form 2 all signed reports required by Congress: Provided further, 3 That not more than 10 percent of the funds made avail4 able under this heading for the Office of Chief Financial 5 Officer for the financial transformation initiative may be 6 obligated until the Secretary submits to the House and 7 Senate Committees on Appropriations, for approval, a 8 plan for expenditure that includes the financial and inter9 nal control capabilities to be delivered and the mission 10 benefits to be realized, key milestones to be met, and the 11 relationship between the proposed use of funds made avail- 12 able under this heading and the projected total cost and 13 scope of the initiative. 14 PROGRAM OFFICE SALARIES AND EXPENSES 15 PUBLIC AND INDIAN HOUSING 16 For necessary salaries and expenses of the Office of 17 Public and Indian Housing, $219,800,000, to remain 18 available until September 30, 2020. 19 20 COMlVIUNITY PLANNING AND DE"\'ELOP~IEN'f For necessary salaries and expenses of the Office of 21 Community Planning and Development, $112,344,000, to 22 remain available until September 30, 2020. 23 24 HOUSING For necessary salaries and expenses of the Office of 25 Housing, $382,500,000, to remain available until Sep- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-THUD.xml 93 1 tember 30, 2020, of which not less than $12,000,000 shall 2 be for the Office of Recapitalization. 3 4 POLICY DEVELOPMENT AND RESEARCH For necessary salaries and expenses of the Office of 5 Policy Development and Research, $26,000,000, to re6 main available until September 30, 2020. 7 8 FAIR HOUSING AND EQUAL OPPORTUNITY For necessary salaries and eArpenses of the Office of 9 Fair Housing and Equal Opportunity, $72,900,000, to re- 10 main available until September 30, 2020. 11 OFFICE OF LEAD HAZARD CONTROL A.~D HEALTHY 12 HOMES 13 :B'or necessary salaries and expenses of the Office of 14 Lead Hazard Control and Healthy Homes, $8,600,000, to 15 remain available until September 30, 2020. 16 WORKING CAPITAL FUND 17 (INCLUDING TRA.'-"SFER OF FUNDS) 18 For the working capital fund for the Department of 19 Housing and Urban Development (referred to in this para20 graph as the "Fund"), pursuant, in part, to section 7(f) 21 of the Department of Housing and Urban Development 22 Act (42 U.S. C. 3 5 3 5 (f)), amounts transferred, including 23 reimbursements pursuant to section 7(f), to the :B-,und 24 under this heading shall be available for Federal shared 25 services used by offices and agencies of the Department, February 9, 2019 (2:15 p.m.) SE:-J. APPRO. e:\2019CONF\DiYG-THUD.xrnl 94 1 and for such portion of any office or agency's printing, 2 records management, space renovation, furniture, or sup3 ply services as the Secretary determines shall be derived 4 from centralized sources made available by the Depart- 5 ment to all offices and agencies and funded through the 6 :B..,und: Provided, That of the amounts made available in 7 this title for salaries and expenses under the headings 8 "Executive Offices", "Administrative Support Offices", 9 "Program Office Salaries and EArpenses", and "Govern- 10 ment National l\fortgage Association", the Secretary shall 11 transfer to the Fund such amounts, to remain available 12 until eArpended, as are necessary to fund services, specified 13 in the matter preceding the first proviso, for which the 14 appropriation would otherwise have been available, and 15 may transfer not to exceed an additional $5,000,000, in 16 aggregate, from all such appropriations, to be merged with 17 the Fund and to remain available until expended for any 18 purpose under this heading: Provided further, That 19 amounts in the Fund shall be the only amounts available 20 to each office or agency of the Department for the serv21 ices, or portion of services, specified in the matter pre22 ceding the first proviso: Provided further, That with re23 spect to the Fund, the authorities and conditions under 24 this heading shall supplement the authorities and condi25 tions provided under section 7 (f). February 9, 2019 (2: 15 p.m.) U:\2019COKF\DiYG-THUD.xml SEN. APPRO. 95 1 PUBLIC AND INDIAN HOUSING 2 TENANT-BASED RENTAL ASSISTA_.~CE 3 For activities and assistance for the provision of ten- 4 ant-based rental assistance authorized under the United 5 States Housing Act of 1937, as amended (42 U.S.C. 1437 6 et seq.) ("the Act" herein), not otherwise provided for, 7 $18,598,000,000, to remain available until expended, shall 8 be available on October 1, 2018 (in addition to the 9 $4,000,000,000 previously appropriated under this head- 10 ing that shall be available on October 1, 2018), and 11 $4,000,000,000, to remain available until expended, shall 12 be available on October 1, 2019: Provided, That the 13 amounts made available under this heading are provided 14 as follows: 15 (1) $20,313,000,000 shall be available for re- 16 newals of eAl)iring section 8 tenant-based annual 17 contributions contracts (including renewals of en- 18 hanced vouchers under any provision of law author- 19 izing such assistance under section 8 (t) of the Act) 20 and including renewal of other special purpose incre- 21 mental vouchers: Provided, That notwithstanding 22 any other provision of law, from amounts provided 23 under this paragraph and any carryover, the Sec- 24 retary for the calendar year 2019 funding cycle shall 25 provide renewal funding for each public housing February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-'l'HUD.x:ml SEN. APPRO. 96 1 agency based on validated voucher management sys- 2 tern (VMS) leasing and cost data for the prior cal- 3 endar year and by applying an inflation factor as es- 4 tablished by the Secretary, by notice published in 5 the :F1ederal Register, and by making any necessary 6 adjustments for the costs associated with the first- 7 time renewal of vouchers under this paragraph in- 8 eluding tenant protection and Choice Neighborhoods 9 vouchers: Provided further, That none of the funds 10 provided under this paragraph may be used to fund 11 a total number of unit months under lease which ex- 12 ceeds a public housing agency's authorized level of 13 units under contract, except for public housing agen- 14 cies participating in the l\!I_TW demonstration, which 15 are instead governed by the terms and conditions of 16 their MTW agreements: Provided further, That the 17 Secretary shall, to the extent necessary to stay with- 18 in the amount specified under this paragraph (cx- 19 cept as otherwise modified under this paragraph), 20 prorate each public housing agency's allocation oth- 21 erwise established pursuant to this paragraph: Pro- 22 vided further, That except as provided in the fol- 23 lowing provisos, the entire amount specified under 24 this paragraph (except as otherwise modified under 25 this paragraph) shall be obligated to the public hous- February 9, 2019 (2:15 p.m.) U:\2019CONF\Di-vG-THUD.xml SEN. APPRO. 97 1 mg agencies based on the allocation and pro rata 2 method described above, and the Secretary shall no- 3 tify public housing agencies of their annual budget 4 by the latter of 60 days after enactment of this Act 5 or March 1, 2019: Provided further, That the Sec- 6 retary may eA'tend the notification period with the 7 prior written approval of the House and Senate 8 Committees on Appropriations: Provided further, 9 rrhat public housing agencies participating in the 10 MTW demonstration shall be funded pursuant to 11 their lvIT\\T agreements and shall be subject to the 12 same pro rata adjustments under the previous pro- 13 visos: Provided further, That the Secretary may off- 14 set public housing agencies' calendar year 2019 allo- 15 cations based on the excess amounts of public hous- 16 ing agencies' net restricted assets accounts, includ- 17 ing HUD-held programmatic reserves (in accordance 18 ,vith VlvIS data in calendar year 2018 that is 19 verifiable and complete), as determined by the Sec- 20 retary: Provided further, That public housing agen- 21 cies participating in the MTW demonstration shall 22 also be subject to the offset, as determined by the 23 Secretmy, excluding amounts subject to the single 24 fund budget authority provisions of their lVIT"\V 25 agreements, from the agencies' calendar year 2019 February 9, 2019 (2:15 p.m.) S:B~K. APPRO. l:":\2019CONF\DiYG-'l'Hl:"D.xml 98 1 1111,¥ funding allocation: Provided further, That the 2 Secretary shall use any offset referred to in the pre- 3 vious two provisos throughout the calendar year to 4 prevent the termination of rental assistance for fam- 5 ilies as the result of insufficient funding, as deter- 6 mined by the Secretary, and to avoid or reduce the 7 proration of renewal funding allocations: Provided 8 further, That up to $100,000,000 shall be available 9 only: (1) for adjustments in the allocations for public 10 housing agencies, after application for an adjust- 11 ment by a public housing agency that e2s..1Jerienced a 12 significant increase, as determined by the Secretary, 13 in renewal costs of vouchers resulting from unfore- 14 seen circumstances or from portability under section 15 8(r) of the Act; (2) for vouchers that were not in use 16 during the previous 12-month period in order to be 17 available to meet a commitment pursuant to section 18 8(0)(13) of the Act; (3) for adjustments for costs as- 19 sociated with HUD-Veterans Affairs Supportive 20 Housing (HUD-VASH) vouchers; and (4) for public 21 housing agencies that despite taking reasonable cost 22 savings measures, as determined by the Secretary, 23 would otherwise be required to terminate rental as- 24 sistance for families as a result of insufficient fund- 25 ing: Provided further, rrhat the Secretary shall allo- February 9, 2019 (2:15 p.m.) SEN. APPRO. l:":\2019CONF\DiYG-'l'HUD.xml 99 1 cate amounts under the prev10us proviso based on 2 need, as determined by the Secretary; 3 (2) $85,000,000 shall be for section 8 rental as- 4 sistance for relocation and replacement of housing 5 units that are demolished or disposed of pursuant to 6 section 18 of the Act, conversion of section 23 7 projects to assistance under section 8, the family 8 unification progTam under section 8(x) of the Act, 9 relocation of witnesses in connection with efforts to 10 combat crime in public and assisted housing pursu- 11 ant to a request from a law enforcement or prosecu- 12 tion agency, enhanced vouchers under any provision 13 of law authorizing such assistance under section 8(t) 14 of the Act, Choice Neighborhood vouchers, manda- 15 tory and voluntary conversions, and tenant protec- 16 tion assistance including replacement and relocation 17 assistance or for project-based assistance to prevent 18 the displacement of unassisted elderly tenants cur- 19 rently residing in section 202 properties financed be- 20 tween 1959 and 197 4 that are refinanced pursuant 21 to Public Law 106-569, as amended, or under the 22 authority as provided under this Act: Provided, That 23 when a public housing development is submitted for 24 demolition or disposition under section 18 of the 25 Act, the Secretary may provide section 8 rental as- February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 100 1 sistance when the units pose an imminent health 2 and safety risk to residents: Provided further, 'l1hat 3 the Secretary may only provide replacement vouch- 4 ers for units that were occupied within the previous 5 24 months that cease to be available as assisted 6 housing, subject only to the availability of funds: 7 Provided further, rrhat of the amounts made avail- 8 able under this paragraph, $5,000,000 may be avail- 9 able to provide tenant protection assistance, not oth- 10 erwise provided under this paragraph, to residents 11 residing in low vacancy areas and who may have to 12 pay rents greater than 30 percent of household in- 13 come, as the result of: (A) the maturity of a HUD- 14 insured, HUD-held or section 202 loan that requires 15 the permission of the Secretary prior to loan prepay- 16 ment; (B) the expiration of a rental assistance con- 17 tract for which the tenants are not eligible for en- 18 hanced voucher or tenant protection assistance 19 under existing law; or (C) the expiration of afford- 20 ability restrictions accompanying a mortgage or 21 preservation program administered by the Secretary: 22 Provided further, That such tenant protection assist- 23 ance made available under the previous proviso may 24 be provided under the authority of section 8(t) or 25 section 8(0)(13) of the United States Housing Act February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.x:ml 101 1 of 1937 (42 U.S.C. 1437f(t)): Provided further, That 2 the Secretary shall issue guidance to implement the 3 previous provisos, including, but not limited to, re- 4 quirements for defining eligible at-risk households 5 ·within 60 days of the enactment of this Act: Pro- 6 vided further, That any tenant protection voucher 7 made available from amounts under this paragraph 8 shall not be reissued by any public housing agency, 9 except the replacement vouchers as defined by the 10 Secretary by notice, when the initial family that re- 11 ceived any such voucher no longer receives such 12 voucher, and the authority for any public housing 13 agency to issue any such voucher shall cease to exist: 14 Provided further, That the Secretary may provide 15 section 8 rental assistance from amounts made 16 available under this paragraph for units assisted 17 under a project-based subsidy contract funded under 18 the 19 under this title where the owner has received a No- 20 tice of Default and the units pose an imminent 21 health and safety risk to residents: Provided further, 22 That to the extent that the Secretary determines 23 that such units are not feasible for continued rental 24 assistance payments or transfer of the subsidy con- 25 tract associated ·with such units to another project February 9, 2019 (2:15 p.m.) "Project-Based Rental Assistance" heading SEN. APPRO. U:\2019CO>fF\DiYG-THUD.x:ml 102 1 or projects and owner or owners, any remammg 2 amounts associated with such units under such con- 3 tract shall be recaptured and used to reimburse 4 amounts used under this paragraph for rental assist- 5 ance under the preceding proviso; 6 (3) $1,886,000,000 shall be for administrative 7 and other expenses of public housing agencies in ad- 8 ministering the section 8 tenant-based rental assist- 9 ance progTam, of which up to $30,000,000 shall be 10 available to the Secretary to allocate to public hous- 11 ing agencies that need additional funds to admin- 12 ister their section 8 programs, including fees associ- 13 ated with section 8 tenant protection rental assist- 14 ance, the administration of disaster related vouchers, 15 HUD-VASH vouchers, and other special purpose in- 16 cremental vouchers: Provided, rrhat no less than 17 $1,856,000,000 of the amount provided in this para- 18 gTaph shall be allocated to public housing agencies 19 for the calendar year 2019 funding cycle based on 20 section S(q) of the Act (and related Appropriation 21 Act provisions) as in effect immediately before the 22 enactment of the Quality Housing and Work Re- 23 sponsibility Act of 1998 (Public Law 105-276): Pro- 24 vided further, That if the amounts made available 25 under this paragraph are insufficient to pay the February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-'l'HUD.xml 103 1 amounts determined under the previous proviso, the 2 Secretary may decrease the amounts allocated to 3 agencies by a uniform percentage applicable to all 4 agencies receiving funding under this paragraph or 5 may, to the extent necessary to provide full payment 6 of amounts determined under the previous proviso, 7 utilize unobligated balances, including recaptures 8 and carryovers, remaining from funds appropriated 9 to the Department of Housing and Urban Develop- 10 ment under this heading from prior fiscal years, ex- 11 eluding special purpose vouchers, notwithstanding 12 the purposes for which such amounts were appro- 13 priated: Provided further, That all public housing 14 agencies participating in the 1\/IT\V demonstration 15 shall be funded pursuant to their lHTW agreements, 16 and shall be subject to the same uniform percentage 17 decrease as under the previous proviso: Provided fur- l8 ther, That amounts provided under this paragTaph 19 shall be only for activities related to the provision of 20 tenant-based rental assistance authorized under sec- 21 tion 8, including related development activities; 22 (4) $225,000,000 for the renewal of tenant- 23 based assistance contracts under section 811 of the 24 Cranston-Gonzalez National Affordable Housing Act 25 (42 U.S.C. 8013), including necessary administra- February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CONF\DivG-THUD.xml 104 1 tivc eAl)enscs: Provided, rrhat administrative and 2 other eAl)enses of public housing agencies in admin- 3 istering the special purpose vouchers in this para- 4 graph shall be funded under the same terms and be 5 subject to the same pro rata reduction as the per- 6 cent decrease for administrative and other expenses 7 to public housing agencies under paragraph ( 3) of 8 this heading: Provided further, That any amounts 9 provided under this paragraph in this Act or prior 10 Acts, remaining available after funding renewals and 11 administrative expenses under this paragraph, shall 12 be available only for incremental tenant-based rental 13 assistance contracts under such section 811 for non- 14 elderly persons with disabilities, including necessary 15 administrative expenses: Provided further, That upon 16 turnover, section 811 special purpose vouchers fund- 17 ed under this heading in this or prior Acts, or under 18 any other heading in prior Acts, shall be provided to 19 non-elderly persons with disabilities; 20 (5) $4,000,000 shall be for rental assistance 21 and associated administrative fees for Tribal HUD- 22 VASH to serve Native .American veterans that are 23 homeless or at-risk of homelessness living on or near 24 a reservation or other Indian areas: Provided, That 25 such amount shall be made available for renewal February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 105 1 grants to recipients that received assistance under 2 prior Acts under the Tribal HUD-VASH program: 3 Provided further, rrhat the Secretary shall be author- 4 ized to specify criteria for renewal grants, including 5 data on the utilization of assistance reported by 6 gTant recipients: Provided further, That such assist- 7 ance shall be administered in accordance with pro- 8 gram requirements under the Native American 9 Housing Assistance and Self-Determination Act of 10 19 9 6 and modeled after the HUD-VASH program: 11 Provided further, rrhat the Secretary shall be author- 12 ized to waive, or specify alternative requirements for 13 any provision of any statute or regulation that the 14 Secretary administers in connection with the use of 15 funds made available under this paragraph (except 16 for requirements related to fair housing, non- 17 discrimination, labor standards, and the environ- 18 ment), upon a finding by the Secretary that any 19 such waivers or alternative requirements are nec- 20 essary for the effective delivery and administration 21 of such assistance: Provided further, That grant re- 22 cipients shall report to the Secretary on utilization 23 of such rental assistance and other program data, as 24 prescribed by the Secretary: Provided further, That 25 the Secretary may reallocate, as determined by the February 9, 2019 (2:15 p.m.) SEN. APPRO. l~:\2019CONF\DiYG-THUD.xml 106 1 Secretary, amounts returned or recaptured from 2 awards under prior acts; 3 ( 6) $40,000,000 for incremental rental voucher 4 assistance for use through a supported housing pro- 5 gTam administered in conjunction with the Depart- 6 ment of Veterans Affairs as authorized under section 7 8(0)(19) of the United States Housing Act of 1937: 8 Provided, That the Secretary of Housing and Urban 9 Development shall make such funding available, not- 10 'Withstanding section 203 (competition provision) of 11 this title, to public housing agencies that partner 12 with eligible VA l\fodical Centers or other entities as 13 designated by the Secretary of the Department of 14 Veterans Affairs, based on geographical need for 15 such assistance as identified by the Secretary of the 16 Department of Veterans Affairs, public housing 17 agency administrative performance, and other fac- 18 tors as specified by the Secretary of Housing and 19 Urban Development in consultation 'With the Sec- 20 retary of the Department of Veterans Affairs: Pro- 21 vided further, That the Secretary of Housing and 22 Urban Development may waive, or specify alter- 23 native requirements for (in consultation with the 24 Secretary of the Department of Veterans Affairs), 25 any provision of any statute or regulation that the February 9, 2019 (2:15 p.m.) SEN. APPRO. r:\2019CONF\DiYG-'l'HUD.xrnl 107 1 Secretary of Housing and Urban Development ad- 2 ministers in connection ·with the use of funds made 3 available under this paragraph (except for require- 4 ments related to fair housing, nondiscrimination, 5 labor standards, and the environment), upon a find- 6 ing by the Secretary that any such waivers or alter- 7 native requirements are necessary for the effective 8 delivery and administration of such voucher assist- 9 ance: Provided further, That assistance made avail- 10 able under this paragraph shall continue to remain 11 available for homeless veterans upon turn-over; 12 (7) $20,000,000 shall be made available for 13 new incremental voucher assistance through the 14 family unification program as authorized by section 15 8(x) of the Act: Provided, That the assistance made 16 available under this paragraph shall continue to re- 17 main available for family unification upon turnover: 18 Provided further, That for any public housing agency 19 administering voucher assistance appropriated in a 20 prior Act under the family unification program that 21 determines that it no longer has an identified need 22 for such assistance upon turnover, such agency shall 23 notify the Secretary, and the Secretary shall recap- 24 ture such assistance from the agency and reallocate 25 it to any other public housing agency or agencies February 9, 2019 (2:15 p.m.) U:\2019CO~.F'\DiYG-'l'HUD.xrnl SEN. APPRO. 108 1 based on need for voucher assistance 2 with such program; 111 connection 3 (8) $25,000,000 shall be made available for the 4 mobility demonstration authorized under section 235 5 of this title, of which up to $5,000,000 shall be for 6 new incremental voucher assistance and the remain- 7 der of which shall be available to provide mobility- 8 related services to families ·with children, including 9 pre- and post-move counseling and rent deposits, 10 and to offset the administrative costs of operating 11 the mobility demonstration: Provided, That incre- 12 mental voucher assistance made available under this 13 paragTaph shall be for families with children partici- 14 pating in the mobility demonstration and shall con- 15 tinue to remain available for families with children 16 upon turnover: Provided further, That for any public 17 housing agency administering voucher assistance 18 under the mobility demonstration that determines 19 that it no longer has an identified need for such as- 20 sistance upon turnover, such agency shall notify the 21 Secretary, and the Secretary shall recapture such as- 22 sistance from the agency and reallocate it to any 23 other public housing agency or agencies based on 24 need for voucher assistance in connection with such 25 demonstration; and February 9, 2019 (2:15 p.m.) SEK APPRO. U:\2019CON1''\DiYG-THl:D.xml 109 1 ( 9) the Secretary shall separately track all spe- 2 cial purpose vouchers funded under this heading. 3 HOUSING CERTIFICATE FUND 4 (INCLUDING RESCISSIONS) 5 U nobligated balances, including recaptures and car- 6 ryover, remaining from funds appropriated to the Depart7 ment of Housing and Urban Development under this 8 heading, the heading "Annual Contributions for Assisted 9 Housing" and the heading "Project-Based Rental Assist10 ance", for fiscal year 2019 and prior years may be used 11 for renewal of or amendments to section 8 project-based 12 contracts and for performance-based contract administra13 tors, notwithstanding the purposes for which such funds 14 were appropriated: Provided, That any obligated balances 15 of contract authority from fiscal year 197 4 and prior that 16 have been terminated shall be rescinded: Provided further, 17 That amounts heretofore recaptured, or recaptured during 18 the current fiscal year, from section 8 project-based con19 tracts from source years fiscal year 1975 through fiscal 20 year 1987 are hereby rescinded, and an amount of addi- 21 tional new budget authority, equivalent to the amount re22 scinded is hereby appropriated, to remain available until 23 expended, for the purposes set forth under this heading, 24 in addition to amounts otherwise available. February 9, 2019 (2:15 p.m.) SEN. _.APPRO. U:\2019CONF\DiYG-THUD.xrnl 110 1 2 PUBLIC HOUSING CAPITAL FUND For the Public Housing Capital Fund Program to 3 carry out capital and management activities for public 4 housing agencies, as authorized under section 9 of the 5 United States Housing Act of 1937 (42 U.S.C. 1437g) 6 (the "Act") $2,775,000,000, to remain available until 7 September 30, 2022: Provided, That notwithstanding any 8 other provision of law or regulation, during fiscal year 9 2019, the Secretary of Housing and Urban Development 10 may not delegate to any Department official other than 11 the Deputy Secretary and the Assistant Secretary for 12 Public and Indian Housing any authority under paragraph 13 (2) of section 9(j) regarding the extension of the time peri14 ods under such section: Provided further, That for pur15 poses of such section 9(j), the term "obligate" means, with 16 respect to amounts, that the amounts are subject to a 17 binding agreement that will result in outlays, immediately 18 or in the future: Provided further, That of the total 19 amount made available under this heading, up to 20 $14,000,000 shall be to support ongoing public housing 21 financial and physical assessment activities: Provided fur22 ther, rrhat of the total amount made available under this 23 heading, up to $1,000,000 shall be to support the costs 24 of administrative and judicial receiverships: Provided fur25 ther, rrhat of the total amount provided under this head- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-'l'HUD.x:ml 111 1 ing, not to exceed $30,000,000 shall be available for the 2 Secretary to make gTants, notwithstanding section 203 of 3 this Act, to public housing agencies for emergency capital 4 needs including safety and security measures necessary to 5 address crime and drug-related activity as well as needs 6 resulting from unforeseen or unpreventable emergencies 7 and natural disasters excluding Presidentially declared 8 emergencies and natural disasters under the Robert T. 9 Stafford Disaster Relief and Emergency Act (42 U.S.C. 10 5121 et seq.) occurring in fiscal year 2019: Provided furl l ther, 'J.1hat of the amount made available under the pre- 12 vious proviso, not less than $10,000,000 shall be for safety 13 and security measures: Provided further, That in addition 14 to the amount in the previous proviso for such safety and 15 security measures, any amounts that remain available, 16 after all applications received on or before September 30, 17 2020, for emergency capital needs have been processed, 18 shall be allocated to public housing agencies for such safe19 ty and security measures: Provided further, That of the 20 total amount provided under this heading, up to 21 $35,000,000 shall be for supportive services, service coor22 dinators and congregate services as authorized by section 23 34 of the Act (42 U.S.C. 1437z-6) and the Native Amer24 ican Housing· Assistance and Self-Determination Act of 25 1996 (25 U.S.C. 4101 et seq.): Provided further, That of February 9, 2019 (2: 15 p.m.) SEN. APPRO. "C:\2019COKF\DiYG-THUD.xml 112 1 the total amount made available under this heading, 2 $15,000,000 shall be for a Jobs-Plus initiative modeled 3 after the Jobs-Plus demonstration: Provided further, That 4 funding provided under the previous proviso shall be avail- 5 able for competitive grants to partnerships between public 6 housing authorities, local workforce investment boards es7 tablished under section 107 of the Workforce Innovation 8 and Opportunity Act of 2014 (29 U.S.C. 3122), and other 9 agencies and organizations that provide support to help 10 public housing residents obtain employment and increase 11 earnings: Provided further, That applicants must dem12 onstrate the ability to provide services to residents, part- 13 ner with workforce investment boards, and leverage service 14 dollars: Provided further, That the Secretary may allow 15 public housing agencies to request exemptions from rent 16 and income limitation requirements under sections 3 and 17 6 of the United States Housing Act of 1937 ( 42 U.S.C. 18 1437a and 1437d), as necessary to implement the Jobs19 Plus program, on such terms and conditions as the Sec20 retary may approve upon a finding by the Secretary that 21 any such waivers or alternative requirements are nec22 essary for the effective implementation of the Jobs-Plus 23 initiative as a voluntary program for residents: Provided 24 further, rrhat the Secretary shall publish by notice in the 25 Federal Register any waivers or alternative requirements February 9, 2019 (2:15 p.m.) SEN. APPRO. l;:\2019CON:F'\DiYG-THUD.xml 113 1 pursuant to the preceding proviso no later than 10 days 2 before the effective date of such notice: Provided further, 3 rrhat for funds provided under this heading, the limitation 4 in section 9(g)(l) of the Act shall be 25 percent: Provided 5 further, 1-111at the Secretary may waive the limitation in 6 the previous proviso to allow public housing agencies to 7 fund activities authorized under section 9(e)(l)(C) of the 8 Act: Provided further, That the Secretary shall notify pub9 lie housing agencies requesting waivers under the previous 10 proviso if the request is approved or denied within 14 days 11 of submitting the request: Provided further, That from the 12 funds made available under this heading, the Secretmy 13 shall provide bonus awards in fiscal year 2019 to public 14 housing agencies that are designated high performers: 15 Provided further, rrhat the Department shall notify public 16 housing agencies of their formula allocation within 60 17 days of enactment of this Act: Provided further, That of 18 the total amount provided under this heading, 19 $25,000,000 shall be available for competitive grants to 20 public housing agencies to evaluate and reduce lead-based 21 paint hazards in public housing by carrying out the activi22 ties of risk assessments, abatement, and interim controls 23 (as those terms are defined in section 1004 of the Residen24 tial Lead-Based Paint Hazard Reduction Act of 1992 (42 25 U.S.C. 4851b)): Provided further, That for purposes of en- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DivG-rrHT:D.xml 114 1 vironmental review, a grant under the previous proviso 2 shall be considered funds for projects or activities under 3 title I of the United States Housing Act of 1937 (42 4 U.S.C. 1437 et seq.) for purposes of section 26 of such 5 Act (42 U.S.C. 1437x) and shall be subject to the regula6 tions implementing such section. 7 8 PUBLIC HOUSING OPERATING FUND For 2019 payments to public housing agencies for the 9 operation and management of public housing, as author- 10 ized by section 9(e) of the United States Housing Act of 11 1937 (42 U.S.C. 1437g(e)), $4,653,116,000, to remain 12 available until September 30, 2020. 13 14 CHOICE XEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighbor- 15 hoods Initiative (subject to section 24 of the United States 16 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 17 specified under this heading), for transformation, rehabili18 tation, and replacement housing needs of both public and 19 HUD-assisted housing and to transform neighborhoods of 20 poverty into functioning, sustainable mixed income neigh- 21 borhoods with appropriate services, schools, public assets, 22 transportation and access to jobs, $150,000,000, to re23 main available until September 30, 2021: Provided, rrhat 24 grant funds may be used for resident and community serv25 ices, community development, and affordable housing February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019COKF\DiYG-'rHUD.xrnl 115 1 needs in the community, and for conversion of vacant or 2 foreclosed properties to affordable housing: Provided fur3 ther, rrhat the use of funds made available under this 4 heading shall not be deemed to be public housing notwith- 5 standing section 3 (b) ( 1) of such Act: Provided further, 6 That grantees shall commit to an additional period of af7 fordability determined by the Secretary of not fewer than 8 20 years: Provided further, That grantees shall provide a 9 match in State, local, other Federal or private funds: Pro10 vided further, That grantees may include local govern- 11 ments, tribal entities, public housing authorities, and non12 profits: Provided further, That for-profit developers may 13 apply jointly with a public entity: Provided further, 'I1hat 14 for purposes of environmental review, a grantee shall be 15 treated as a public housing agency under section 26 of 16 the United States Housing· Act of 1937 ( 42 U.S.C. 17 1437x), and grants under this heading shall be subject 18 to the regulations issued by the Secretary to implement 19 such section: Provided further, That of the amount pro20 vided, not less than $75,000,000 shall be awarded to pub- 21 lie housing agencies: Provided further, That such grantees 22 shall create partnerships with other local organizations in23 eluding assisted housing owners, service agencies, and 24 resident organizations: Provided further, That the Sec25 retary shall consult ,vith the Secretaries of Education, February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019CO~F\Di,D-THUD.x:ml 116 1 Labor, Transportation, Health and Human Services, Agri- 2 culture, and Commerce, the Attorney General, and the Ad3 ministrator of the Environmental Protection Agency to co4 ordinate and leverage other appropriate Federal resources: 5 Provided further, rrhat no more than $5,000,000 of funds 6 made available under this heading may be provided as 7 grants to undertake comprehensive local planning with 8 input from residents and the community: Provided further, 9 That unobligated balances, including recaptures, remain- 10 ing from funds appropriated under the heading "Revital11 ization of Severely Distressed Public Housing (HOPE 12 VI)" in fiscal year 2011 and prior fiscal years may be used 13 for purposes under this heading, notwithstanding the pur14 poses for which such amounts were appropriated: Provided 15 further, That the Secretary shall issue the Notice of Fund16 ing Availability for funds made available under this head17 ing no later than 60 days after enactment of this Act: Pro- 18 vided further, rrhat the Secretary shall make gTant awards 19 no later than one year from the date of enactment of this 20 Act in such amounts that the Secretary determines: Pro- 21 vided further, rrhat notwithstanding section 24(0) of the 22 United States Housing Act of 1937 (42 U.S.C. 1437v(o)), 23 the Secretary may, until September 30, 2019, obligate any 24 available unobligated balances made available under this 25 heading in this, or any prior Act. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\Di,-O-THUD.xml 117 1 2 FAMILY SELF-SUFFICIENCY For the :B.,amily Self-Sufficiency program to support 3 family self-sufficiency coordinators under section 23 of the 4 United States Housing Act of 1937, to promote the devel- 5 opment of local strategies to coordinate the use of assist6 ance under sections 8( o) and 9 of such Act with public 7 and private resources, and enable eligible families to 8 achieve economic independence and self-sufficiency, 9 $80,000,000, to remain available until September 30, 10 2020: Provided, That the Secretary may, by Federal Reg11 ister notice, waive or specify alternative requirements 12 under subsections b(3), b(4), b(5), or c(l) of section 23 13 of such Act in order to facilitate the operation of a unified 14 self-sufficiency program for individuals receiving assist- 15 ance under different provisions of the Act, as determined 16 by the Secretary: Provided further, That owners of a pri17 vately owned multifamily property with a section 8 con18 tract may voluntarily make a Family Self-Sufficiency pro19 gram available to the assisted tenants of such property 20 in accordance with procedures established by the Sec21 retary: Provided further, That such procedures established 22 pursuant to the previous proviso shall permit participating 23 tenants to accrue escrow funds in accordance with section 24 23(d)(2) and shall allow mvners to use funding from resid- February 9, 2019 (2:15 p.m.) SEN. APPRO. -C:\2019CONF\DiYG-THUD.xml 118 1 ual receipt accounts to hire coordinators for their own 2 Family Self-Sufficiency program. 3 XATIVE AJVIERICAN HOUSING BLOCK GR.A."'\l"TS . 4 (INCLUDING TRANSFER OF FUNDS) 5 ]~or the K ative American Housing Block Grants pro- 6 gram, as authorized under title I of the Native American 7 Housing Assistance and Self-Determination Act of 1996 8 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 9 remain available until September 30, 2023: Provided, 10 That, notwithstanding NAHASDA, to determine the 11 amount of the allocation under title I of such Act for each 12 Indian tribe, the Secretary shall apply the formula under 13 section 302 of such Act with the need component based 14 on single-race census data and with the need component 15 based on multi-race census data, and the amount of the 16 allocation for each Indian tribe shall be the greater of the 17 two resulting allocation amounts: Provided further, That 18 of the amounts made available under this heading, 19 $7,000,000 shall be for providing training and technical 20 assistance to Indian housing authorities and tribally des21 ignated housing entities, to support the inspection of In22 dian housing units, contract expertise, and for training 23 and technical assistance related to funding provided under 24 this heading and other headings under this Act for the 25 needs of Native American families and Indian country: February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF'\DiYG-THUD.xrnl 119 1 Provided further, That of the funds made available under 2 the previous proviso, not less than $2,000,000 shall be 3 made available for a national organization as authorized 4 under section 703 of NAHASDA (25 U.S.C. 4212): Pro5 vided further, That amounts made available under the pre6 vious two provisos may be used, contracted, or competed 7 as determined by the Secretary: Provided further, r.rhat of 8 the amount provided under this heading, $2,000,000 shall 9 be made available for the cost of guaranteed notes and 10 other obligations, as authorized by title VI of NAHASDA: 11 Provided further, That such costs, including the costs of 12 modifying such notes and other obligations, shall be as de13 fined in section 502 of the Congressional Budget Act of 14 197 4, as amended: Provided further, r.rhat these funds are 15 available to subsidize the total principal amount of any 16 notes and other obligations, any part of which is to be 17 guaranteed, not to exceed $17,761,989: Provided further, 18 r.rhat the Department will notify grantees of their formula 19 allocation within 60 days of the date of enactment of this 20 Act: Provided further, rl'hat for an additional amount for 21 the Native American Housing Block Grants program, as 22 authorized under title I of NAHASDA, $100,000,000 to 23 remain available until September 30, 2023: Provided fur24 ther, That the Secretary shall obligate this additional 25 amount for competitive grants to eligible recipients au- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-THUD.>-.-ml 120 1 thorized under NAHASDA that apply for funds: Provided 2 further, That in awarding this additional amount, the Sec3 retary shall consider need and administrative capacity, 4 and shall give priority to projects that will spur construc- 5 tion and rehabilitation: Provided further, rrhat up to 1 per6 cent of this additional amount may be transferred, in ag- 7 gregate, to "Program Office Salaries and E2qJenses-Pub8 lie and Indian Housing'' for necessary costs of admin- 9 istering and overseeing the obligation and e2'.'J)enditure of 10 this additional amount: Provided further, rrhat any funds 11 transferred pursuant to the previous proviso shall remain 12 available until September 30, 2024. 13 INDIA.~ HOUSING LOAN GUARAi~TEE FUND PROGRAM 14 ACCOUNT 15 For the cost of guaranteed loans, as authorized by 16 section 184 of the Housing and Community Development 17 Act of 1992 (12 U.S.C. 1715z-13a), $1,440,000, to re18 main available until expended: Provided, That such costs, 19 including the costs of modifying such loans, shall be as 20 defined in section 502 of the Congressional Budget Act 21 of 197 4: Provided further, rrhat these funds are available 22 to subsidize total loan principal, any part of which is to 23 be guaranteed, up to $553,846,154, to remain available 24 until expended: Provided further, That up to $750,000 of 25 this amount may be for administrative contract expenses February 9, 2019 (2:15 p.m.) U:\2019CONF\DivG-THUD.x:ml SEN. APPRO. 121 1 including management processes and systems to carry out 2 the loan guarantee program. 3 4 NATIVE HAWAILlli HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant pro- 5 gram, as authorized under title VIII of the Native Amer6 ican Housing Assistance and Self-Determination Act of 7 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to remain 8 available until September 30, 2023: Provided, That not9 withstanding section 812(b) of such Act, the Department 10 of Hawaiian Horne Lands may not invest grant amounts 11 provided under this heading in investment securities and 12 other obligations: Provided further, That amounts made 13 available under this heading in this and prior fiscal years 14 may be used to provide rental assistance to eligible Native 15 Hawaiian families both on and off the Hawaiian Home 16 Lands, notwithstanding any other provision of law. 17 COl\IlVIUNITY PLANNING AND DEVELOPMENT 18 HOUSING OPPORTUNITIES FOR PERSONS vVITH .AIDS 19 For carrying out the Housing Opportunities for Per- 20 sons ·with AIDS program, as authorized by the AIDS 21 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 22 $393,000,000, to remain available until September 30, 23 2020, except that amounts allocated pursuant to section 24 854(c)(5) of such Act shall remain available until Sep25 tember 30, 2021: Provided, That the Secretary shall renew February 9, 2019 (2:15 p.m.) SEK. APPRO. -C:\2019CONF\DiYG-THUD.x:ml 122 1 all eA1nrmg contracts for permanent supportive housing 2 that initially were funded under section 854(c)(5) of such 3 Act from funds made available under this heading in fiscal 4 year 2010 and prior fiscal years that meet all program 5 requirements before awarding funds for new contracts 6 under such section: Provided further, That the Depart- 7 ment shall notify grantees of their formula allocation with8 in 60 days of enactment of this Act. 9 10 COMMUNITY DEVELOPMENT FUND For assistance to units of State and local govern- 11 ment, and to other entities, for economic and community 12 development activities, and for other purposes, 13 $3,365,000,000, to remain available until September 30, 14 2021, unless otherwise specified: Provided, That of the 15 total amount provided, $3,300,000,000 is for carrying out 16 the community development block gTant program under 17 title I of the Housing and Community Development Act 18 of 1974, as amended ("the Act" herein) (42 U.S.C. 5301 19 et seq.): Provided further, That unless explicitly provided 20 for under this heading, not to exceed 20 percent of any 21 gTant made with funds appropriated under this heading 22 shall be expended for planning and management develop23 ment and administration: Provided further, That a metro24 politan city, urban county, unit of general local govern25 ment, Indian tribe, or insular area that directly or indi- February 9, 2019 (2:15 p.m.) U :\2019CONF\DiYG-THUD.xml SE~. APPRO. 123 1 rectly receives funds under this heading may not sell, 2 trade, or otherwise transfer all or any portion of such 3 funds to another such entity in exchange for any other 4 funds, credits or non-Federal considerations, but must use 5 such funds for activities eligible under title I of the Act: 6 Provided further, rrhat notwithstanding section 105(e)(l) 7 of the Act, no funds provided under this heading may be 8 provided to a for-profit entity for an economic develop9 ment project under section 105(a)(l 7) unless such project 10 has been evaluated and selected in accordance with guide11 lines required under subsection (e)(2): Provided further, 12 That the Department shall notify grantees of their for13 mula allocation within 60 days of enactment of this Act: 14 Provided further, That of the total amount provided under 15 this heading, $65,000,000 shall be for gTants to Indian 16 tribes notwithstanding section 106(a)(l) of such Act, of 17 which, notwithstanding any other provision of law (includ18 ing section 203 of this Act), up to $4,000,000 may be 19 used for emergencies that constitute imminent threats to 20 health and safety. 21 COMMUNITY DE"'VELOP1VIENT LOAN GUARANTEES 22 PROGRAM ACCOUNT 23 Subject to section 502 of the Congressional Budget 24 Act of 197 4, during fiscal year 2019, commitments to 25 guarantee loans under section 108 of the Housing and February 9, 2019 (2:15 p.m.) SEN. APPRO. ~:\2019CONF\DivG-THCD.x:ml 124 1 Community Development Act of 197 4 ( 42 U.S.C. 5308), 2 any part of which is guaranteed, shall not exceed a total 3 principal amount of $300,000,000, notwithstanding any 4 aggregate limitation on outstanding obligations guaran5 teed in subsection (k) of such section 108: Provided, rrhat 6 the Secretary shall collect fees from borrowers, notwith7 standing subsection (m) of such section 108, to result in 8 a credit subsidy cost of zero for guaranteeing such loans, 9 and any such fees shall be collected in accordance with 10 section 502(7) of the CongTessional Budget .Act of 1974. 11 12 HOME Il\v7EST1VIENT PARTNERSHIPS PROGRAM For the HOlVIE Investment Partnerships program, as 13 authorized under title II of the Cranston-Gonzalez Na14 tional .Affordable Housing Act, as amended, 15 $1,250,000,000, to remain available until September 30, 16 2022: Provided, rrhat notwithstanding the amount made 17 available under this heading, the threshold reduction re18 quirements in sections 216 (10) and 21 7 (b) (4) of such Act 19 shall not apply to allocations of such amount: Provided 20 further, That the Department shall notify grantees of their 21 formula allocation ·within 60 days of enactment of this Act. 22 SELF-HELP AND ASSISTED HOMEOWNERSHIP 23 OPPORTUNITY PROGRAM 24 For the Self-Help and .Assisted Homeownership Op- 25 portunity Program, as authorized under section 11 of the February 9, 2019 (2:15 p.m.) SEN. APPRO. L':\2019CONI<'\DiYG-'l'HL'D.xml 125 1 Housing Opportunity Program EA'tension Act of 1996, as 2 amended, $54,000,000, to remain available until Sep3 tember 30, 2021: Provided, That of the total amount pro4 vided under this heading, $10,000,000 shall be made 5 available to the Self-Help Homeownership Opportunity 6 Program as authorized under section 11 of the Housing 7 Opportunity Program EA'tension Act of 1996, as amended: 8 Provided further, That of the total amount provided under 9 this heading, $35,000,000 shall be made available for the 10 second, third, and fourth capacity building activities au11 thorized under section 4(a) of the HUD Demonstration 12 Act of 1993 (42 U.S.C. 9816 note), of which not less than 13 $5,000,000 shall be made available for rural capacity 14 building activities: Provided further, That of the total 15 amount provided under this heading, $5,000,000 shall be 16 made available for capacity building by national rural 17 housing organizations with experience assessing national 18 rural conditions and providing financing, training, tech19 nical assistance, information, and research to local non20 profits, local governments, and Indian Tribes serving high 21 need rural communities: Provided further, 'l1hat of the 22 total amount provided under this heading, $4,000,000, 23 shall be made available for a progTam to rehabilitate and 24 modify the homes of disabled or low-income veterans, as 25 authorized under section 1079 of Public Law 113-291: February 9, 2019 (2:15 p.m.) U:\2019CO:NF\DiYG-'l'HUD.xml SEN. APPRO. 126 1 Provided further, That funds provided under the previous 2 proviso shall be awarded within 180 days of enactment 3 of this Act: Provided further, 'rl1at funds provided for such 4 program in fiscal years 2016, 2017, and 2018 shall be 5 awarded within 60 days of enactment of this Act. 6 7 HOMELESS ASSISTA.'JCE GRANTS For the Emergency Solutions Grants program as au- 8 thorized under subtitle B of title IV of the McKinney- 9 Vento Homeless Assistance Act, as amended; the Con10 tinuum of Care program as authorized under subtitle C 11 of title IV of such Act; and the Rural Housing Stability 12 Assistance program as authorized under subtitle D of title 13 IV of such Act, $2,636,000,000, to remain available until 14 September 30, 2021: Provided, That any rental assistance 15 amounts that are recaptured under such Continuum of 16 Care program shall remain available until expended: Pro17 vided further, That not less than $280,000,000 of the 18 funds appropriated under this heading shall be available 19 for such Emergency Solutions Grants program: Provided 20 further, That not less than $2,219,000,000 of the funds 21 appropriated under this heading shall be available for such 22 Continuum of Care and Rural Housing Stability Assist23 ance programs: Provided further, That of the amounts 24 made available under this heading, up to $50,000,000 25 shall be made available for grants for rapid re-housing February 9, 2019 (2:15 p.m.) SEN. APPRO. l':\2019COKF\Di,-0-THl'D.xml 127 1 projects and supportive service projects providing coordi- 2 nated entry, and for eligible activities the Secretary deter3 mines to be critical in order to assist survivors of domestic 4 violence, dating violence, and stalking: Provided further, 5 That such projects shall be eligible for renewal under the 6 continuum of care program subject to the same terms and 7 conditions as other renewal applicants: Provided further, 8 That up to $7,000,000 of the funds appropriated under 9 this heading shall be available for the national homeless 10 data analysis project: Provided further, 'rhat all funds 11 awarded for supportive services under the Continuum of 12 Care program and the Rural Housing Stability Assistance 13 program shall be matched by not less than 25 percent in 14 cash or in kind by each grantee: Provided further, That 15 for all match requirements applicable to funds made avail16 able under this heading for this fiscal year and prior fiscal 17 years, a grantee may use (or could have used) as a source 18 of match funds other funds administered by the Secretary 19 and other Federal agencies unless there is (or was) a spe20 cific statutory prohibition on any such use of any such 21 funds: Provided further, That the Secretary shall collect 22 system performance measures for each continuum of care, 23 and that relative to fiscal year 2015, under the Continuum 24 of Care competition with respect to funds made available 25 under this heading, the Secretary shall base an increasing February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CONF\DiYG-THUD.xrnl 128 1 share of the score on performance criteria: Provided fur2 ther, That none of the funds provided under this heading 3 shall be available to provide funding for new projects, ex4 cept for projects created through reallocation, unless the 5 Secretary determines that the continuum of care has dem6 onstrated that projects are evaluated and ranked based 7 on the degree to which they improve the continuum of 8 care's system performance: Provided further, rrhat the 9 Secretary shall prioritize funding under the Continuum of 10 Care progTam to continuums of care that have dem11 onstrated a capacity to reallocate funding from lower per12 forming projects to higher performing projects: Provided 13 further, That all awards of assistance under this heading 14 shall be required to coordinate and integTate homeless pro15 grams ·with other mainstream health, social services, and 16 employment programs for which homeless populations 17 may be eligible: Provided further, That any unobligated 18 amounts remaining from funds appropriated under this 19 heading in fiscal year 2012 and prior years for project20 based rental assistance for rehabilitation projects with 1021 year grant terms may be used for purposes under this 22 heading, notwithstanding the purposes for which such 23 funds were appropriated: Provided further, That all bal24 ances for Shelter Plus Care renewals previously funded 25 from the Shelter Plus Care Renewal account and trans- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 129 1 fcrred to this account shall be available, if recaptured, for 2 Continuum of Care renewals in fiscal year 2019: Provided 3 further, rrhat the Department shall notify grantees of their 4 formula allocation from amounts allocated (which may 5 represent initial or final amounts allocated) for the Erner6 gency Solutions Grant program within 60 days of enact7 rnent of this Act: Provided further, That up to 8 $80,000,000 of the funds appropriated under this heading 9 shall be to implement projects to demonstrate how a cornIO prehensive approach to serving homeless youth, age 24 11 and under, in up to 25 communities, including at least 12 eight communities with substantial rural populations, can 13 dramatically reduce youth homelessness: Provided further, 14 rrhat of the amount made available under the previous 15 proviso, up to $5,000,000 shall be available to provide 16 technical assistance on youth homelessness, and collection, 17 analysis, and reporting of data and performance measures 18 under the comprehensive approaches to serve homeless 19 youth, in addition to and in coordination with other tech20 nical assistance funds provided under this title: Provided 21 further, That such projects shall be eligible for renewal 22 under the continuum of care program subject to the same 23 terms and conditions as other renewal applicants: Pro24 vided further, rrhat youth aged 24 and under seeking as25 sistance under this heading shall not be required to pro- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DivG-THUD.xml 130 1 vide third party documentation to establish their eligibility 2 under 42 U.S.C. 11302(a) or (b) to receive services: Pro3 vided further, rrhat unaccompanied youth aged 24 and 4 under or families headed by youth aged 24 and under who 5 are living in unsafe situations may be served by youth6 serving providers funded under this heading. 7 HOUSING PROGRAMS 8 PROJECT-BASED RENTAL ASSISTANCE 9 :B--,or activities and assistance for the provision of 10 project-based subsidy contracts under the United States 11 Housing Act of 1937 (42 U.S.C. 1437 et seq.) ("the 12 Act"), not otherwise provided for, $11,347,000,000, to re13 main available until expended, shall be available on Octo14 her 1, 2018 (in addition to the $400,000,000 previously 15 appropriated under this heading that became available Oc16 tober 1, 2018), and $400,000,000, to remain available 17 until expended, shall be available on October 1, 2019: Pro18 vided, That the amounts made available under this head19 ing shall be available for expiring or terminating section 20 8 project-based subsidy contracts (including section 8 21 moderate rehabilitation contracts), for amendments to sec22 tion 8 project-based subsidy contracts (including section 23 8 moderate rehabilitation contracts), for contracts entered 24 into pursuant to section 441 of the McKinney-Vento 25 Homeless Assistance Act (42 U.S.C. 11401), for renewal February 9, 2019 (2:15 p.m.) SE:N. APPRO. U:\2019CO.l\'F\DivG-THUD.x:ml 131 1 of section 8 contracts for units in projects that are subject 2 to approved plans of action under the Emergency Low In3 come Housing Preservation Act of 1987 or the Low-In4 come Housing Preservation and Resident Homeownership 5 Act of 1990, and for administrative and other eArpenses 6 associated ·with project-based activities and assistance 7 funded under this paragraph: Provided further, That of 8 the total amounts provided under this heading, not to ex- 9 ceed $245,000,000 shall be available for performance10 based contract administrators for section 8 project-based 11 assistance, for carrying out 42 U.S.C. 1437(f): Provided 12 further, That the Secretary may also use such amounts 13 in the previous proviso for performance-based contract ad14 ministrators for the administration of: interest reduction 15 payments pursuant to section 236(a) of the National 16 Housing Act (12 U.S.C. 1715z-l(a)); rent supplement 17 payments pursuant to section 101 of the Housing and 18 Urban Development Act of 1965 (12 U.S.C. 1701s); sec19 tion 236(f)(2) rental assistance payments (12 U.S.C. 20 1715z-l(f)(2)); project rental assistance contracts for the 21 elderly under section 202(c)(2) of the Housing Act of 22 1959 (12 U.S.C. 170lq); project rental assistance con23 tracts for supportive housing for persons with disabilities 24 under section 81l(d)(2) of the Cranston-Gonzalez Na25 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); February 9, 2019 (2:15 p.m.) SEX APPRO. U:\2019CONF\DiYG-THUD.xml 132 1 project assistance contracts pursuant to section 202(h) of 2 the Housing Act of 1959 (Public Law 86-372; 73 Stat. 3 667); and loans under section 202 of the Housing Act of 4 1959 (Public Law 86-372; 73 Stat. 667): Provided fur5 ther, That amounts recaptured under this heading, the 6 heading "Annual Contributions for Assisted Housing", or· 7 the heading "Housing Certificate Fund", may be used for 8 renewals of or amendments to section 8 project-based con9 tracts or for performance-based contract administrators, 10 notwithstanding the purposes for which such amounts 11 were appropriated: Provided further, That, notwith- 12 standing any other provision of law, upon the request of 13 the Secretary, project funds that are held in residual re14 ceipts accounts for any project subject to a section 8 15 project-based Housing Assistance Payments contract that 16 authorizes HUD or a Housing Finance Agency to require 17 that surplus project funds be deposited in an interest18 bearing residual receipts account and that are in excess 19 of an amount to be determined by the Secretary, shall be 20 remitted to the Department and deposited in this account, 21 to be available until expended: Provided further, That 22 amounts deposited pursuant to the previous proviso shall 23 be available in addition to the amount otherwise provided 24 by this heading for uses authorized under this heading. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 133 1 2 HOUSING FOR THE ELDERLY For capital advances, including amendments to cap- 3 ital advance contracts, for housing for the elderly, as au4 thorized by section 202 of the Housing Act of 1959, as 5 amended, for project rental assistance for the elderly 6 under section 202(c)(2) of such Act, including amend- 7 ments to contracts for such assistance and renewal of ex8 piring contracts for such assistance for up to a 1-year 9 term, for senior preservation rental assistance contracts, 10 including renewals, as authorized by section 8ll(e) of the 11 American Housing and Economic Opportunity Act of 12 2000, as amended, and for supportive services associated 13 with the housing, $678,000,000, to remain available until 14 September 30, 2022: Provided, 'I1hat of the amount pro- 15 vided under this heading, up to $90,000,000 shall be for 16 service coordinators and the continuation of existing con17 gTegate service grants for residents of assisted housing 18 projects: Provided further, 'l1hat amounts under this head19 ing shall be available for Real Estate Assessment Center 20 inspections and inspection-related activities associated 21 with section 202 projects: Provided further, 'l1hat the Sec22 retary may waive the provisions of section 202 governing 23 the terms and conditions of project rental assistance, ex24 cept that the initial contract term for such assistance shall 25 not exceed 5 years in duration: Provided further, That February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.xrnl 134 1 upon request of the Secretary, project funds that are held 2 in residual receipts accounts for any project subject to a 3 section 202 project rental assistance contract and, upon 4 termination of such contract, are in excess of an amount 5 to be determined by the Secretary shall be remitted to the 6 Department and deposited in this account, to remain 7 available until September 30, 2022: Providedfurther, That 8 amounts deposited in this account pursuant to the pre9 vious proviso shall be available, in addition to the amounts 10 otherwise provided by this heading, for amendments and 11 renewals: Provided further, That unobligated balances, in12 eluding recaptures and carryover, remaining from funds 13 transferred to or appropriated under this heading shall be 14 available for amendments and renewals in addition to the 15 purposes for which such funds originally were appro16 priated: Provided further, That of the total amount pro- 17 vided under this heading, $10,000,000, shall be for a pro18 gram to be established by the Secretary to make gTants 19 to experienced non-profit organizations, States, local gov- 20 ernments, or public housing agencies for safety and func21 tional home modification repairs to meet the needs of low22 income elderly persons to enable them to remain in their 23 primary residence: Provided further, rrhat of the total 24 amount made available under the previous proviso, no less February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CON:B'\DivG-THUD.xml 135 1 than $5,000,000 shall be available to meet such needs in 2 communities with substantial rural populations. 3 4 HOUSING FOR PERSONS \VITH DISABILITIES For capital advances, including amendments to cap- 5 ital advance contracts, for supportive housing for persons 6 with disabilities, as authorized by section 811 of the Cran7 ston-Gonzalez National Affordable Housing Act (42 8 U.S.C. 8013), as amended, for project rental assistance 9 for supportive housing for persons with disabilities under 10 section 811(d)(2) of such Act, for project assistance con11 tracts pursuant to section 202(h) of the Housing Act of 12 1959 (Public Law 86-372; 73 Stat. 667), including 13 amendments to contracts for such assistance and renewal 14 of expiring contracts for such assistance for up to a 115 year term, for project rental assistance to State housing 16 finance agencies and other appropriate entities as author17 ized under section 811 (b) ( 3) of the Cranston-Gonzalez 18 National Housing Act, and for supportive services associ19 ated ,vith the housing for persons with disabilities as au20 thorized by section 81l(b)(l) of such Act, $184,155,000, 21 to remain available until September 30, 2022, of which 22 $30,155,000 shall be for capital advance and project rent23 al assistance awards: Provided, rrhat amounts made avail24 able under this heading shall be available for Real Estate 25 Assessment Center inspections and inspection-related ac- February 9, 2019 (2:15 p.m.) SEN. APPRO. l:":\2019CONF'\DiYG-THUD.x:ml 136 1 tivities associated with section 811 projects: Provided fur2 ther, rrhat, upon the request of the Secretary, project 3 funds that are held in residual receipts accounts for any 4 project subject to a section 811 project rental assistance 5 contract and, upon termination of such contract, are in 6 excess of an amount to be determined by the Secretary 7 shall be remitted to the Department and deposited in this 8 account, to remain available until September 30, 2022: 9 Provided further, That amounts deposited in this account 10 pursuant to the previous proviso shall be available in addi11 tion to the amounts otherwise provided by this heading 12 for amendments and renewals: Provided further, That un13 obligated balances, including recaptures and carryover, re14 maining from funds transferred to or appropriated under 15 this heading shall be used for amendments and renewals 16 in addition to the purposes for which such funds originally 17 were appropriated. 18 19 HOUSING COUNSELING .ASSISTANCE For contracts, grants, and other assistance excluding 20 loans, as authorized under section 106 of the Housing and 21 Urban Development Act of 1968, as amended, 22 $50,000,000, to remain available until September 30, 23 2020, including up to $4,500,000 for administrative con24 tract services: Provided, That grants made available from 25 amounts provided under this heading shall be awarded February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\Di,-O-THl~D.xml 137 1 within 180 days of enactment of this Act: Provided further, 2 That funds shall be used for providing counseling and ad3 vice to tenants and homenwners, both current and pro4 spective, with respect to property maintenance, financial 5 management or literacy, and such other matters as may 6 be appropriate to assist them in improving their housing 7 conditions, meeting their financial needs, and fulfilling the 8 responsibilities of tenancy or homeownership; for program 9 administration; and for housing counselor training: Pro10 vided further, That for purposes of providing such grants 11 from amounts provided under this heading, the Secretary 12 may enter into multiyear agreements, as appropriate, sub13 ject to the availability of annual appropriations. 14 15 RENTAL HOUSING ASSISTA.'JCE For amendments to contracts under section 101 of 16 the Housing and Urban Development Act of 1965 (12 17 U.S.C. 1701s) and section 236(f)(2) of the National 18 Housing Act (12 U.S.C. 1715z-1) in State-aided, non19 insured rental housing projects, $5,000,000, to remain 20 available until expended: Provided, 'rhat such amount, to21 gether ·with unobligated balances from recaptured 22 amounts appropriated prior to fiscal year 2006 from ter23 minated contracts under such sections of law, and any un24 obligated balances, including recaptures and carryover, re25 maining from funds appropriated under this heading after February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.x.ml SEN. APPRO. 138 1 fiscal year 2005, shall also be available for extensions of 2 up to one year for expiring contracts under such sections 3 of law. 4 PAYMENT TO lVIANUFACTURED HOUSING FEES TRUST 5 FUND 6 For necessary expenses as authorized by the National 7 1\/lanufactured Housing Construction and Safety Stand8 ards Act of 197 4 (42 U.S.C. 5401 et seq.), up to 9 $12,000,000, to remain available until eArpended, of which 10 $12,000,000 is to be derived from the Manufactured 11 Housing Fees Trust Fund: Provided, That not to exceed 12 the total amount appropriated under this heading shall be 13 available from the general fund of the Treasury to the ex14 tent necessary to incur obligations and make expenditures 15 pending the receipt of collections to the _F und pursuant 1 16 to section 620 of such Act: Provided further, That the 17 amount made available under this heading from the gen18 eral fund shall be reduced as such collections are received 19 during fiscal year 2019 so as to result in a final fiscal 20 year 2019 appropriation from the general fund estimated 21 at zero, and fees pursuant to such section 620 shall be 22 modified as necessary to ensure such a final fiscal year 23 2019 appropriation: Provided further, That for the dispute 24 resolution and installation programs, the Secretary of 25 Housing and Urban Development may assess and collect February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\Di-,,G-THUD.x:ml 139 1 fees from any program participant: Provided further, r.rhat 2 such collections shall be deposited into the Fund, and the 3 Secretary, as provided herein, may use such collections, 4 as well as fees collected under section 620, for necessary 5 expenses of such Act: Provided further, That, notwith6 standing the requirements of section 620 of such Act, the 7 Secretary may carry out responsibilities of the Secretary 8 under such Act through the use of approved service pro9 viders that are paid directly by the recipients of their serv10 ices. 11 FEDERAL HOUSING An:.\IINISTRATION 12 lVIUTUAL MORTGAGE INSURA...~CE PROGRAM: ACCOUNT 13 New commitments to guarantee single family loans 14 insured under the l\!Iutual Mortgage Insurance Fund shall 15 not exceed $400,000,000,000, to remain available until 16 September 30, 2020: Provided, rrhat during fiscal year 17 2019, obligations to make direct loans to carry out the 18 purposes of section 204(g) of the National Housing Act, 19 as amended, shall not exceed $1,000,000: Provided fur20 ther, That the foregoing amount in the previous proviso 21 shall be for loans to nonprofit and governmental entities 22 in connection with sales of single family real properties 23 owned by the Secretary and formerly insured under the 24 Mutual JV[ortgage Insurance Fund: Provided further, r.rhat 25 for administrative contract expenses of the Federal Hous- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.1',1tl 140 1 mg Administration, $130,000,000, to remam available 2 until September 30, 2020: Provided further, That to the 3 extent guaranteed loan commitments exceed 4 $200,000,000,000 on or before April 1, 2019, an addi5 tional $1,400 for administrative contract expenses shall be 6 available for each $1,000,000 in additional guaranteed 7 loan commitments (including a pro rata amount for any 8 amount below $1,000,000), but in no case shall funds 9 made available by this proviso exceed $30,000,000: ProIO vided further, That notwithstanding the limitation in the 11 first sentence of section 255(g) of the National Housing 12 Act (12 U.S.C. 1715z-20(g)), during fiscal year 2019 the 13 Secretary may insure and enter into new commitments to 14 insure mortgages under section 255 of the National Hous- 15 ing Act only to the extent that the net credit subsidy cost 16 for such insurance does not exceed zero: Provided further, 17 That for fiscal year 2019, the Secretary shall not take any 18 action against a lender solely on the basis of compare ra19 tios that have been adversely affected by defaults on mort- 20 gages secured by properties in areas where a major dis21 aster was declared in 2017 or 2018 pursuant to the Rob- 22 ert T. Stafford Disaster Relief and Emergency Assistance 23 Act (42 U.S.C. 5121 et seq.). February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CO:-J:F'\DiYG-THUD.xml 141 1 GENERAL AND SPECIAL RISK PROGRAJ\I ACCOUNT 2 New commitments to guarantee loans insured under 3 the General and Special Risk Insurance Funds, as author4 ized by sections 238 and 519 of the National Housing Act 5 (12 U.S.C. 1715z-3 and 1735c), shall not exceed 6 $30,000,000,000 in total loan principal, any part of which 7 is to be guaranteed, to remain available until September 8 30, 2020: Provided, That during fiscal year 2019, gross 9 obligations for the principal amount of direct loans, as au10 thorized by sections 204(g), 207(1), 238, and 519(a) of 11 the National Housing Act, shall not exceed $1,000,000, 12 which shall be for loans to nonprofit and governmental en13 tities in connection with the sale of single family real prop14 erties owned by the Secretary and formerly insured under 15 such Act. 16 GOVERN"::.\IENT NATIOKi-\L MOR'l'GAGE AssoCLl._TION 17 GUAI{ANTEES OF MORTGAGE-BACKED SECURITIES LOAN 18 GUARAi~TEE PROGRA!VI ACCOUNT 19 New commitments to issue guarantees to carry out 20 the purposes of section 306 of the National Housing Act, 21 as amended (12 U.S.C. 1721(g) ), shall not exceed 22 $550,000,000,000, to remain available until September 23 30, 2020: Provided, '"rl1at $27,000,000, to remain avail24 able until September 30, 2020, shall be for necessary sala25 ries and expenses of the Office of Government National February 9, 2019 (2:15 p.m.) U:\2019COKF\DiYG-THUD.x:ml SE~. APPRO. 142 1 Mortgage Association: Provided further, That to the extent 2 that guaranteed loan commitments exceed 3 $155,000,000,000 on or before April 1, 2019, an addi4 tional $100 for necessary salaries and expenses shall be 5 available until expended for each $1,000,000 in additional 6 guaranteed loan commitments (including a pro rata 7 amount for any amount below $1,000,000), but in no case 8 shall funds made available by this proviso exceed 9 $3,000,000: Provided further, That receipts from Commit- 10 ment and l\Iulticlass fees collected pursuant to title III of 11 the National Housing Act, as amended, shall be credited 12 as offsetting collections to this account. 13 POLICY DEv"'ELOPlVIENT AND RESEARCH 14 RESEARCH AND TECHN'OLOGY 15 For contracts, grants, and necessary expenses of pro- 16 gTams of research and studies relating to housing and 17 urban problems, not otherwise provided for, as authorized 18 by title V of the Housing and Urban Development Act 19 of 1970 (12 U.S.C. 1701z-1 et seq.), including carrying 20 out the functions of the Secretary of Housing and Urban 21 Development under section l(a)(l)(i) of Reorganization 22 Plan Ko. 2 of 1968, and for technical assistance, 23 $96,000,000, to remain available until September 30, 24 2020: Provided, That with respect to amounts made avail25 able under this heading, notwithstanding section 203 of February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 143 1 this title, the Secretary may enter into cooperative agree- 2 ments funded with philanthropic entities, other Federal 3 agencies, State or local governments and their agencies, 4 or colleges or universities for research projects: Provided 5 further, rrhat ,vith respect to the previous proviso, such 6 partners to the cooperative agreements must contribute at 7 least a 50 percent match toward the cost of the project: 8 Provided further, That for non-competitive agreements en9 tered into in accordance mth the previous two provisos, 10 the Secretary of Housing and Urban Development shall 11 comply mth section 2 (b) of the Federal Funding Account12 ability and Transparency Act of 2006 (Public Law 10913 282, 31 U.S.C. note) in lieu of compliance mth section 14 102(a)(4)(C) with respect to documentation of award dcci15 sions: Provided further, That prior to obligation of tech16 nical assistance funding, the Secretary shall submit a 17 plan, for approval, to the House and Senate Committees 18 on Appropriations on how it mll allocate funding for this 19 activity: Provided further, That none of the funds provided 20 under this heading may be available for the doctoral dis21 sertation research grant program. 22 :B'AIR HOUSING AND EQUAL 0PPORrrUNITY 23 FAIR HOUSING ACTIVYfIES 24 F1 or contracts, grants, and other assistance, not oth- 25 envisc provided for, as authorized by title VIII of the Civil February 9, 2019 (2:15 p.m.) U:\2019COKF\DiYG-'l'HlJD.xml SEK. APPRO. 144 1 Rights Act of 1968, as amended by the Fair Housing 2 Amendments Act of 1988, and section 561 of the Housing 3 and Community Development Act of 1987, as amended, 4 $65,300,000, to remain available until September 30, 5 2020: Provided, That notwithstanding 31 U.S.C. 3302, 6 the Secretary may assess and collect fees to cover the costs 7 of the Fair Housing Training Academy, and may use such 8 funds to develop on-line courses and provide such training: 9 Provided further, That no funds made available under this 10 heading shall be used to lobby the executive or legislative 11 branches of the Federal Government in connection with 12 a specific contract, grant, or loan: Provided further, 'l1hat 13 of the funds made available under this heading, $300,000 14 shall be available to the Secretary of Housing and Urban 15 Development for the creation and promotion of translated 16 materials and other programs that support the assistance 17 of persons with limited English proficiency in utilizing the 18 services provided by the Department of Housing and 19 Urban Development. 20 OFFICE OF LEAD HAzARD CO"NTROL AND HEALTHY 21 HOlVIES 22 LEAD HAZARD REHGCTION 23 ].,or the Lead Hazard Reduction ProgTam, as author- 24 ized by section 1011 of the Residential Lead-Based Paint 25 Hazard Reduction Act of 1992, $279,000,000, to remain February 9, 2019 (2:15 p.m.) SEN. APPRO. lT:\2019CONF\DiYG-THUD.:,rml 145 1 available until September 30, 2020, of which $45,000,000 2 shall be for the Healthy Homes Initiative, pursuant to sec3 tions 501 and 502 of the Housing and Urban Develop4 ment Act of 1970, which shall include research, studies, 5 testing, and demonstration efforts, including education 6 and outreach concerning lead-based paint poisoning and 7 other housing-related diseases and hazards: Provided, 8 That for purposes of environmental review, pursuant to 9 the National Environmental Policy Act of 1969 (42 U .S.C. 10 4321 et seq.) and other provisions of law that further the 11 purposes of such Act, a grant under the Healthy Homes 12 Initiative, or the Lead Technical Studies program under 13 this heading or under prior appropriations Acts for such 14 purposes under this heading, shall be considered to be 15 funds for a special project for purposes of section 305(c) 16 of the Multifamily Housing Property Disposition Reform 17 Act of 1994: Provided further, 'That not less than 18 $95,000,000 of the amounts made available under this 19 heading for the award of grants pursuant to section 1011 20 of the Residential Lead-Based Paint Hazard Reduction 21 Act of 1992 shall be provided to areas with the highest 22 lead-based paint abatement needs: Provided further, rrhat 23 $64,000,000 of the funds appropriated under this heading 24 shall be for the implementation of projects to demonstrate 25 how intensive, extended multi-year interventions can dra- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.:i-.,1il 146 1 matically reduce the presence of lead-based paint hazards 2 in communities containing high concentrations of both 3 pre-1940 housing and low-income families by achieving 4 economies of scale that substantially reduce the cost of 5 lead-based paint remediation activities and administrative 6 costs for grantees: Provided further, That such projects 7 in each of seven communities shall be for five years and 8 serve no more than four contiguous census tracts in which 9 there are high concentrations of housing stock built before 10 1940, in which low-income families ·with children make up 11 a significantly higher proportion of the population as com12 pared to the State average, and that are located in juris13 dictions in which instances of elevated blood lead levels 14 reported to the State are significantly higher than the 15 State average: Provided further, That funding awarded for 16 such projects shall be made available for draw down con17 tingent upon the grantee meeting cost-savings, produc18 tivity, and grant compliance benchmarks established by 19 the Secretary: Provided further, That each recipient of 20 funds for such projects shall contribute an amount not less 21 than 10 percent of the total award, and that the Secretary 22 shall give priority to applicants that secure commitments 23 for additional contributions from public and private 24 sources: Provided further, That gTantees currently receiv25 ing grants made under this heading shall be eligible to February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-TIIUD.xml 147 1 apply for such projects, provided that they are deemed to 2 be in compliance with program requirements established 3 by the Secretary: Provided further, That each applicant 4 shall certify adequate capacity that is acceptable to the 5 Secretary to carry out the proposed use of funds pursuant 6 to a notice of funding availability: Provided further, rrhat 7 amounts made available under this heading in this or prior 8 appropriations Acts, still remaining available, may be used 9 for any purpose under this heading notwithstanding the 10 purpose for which such amounts were appropriated if a 11 program competition is undersubscribed and there are 12 other program competitions under this heading that are 13 oversubscribed. 14 15 lNFORl\iATION TECHNOLOGY FUND For the development, modernization, and enhance- 16 ment of, modifications to, and infrastructure for Depart17 ment-wide and program-specific information technology 18 systems, for the continuing operation and maintenance of 19 both Department-·wide and program-specific information 20 systems, and for program-related maintenance activities, 21 $280,000,000, of which $260,000,000 shall remain avail22 able until September 30, 2020, and of which $20,000,000 23 shall remain available until September 30, 2021: Provided, 24 That any amounts transferred to this Fund under this Act 25 shall remain available until expended: Provided further, February 9, 2019 (2:15 p.m.) -C:\2019CONF\DiYG-THUD.:s:ml SEX APPRO. 148 1 rrhat any amounts transferred to this Fund from amounts 2 appropriated by previously enacted appropriations Acts 3 may be used for the purposes specified under this Fund, 4 in addition to any other information technology purposes 5 for which such amounts were appropriated: Provided fur6 ther, That not more than 10 percent of the funds made 7 available under this heading for development, moderniza8 tion and enhancement may be obligated until the Sec9 retary submits to the House and Senate Committees on 10 Appropriations, for approval, a plan for expenditure 11 that-(A) identifies for each modernization project: (i) the 12 functional and performance capabilities to be delivered 13 and the mission benefits to be realized, (ii) the estimated 14 life-cycle cost, and (iii) key milestones to be met; and (B) 15 demonstrates that each modernization project is: (i) com16 pliant ,vj_th the Department's enterprise architecture, (ii) 17 being managed in accordance mth applicable life-cycle 18 management policies and guidance, (iii) subject to the De19 partment' s capital planning and investment control re20 quirements, and (iv) supported by an adequately staffed 21 project office. 22 23 OFFICE OF INSPECTOR GENERAL For necessary salaries and expenses of the Office of 24 Inspector General in carrying out the Inspector General 25 Act of 1978, as amended, $128,082,000: Provided, That February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~:F'\DiYG-THUD.xml 149 1 the Inspector General shall have independent authority 2 over all personnel issues -within this office. 3 GENERAL PROVISIOXS-DEPARTl\IENT OF HOUSING .AND 4 URBAi~ DEv7ELOPMENT 5 (INCLUDING TRAXSFER OF FUNDS) 6 (INCLUDING RESCISSIONS) 7 SEC. 201. Fifty percent of the amounts of budget au- 8 thority, or in lieu thereof 50 percent of the cash amounts 9 associated with such budget authority, that are recaptured 10 from projects described in section 1012(a) of the Stewart 11 B. McKinney Homeless Assistance Amendments Act of 12 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 13 case of cash, shall be remitted to the Treasury, and such 14 amounts of budget authority or cash recaptured and not 15 rescinded or remitted to the rrreasury shall be used by 16 State housing finance agencies or local governments or 17 local housing agencies with projects approved by the Sec18 retary of Housing and Urban Development for which set19 tlement occurred after January 1, 1992, in accordance 20 with such section. Notwithstanding the previous sentence, 21 the Secretary may award up to 15 percent of the budget 22 authority or cash recaptured and not rescinded or remitted 23 to the Treasury to provide project owners with incentives 24 to refinance their project at a lower interest rate. February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019COKF\DiYG-THUD.xml 150 1 SEC. 202. None of the amounts made available under 2 this Act may be used during fiscal year 2019 to investigate 3 or prosecute under the J.1...,air Housing Act any otherwise 4 lawful activity engaged in by one or more persons, includ- 5 ing the filing or maintaining of a nonfrivolous legal action, 6 that is engaged in solely for the purpose of achieving or 7 preventing action by a Government official or entity, or 8 a court of competent jurisdiction. 9 SEC. 203. Except as explicitly provided in law, any 10 gTant, cooperative agreement or other assistance made 11 pursuant to title II of this Act shall be made on a competi12 tive basis and in accordance ·with section 102 of the De13 partment of Housing and Urban Development Reform Act 14 of 1989 (42 U.S.C. 3545). 15 SEC. 204. Funds of the Department of Housing and 16 Urban Development subject to the Government Corpora- l? tion Control Act or section 402 of the Housing Act of 18 1950 shall be available, ·without regard to the limitations 19 on administrative expenses, for legal services on a contract 20 or fee basis, and for utilizing and making payment for 21 services and facilities of the Federal National Mortgage 22 Association, Government National Mortgage Association, 23 Federal Home Loan Mortgage Corporation, Federal Fi24 nancing Bank, Federal Reserve banks or any member 25 thereof, J.1..,ederal Home Loan banks, and any insured bank February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 151 1 -within the meaning of the Federal Deposit Insurance Cor2 poration Act, as amended (12 U.S.C. 1811-1). 3 SEC. 205. Unless otherwise provided for in this Act 4 or through a reprogramming of funds, no part of any ap- 5 propriation for the Department of Housing and Urban 6 Development shall be available for any program, project 7 or activity in excess of amounts set forth in the budget 8 estimates submitted to Congress. 9 SEC. 206. Corporations and agencies of the Depart- 10 ment of Housing and Urban Development which are sub11 ject to the Government Corporation Control Act are here12 by authorized to make such expenditures, within the limits 13 of funds and borrowing authority available to each such 14 corporation or ag·ency and in accordance ,vith law, and to 15 make such contracts and commitments without regard to 16 fiscal year limitations as provided by section 104 of such 17 Act as may be necessary in carrying out the programs set 18 forth in the budget for 2019 for such corporation or agen19 cy except as hereinafter provided: Provided, That collec20 tions of these corporations and agencies may be used for 21 new loan or mortgage purchase commitments only to the 22 extent expressly provided for in this Act (unless such loans 23 are in support of other forms of assistance provided for 24 in this or prior appropriations Acts), except that this pro25 viso shall not apply to the mortgage insurance or guaranty February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CONF\DiYG-THUD.xml 152 1 operations of these corporations, or where loans or mort2 gage purchases are necessary to protect the financial in- 3 terest of the United States Government. 4 SEC. 207. The Secretary of Housing and Urban De- 5 velopment shall provide quarterly reports to the House 6 and Senate Committees on Appropriations regarding all 7 uncommitted, unobligated, recaptured and excess funds in 8 each program and activity ·within the jurisdiction of the 9 Department and shall submit additional, updated budget 10 information to these Committees upon request. 11 SEC. 208. rrhe President's formal budget request for 12 fiscal year 2020, as well as the Department of Housing 13 and Urban Development's congTessional budget justifica14 tions to be submitted to the Committees on Appropriations 15 of the House of Representatives and the Senate, shall use 16 the identical account and sub-account structure provided 17 under this Act. 18 SEC. 209. No funds provided under this title may be 19 used for an audit of the Government National Mortgage 20 Association that makes applicable requirements under the 21 Federal Credit Reform Act of 1990 (2 U.S.C. 661 ct seq.). 22 SEC. 210. (a) Notwithstanding any other provision 23 of law, subject to the conditions listed under this section, 24 for fiscal years 2019 and 2020, the Secretary of Housing 25 and Urban Development may authorize the transfer of February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019CONF\DiYG-THUD.x.ml 153 1 some or all project-based assistance, debt held or insured 2 by the Secretary and statutorily required low-income and 3 very low-income use restrictions if any, associated ,vi.th one 4 or more multifamily housing project or projects to another 5 multifamily housing project or projects. 6 (b) PHASED TRANSFERS.-Transfers of project- 7 based assistance under this section may be done in phases 8 to accommodate the financing and other requirements re9 lated to rehabilitating or constructing the project or 10 projects to which the assistance is transferred, to ensure 11 that such project or projects meet the standards under 12 subsection (c). 13 (c) The transfer authorized in subsection (a) is sub- 14 ject to the follmving conditions: 15 (1) KUMBER AND BEDROOM SIZE OF UNITS.- 16 (A) For occupied units in the transferring 17 project: The number of low-income and very 18 low-income units and the configuration (i.e., 19 bedroom size) provided by the transferring 20 project shall be no less than when transferred 21 to the receiving project or projects and the net 22 dollar amount of Federal assistance provided to 23 the transferring project shall remain the same 24 in the receiving project or projects. February 9, 2019 (2:15 p.m.) SEN. APPRO. U :\2019CONF\DiYG-THUD .xml 154 1 (B) For unoccupied units in the transfer- 2 ring project: The Secretary may authorize a re- 3 duction in the number of dwelling units in the 4 receiving project or projects to allow for a re- 5 configuration of bedroom sizes to meet current 6 market demands, as determined by the Sec- 7 retary and provided there is no increase in the 8 project-based assistance budget authority. 9 (2) 1-111e transferring project shall, as deter- 10 mined by the Secretary, be either physically obsolete 11 or economically nonviable. 12 (3) rrhe receiving project or projects shall meet 13 or exceed applicable physical standards established 14 by the Secretary. 15 (4) The nwner or mortgag·or of the transferring 16 project shall notify and consult with the tenants re- 17 siding in the transferring project and provide a cer- 18 tification of approval by all appropriate local govern- 19 mental officials. 20 (5) The tenants of the transferring project who 21 remain eligible for assistance to be provided by the 22 receiving project or projects shall not be required to 23 vacate their units in the transferring project or 24 projects until new units in the receiving project are 25 available for occupancy. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.xml 155 1 2 ( 6) ':.L1he Secretary determines that this transfer is in the best interest of the tenants. 3 (7) If either the transferring project or the re- 4 ceiving project or projects meets the condition speci- 5 fied in subsection (d)(2)(A), any lien on the receiv- 6 ing project resulting from additional financing ob- 7 tained by the owner shall be subordinate to any 8 FHA-insured mortgage lien transferred to, or placed 9 on, such project by the Secretary, except that the 10 Secretary may waive this requirement upon deter- 11 mination that such a waiver is necessary to facilitate 12 the financing of acquisition, construction, and/or re- 13 habilitation of the receiving project or projects. 14 (8) If the transferring project meets the re- 15 quirements of subsection (d)(2), the owner or mort- 16 gagor of the receiving project or projects shall exe- 17 cute and record either a continuation of the existing 18 use agTeement or a new use agreement for the 19 project where, in either case, any use restrictions in 20 such agreement are of no lesser duration than the 21 existing use restrictions. 22 ( 9) The transfer does not increase the cost (as 23 defined in section 502 of the Congressional Budget 24 Act of 197 4, as amended) of any FHA-insured 25 mortgage, except to the extent that appropriations February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COJ'\lj'\DiYG-THUD.x:ml 156 1 are provided in advance for the amount of any such 2 increased cost. 3 (d) _F'or purposes of this section- 4 (1) the terms "low-income" and "very low-in- 5 come" shall have the meanings provided by the stat- 6 ute and/or regulations governing the program under 7 which the project is insured or assisted; 8 9 10 (2) means housing that meets one of the following conditions- 11 12 the term "multifamily housing project" (A) housing that is subject to a mortgage insured under the National Housing Act; 13 (B) housing that has project-based assist- 14 ance 15 projects undergoing mark to market debt re- 16 structuring under the Multifamily Assisted 17 Housing Reform and Affordability Housing Act; 18 (C) housing that is assisted under section 19 202 of the Housing Act of 1959, as amended 20 by section 801 of the Cranston-Gonzales Na- 21 tional Affordable Housing Act; attached to the structure including 22 (D) housing that is assisted under section 23 202 of the Housing Act of 1959, as such sec- 24 tion existed before the enactment of the Cran- 25 ston-Gonzales National Affordable Housing Act; February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CONF\DiYG-THUD.xml 157 1 (E) housing that is assisted under section 2 811 of the Cranston-Gonzales National Afford- 3 able Housing Act; or (F) housing or vacant land that is subject 4 5 to a use agreement; 6 (3) 7 8 9 the term "project-based assistance" means(A) assistance provided under section 8 (b) of the United States Housing Act of 1937; 10 (B) assistance for housing constructed or 11 substantially rehabilitated pursuant to assist- 12 ance provided under section 8(b)(2) of such Act 13 (as such section existed immediately before Oc- 14 tober 1, 1983); 15 (C) rent supplement payments under sec- 16 tion 101 of the Housing and Urban Develop- 17 ment Act of 1965; 18 (D) interest reduction payments under sec- 19 tion 236 and/or additional assistance payments 20 under section 236(f)(2) of the National Hous- 21 ing Act; 22 (E) assistance payments made under sec- 23 tion 202(c)(2) of the Housing Act of 1959; and February 9, 2019 (2:15 p.m.) SE~. APPRO. U :\2019CO NF\DiYG-TI-IUD .xml 158 1 (F) assistance payments made under sec- 2 tion 8ll(d)(2) of the Cranston-Gonzalez Na- 3 tional Affordable Housing Act; 4 ( 4) the term "receiving project or projects" 5 means the multifamily housing project or projects to 6 which some or all of the project-based assistance, 7 debt, and statutorily required low-income and very 8 low-income use restrictions are to be transferred; 9 (5) the term "transferring project" means the 10 multifamily housing project which is transferring 11 some or all of the project-based assistance, debt, and 12 the statutorily required low-income and very low-in- 13 come use restrictions to the receiving project or 14 prajects; and 15 (6) the term ''Secretary'' means the Secretary 16 of Housing and Urban Development. 17 (e) RESEARCH REPORT .-The Secretary shall con- 18 duct an evaluation of the transfer authority under this sec19 tion, including the effect of such transfers on the oper- 20 ational efficiency, contract rents, physical and financial 21 conditions, and long-term preservation of the affected 22 properties. 23 SEC. 211. (a) No assistance shall be provided under 24 section 8 of the United States Housing Act of 1937 (42 25 U.S.C. 1437f) to any individual who- February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CO~F\DiYG-THUD.xml 159 1 ( 1) is enrolled as a student at an institution of 2 higher education (as defined under section 102 of 3 the Higher Education Act of 1965 (20 U.S.C. 4 1002) ); 5 (2) is under 24 years of age; 6 (3) is not a veteran; 7 (4) is unmarried; 8 (5) does not have a dependent child; 9 (6) is not a person with disabilities, as such 10 term is defined in section 3(b)(3)(E) of the United 11 States 12 143 7a (b) (3) (E)) and was not receiving assistance 13 under such section 8 as of November 30, 2005; Housing Act of 1937 (42 U.S.C. 14 (7) is not a youth who left foster care at age 15 14 or older and is at risk of becoming homeless; and 16 (8) is not otherwise individually eligible, or has 17 parents who, individually or jointly, are not eligible, 18 to receive assistance under section 8 of the United 19 States Housing Act of 1937 (42 U.S.C. 1437f). 20 (b) For purposes of determining the eligibility of a 21 person to receive assistance under section 8 of the United 22 States Housing Act of 1937 (42 U.S.C. 1437f), any finan23 cial assistance (in excess of amounts received for tuition 24 and any other required fees and charges) that an indi25 vidual receives under the Higher Education Act of 1965 February 9, 2019 (2:15 p.m.) l::\2019CO~F\DiYG-TIIUD.xml SEN. APPRO. 160 1 (20 U.S.C. 1001 et seq.), from private sources, or an insti- 2 tution of higher education (as defined under the Higher 3 Education Act of 1965 (20 U.S.C. 1002)), shall be consid4 ered income to that individual, except for a person over 5 the age of 23 ·with dependent children. 6 SEC. 212. The funds made available for Native Alas- 7 kans under the heading "Native American Housing Block 8 Grants" in title II of this Act shall be allocated to the 9 same Native Alaskan housing block grant recipients that 10 received funds in fiscal year 2005. 11 SEC. 213. Notwithstanding any other provis10n of 12 law, in fiscal year 2019, in managing and disposing of any 13 multifamily property that is owned or has a mortgage held 14 by the Secretmy of Housing and Urban Development, and 15 during the process of foreclosure on any property ·with a 16 contract for rental assistance payments under section 8 17 of the United States Housing Act of 1937 or other Fed18 eral programs, the Secretary shall maintain any rental as19 sistance payments under section 8 of the United States 20 Housing Act of 1937 and other programs that are at21 tached to any dwelling units in the property. To the extent 22 the Secretary determines, in consultation with the tenants 23 and the local government, that such a multifamily prop24 erty m-vned or held by the Secretary is not feasible for con25 tinued rental assistance payments under such section 8 February 9, 2019 (2:15 p.m.) SEK. APPRO. r:\2019CONF\DivG-THUD.xrnl 161 1 or other progTams, based on consideration of (1) the costs 2 of rehabilitating and operating the property and all avail3 able Federal, State, and local resources, including rent ad4 justments under section 524 of the Multifamily Assisted 5 Housing Reform and Affordability Act of 1997 6 ("MAHRAA") and (2) environmental conditions that can- 7 not be remedied in a cost-effective fashion, the Secretary 8 may, in consultation with the tenants of that property, 9 contract for project-based rental assistance payments with 10 an mvner or owners of other existing housing properties, 11 or provide other rental assistance. The Secretary shall also 12 take appropriate steps to ensure that project-based con- 13 tracts remain in effect prior to foreclosure, subject to the 14 exercise of contractual abatement remedies to assist relo- 15 cation of tenants for imminent major threats to health and 16 safety after written notice to and informed consent of the 17 affected tenants and use of other available remedies, such 18 as partial abatements or receivership. After disposition of 19 any multifamily property described under this section, the 20 contract and allowable rent levels on such properties shall 21 be subject to the requirements under section 524 of 22 l\IAHRAA. 23 SEC. 214. rrhe commitment authority funded by fees 24 as provided under the heading "Community Development 25 Loan Guarantees Program Account" may be used to guar- February 9, 2019 (2:15 p.m.) SEN. APPRO. t:":\2019CONF\DiYG-THUD.xml 162 1 antee, or make commitments to guarantee, notes, or other 2 obligations issued by any State on behalf of non-entitle- 3 ment communities in the State in accordance ,vith the re4 quirements of section 108 of the Housing and Community 5 Development Act of 197 4: Provided, rrhat any State re6 ceiving such a guarantee or commitment shall distribute 7 all funds subject to such guarantee to the units of general 8 local government in non-entitlement areas that received 9 the commitment. 10 SEC. 215. Public housing agencies that own and oper- 11 ate 400 or fewer public housing units may elect to be ex- 12 empt from any asset management requirement imposed by 13 the Secretary of Housing and Urban Development in con14 nection mth the operating fund rule: Provided, That an 15 agency seeking a discontinuance of a reduction of subsidy 16 under the operating fund formula shall not be exempt 17 from asset management requirements. 18 SEC. 216. With respect to the use of amounts pro- 19 vided in this Act and in future Acts for the operation, cap- 20 ital improvement and management of public housing as 21 authorized by sections 9(d) and 9(e) of the United States 22 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 23 Secretary shall not impose any requirement or guideline 24 relating to asset management that restricts or limits in 25 any way the use of capital funds for central office costs February 9, 2019 (2:15 p.m.) SEK. APPRO. U:\2019CONF\DivG-THl7D.xml 163 1 pursuant to section 9(g)(l) or 9(g)(2) of the United States 2 Housing Act of 1937 (42 U.S.C. 1437g(g)(l), (2)): Pro3 vided, rrhat a public housing agency may not use capital 4 funds authorized under section 9( d) for activities that are 5 eligible under section 9 (e) for assistance ,vith amounts 6 from the operating fund in excess of the amounts per7 mitted under section 9(g)(l) or 9(g)(2). 8 SEC. 217. No official or employee of the Department 9 of Housing and Urban Development shall be designated 10 as an allotment holder unless the Office of the Chief Fil I nancial Officer has determined that such allotment holder 12 has implemented an adequate system of funds control and 13 has received training in funds control procedures and di14 rectives. rrhe Chief Financial Officer shall ensure that 15 there is a trained allotment holder for each HUD appro16 priation under the accounts "Executive Offices" and "Ad- 17 ministrative Support Offices," as well as each account re18 ceiving appropriations under the general heading "Pro19 gram Office Salaries and Expenses", "Government Na20 tional Mortgage Association-Guarantees of Mortgage21 Backed Securities Loan Guarantee ProgTam Account", 22 and "Office of Inspector General" ,vithin the Department 23 of Housing and Urban Development. 24 SEC. 218. The Secretary of the Department of Hous- 25 ing and Urban Development shall, for fiscal year 2019, February 9, 2019 (2:15 p.m.) SE~. APPRO. U:\2019CONP\DiYG-THUD.x:ml 164 1 notify the public through the Federal Register and other 2 means, as determined appropriate, of the issuance of a no3 tice of the availability of assistance or notice of funding 4 availability (NOFA) for any program or discretionary 5 fund administered by the Secretary that is to be competi6 tively awarded. Notwithstanding any other provision of 7 law, for fiscal year 2019, the Secretary may make the 8 NOFA available only on the Internet at the appropriate 9 Government web site or through other electronic media, 10 as determined by the Secretary. 11 SEC. 219. Payment of attorney fees in progTam-re- 12 lated litigation shall be paid from the individual progTam 13 office and Office of General Counsel salaries and eA'Penses 14 appropriations. The annual budget submission for the pro- 15 gram offices and the Office of General Counsel shall in16 elude any such projected litigation costs for attorney fees 17 as a separate line item request. No funds provided in this 18 title may be used to pay any such litigation costs for attor19 ney fees until the Department submits for review a spend- 20 ing plan for such costs to the House and Senate Commit21 tees on Appropriations. 22 SEC. 220. The Secretary is authorized to transfer up 23 to 10 percent or $5,000,000, whichever is less, of funds 24 appropriated for any office under the heading "Adminis- 25 trative Support Offices" or for any account under the gen- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CON1''\DiYG-THUD.xml 165 1 eral heading ''Program Office Salaries and Expenses'' to 2 any other such office or account: Provided, That no appro3 priation for any such office or account shall be increased 4 or decreased by more than 10 percent or $5,000,000, 5 whichever is less, ·without prior written approval of the 6 House and Senate Committees on Appropriations: Pro7 vided further, That the Secretary shall provide notification 8 to such Committees three business days in advance of any 9 such transfers under this section up to 10 percent or 10 $5,000,000, whichever is less. 11 SEC. 221. (a) Any entity receiving housing assistance 12 payments shall maintain decent, safe, and sanitary condi13 tions, as determined by the Secretary of Housing and 14 Urban Development (in this section referred to as the 15 "Secretary"), and comply with any standards under appli16 cable State or local laws, rules, ordinances, or regulations 17 relating to the physical condition of any property covered 18 under a housing assistance payn1ent contract. 19 (b) The Secretary shall take action under subsection 20 (c) when a multifamily housing project ,vith a section 8 21 contract or contract for similar project-based assistance22 23 (1) receives a Uniform Physical Condition Standards (UPCS) score of 60 or less; or 24 (2) fails to certify in writing to the Secretary 25 ,vithin 3 days that all Exigent Health and Safety de- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CON}'\DiYG-THUD.xrnl 166 1 ficiencies identified by the inspector at the project 2 have been corrected. 3 Such requirements shall apply to insured and noninsured 4 projects with assistance attached to the units under sec5 tion 8 of the United States Housing Act of 1937 (42 6 U.S.C. 1437f), but do not apply to such units assisted 7 under section 8(0)(13) (42 U.S.C. 1437f(o)(l3)) or to 8 public housing units assisted with capital or operating 9 funds under section 9 of the United States Housing Act 10 of 1937 (42 U.S.C. 1437g). 11 (c)(l) Within 15 days of the issuance of the REAC 12 inspection, the Secretary must provide the owner ,vi_th a 13 Notice of Default with a specified timetable, determined 14 by the Secretary, for correcting all deficiencies. The Sec- 15 retary must also provide a copy of the Notice of Default 16 to the tenants, the local government, any mortgagees, and 17 any contract administrator. If the owner's appeal results 18 in a UPCS score of 60 or above, the Secretary may with19 draw the Notice of Default. 20 (2) At the end of the time period for correcting all 21 deficiencies specified in the Notice of Default, if the owner 22 fails to fully correct such deficiencies, the Secretary may23 (A) require immediate replacement of project 24 management with a management agent approved by 25 the Secretary; February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DiYG-THUD.x:ml 167 1 (B) impose civil money penalties, which shall be 2 used solely for the purpose of supporting safe and 3 sanitary conditions at applicable properties, as des- 4 ignated by the Secretary, ·with priority given to the 5 tenants of the property affected by the penalty; 6 (C) abate the section 8 contract, including par- 7 tial abatement, as determined by the Secretary, until 8 all deficiencies have been corrected; 9 (D) pursue transfer of the project to an owner, 10 approved by the Secretary under established proce- 11 dures, which will be obligated to promptly make all 12 required repairs and to accept renewal of the assist- 13 ance contract as long as such renewal is offered; 14 15 (E) transfer the existing section 8 contract to another project or projects and owner or owners; 16 (F) pursue exclusionary sanctions, including 17 suspensions or debarments from Federal progTams; 18 (G) seek judicial appointment of a receiver to 19 manage the property and cure all project deficiencies 20 or seek a judicial order of specific performance re- 21 quiring the owner to cure all project deficiencies; 22 (H) work with the owner, lender, or other re- 23 lated party to stabilize the property in an attempt 24 to preserve the property through compliance, trans- February 9, 2019 (2:15 p.m.) SEN. APPRO. -C:\2019CO)Jl-<'\DiYG-THUD.xml 168 1 fer of ownership, or an infusion of capital provided 2 by a third-party that requires time to effectuate; or 3 (I) take any other regulatmy or contractual 4 remedies available as deemed necessary and appro- 5 priate by the Secretary. 6 (d) The Secretary shall also take appropriate steps 7 to ensure that project-based contracts remain in effect, 8 subject to the exercise of contractual abatement remedies 9 to assist relocation of tenants for major threats to health 10 and safety after written notice to the affected tenants. To 11 the extent the Secretary determines, in consultation with 12 the tenants and the local government, that the property 13 is not feasible for continued rental assistance payments 14 under such section 8 or other programs, based on consid15 eration of16 (1) the costs of rehabilitating and operating the 17 property and all available Federal, State, and local 18 resources, including rent adjustments under section 19 524 of the l\1ultifamily Assisted Housing Reform 20 and Affordability Act of 1997 ("MAHRAA"); and 21 (2) environmental conditions that cannot be 22 remedied in a cost-effective fashion, the Secretmy 23 may contract for project-based rental assistance pay- 24 ments viTith an owner or nwners of other existing February 9, 2019 (2:15 p.m.) SEX APPRO. l':\2019COKF\DiYG-THl'D.xml 169 1 housing properties, or provide other rental assist- 2 ance. 3 (e) rrhe Secretary shall report quarterly on all prop- 4 erties covered by this section that are assessed through 5 the Real Estate Assessment Center and have UPCS phys6 ical inspection scores of less than 60 or have received an 7 unsatisfactory management and occupancy review within 8 the past 36 months. The report shall include9 (1) the enforcement actions being taken to ad- 10 dress such conditions, including imposition of civil 11 money penalties and termination of subsidies, and 12 identify properties that have such conditions mul- 13 tiple times; 14 (2) actions that the Department of Housing 15 and Urban Development is taking to protect tenants 16 of such identified properties; and 17 (3) any administrative or legislative rec- 18 ommendations to further improve the living condi- 19 tions at properties covered under a housing assist- 20 ance payment contract. 21 rrhis report shall be due to the Senate and House Commit- 22 tees on Appropriations no later than 30 days after the 23 enactment of this Act, and on the first business day of 24 each Federal fiscal year quarter thereafter while this sec25 tion remains in effect. February 9, 2019 (2:15 p.m.) "C:\2019COKF\DivG-THUD.xml SEN. APPRO. 170 1 SEC. 222. None of the funds made available by this 2 Act, or any other Act, for purposes authorized under sec- 3 tion 8 (only ·with respect to the tenant-based rental assist4 ance program) and section 9 of the United States Housing 5 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 6 any public housing agency for any amount of salary, in7 eluding bonuses, for the chief executive officer of which, 8 or any other official or employee of which, that exceeds 9 the annual rate of basic pay payable for a position at level 10 IV of the Executive Schedule at any time during any pub11 lie housing agency fiscal year 2019. 12 SEC. 223. None of the funds in this Act provided to 13 the Department of Housing and Urban Development may 14 be used to make a grant award unless the Secretary noti15 fies the House and Senate Committees on Appropriations 16 not less than 3 full business days before any project, 17 State, locality, housing authority, tribe, nonprofit organi18 zation, or other entity selected to receive a grant award 19 is announced by the Department or its offices. 20 SEC. 224. None of the funds made available by this 21 Act may be used to require or enforce the Physical Needs 22 Assessment (PNA). 23 SEC. 225. None of the funds made available in this 24 Act shall be used by the Federal Housing Administration, 25 the Government National Mortgage Administration, or the February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONl<--,\DiYG-THUD.xrnl 171 1 Department of Housing and Urban Development to in- 2 sure, securitize, or establish a Federal guarantee of any 3 mortgage or mortgage backed security that refinances or 4 otherwise replaces a mortgage that has been subject to 5 eminent domain condemnation or seizure, by a State, mu6 nicipality, or any other political subdivision of a State. 7 SEC. 226. None of the funds made available by this 8 Act may be used to terminate the status of a unit of gen9 eral local government as a metropolitan city (as defined 10 in section 102 of the Housing and Community Develop11 ment Act of 1974 (42 U.S.C. 5302)) with respect to 12 grants under section 106 of such Act (42 U.S.C. 5306). 13 SEC. 227. Amounts made available under this Act 14 which are either appropriated, allocated, advanced on a 15 reimbursable basis, or transferred to the Office of Policy 16 Development and Research in the Department of Housing 17 and Urban Development and functions thereof, for re18 search, evaluation, or statistical purposes, and which are 19 unexpended at the time of completion of a contract, grant, 20 or cooperative agreement, may be deobligated and shall 21 immediately become available and may be reobligated in 22 that fiscal year or the subsequent fiscal year for the re23 search, evaluation, or statistical purposes for which the 24 amounts are made available to that Office subject to re25 programming requirements in section 405 of this Act. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CO~F\DivG-'l'HUD.xml 172 1 SEC. 228. Kone of the funds provided in this Act or 2 any other act may be used for awards, including perform3 ance, special act, or spot, for any employee of the Depart4 ment of Housing and Urban Development subject to ad- 5 ministrative discipline (including suspension from work), 6 in this or the prior fiscal year, but this prohibition shall 7 not be effective prior to the effective date of any such ad8 ministrative discipline or after any final decision over9 turning such discipline. 10 SEC. 229. Funds made available in this title under 11 the heading "Homeless Assistance Grants" may be used 12 by the Secretary to participate in Performance Partner13 ship Pilots authorized under section 526 of division H of 14 Public Law 113-76, section 524 of division G of Public 15 Law 113-235, section 525 of division H of Public Law 16 114-113, and such authorities as are enacted for Perform17 ance Partnership Pilots in an appropriations Act for fiscal 18 year 2019: Provided, That such participation shall be lim19 ited to no more than 10 continuums of care and housing 20 activities to improve outcomes for disconnected youth. 21 SEC. 230. With respect to grant amounts awarded 22 under the heading "Homeless Assistance Grants" for fis23 cal years 2015, 2016, 2017, 2018 and 2019 for the con24 tinuum of care (CoC) program as authorized under sub25 title C of title IV of the McKinney-Vento Homeless Assist- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONF\DivG-THUD.xml 173 1 ance Act, costs paid by program income of grant recipients 2 may count toward meeting the recipient's matching re3 quirements, provided the costs are eligible CoC costs that 4 supplement the recipient's CoC program. 5 SEC. 231. (a) From amounts made available under 6 this title under the heading ''Homeless Assistance 7 Grants", the Secretary may award 1-year transition 8 grants to recipients of funds for activities under subtitle 9 C of the McKinney-Vento Homeless Assistance Act (42 10 U.S.C. 11381 et seq.) to transition from one Continuum 11 of Care program component to another. 12 (b) No more than 50 percent of each transition gTant 13 may be used for costs of eligible activities of the program 14 component originally funded. 15 (c) Transition grants made under this section are eli- 16 gible for renewal in subsequent fiscal years for the eligible 17 activities of the new program component. 18 (d) In order to be eligible to receive a transition 19 gTant, the funding recipient must have the consent of the 20 Continuum of Care and meet standards determined by the 21 Secretary. 22 SEC. 232. None of the funds made available by this 23 Act may be used by the Department of Housing and 24 Urban Development to direct a grantee to undertake spe25 cific changes to existing zoning laws as part of carrying February 9, 2019 (2:15 p.m.) SEN. APPRO. "C:\2019CO~F\DiYG-TIIUD.xml 174 1 out the final rule entitled "Affirmatively Furthering Fair 2 Housing" (80 Fed. Reg. 42272 (July 16, 2015)) or the 3 notice entitled "Affirmatively Furthering Fair Housing 4 Assessment rrool" (79 Fed. Reg. 57949 (September 26, 5 2014)). 6 SEC. 233. Section 218(g) of the Cranston-Gonzalez 7 National Affordable Housing Act (42 U.S.C. 12748(g)) 8 shall not apply virith respect to the right of a jurisdiction 9 to draw funds from its HOlVIE Investment Trust Fund 10 that otherwise expired or would expire in 2016, 2017, 11 2018, 2019, 2020, or 2021 under that section. Section 12 231(b) of such Act (42 U.S.C. 12771(b)) shall not apply 13 to any uninvested funds that otherwise were deducted or 14 would be deducted from the line of credit in the partici- 15 pating jurisdiction's HOlVIE Investment Trust Fund in 16 2018, 2019, 2020, or 2021 under that section. 17 SEC. 234. Amounts made available in title II of divi- 18 sion K of the Consolidated Appropriations Resolution, 19 2003 (Public Law 108-7) under the heading "Indian 20 Housing Loan Guarantee Fund ProgTam Account" for 21 necessary expenses of the Land Title Report Commission 22 are rescinded. 23 SEC. 235. (a) AUTHORITY.-The Secretary of Hous- 24 ing and Urban Development (in this section referred to 25 as the "Secretary") may carry out a mobility demonstra- February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 175 1 tion program to enable public housing agencies to admin- 2 ister housing choice voucher assistance under section 8( o) 3 of the United States Housing Act of 1937 (42 U.S.C. 4 143 7f (o)) in a manner designed to encourage families re5 ceiving such voucher assistance to move to lower-poverty 6 areas and expand access to opportunity areas. 7 (b) SELECTION OF PHAs.- 8 (1) REQUIRElVIENTS.-The Secretary shall es- 9 tablish requirements for public housing agencies to 10 participate in the demonstration program under this 11 section, which shall provide that the following public 12 housing agencies may participate: 13 14 (A) Public housing agencies that to- gether- 15 (i) serve areas with high concentra- 16 tions of holders of rental assistance vouch- 17 ers under section 8( o) of the United States 18 Housing Act of 1937 (42 U.S.C. 1437f(o)) 19 m poor, low-opportunity neighborhoods; 20 and 21 (ii) have an adequate number of mod- 22 erately priced rental units in higher-oppor- 23 tunity areas. 24 (B) Planned consortia or partial consortia 25 February 9, 2019 (2: 15 p.m.) of public housing agencies that- U:\2019CONF\DiYG-THUD.xml SEK. APPRO. 176 1 (i) include at least one agency with a Family 2 high-performing 3 (FSS) pr06JTam; and Self-Sufficiency 4 (ii) will enable participating families 5 to continue in such program if they relo- 6 cate to the jurisdiction served by any other 7 agency of the consortium. 8 (C) Planned consortia or partial consortia 9 of public housing agencies that- 10 (i) serve jurisdictions within a single 11 region; 12 (ii) include one or more small agen- 13 cies; and 14 (iii) will consolidate mobility focused 15 operations. 16 (D) Such other public housing agencies as 17 the Secretary considers appropriate. 18 (2) SELECTION CRITERIA.-The Secretary shall 19 establish competitive selection criteria for public 20 housing agencies eligible under paragraph ( 1) to 21 participate in the demonstration progi·am under this 22 section. 23 (3) RANDOl\I SELECTION OF FAlVIILIES.-The 24 Secretary may require participating agencies to use 25 a randomized selection process to select among the February 9, 2019 (2:15 p.m.) SEN. APPRO. V:\2019CO"'.'JF\DivG-THCD.x:rnl 177 1 families eligible to receive mobility assistance under 2 the demonstration program. 3 (c) REGIONAL HOUSING MOBILITY PLAN .-rrhe Sec- 4 retary shall require each public housing agency applying 5 to participate in the demonstration program under this 6 section to submit a Regional Housing Mobility Plan (in 7 this section referred to as a "Plan"), which shall8 ( 1) identify the public housing agencies that 9 will participate under the Plan and the number of 10 vouchers each participating agency will make avail- 11 able out of their existing programs in connection 12 with the demonstration; 13 (2) identify any community-based organizations, 14 nonprofit organizations, businesses, and other enti- 15 ties that ,vill participate under the Plan and describe 16 the commitments for such participation made by 17 each such entity; 18 (3) identify any waivers or alternative reqmre- 19 ments under subparagraph (e) requested for the exe- 20 cution of the Plan; 21 (4) identify any specific actions that the public 22 housing agencies and other entities ,vill undertake to 23 accomplish the goals of the demonstration, which 24 shall include a comprehensive approach to enable a 25 successful transition to opportunity areas and may February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CON'F\DivG-THUD.xml 178 1 include counseling and continued support for fami- 2 lies; 3 (5) specify the criteria that the public housing 4 agencies would use to identify opportunity areas 5 under the plan; 6 ( 6) provide for establishment of priority and 7 preferences for participating families, including a 8 preference for families with young children, as such 9 term is defined by the Secretary, based on regional 10 11 housing needs and priorities; and (7) comply with any other requirements estab- 12 lished by the Secretary. 13 (d) FUNDING FOR MOBILITY-RELATED SERVICES.- 14 (1) USE OF ADMINISTRATIVE FEES.-Public 15 housing agencies participating in the demonstration 16 program under this section may use administrative 17 fees under section 8 (q) of the United States Housing 18 Act of 1937 (42 U.S.C. 1437f(q)), their administra- 19 tive fee reserves, and funding from private entities 20 to provide mobility-related services in connection 21 ·with the demonstration program, including services 22 such as counseling, portability coordination, landlord 23 outreach, security deposits, and administrative ac- 24 tivities associated with establishing and operating re- 25 gional mobility programs. February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.xrnl 179 1 (2) USE OF HOUSIKG ASSISTANCE FUNDS.- 2 Public housing agencies participating in the dem- 3 onstration under this section may use housing as- 4 sistance payments funds under section 8 (o) of the 5 United States Housing Act of 1937 (42 U.S.C. 6 1437f(o)) for security deposits if necessary to enable 7 families to lease units with vouchers in designated 8 opportunity areas. 9 (e) WAIVERS; ALTERNATIVE REQUIRElVIENTS.- 10 (1) WAIVERS.-rro allow for public housing 11 agencies to implement and administer their Regional 12 Housing Mobility Plans, the Secretary may waive or 13 specify alternative requirements for the following 14 provis10ns of the United States Housing Act of 15 1937: 16 (A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) 17 (relating to the term of a lease and mobility re- 18 quirements). 19 20 (B) Section 8(o)(l3)(C)(i) (relating to the public housing plan for an agency). 21 (C) Section 8(r)(2) (relating to the respon- 22 sibility of a public housing agency to administer 23 ported assistance). 24 (2) ALTERNATIVE REQUIRElVIENTS FOR CON- 25 SORTIA.-The Secretary shall provide alternative ad- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019COKF\DiYG-THUD.x:rnl 180 1 ministrative requirements for public housing agen- 2 cies in a selected region to- 3 4 (A) form a consortium that has a single housing choice voucher funding contract; or 5 (B) enter into a partial consortium to op- 6 erate all or portions of the Regional Housing 7 :Mobility Plan, which may include agencies par- 8 ticipating in the lVIoving To Work Demonstra- 9 tion program. 10 (3) EFFECTIVE DATE.-Any waiver or alter- 11 native requirements pursuant to this subsection shall 12 not take effect before the expiration of the 10-day 13 period beginning upon publication of notice of such 14 waiver or alternative requirement in the Federal 15 Register. 16 (f) llVIPLEl\IENTATION.-The Secretary may imple- 17 ment the demonstration, including its terms, procedures, 18 requirements, and conditions, by notice. 19 (g) EVALUATION.-Kot later than five years after im- 20 plementation of the regional housing mobility programs 21 under the demonstration program under this section, the 22 Secretary shall submit to the Congress and publish in the 23 Federal Register a report evaluating the effectiveness of 24 the strategies pursued under the demonstration, subject 25 to the availability of funding to conduct the evaluation. February 9, 2019 (2:15 p.m.) SE~. _APPRO. U:\2019COKF\DiYG-THUD.xml 181 1 Through official websites and other methods, the Sec- 2 retary shall disseminate interim findings as they become 3 available, and shall, if promising strategies are identified, 4 notify the Congress of the amount of funds that would 5 be required to expand the testing of these strategies in 6 additional types of public housing agencies and housing 7 markets. 8 (h) TERMINATI0N.-rl1he demonstration program 9 under this section shall terminate on October 1, 2028. 10 SEC. 236. Section 221 of the Department of Housing 11 and Urban Development Appropriations Act, 2015 (42 12 U.S.C. 1437f-1; Public Law 113-235; 128 Stat 2754) is 13 repealed. 14 SEC. 237. The Promise Zone designations and Prom- 15 1se Zone Designation Agreements entered into pursuant 16 to such designations, made by the Secretary of Housing 17 and Urban Development in prior fiscal years, shall remain 18 in effect in accordance with the terms and conditions of 19 such agreements. 20 SEC. 238. None of the funds made available by this 21 Act may be used to establish and apply review criteria, 22 including rating factors or preference points, for participa- 23 tion in or coordination with EnVision Centers, in the eval24 uation, selection, and award of any funds made available 25 and requiring competitive selection under this Act, except February 9, 2019 (2:15 p.m.) SEX APPRO. l:":\2019CO~F\DiYG-'l'IIUD.xml 182 1 with respect to any such funds otherwise authorized for 2 EnVision Center purposes under this Act. 3 This title may be cited as the ''Department of Hous- 4 ing and Urban Development Appropriations Act, 2019". February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019C0~1'1\DiYG-THUD.xml 183 1 TITLE III 2 RELATED AGENCIES 3 ACCESS BOARD 4 SALARIES AND EXPENSES 5 For expenses necessary for the Access Board, as au- 6 thorized by section 502 of the Rehabilitation Act of 1973, 7 as amended, $8,400,000: Provided, rrhat, notwithstanding 8 any other provision of law, there may be credited to this 9 appropriation funds received for publications and training 10 expenses. 11 FEDERAL MARITIME COl\IlVIISSIO~ 12 SALARIES AND EXPENSES 13 :B-,or necessary expenses of the Federal Maritime 14 Commission as authorized by section 201(d) of the lVIer15 chant :Marine Act, 1936, as amended (46 U .S.C. 307), in16 eluding services as authorized by 5 U.S.C. 3109; hire of 17 passenger motor vehicles as authorized by 31 U.S.C. 18 1343(b); and uniforms or allowances therefore, as author19 ized by 5 U.S.C. 5901-5902, $27,490,000: Provided, rrhat 20 not to exceed $2,000 shall be available for official recep- 21 tion and representation expenses. February 9, 2019 (2:15 p.m.) SEX APPRO. U:\2019C0I\'F\DiYG-THUD.xrnl 184 1 NATIONAL RAILROAD PASSENGER CORPORATION 2 OFFICE OF INSPECTOR GENERAL 3 SALARIES AND EXPENSES 4 For necessary expenses of the Office of Inspector 5 General for the National Railroad Passenger Corporation 6 to carry out the provisions of the Inspector General Act 7 of 1978, as amended, $23,274,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 10 as amended (5 U.S.C. App. 3), to investigate allegations 11 of fraud, including false statements to the government (18 12 U.S.C. 1001), by any person or entity that is subject to 13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 15 enter into contracts and other arrangements for audits, 16 studies, analyses, and other services with public agencies 17 and with private persons, subject to the applicable laws 18 and regulations that govern the obtaining of such services 19 ·within the National Railroad Passenger Corporation: Pro20 vided further, 'fhat the Inspector General may select, ap21 point, and employ such officers and employees as may be 22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: Pro- February 9, 2019 (2:15 p.m.) SEN. APPRO. "C:\2019CONF\Di-vG-THCD.xml 185 l videdfurther, That concurrent with the President's budget 2 request for fiscal year 2020, the Inspector General shall 3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2020 in similar 5 format and substance to those submitted by executive 6 agencies of the Federal Government. 7 NATIONAL TRAJ\'"SPORTATION SAFETY BOARD 8 SALARIES AND EXPENSES 9 For necessary expenses of the National Transpor- 10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 12 3109, but at rates for individuals not to exceed the per 13 diem rate equivalent to the rate for a GS-15; uniforms, 14 or allowances therefor, as authorized by law (5 U.S.C. 15 5901-5902), $110,400,000, of which not to exceed $2,000 16 may be used for official reception and representation ex17 penses. The amounts made available to the National 18 rrransportation Safety Board in this Act include amounts 19 necessary to make lease payments on an obligation m20 curred in fiscal year 2001 for a capital lease. 21 NEIGHBORHOOD REINVESTl\IENT CORPORATION 22 PAYMENT TO '!'HE NEIGHBORHOOD REINVESTMENT 23 CORPORATIOX 24 For payn1ent to the Neighborhood Reinvestment Cor- 25 poration for use in neighborhood reinvestment activities, February 9, 2019 (2:15 p.m.) SEK APPRO. "C:\2019CONF\DiYG-THUD.xrnl 186 1 as authorized by the Neighborhood Reinvestment Corpora- 2 tion Act (42 U.S.C. 8101-8107), $150,000,000, of which 3 $5,000,000 shall be for a multi-family rental housing pro4 gram: Provided, That an additional $2,000,000, to remain 5 available until September 30, 2023, shall be for the pro6 motion and development of shared equity housing models. 7 SURFACE TRA.~SPORrl'ATION BOARD 8 SALARIES AND EXPEKSES 9 For necessary expenses of the Surface Transpor- 10 tation Board, including services authorized by 5 U.S.C. 11 3109, $37,100,000: Provided, That notwithstanding any 12 other provision of law, not to exceed $1,250,000 from fees 13 established by the Chairman of the Surface Transpor14 tation Board shall be credited to this appropriation as off- 15 setting collections and used for necessary and authorized 16 expenses under this heading: Provided further, That the 17 sum herein appropriated from the general fund shall be 18 reduced on a dollar-for-dollar basis as such offsetting col19 lections are received during fiscal year 2019, to result in 20 a final appropriation from the general fund estimated at 21 no more than $35,850,000. February 9, 2019 (2:15 p.m.) SEN. APPRO. l::\2019CONF\DiYG-THUD.x:ml 187 1 U~'I'l'ED STATES lNTERAGENCY COUNCIL ON 2 HOlVIELESSNESS 3 OPERATING EXPENSES 4 For necessary expenses (including payment of sala- 5 ries, authorized travel, hire of passenger motor vehicles, 6 the rental of conference rooms, and the employment of ex- 7 perts and consultants under section 3109 of title 5, United 8 States Code) of the United States Interagency Council on 9 Homelessness in carrying out the functions pursuant to 10 title II of the Mc.Kinney-Vento Homeless Assistance Act, 11 as amended, $3,600,000: Provided, That the first proviso 12 in Public Law 115-141 under the heading "United States 13 Interagency Council on Homelessness-Operating Ex14 penses" is amended by striking "2020" and inserting 15 "2028". February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEK. APPRO. 188 1 TITLE IV 2 GENERAL PROVISIONS-THIS ACT 3 SEC. 401. None of the funds in this Act shall be used 4 for the planning or execution of any program to pay the 5 expenses of, or otherwise compensate, non-Federal parties 6 intervening in regulatory or adjudicatory proceedings 7 funded in this Act. 8 SEC. 402. None of the funds appropriated in this Act 9 shall remain available for obligation beyond the current 10 fiscal year, nor may any be transferred to other appropria- 11 tions, unless e:1..rpressly so provided herein. 12 SEC. 403. rrhe expenditure of any appropriation 13 under this Act for any consulting service through a pro14 curement contract pursuant to section 3109 of title 5, 15 United States Code, shall be limited to those contracts 16 where such expenditures are a matter of public record and 17 available for public inspection, except where otherwise pro18 vided under existing law, or under existing Executive order 19 issued pursuant to existing law. 20 SEC. 404. (a) None of the funds made available in 21 this Act may be obligated or expended for any employee 22 training that23 (1) does not meet identified needs for knowl- 24 edge, skills, and abilities bearing directly upon the 25 performance of official duties; February 9, 2019 (2:15 p.m.) SEN ..APPRO. U:\2019CONF\DiYG-THUD.x:ml 189 1 (2) contains elements likely to induce high lev- 2 els of emotional response or psychological stress in 3 some participants; 4 (3) does not require prior employee notification 5 of the content and methods to be used in the train- 6 ing and written end of course evaluation; 7 (4) contains any methods or content associated 8 with religious or quasi-religious belief systems or 9 "new age" belief systems as defined in Equal Em- 10 ployment Opportunity Commission 11 915.022, dated September 2, 1988; or Notice N- 12 (5) is offensive to, or designed to change, par- 13 ticipants' personal values or lifestyle outside the 14 workplace. 15 (b) Nothing in this section shall prohibit, restrict, or 16 otherwise preclude an agency from conducting training 17 bearing directly upon the performance of official duties. 18 SEC. 405. Except as otherwise provided in this Act, 19 none of the funds provided in this Act, provided by pre20 vious appropriations Acts to the agencies or entities fund21 ed in this Act that remain available for obligation or ex22 penditure in fiscal year 2019, or provided from any ac23 counts in the Treasury derived by the collection of fees 24 and available to the agencies funded by this Act, shall be February 9, 2019 (2:15 p.m.) l':\2019CONF\DiYG-THUD.A,nl SEN. APPRO. 190 1 available for obligation or expenditure through a re2 programming of funds that3 (1) creates a new program; 4 (2) eliminates a program, project, or activity; 5 (3) increases funds or personnel for any pro- 6 gram, project, or activity for which funds have been 7 denied or restricted by the Congress; 8 (4) proposes to use funds directed for a specific 9 activity by either the House or Senate Committees 10 on Appropriations for a different purpose; 11 ( 5) augments existing programs, projects, or ac- 12 tivities in excess of $5,000,000 or 10 percent, which- 13 ever is less; 14 (6) reduces existing progTams, projects, or ac- 15 tivities by $5,000,000 or 10 percent, whichever is 16 less; or 17 ( 7) creates, reorgamzes, or restructures a 18 branch, division, office, bureau, board, commission, 19 agency, administration, or department different from 20 the budget justifications submitted to the Commit- 21 tees on Appropriations or the table accompanying 22 the joint explanatory statement accompanying this 23 Act, whichever is more detailed, unless prior ap- 24 proval is received from the House and Senate Com- 25 mittees on Appropriations: Provided, 'l1hat not later February 9, 2019 (2:15 p.m.) SEK L\PPRO. "C:\2019CON"F\Di-vG-THUD.xml 191 1 than 60 days after the date of enactment of this 2 Act, each agency funded by this Act shall submit a 3 report to the Committees on Appropriations of the 4 Senate and of the House of Representatives to es- 5 tablish the baseline for application of reprogram- 6 ming and transfer authorities for the current fiscal 7 year: Provided further, That the report shall in- 8 clude- 9 (A) a table for each appropriation with a 10 separate column to display the prior year en- 11 acted level, the President's budget request, ad- 12 justments made by Congress, adjustments due 13 to enacted rescissions, if appropriate, and the 14 fiscal year enacted level; 15 (B) a delineation in the table for each ap- 16 propriation and its respective prior year enacted 17 level by object class and program, project, and 18 activity as detailed in this Act, the table accom- 19 parrying 20 parrying this Act, accompanying reports of the 21 House and Senate Committee on Appropria- 22 tions, or in the budget appendi.x for the respec- 23 tive appropriations, whichever is more detailed, 24 and shall apply to all items for which a dollar 25 amount is specified and to all programs for February 9, 2019 (2:15 p.m.) the explanatory statement accom- SEK. APPRO. U:\2019CONF\DiYG-THUD.xml 192 1 which new budget (obligational) authority is 2 provided, as well as to discretionary grants and 3 discretionary gTant allocations; and 4 5 6 (C) an identification of items of special congTessional interest. SEC. 406. Except as otherwise specifically provided 7 by law, not to exceed 50 percent of unobligated balances 8 remaining available at the end of fiscal year 2019 from 9 appropriations made available for salaries and expenses 10 for fiscal year 2019 in this Act, shall remain available 11 through September 30, 2020, for each such account for 12 the purposes authorized: Provided, That a request shall 13 be submitted to the House and Senate Committees on Ap14 propriations for approval prior to the expenditure of such 15 funds: Provided further, 'I1hat these requests shall be made 16 in compliance with reprogTamming guidelines under sec17 tion 405 of this Act. 18 SEC. 407. No funds in this Act may be used to sup- 19 port any Federal, State, or local projects that seek to use 20 the power of eminent domain, unless eminent domain is 21 employed only for a public use: Provided, That for pur- 22 poses of this section, public use shall not be construed to 23 include economic development that primarily benefits pri24 vate entities: Provided further, That any use of funds for 25 mass transit, railroad, February 9, 2019 (2:15 p.m.) airport, seaport or highway U:\2019CO~F\DivG-THUD.xml S1'JK. APPRO. 193 1 projects, as well as utility projects which benefit or serve 2 the general public (including energy-related, communica3 tion-related, water-related and wastewater-related infra4 structure), other structures designated for use by the gen- 5 eral public or which have other common-carrier or public6 utility functions that serve the general public and are sub7 ject to regulation and oversight by the government, and 8 projects for the removal of an immediate threat to public 9 health and safety or brownfields as defined in the Small 10 Business Liability Relief and Brownfields Revitalization 11 Act (Public Law 107-118) shall be considered a public 12 use for purposes of eminent domain. 13 SEC. 408. None of the funds made available in this 14 Act may be transferred to any department, agency, or in15 strumentality of the United States Government, except 16 pursuant to a transfer made by, or transfer authority pro17 vided in, this Act or any other appropriations Act. 18 SEC. 409. No part of any appropriation contained in 19 this Act shall be available to pay the salary for any person 20 filling a position, other than a temporary position, for21 merly held by an employee who has left to enter the Armed 22 Forces of the United States and has satisfactorily com23 plcted his or her period of active military or naval service, 24 and has within 90 days after his or her release from such 25 service or from hospitalization continuing after discharge February 9, 2019 (2:15 p.m.) S1'JN. APPRO. U:\2019CONF\DiYG-THl:'D.xml 194 1 for a period of not more than 1 year, made application 2 for restoration to his or her former position and has been 3 certified by the Office of Personnel Management as still 4 qualified to perform the duties of his or her former posi- 5 tion and has not been restored thereto. 6 SEC. 410. N"o funds appropriated pursuant to this 7 Act may be expended by an entity unless the entity agrees 8 that in eA'Pending the assistance the entity will comply 9 ,vith sections 2 through 4 of the Act of l\[arch 3, 1933 10 (41 U.S.C. 8301-8305, popularly known as the "Buy 11 American Act''). 12 SEC. 411. No funds appropriated or othenvise made 13 available under this Act shall be made available to any 14 person or entity that has been convicted of violating the 15 Buy American Act (41 U.S.C. 8301-8305). 16 SEC. 412. None of the funds made available in this 17 Act may be used for first-class airline accommodations in 18 contravention of sections 301-10.122 and 301-10.123 of 19 title 41, Code of Federal Regulations. 20 SEC. 413. (a) None of the funds made available by 21 this Act may be used to approve a new foreign air carrier 22 permit under sections 41301 through 41305 of title 49, 23 United States Code, or exemption application under sec24 tion 40109 of that title of an air carrier already holding 25 an air operators certificate issued by a country that is February 9, 2019 (2:15 p.m.) U:\2019COKI1'\Di,il-THUD.xml SEK. APPRO. 195 1 party to the U.S.-E.U.-Iceland-Korway Air rrransport 2 Agreement where such approval would contravene United 3 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor4 way Air Transport Agreement. 5 (b) Nothing in this section shall prohibit, restrict or 6 otherwise preclude the Secretary of Transportation from 7 granting a foreign air carrier permit or an exemption to 8 such an air carrier where such authorization is consistent 9 with the U.S.-E.U.-Iceland-Norway Air 'l1ransport Agree10 ment and United States law. 11 SEC. 414. None of the funds made available in this 12 Act may be used to send or otherwise pay for the attend13 ance of more than 50 employees of a single agency or de14 partment of the United States Government, who are sta15 tioned in the United States, at any single international 16 conference unless the relevant Secretary reports to the 17 House and Senate Committees on Appropriations at least 18 5 days in advance that such attendance is important to 19 the national interest: Provided, rrhat for purposes of this 20 section the term "international conference" shall mean a 21 conference occurring outside of the United States attended 22 by representatives of the United States Government and 23 of foreign governments, international organizations, or 24 nongovernmental organizations. February 9, 2019 (2:15 p.m.) U:\2019CONF\DiYG-THUD.xml SEN. APPRO. 196 1 SEC. 415. None of the funds appropriated or other- 2 wise made available under this Act may be used by the 3 Surface Transportation Board to charge or collect any fil4 ing fee for rate or practice complaints filed with the Board 5 in an amount in excess of the amount authorized for dis6 trict court civil suit filing fees under section 1914 of title 7 28, United States Code. 8 SEC. 416. None of the funds made available by this 9 Act may be used by the Department of Transportation, 10 the Department of Housing and Urban Development, or 11 any other Federal agency to lease or purchase new light 12 duty vehicles for any executive fleet, or for an agency's 13 fleet inventory, except in accordance with Presidential 14 Memorandum-Federal Fleet Performance, dated l\!Iay 15 24, 2011. 16 SEC. 417. (a) None of the funds made available in 17 this Act may be used to maintain or establish a computer 18 network unless such network blocks the viewing, 19 downloading, and exchanging of pornography. 20 (b) Nothing in subsection (a) shall limit the use of 21 funds necessary for any Federal, State, tribal, or local law 22 enforcement agency or any other entity carrying out crimi23 nal investigations, prosecution, or adjudication activities. 24 SEC. 418. (a) None of the funds made available in 25 this Act may be used to deny an Inspector General funded February 9, 2019 (2:15 p.m.) SE~. APPRO. e:\2019CONF\DivG-THUD.xml 197 1 under this Act timely access to any records, documents, 2 or other materials available to the department or agency 3 over which that Inspector General has responsibilities 4 under the Inspector General Act of 1978 (5 U.S.C. App.), 5 or to prevent or impede that Inspector General's access 6 to such records, documents, or other materials, under any 7 provision of law, except a provision of law that expressly 8 refers to the Inspector General and expressly limits the 9 Inspector General's right of access. 10 (b) A department or agency covered by this section 11 shall provide its Inspector General with access to all such 12 records, documents, and other materials in a timely man13 ner. 14 (c) Each Inspector General shall ensure compliance 15 ,vith statutory limitations on disclosure relevant to the in16 formation provided by the establishment over which that 17 Inspector General has responsibilities under the Inspector 18 General Act of 1978 (5 U.S.C. App.). 19 (d) Each Inspector General covered by this section 20 shall report to the Committees on Appropriations of the 21 House of Representatives and the Senate within 5 cal22 endar days any failures to comply with this requirement. 23 SEC. 419. None of the funds appropriated or other- 24 wise made available by this Act may be used to pay award 25 or incentive fees for contractors whose performance has February 9, 2019 (2:15 p.m.) SE:--J ..APPRO. U:\2019CONF\DiYG-THUD.xml 198 1 been judged to be below satisfactory, behind schedule, over 2 budget, or has failed to meet the basic requirements of 3 a contract, unless the Agency determines that any such 4 deviations are due to unforeseeable events, government- 5 driven scope changes, or are not significant within the 6 overall scope of the project and/or program unless such 7 awards or incentive fees are consistent ,vith 16.401(e)(2) 8 of the J1'AR. 9 SEC. 420. For an additional amount for the "Rail- 10 road Rehabilitation and Improvement Financing Pro11 gram" account for the cost of modifications, as defined 12 by section 502 of the Federal Credit Reform Act of 1990, 13 of direct loans issued pursuant to sections 501 through 14 504 of the Railroad Revitalization and Regulatory Reform 15 Act of 1976 (Public Law 94-210), as amended, and in16 eluded in cohort 1, as defined by the Department of 17 Transportation's memorandum to the Office of l\ianage18 ment and Budget dated November 5, 2018, $17,000,000, 19 to remain available until expended: Provided, That, for a 20 direct loan included in cohort 1, as defined in the memo21 randum described in the previous proviso, that has satis22 fied all obligations attached to such loan, the Secretary 23 shall repay the credit risk premiums of such loan, with 24 interest accrued thereon, not later than 60 days after the 25 enactment of this Act or, for a direct loan included in co- February 9, 2019 (2:15 p.m.) SEN. APPRO. U:\2019CONl<'\DiYG-THUD.x:ml 199 1 hort 1 ·with obligations that have not yet been satisfied, 2 not later than 60 days after the date on which all obliga3 tions attached to such loan have been satisfied. 4 SEC. 421. Section 127(1) of title 23, United States 5 Code, is amended by adding at the end the following: 6 "(3) ADDITIONAL HIGHWAY SEGl\IEKTS.- 7 "(A) IN GENERAL.-If any segment of 8 highway described in clause (i) or (ii) of this 9 subparagraph is designated as a route of the 10 Interstate System, a vehicle that could operate 11 legally on that segment before the date of such 12 designation may continue to operate on that 13 segment, ·without regard to any requirement 14 under subsection (a), except that such vehicle 15 shall not exceed a gross vehicle weight of 16 120,000 pounds. The highway segments re- 17 ferred to in this paragraph are as follows: 18 "(i) The William H. Natcher Parkway 19 (to be designated as a spur of Interstate 20 Route 65) from Interstate Route 65 in 21 Bowling 22 States Route 60 in Owensboro, Kentucky. 23 "(ii) 'I1he Julian M. Carroll (Pur- 24 chase) Parkway (to be designated as Inter- 25 state Route 69) in Kentucky from the Ten- February 9, 2019 (2:15 p.m.) Green, Kentucky, to United U :\2019CO ~F\DiYG-THUD .x:ml SEN. APPRO. 200 1 nessee state line to the interchange with 2 Interstate Route 24, near Calvert City. 3 "(B) NONDIVISIBLE LOAD OR ·vEHICLE.- 4 Nothing in this paragraph shall prohibit the 5 State from issuing a permit for a nondivisible 6 load or vehicle with a gToss vehicle weight that 7 exceeds 120,000 pounds.". 8 SEC. 422. Section 127(s) of title 23, United States 9 Code, is amended10 (1) by striking the subsection heading and in- 11 serting the following: "(s) NATURAL GAS 12 TRIC BATTERY VEHICLES"; AND ELEC- 13 (2) by inserting "or powered primarily by 14 means of electric battery power" after the first time 15 "natural gas" appears; 16 (3) by striking "any vehicle weight limit" and 17 inserting "the weight limit on the power unit by up 18 to 2,000 pounds"; and 19 (4) by striking all that follows after "under this 20 section" and inserting a period after "section". 21 SEC. 423. Section 31112(c) of title 49, United States 22 Code, is amended23 24 February 9, 2019 (2:15 p.m.) (1) in the subsection heading by striking KANSAS" and inserting "KANSAS, AND "AND OREGON"; SEN. APPRO. "C:\2019CONF\DiYG-THUD.xml 201 (2) in paragTaph (4) by striking "and" at the 1 2 3 4 end; (3) in paragraph (5) by striking the period at the end and inserting ''; and''; and 5 (4) by adding at the end the following: 6 "(6) Oregon may allow the operation of a truck 7 tractor and 2 property-carrying units not in actual 8 lawful operation on a regular or periodic basis on 9 June 1, 1991, if- 10 11 12 13 "(A) the length of the property-carrying units does not exceed 82 feet 8 inches; "(B) the combination is used only to trans- port sugar beets; and 14 "(C) the operation occurs on United States 15 Route 20, United States Route 26, United 16 States Route 30, or Oregon Route 201 in the 17 vicinity, or between any, of- 18 "(i) Vale, Oregon; 19 "(ii) Ontario, Oregon; or 20 "(iii) Nyssa, Oregon.". 21 This division may be cited as the "Transportation, 22 Housing and Urban Development, and Related Agencies 23 Appropriations Act, 2019". February 9, 2019 (2:15 p.m.)