[Pages S5134-S5219]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TEXT OF AMENDMENTS
SA 3399. Mr. SHELBY proposed an amendment to the bill H.R. 6147,
making appropriations for the Department of the Interior, environment,
and related agencies for the fiscal year ending September 30, 2019, and
for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as ``Interior, Environment, Financial
Services and General Government, Agriculture, Rural
Development, Food and Drug Administration, and
Transportation, Housing and Urban Development Appropriations
Act, 2019''.
SEC. 2. REFERENCES TO ACT.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 3. REFERENCES TO REPORT.
(a) Any reference to a ``report accompanying this Act''
contained in division A shall be treated as a reference to
Senate Report 115-276. The effect of such Report shall be
limited to division A and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division A.
(b) Any reference to a ``report accompanying this Act''
contained in division B shall be treated as a reference to
Senate Report 115-281. The effect of such Report shall be
limited to division B and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division B.
(c) Any reference to a ``report accompanying this Act''
contained in division C shall be treated as a reference to
Senate Report 115-259. The effect of such Report shall be
limited to division C and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division C.
(d) Any reference to a ``report accompanying this Act''
contained in division D shall be treated as a reference to
Senate Report 115-268. The effect of such Report shall be
limited to division D and shall apply for purposes of
determining the allocation of funds provided by, and the
implementation of, division D.
DIVISION A--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Department of the Interior, environment, and related agencies
for the fiscal year ending September 30, 2019, and for other
purposes, namely:
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification,
acquisition of easements and other interests in lands, and
performance of other functions, including maintenance of
facilities, as authorized by law, in the management of lands
and their resources under the jurisdiction of the Bureau of
Land Management, including the general administration of the
Bureau, and assessment of mineral potential of public lands
pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C.
3150(a)), $1,196,143,000, to remain available until expended,
including all such amounts as are collected from permit
processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral
Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses
associated with the processing of oil and gas applications
for permits to drill and related use of authorizations.
In addition, $39,696,000 is for Mining Law Administration
program operations, including the cost of administering the
mining claim fee program, to remain available until expended,
to be reduced by amounts collected by the Bureau and credited
to this appropriation from mining claim maintenance fees and
location fees that are hereby authorized for fiscal year
2019, so as to result in a final appropriation estimated at
not more than $1,196,143,000, and $2,000,000, to remain
available until expended, from communication site rental fees
established by the Bureau for the cost of administering
communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94-579, including administrative
expenses and acquisition of lands or waters, or interests
therein, $26,016,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended.
oregon and california grant lands
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other
improvements on the revested Oregon and California Railroad
grant lands, on other Federal lands in the Oregon and
California land-grant counties of Oregon, and on adjacent
rights-of-way; and acquisition of lands or interests therein,
including existing connecting roads on or adjacent to such
grant lands; $106,543,000, to remain available until
expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested
Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and
shall be transferred to the General Fund in the Treasury in
accordance with the second paragraph of subsection (b) of
title II of the Act of August 28, 1937 (43 U.S.C. 2605).
range improvements
For rehabilitation, protection, and acquisition of lands
and interests therein, and improvement of Federal rangelands
pursuant to section 401 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1751), notwithstanding any
other Act, sums equal to 50 percent of all moneys received
during the prior fiscal year under sections 3 and 15 of the
Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and
mineral leasing receipts from Bankhead-Jones lands
transferred to the Department of the Interior pursuant to
law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be
available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to
processing application documents and other authorizations for
use and disposal of public lands and resources, for costs of
providing copies of official public land documents, for
monitoring construction, operation, and termination of
facilities in conjunction with use authorizations, and for
rehabilitation of damaged property, such amounts as may be
collected under Public Law 94-579 (43 U.S.C. 1701 et seq.),
and under section 28 of the Mineral Leasing Act (30 U.S.C.
185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section
305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys
that have been or will be received pursuant to that section,
whether as a result of forfeiture, compromise, or settlement,
if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be
expended under the authority of this Act by the Secretary to
improve, protect, or rehabilitate any public lands
administered through the Bureau of Land Management which have
been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action
are used on the exact lands damaged which led to the action:
Provided further, That any such moneys that are in excess of
amounts needed to repair damage to the exact land for which
funds were collected may be used to repair other damaged
public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as
may be contributed under section 307 of Public Law 94-579 (43
U.S.C. 1737), and such amounts as may be advanced for
administrative costs, surveys, appraisals, and costs of
making conveyances of omitted lands under section 211(b) of
that Act (43 U.S.C. 1721(b)), to remain available until
expended.
administrative provisions
The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements
with public and private entities, including with States.
Appropriations for the Bureau shall be available for
purchase, erection, and dismantlement of temporary
structures, and alteration and maintenance of necessary
buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the
discretion of the Secretary, for information or evidence
concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement
activities authorized or approved by the Secretary and to be
accounted for solely on the Secretary's certificate, not to
exceed $10,000: Provided, That notwithstanding Public Law
90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law,
procure printing services from cooperators in connection with
jointly produced publications for which the cooperators share
the cost of printing either in cash or in services, and the
Bureau determines the cooperator is capable of meeting
accepted quality standards: Provided further, That projects
to be funded pursuant to a written commitment by a State
government to provide an identified amount of money in
support of the project may be carried out by the Bureau on a
reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its
contractors or for the sale of wild horses and burros that
results in their destruction for processing into commercial
products.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and
Wildlife Service, as authorized by law, and for scientific
and economic studies, general administration, and for the
performance of other authorized functions related to such
resources, $1,292,067,000, to remain available until
September 30, 2020: Provided, That not to exceed $17,818,000
shall be
[[Page S5135]]
used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C.
1533) (except for processing petitions, developing and
issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)).
construction
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation,
management, investigation, protection, and utilization of
fish and wildlife resources, and the acquisition of lands and
interests therein; $50,413,000, to remain available until
expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the
United States Fish and Wildlife Service, $45,189,000, to be
derived from the Land and Water Conservation Fund and to
remain available until expended: Provided, That none of the
funds appropriated for specific land acquisition projects may
be used to pay for any administrative overhead, planning or
other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the
Endangered Species Act of 1973 (16 U.S.C. 1535), $49,495,000,
to remain available until expended, of which $18,695,000 is
to be derived from the Cooperative Endangered Species
Conservation Fund; and of which $30,800,000 is to be derived
from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the
North American Wetlands Conservation Act (16 U.S.C. 4401 et
seq.), $43,000,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical
Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.),
$3,910,000, to remain available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301
et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C.
6301 et seq.), and the Marine Turtle Conservation Act of 2004
(16 U.S.C. 6601 et seq.), $12,061,000, to remain available
until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, the Northern Mariana Islands, American Samoa,
and Indian tribes under the provisions of the Fish and
Wildlife Act of 1956 and the Fish and Wildlife Coordination
Act, for the development and implementation of programs for
the benefit of wildlife and their habitat, including species
that are not hunted or fished, $65,571,000, to remain
available until expended: Provided, That of the amount
provided herein, $4,209,000 is for a competitive grant
program for Indian tribes not subject to the remaining
provisions of this appropriation: Provided further, That
$6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other
jurisdictions and at the discretion of affected States, the
regional Associations of fish and wildlife agencies, not
subject to the remaining provisions of this appropriation:
Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District
of Columbia and to the Commonwealth of Puerto Rico, each a
sum equal to not more than one-half of 1 percent thereof; and
(2) to Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall
apportion the remaining amount in the following manner: (1)
one-third of which is based on the ratio to which the land
area of such State bears to the total land area of all such
States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total
population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted
equitably so that no State shall be apportioned a sum which
is less than 1 percent of the amount available for
apportionment under this paragraph for any fiscal year or
more than 5 percent of such amount: Provided further, That
the Federal share of planning grants shall not exceed 75
percent of the total costs of such projects and the Federal
share of implementation grants shall not exceed 65 percent of
the total costs of such projects: Provided further, That the
non-Federal share of such projects may not be derived from
Federal grant programs: Provided further, That any amount
apportioned in 2019 to any State, territory, or other
jurisdiction that remains unobligated as of September 30,
2020, shall be reapportioned, together with funds
appropriated in 2021, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure,
contracts, grants, cooperative agreements and reimbursable
agreements with public and private entities. Appropriations
and funds available to the United States Fish and Wildlife
Service shall be available for repair of damage to public
roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land
at not to exceed $1 for each option; facilities incident to
such public recreational uses on conservation areas as are
consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities
under the jurisdiction of the Service and to which the United
States has title, and which are used pursuant to law in
connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C.
501, the Service may, under cooperative cost sharing and
partnership arrangements authorized by law, procure printing
services from cooperators in connection with jointly produced
publications for which the cooperators share at least one-
half the cost of printing either in cash or services and the
Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the
Service may accept donated aircraft as replacements for
existing aircraft: Provided further, That notwithstanding 31
U.S.C. 3302, all fees collected for non-toxic shot review and
approval shall be deposited under the heading ``United States
Fish and Wildlife Service--Resource Management'' and shall be
available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot
type or coating applications and revising regulations as
necessary, and shall remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the
National Park Service and for the general administration of
the National Park Service, $2,500,369,000, of which
$10,032,000 for planning and interagency coordination in
support of Everglades restoration and $141,961,000 for
maintenance, repair, or rehabilitation projects for
constructed assets and $149,075,000 for cyclic maintenance
projects for constructed assets shall remain available until
September 30, 2020: Provided, That funds appropriated under
this heading in this Act are available for the purposes of
section 5 of Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs,
natural programs, cultural programs, heritage partnership
programs, environmental compliance and review, international
park affairs, and grant administration, not otherwise
provided for, $64,138,000.
historic preservation fund
For expenses necessary in carrying out the National
Historic Preservation Act (division A of subtitle III of
title 54, United States Code), $88,910,000, to be derived
from the Historic Preservation Fund and to remain available
until September 30, 2020: Provided, That of the funds
provided for the Historic Preservation Fund, $500,000 is for
competitive grants for the survey and nomination of
properties to the National Register of Historic Places and as
National Historic Landmarks associated with communities
currently under-represented, as determined by the Secretary,
$13,000,000 is for competitive grants to preserve the sites
and stories of the Civil Rights movement, $5,000,000 is for
grants to Historically Black Colleges and Universities, and
$5,000,000 is for competitive grants for the restoration of
historic properties of national, State and local significance
listed on or eligible for inclusion on the National Register
of Historic Places, to be made without imposing the usage or
direct grant restrictions of section 101(e)(3) (54 U.S.C.
302904) of the National Historical Preservation Act:
Provided further, That such competitive grants shall be made
without imposing the matching requirements in section
302902(b)(3) of title 54, United States Code, to States and
Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including
Certified Local Governments, and non-profit organizations.
construction
For construction, improvements, repair, or replacement of
physical facilities, and compliance and planning for programs
and areas administered by the National Park Service,
$364,704,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, for any
project initially funded in fiscal year 2019 with a future
phase indicated in the National Park Service 5-Year Line Item
Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided further,
That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232-18: Provided
further, That National Park Service Donations, Park
Concessions Franchise Fees, and Recreation Fees may be made
available for the cost of adjustments and changes within the
original scope
[[Page S5136]]
of effort for projects funded by the National Park Service
Construction appropriation: Provided further, That the
Secretary of the Interior shall consult with the Committees
on Appropriations, in accordance with current reprogramming
thresholds, prior to making any charges authorized by this
section.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title
54, United States Code, including administrative expenses,
and for acquisition of lands or waters, or interest therein,
in accordance with the statutory authority applicable to the
National Park Service, $174,444,000, to be derived from the
Land and Water Conservation Fund and to remain available
until expended, of which $124,006,000 is for the State
assistance program and of which $15,000,000 shall be for the
American Battlefield Protection Program grants as authorized
by chapter 3081 of title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of
section 101701 of title 54, United States Code, relating to
challenge cost share agreements, $23,000,000, to remain
available until expended, for Centennial Challenge projects
and programs: Provided, That not less than 50 percent of the
total cost of each project or program shall be derived from
non-Federal sources in the form of donated cash, assets, or a
pledge of donation guaranteed by an irrevocable letter of
credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2)
of title 54, United States Code, franchise fees credited to a
sub-account shall be available for expenditure by the
Secretary, without further appropriation, for use at any unit
within the National Park System to extinguish or reduce
liability for Possessory Interest or leasehold surrender
interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee
receipts over the term of the contract at that unit exceed
the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to
the sub-account of the originating unit over a period not to
exceed the term of a single contract at the benefitting unit,
in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water
Conservation Fund grants authorized by section 105(a)(2)(B)
of the Gulf of Mexico Energy Security Act of 2006 (Public Law
109-432), the National Park Service may retain up to 3
percent of the amounts which are authorized to be disbursed
under such section, such retained amounts to remain available
until expended.
National Park Service funds may be transferred to the
Federal Highway Administration (FHWA), Department of
Transportation, for purposes authorized under 23 U.S.C. 204.
Transfers may include a reasonable amount for FHWA
administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological
Survey to perform surveys, investigations, and research
covering topography, geology, hydrology, biology, and the
mineral and water resources of the United States, its
territories and possessions, and other areas as authorized by
43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to
power permittees and Federal Energy Regulatory Commission
licensees; administer the minerals exploration program (30
U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30
U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,148,457,000, to
remain available until September 30, 2020; of which
$84,337,000 shall remain available until expended for
satellite operations; and of which $15,164,000 shall be
available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided,
That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private
property, unless specifically authorized in writing by the
property owner: Provided further, That no part of this
appropriation shall be used to pay more than one-half the
cost of topographic mapping or water resources data
collection and investigations carried on in cooperation with
States and municipalities.
administrative provisions
From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary
shall be available for contracting for the furnishing of
topographic maps and for the making of geophysical or other
specialized surveys when it is administratively determined
that such procedures are in the public interest; construction
and maintenance of necessary buildings and appurtenant
facilities; acquisition of lands for gauging stations,
observation wells, and seismic equipment; expenses of the
United States National Committee for Geological Sciences; and
payment of compensation and expenses of persons employed by
the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts:
Provided, That activities funded by appropriations herein
made may be accomplished through the use of contracts,
grants, or cooperative agreements as defined in section 6302
of title 31, United States Code: Provided further, That the
United States Geological Survey may enter into contracts or
cooperative agreements directly with individuals or
indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or
intermittent services of students or recent graduates, who
shall be considered employees for the purpose of chapters 57
and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of
title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting and administering
leases, easements, rights-of-way and agreements for use for
oil and gas, other minerals, energy, and marine-related
purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for
environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or
Secretarial delegation; and for matching grants or
cooperative agreements, $179,266,000, of which $129,450,000
is to remain available until September 30, 2020, and of which
$49,816,000 is to remain available until expended: Provided,
That this total appropriation shall be reduced by amounts
collected by the Secretary and credited to this appropriation
from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost
recovery fees from activities conducted by the Bureau of
Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis,
and miscellaneous administrative activities: Provided
further, That the sum herein appropriated shall be reduced as
such collections are received during the fiscal year, so as
to result in a final fiscal year 2019 appropriation estimated
at not more than $129,450,000: Provided further, That not to
exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup
activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For expenses necessary for the regulation of operations
related to leases, easements, rights-of-way and agreements
for use for oil and gas, other minerals, energy, and marine-
related purposes on the Outer Continental Shelf, as
authorized by law; for enforcing and implementing laws and
regulations as authorized by law and to the extent provided
by Presidential or Secretarial delegation; and for matching
grants or cooperative agreements, $145,475,000, of which
$121,351,000 is to remain available until September 30, 2020,
and of which $24,124,000 is to remain available until
expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993,
and from cost recovery fees from activities conducted by the
Bureau of Safety and Environmental Enforcement pursuant to
the Outer Continental Shelf Lands Act, including studies,
assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
appropriated shall be reduced as such collections are
received during the fiscal year, so as to result in a final
fiscal year 2019 appropriation estimated at not more than
$121,351,000.
For an additional amount, $41,765,000, to remain available
until expended, to be reduced by amounts collected by the
Secretary and credited to this appropriation, which shall be
derived from non-refundable inspection fees collected in
fiscal year 2019, as provided in this Act: Provided, That to
the extent that amounts realized from such inspection fees
exceed $41,765,000, the amounts realized in excess of
$41,765,000 shall be credited to this appropriation and
remain available until expended: Provided further, That for
fiscal year 2019, not less than 50 percent of the inspection
fees expended by the Bureau of Safety and Environmental
Enforcement will be used to fund personnel and mission-
related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the
Outer Continental Shelf pursuant to the Outer Continental
Shelf Lands Act (43 U.S.C. 1331 et seq.), including the
review of applications for permits to drill.
oil spill research
For necessary expenses to carry out title I, section 1016,
title IV, sections 4202 and 4303, title VII, and title VIII,
section 8201 of the Oil Pollution Act of 1990, $12,700,000,
which shall be derived from the Oil Spill Liability Trust
Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the
Surface Mining Control and Reclamation Act of 1977, Public
Law 95-87, $114,900,000, to remain available until September
30, 2020: Provided, That appropriations for the Office of
Surface Mining Reclamation and Enforcement may provide for
[[Page S5137]]
the travel and per diem expenses of State and tribal
personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce
permits issued by the Office pursuant to section 507 of
Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain
available until expended: Provided, That fees assessed and
collected by the Office pursuant to such section 507 shall be
credited to this account as discretionary offsetting
collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general
fund shall be reduced as collections are received during the
fiscal year, so as to result in a fiscal year 2019
appropriation estimated at not more than $114,900,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$22,952,000, to be derived from receipts of the Abandoned
Mine Reclamation Fund and to remain available until expended:
Provided, That pursuant to Public Law 97-365, the Department
of the Interior is authorized to use up to 20 percent from
the recovery of the delinquent debt owed to the United States
Government to pay for contracts to collect these debts:
Provided further, That funds made available under title IV of
Public Law 95-87 may be used for any required non-Federal
share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration
related to treatment or abatement of acid mine drainage from
abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface
Mining Control and Reclamation Act: Provided further, That
amounts provided under this heading may be used for the
travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, $115,000,000, to remain available until
expended, for grants to States and federally recognized
Indian Tribes for reclamation of abandoned mine lands and
other related activities in accordance with the terms and
conditions in the report accompanying this Act: Provided,
That such additional amount shall be used for economic and
community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233(a)): Provided further, That of
such additional amount, $75,000,000 shall be distributed in
equal amounts to the 3 Appalachian States with the greatest
amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section, $30,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with
the subsequent greatest amount of unfunded needs to meet such
priorities, and $10,000,000 shall be for grants to federally
recognized Indian Tribes without regard to their status as
certified or uncertified under the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation
of abandoned mine lands and other related activities in
accordance with the terms and conditions in the report
accompanying this Act and shall be used for economic and
community development in conjunction with the priorities in
section 403(a) of the Surface Mining Control and Reclamation
Act of 1977: Provided further, That such additional amount
shall be allocated to States and Indian Tribes within 60 days
after the date of enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian
programs, as authorized by law, including the Snyder Act of
November 2, 1921 (25 U.S.C. 13), the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5301 et seq.), the Education Amendments of 1978 (25 U.S.C.
2001-2019), and the Tribally Controlled Schools Act of 1988
(25 U.S.C. 2501 et seq.), $2,403,890,000, to remain available
until September 30, 2020, except as otherwise provided
herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$76,000,000 shall be for welfare assistance payments:
Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided
herein, to provide for disaster relief to Indian communities
affected by the disaster: Provided further, That federally
recognized Indian tribes and tribal organizations of
federally recognized Indian tribes may use their tribal
priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $680,673,000 for school
operations costs of Bureau-funded schools and other education
programs shall become available on July 1, 2019, and shall
remain available until September 30, 2020: Provided further,
That not to exceed $54,174,000 shall remain available until
expended for housing improvement, road maintenance, attorney
fees, litigation support, land records improvement, and the
Navajo-Hopi Settlement Program: Provided further, That
notwithstanding any other provision of law, including but not
limited to the Indian Self-Determination Act of 1975 (25
U.S.C. 5301 et seq.) and section 1128 of the Education
Amendments of 1978 (25 U.S.C. 2008), not to exceed
$81,036,000 within and only from such amounts made available
for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1,
2019: Provided further, That any forestry funds allocated to
a federally recognized tribe which remain unobligated as of
September 30, 2020, may be transferred during fiscal year
2021 to an Indian forest land assistance account established
for the benefit of the holder of the funds within the
holder's trust fund account: Provided further, That any such
unobligated balances not so transferred shall expire on
September 30, 2021: Provided further, That in order to
enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles
of clothing for personnel.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Bureau of Indian Affairs for fiscal year 2019, such sums
as may be necessary, which shall be available for obligation
through September 30, 2020: Provided, That notwithstanding
any other provision of law, no amounts made available under
this heading shall be available for transfer to another
budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other
facilities, including architectural and engineering services
by contract; acquisition of lands, and interests in lands;
and preparation of lands for farming, and for construction of
the Navajo Indian Irrigation Project pursuant to Public Law
87-483; $359,419,000, to remain available until expended:
Provided, That such amounts as may be available for the
construction of the Navajo Indian Irrigation Project may be
transferred to the Bureau of Reclamation: Provided further,
That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway
Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds
provided for the Safety of Dams program pursuant to the Act
of November 2, 1921 (25 U.S.C. 13), shall be made available
on a nonreimbursable basis: Provided further, That for
fiscal year 2019, in implementing new construction,
replacement facilities construction, or facilities
improvement and repair project grants in excess of $100,000
that are provided to grant schools under Public Law 100-297,
the Secretary of the Interior shall use the Administrative
and Audit Requirements and Cost Principles for Assistance
Programs contained in part 12 of title 43, Code of Federal
Regulations, as the regulatory requirements: Provided
further, That such grants shall not be subject to section
12.61 of title 43, Code of Federal Regulations; the Secretary
and the grantee shall negotiate and determine a schedule of
payments for the work to be performed: Provided further,
That in considering grant applications, the Secretary shall
consider whether such grantee would be deficient in assuring
that the construction projects conform to applicable building
standards and codes and Federal, tribal, or State health and
safety standards as required by section 1125(b) of title XI
of Public Law 95-561 (25 U.S.C. 2005(b)), with respect to
organizational and financial management capabilities:
Provided further, That if the Secretary declines a grant
application, the Secretary shall follow the requirements
contained in section 5206(f) of Public Law 100-297 (25 U.S.C.
2504(f)): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in section 5208(e) of Public Law
107-110 (25 U.S.C. 2507(e)): Provided further, That in order
to ensure timely completion of construction projects, the
Secretary may assume control of a project and all funds
related to the project, if, within 18 months of the date of
enactment of this Act, any grantee receiving funds
appropriated in this Act or in any prior Act, has not
completed the planning and design phase of the project and
commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the
Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion
needed in agency offices to meet trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements
pursuant to Public Laws 99-264, 100-580, 101-618, 111-11,
111-291, and 114-322, and for implementation of other land
and water rights settlements, $55,457,000, to remain
available until expended: Provided, That the Secretary shall
make payments in such amounts as necessary to satisfy the
total authorized amount for the Navajo Nation Water Rights
Trust Fund.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans,
$9,279,000, of which $1,252,000 is for administrative
expenses, as authorized by the Indian Financing Act of 1974:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
these funds are
[[Page S5138]]
available to subsidize total loan principal, any part of
which is to be guaranteed or insured, not to exceed
$123,565,389.
administrative provisions
The Bureau of Indian Affairs may carry out the operation of
Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in
cooperation with States and other organizations.
Notwithstanding Public Law 87-279 (25 U.S.C. 15), the
Bureau of Indian Affairs may contract for services in support
of the management, operation, and maintenance of the Power
Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Affairs for central office
oversight and Executive Direction and Administrative Services
(except executive direction and administrative services
funding for Tribal Priority Allocations, regional offices,
and facilities operations and maintenance) shall be available
for contracts, grants, compacts, or cooperative agreements
with the Bureau of Indian Affairs under the provisions of the
Indian Self-Determination Act or the Tribal Self-Governance
Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made
available by this Act to the Bureau of Indian Affairs, this
action shall not diminish the Federal Government's trust
responsibility to that tribe, or the government-to-government
relationship between the United States and that tribe, or
that tribe's ability to access future appropriations.
Notwithstanding any other provision of law, no funds
available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools
under 25 U.S.C. 452 et seq., shall be available to support
the operation of any elementary or secondary school in the
State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or
dormitory beyond the grade structure in place or approved by
the Secretary of the Interior at each school in the Bureau of
Indian Education school system as of October 1, 1995, except
that the Secretary of the Interior may waive this prohibition
to support expansion of up to one additional grade when the
Secretary determines such waiver is needed to support
accomplishment of the mission of the Bureau of Indian
Education, or more than one grade to expand the elementary
grade structure for Bureau-funded schools with a K-2 grade
structure on October 1, 1996. Appropriations made available
in this or any prior Act for schools funded by the Bureau
shall be available, in accordance with the Bureau's funding
formula, only to the schools in the Bureau school system as
of September 1, 1996, and to any school or school program
that was reinstated in fiscal year 2012. Funds made available
under this Act may not be used to establish a charter school
at a Bureau-funded school (as that term is defined in section
1141 of the Education Amendments of 1978 (25 U.S.C. 2021)),
except that a charter school that is in existence on the date
of the enactment of this Act and that has operated at a
Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school
pays to the Bureau a pro rata share of funds to reimburse the
Bureau for the use of the real and personal property
(including buses and vans), the funds of the charter school
are kept separate and apart from Bureau funds, and the Bureau
does not assume any obligation for charter school programs of
the State in which the school is located if the charter
school loses such funding. Employees of Bureau-funded schools
sharing a campus with a charter school and performing
functions related to the charter school's operation and
employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United
States Code.
Notwithstanding any other provision of law, including
section 113 of title I of appendix C of Public Law 106-113,
if in fiscal year 2003 or 2004 a grantee received indirect
and administrative costs pursuant to a distribution formula
based on section 5(f) of Public Law 101-301, the Secretary
shall continue to distribute indirect and administrative cost
funds to such grantee using the section 5(f) distribution
formula.
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as
of September 1, 1996, except that the Secretary may waive
this prohibition in order for an Indian tribe to provide
language and cultural immersion educational programs for non-
public schools located within the jurisdictional area of the
tribal government which exclusively serve tribal members, do
not include grades beyond those currently served at the
existing Bureau-funded school, provide an educational
environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety
standards, and the Americans with Disabilities Act, and
demonstrate the benefits of establishing operations at a
satellite location in lieu of incurring extraordinary costs,
such as for transportation or other impacts to students such
as those caused by busing students extended distances:
Provided, That no funds available under this Act may be used
to fund operations, maintenance, rehabilitation, construction
or other facilities-related costs for such assets that are
not owned by the Bureau: Provided further, That the term
``satellite school'' means a school location physically
separated from the existing Bureau school by more than 50
miles but that forms part of the existing school in all other
respects.
Departmental Offices
Office of the Secretary
departmental operations
(including transfer of funds)
For necessary expenses for management of the Department of
the Interior and for grants and cooperative agreements, as
authorized by law, $134,673,000, to remain available until
September 30, 2020; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which
up to $1,000,000 shall be available for workers compensation
payments and unemployment compensation payments associated
with the orderly closure of the United States Bureau of
Mines; and of which $9,000,000 for the Office of Valuation
Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended;
and of which $9,704,000 for Indian land, mineral, and
resource valuation activities shall remain available until
expended: Provided, That funds for Indian land, mineral, and
resource valuation activities may, as needed, be transferred
to and merged with the Bureau of Indian Affairs and Bureau of
Indian Education ``Operation of Indian Programs'' account and
the Office of the Special Trustee for American Indians
``Federal Trust Programs'' account: Provided further, That
funds made available through contracts or grants obligated
during fiscal year 2019, as authorized by the Indian Self-
Determination Act of 1975 (25 U.S.C. 5301 et seq.), shall
remain available until expended by the contractor or grantee.
administrative provisions
For fiscal year 2019, up to $400,000 of the payments
authorized by chapter 69 of title 31, United States Code, may
be retained for administrative expenses of the Payments in
Lieu of Taxes Program: Provided, That the amounts provided
under this Act specifically for the Payments in Lieu of Taxes
program are the only amounts available for payments
authorized under chapter 69 of title 31, United States Code:
Provided further, That in the event the sums appropriated for
any fiscal year for payments pursuant to this chapter are
insufficient to make the full payments authorized by that
chapter to all units of local government, then the payment to
each local government shall be made proportionally: Provided
further, That the Secretary may make adjustments to payment
to individual units of local government to correct for prior
overpayments or underpayments: Provided further, That no
payment shall be made pursuant to that chapter to otherwise
eligible units of local government if the computed amount of
the payment is less than $100.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under
the jurisdiction of the Department of the Interior and other
jurisdictions identified in section 104(e) of Public Law 108-
188, $100,688,000, of which: (1) $91,240,000 shall remain
available until expended for territorial assistance,
including general technical assistance, maintenance
assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants
to the judiciary in American Samoa for compensation and
expenses, as authorized by law (48 U.S.C. 1661(c)); grants to
the Government of American Samoa, in addition to current
local revenues, for construction and support of governmental
functions; grants to the Government of the Virgin Islands, as
authorized by law; grants to the Government of Guam, as
authorized by law; and grants to the Government of the
Northern Mariana Islands , as authorized by law (Public Law
94-241; 90 Stat. 272); and (2) $9,448,000 shall be available
until September 30, 2020, for salaries and expenses of the
Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein
provided for, including such transactions of all agencies or
instrumentalities established or used by such governments,
may be audited by the Government Accountability Office, at
its discretion, in accordance with chapter 35 of title 31,
United States Code: Provided further, That Northern Mariana
Islands Covenant grant funding shall be provided according to
those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern
Mariana Islands approved by Public Law 104-134: Provided
further, That the funds for the program of operations and
maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital
infrastructure with territorial participation and cost
sharing to be determined by the Secretary based on the
grantee's commitment to timely maintenance of its capital
assets: Provided further, That any appropriation for
disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal
matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170c).
compact of free association
For grants and necessary expenses, $3,563,000, to remain
available until expended, as provided for in sections
221(a)(2)
[[Page S5139]]
and 233 of the Compact of Free Association for the Republic
of Palau; and section 221(a)(2) of the Compacts of Free
Association for the Government of the Republic of the
Marshall Islands and the Federated States of Micronesia, as
authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided
under section 104(e) of Public Law 108-188 and Public Law
104-134, that are allocated for Guam, to the Secretary of
Agriculture for the subsidy cost of direct or guaranteed
loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for
the purposes authorized by the Rural Electrification Act of
1936 and section 306(a)(1) of the Consolidated Farm and Rural
Development Act for construction and repair projects in Guam,
and such funds shall remain available until expended:
Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That
such loans or loan guarantees may be made without regard to
the population of the area, credit elsewhere requirements,
and restrictions on the types of eligible entities under the
Rural Electrification Act of 1936 and section 306(a)(1) of
the Consolidated Farm and Rural Development Act: Provided
further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made
available to make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor,
$65,674,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$52,486,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $112,380,000, to remain available until expended, of
which not to exceed $19,016,000 from this or any other Act,
may be available for historical accounting: Provided, That
funds for trust management improvements and litigation
support may, as needed, be transferred to or merged with the
Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the
Solicitor, ``Salaries and Expenses'' account; and the Office
of the Secretary, ``Departmental Operations'' account:
Provided further, That funds made available through contracts
or grants obligated during fiscal year 2019, as authorized by
the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et
seq.), shall remain available until expended by the
contractor or grantee: Provided further, That
notwithstanding any other provision of law, the Secretary
shall not be required to provide a quarterly statement of
performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or
less: Provided further, That the Secretary shall issue an
annual account statement and maintain a record of any such
accounts and shall permit the balance in each such account to
be withdrawn upon the express written request of the account
holder: Provided further, That not to exceed $50,000 is
available for the Secretary to make payments to correct
administrative errors of either disbursements from or
deposits to Individual Indian Money or Tribal accounts after
September 30, 2002: Provided further, That erroneous
payments that are recovered shall be credited to and remain
available in this account for this purpose: Provided
further, That the Secretary shall not be required to
reconcile Special Deposit Accounts with a balance of less
than $500 unless the Office of the Special Trustee receives
proof of ownership from a Special Deposit Accounts claimant:
Provided further, That notwithstanding section 102 of the
American Indian Trust Fund Management Reform Act of 1994
(Public Law 103-412) or any other provision of law, the
Secretary may aggregate the trust accounts of individuals
whose whereabouts are unknown for a continuous period of at
least five years and shall not be required to generate
periodic statements of performance for the individual
accounts: Provided further, That with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient
records to determine the balance of the individual accounts,
including any accrued interest and income, and such funds
shall remain available to the individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire
suppression operations, fire science and research, emergency
rehabilitation, fuels management activities, and rural fire
assistance by the Department of the Interior, $1,116,076,000,
to remain available until expended, of which not to exceed
$18,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation
accounts from which funds were previously transferred for
such purposes: Provided further, That of the funds provided
$188,000,000 is for fuels management activities: Provided
further, That of the funds provided $20,470,000 is for burned
area rehabilitation: Provided further, That persons hired
pursuant to 43 U.S.C. 1469 may be furnished subsistence and
lodging without cost from funds available from this
appropriation: Provided further, That notwithstanding 42
U.S.C. 1856d, sums received by a bureau or office of the
Department of the Interior for fire protection rendered
pursuant to 42 U.S.C. 1856 et seq., protection of United
States property, may be credited to the appropriation from
which funds were expended to provide that protection, and are
available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this
Act, the Secretary of the Interior may enter into procurement
contracts, grants, or cooperative agreements, for fuels
management activities, and for training and monitoring
associated with such fuels management activities on Federal
land, or on adjacent non-Federal land for activities that
benefit resources on Federal land: Provided further, That
the costs of implementing any cooperative agreement between
the Federal Government and any non-Federal entity may be
shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the
Competition in Contracting Act, the Secretary, for purposes
of fuels management activities, may obtain maximum
practicable competition among: (1) local private, nonprofit,
or cooperative entities; (2) Youth Conservation Corps crews,
Public Lands Corps (Public Law 109-154), or related
partnerships with State, local, or nonprofit youth groups;
(3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined
as 50 percent or more, of the project workforce to complete
such contracts: Provided further, That in implementing this
section, the Secretary shall develop written guidance to
field units to ensure accountability and consistent
application of the authorities provided herein: Provided
further, That funds appropriated under this heading may be
used to reimburse the United States Fish and Wildlife Service
and the National Marine Fisheries Service for the costs of
carrying out their responsibilities under the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and
conference, as required by section 7 of such Act, in
connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use
wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market
value, to construct capitalized improvements for fire
facilities on such leased properties, including but not
limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make
advance payments for any such lease or for construction
activity associated with the lease: Provided further, That
the Secretary of the Interior and the Secretary of
Agriculture may authorize the transfer of funds appropriated
for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire
management programs and projects: Provided further, That
funds provided for wildfire suppression shall be available
for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be
available for assistance to or through the Department of
State in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and, with the concurrence of the Secretary of State, shall be
available to support forestry, wildland fire management, and
related natural resource activities outside the United States
and its territories and possessions, including technical
assistance, education and training, and cooperation with
United States and international organizations.
central hazardous materials fund
For necessary expenses of the Department of the Interior
and any of its component offices and bureaus for the response
action, including associated activities, performed pursuant
to the Comprehensive Environmental Response, Compensation,
and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to
remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the
Department of the Interior necessary to carry out the
provisions of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the
Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and
54 U.S.C. 100721 et seq., $7,767,000, to remain available
until expended.
working capital fund
For the operation and maintenance of a departmental
financial and business management system, information
technology improvements of general benefit to the Department,
cybersecurity, and the consolidation of facilities and
operations throughout the Department, $56,735,000, to remain
available until expended: Provided, That none of the
[[Page S5140]]
funds appropriated in this Act or any other Act may be used
to establish reserves in the Working Capital Fund account
other than for accrued annual leave and depreciation of
equipment without prior approval of the Committees on
Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary may assess
reasonable charges to State, local and tribal government
employees for training services provided by the National
Indian Program Training Center, other than training related
to Public Law 93-638: Provided further, That the Secretary
may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural,
educational, or recreational activities (as defined in
section 3306(a) of title 40, United States Code) at the
prevailing rate for similar space, facilities, equipment, or
services in the vicinity of the National Indian Program
Training Center: Provided further, That all funds received
pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be
used by the Secretary for necessary expenses of the National
Indian Program Training Center: Provided further, That the
Secretary may enter into grants and cooperative agreements to
support the Office of Natural Resource Revenue's collection
and disbursement of royalties, fees, and other mineral
revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess
surplus property: Provided, That existing aircraft being
replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement
aircraft.
office of natural resources revenue
For necessary expenses for management of the collection and
disbursement of royalties, fees, and other mineral revenue
proceeds, and for grants and cooperative agreements, as
authorized by law, $137,505,000, to remain available until
September 30, 2020; of which $41,727,000 shall remain
available until expended for the purpose of mineral revenue
management activities: Provided, That notwithstanding any
other provision of law, $15,000 shall be available for
refunds of overpayments in connection with certain Indian
leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be
available for expenditure or transfer (within each bureau or
office), with the approval of the Secretary, for the
emergency reconstruction, replacement, or repair of aircraft,
buildings, utilities, or other facilities or equipment
damaged or destroyed by fire, flood, storm, or other
unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made
available to the Department of the Interior for emergencies
shall have been exhausted: Provided further, That all funds
used pursuant to this section must be replenished by a
supplemental appropriation, which must be requested as
promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in
addition to the amounts included in the budget programs of
the several agencies, for the suppression or emergency
prevention of wildland fires on or threatening lands under
the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-over lands under its
jurisdiction; for emergency actions related to potential or
actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage
assessment activities related to actual oil spills or
releases of hazardous substances into the environment; for
the prevention, suppression, and control of actual or
potential grasshopper and Mormon cricket outbreaks on lands
under the jurisdiction of the Secretary, pursuant to the
authority in section 417(b) of Public Law 106-224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section
410 of Public Law 95-87; and shall transfer, from any no year
funds available to the Office of Surface Mining Reclamation
and Enforcement, such funds as may be necessary to permit
assumption of regulatory authority in the event a primacy
State is not carrying out the regulatory provisions of the
Surface Mining Act: Provided, That appropriations made in
this title for wildland fire operations shall be available
for the payment of obligations incurred during the preceding
fiscal year, and for reimbursement to other Federal agencies
for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, with
such reimbursement to be credited to appropriations currently
available at the time of receipt thereof: Provided further,
That for wildland fire operations, no funds shall be made
available under this authority until the Secretary determines
that funds appropriated for ``wildland fire suppression''
shall be exhausted within 30 days: Provided further, That
all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such
replenishment funds shall be used to reimburse, on a pro rata
basis, accounts from which emergency funds were transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as
authorized by section 3109 of title 5, United States Code,
when authorized by the Secretary, in total amount not to
exceed $500,000; purchase and replacement of motor vehicles,
including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger
motor vehicles; purchase of reprints; payment for telephone
service in private residences in the field, when authorized
under regulations approved by the Secretary; and the payment
of dues, when authorized by the Secretary, for library
membership in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the
headings Bureau of Indian Affairs and Bureau of Indian
Education, and Office of the Special Trustee for American
Indians and any unobligated balances from prior
appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust
management and reform activities. Total funding for
historical accounting activities shall not exceed amounts
specifically designated in this Act for such purpose.
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any
Tribal Priority Allocation funds, including tribal base
funds, to alleviate tribal funding inequities by transferring
funds to address identified, unmet needs, dual enrollment,
overlapping service areas or inaccurate distribution
methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal
year 2019. Under circumstances of dual enrollment,
overlapping service areas or inaccurate distribution
methodologies, the 10 percent limitation does not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands,
waters, or interests therein including the use of all or part
of any pier, dock, or landing within the State of New York
and the State of New Jersey, for the purpose of operating and
maintaining facilities in the support of transportation and
accommodation of visitors to Ellis, Governors, and Liberty
Islands, and of other program and administrative activities,
by donation or with appropriated funds, including franchise
fees (and other monetary consideration), or by exchange; and
the Secretary is authorized to negotiate and enter into
leases, subleases, concession contracts or other agreements
for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2019, the Secretary shall
collect a nonrefundable inspection fee, which shall be
deposited in the ``Offshore Safety and Environmental
Enforcement'' account, from the designated operator for
facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are
above the waterline, excluding drilling rigs, and are in
place at the start of the fiscal year. Fees for fiscal year
2019 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all
inspections completed in fiscal year 2019. Fees for fiscal
year 2019 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) The Secretary shall bill designated operators under
subsection (b) within 60 days, with payment required within
30 days of billing. The Secretary shall bill designated
operators under subsection (c) within 30 days of the end of
the month in which the inspection occurred, with payment
required within 30 days of billing.
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to
implement a reorganization of the Bureau of Ocean Energy
Management, Regulation and Enforcement, may transfer funds
among and between the successor offices and bureaus affected
by the reorganization only
[[Page S5141]]
in conformance with the reprogramming guidelines described in
the report accompanying this Act.
contracts and agreements for wild horse and burro holding facilities
Sec. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear
cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts
in accordance with the provisions of section 3903 of title
41, United States Code (except that the 5-year term
restriction in subsection (a) shall not apply), for the long-
term care and maintenance of excess wild free roaming horses
and burros by such organizations or entities on private land.
Such cooperative agreements and contracts may not exceed 10
years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service
shall, in carrying out its responsibilities to protect
threatened and endangered species of salmon, implement a
system of mass marking of salmonid stocks, intended for
harvest, that are released from federally operated or
federally financed hatcheries including but not limited to
fish releases of coho, chinook, and steelhead species. Marked
fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
contracts and agreements with indian affairs
Sec. 111. Notwithstanding any other provision of law,
during fiscal year 2019, in carrying out work involving
cooperation with State, local, and tribal governments or any
political subdivision thereof, Indian Affairs may record
obligations against accounts receivable from any such
entities, except that total obligations at the end of the
fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
humane transfer of excess animals
Sec. 112. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or
burros that have been removed from the public lands to other
Federal, State, and local government agencies for use as work
animals: Provided, That the Secretary may make any such
transfer immediately upon request of such Federal, State, or
local government agency: Provided further, That any excess
animal transferred under this provision shall lose its status
as a wild free-roaming horse or burro as defined in the Wild
Free-Roaming Horses and Burros Act: Provided further, That
any Federal, State, or local government agency receiving
excess wild horses or burros as authorized in this section
shall not: destroy the horses or burros in a way that results
in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results
in their destruction for processing into commercial products;
or euthanize the horses or burros except upon the
recommendation of a licensed veterinarian, in cases of severe
injury, illness, or advanced age.
department of the interior experienced services program
Sec. 113. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the
Secretary of the Interior is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit
organizations designated by the Secretary of Labor under
title V of the Older Americans Act of 1965 to utilize the
talents of older Americans in programs authorized by other
provisions of law administered by the Secretary and
consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under
subsection (a), the Secretary shall ensure that the agreement
would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
payments in lieu of taxes (pilt)
Sec. 114. Section 6906 of title 31, United States Code, is
amended by striking ``fiscal year 2018'' and inserting
``fiscal year 2019''.
sage-grouse
Sec. 115. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to
write or issue pursuant to section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
technical correction
Sec. 116. Division II of Public Law 104-333 (54 U.S.C.
320101 note), as amended by section 116(b)(2) of Public Law
114-113, is amended in each of sections 208, 310, and 607, by
striking ``2017'' and inserting ``2019''.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980; necessary
expenses for personnel and related costs and travel expenses;
procurement of laboratory equipment and supplies; and other
operating expenses in support of research and development,
$717,723,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$5,000,000 shall be for Research: National Priorities as
specified in the report accompanying this Act: Provided
further, That of unobligated balances from appropriations
made available under this heading, $11,250,000 are
permanently rescinded: Provided further, That no amounts may
be rescinded pursuant to the preceding proviso from amounts
made available in the first proviso for Research: National
Priorities.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses; hire of passenger
motor vehicles; hire, maintenance, and operation of aircraft;
purchase of reprints; library memberships in societies or
associations which issue publications to members only or at a
price to members lower than to subscribers who are not
members; administrative costs of the brownfields program
under the Small Business Liability Relief and Brownfields
Revitalization Act of 2002; implementation of a coal
combustion residual permit program under section 2301 of the
Water and Waste Act of 2016; and not to exceed $9,000 for
official reception and representation expenses,
$2,659,675,000, to remain available until September 30, 2020:
Provided, That of the funds included under this heading,
$15,000,000 shall be for Environmental Protection: National
Priorities as specified in the report accompanying this Act:
Provided further, That of the funds included under this
heading, $454,958,000 shall be for Geographic Programs
specified in the report accompanying this Act: Provided
further, That of the unobligated balances from appropriations
made available under this heading, $61,676,000 are
permanently rescinded: Provided further, That no amounts may
be rescinded pursuant to the preceding proviso from amounts
made available in the first proviso for Environmental
Protection: National Priorities, from amounts made available
in the second proviso for Geographic Programs, or from the
National Estuary Program (33 U.S.C. 1330).
In addition, $5,000,000 to remain available until expended,
for necessary expenses of activities described in section
26(b)(1) of the Toxic Substances Control Act (15 U.S.C.
2625(b)(1)): Provided, That fees collected pursuant to that
section of that Act and deposited in the ``TSCA Service Fee
Fund'' as discretionary offsetting receipts in fiscal year
2019 shall be retained and used for necessary salaries and
expenses in this appropriation and shall remain available
until expended: Provided further, That the sum herein
appropriated in this paragraph from the general fund for
fiscal year 2019 shall be reduced by the amount of
discretionary offsetting receipts received during fiscal year
2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more
than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $5,000,000, those amount
in excess of $5,000,000 shall be deposited in the ``TSCA
Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2019, shall be retained and used for necessary
salaries and expenses in this account, and shall remain
available until expended: Provided further, That of the
funds included in the first paragraph under this heading, the
Chemical Risk Review and Reduction program project shall be
allocated for this fiscal year, excluding the amount of any
fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
Office of Inspector General
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $41,489,000, to remain available until September 30,
2020.
Buildings and Facilities
For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$34,467,000, to remain available until expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6),
and (e)(4) (42 U.S.C. 9611) $1,091,947,000, to remain
available until expended, consisting of such sums as are
available in the Trust Fund on September 30, 2018, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,091,947,000
as a payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA: Provided, That funds appropriated under this heading
may be allocated to other Federal
[[Page S5142]]
agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $8,718,000 shall be paid to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2020, and $17,398,000 shall be paid to the
``Science and Technology'' appropriation to remain available
until September 30, 2020.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by subtitle I of
the Solid Waste Disposal Act, $91,941,000, to remain
available until expended, of which $66,572,000 shall be for
carrying out leaking underground storage tank cleanup
activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other
provisions of the Solid Waste Disposal Act specified in
section 9508(c) of the Internal Revenue Code: Provided, That
the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to
federally recognized Indian tribes for the development and
implementation of programs to manage underground storage
tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $18,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,575,041,000, to remain
available until expended, of which--
(1) $1,394,000,000 shall be for making capitalization
grants for the Clean Water State Revolving Funds under title
VI of the Federal Water Pollution Control Act; and of which
$864,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal
year 2019, to the extent there are sufficient eligible
project applications and projects are consistent with State
Intended Use Plans, not less than 10 percent of the funds
made available under this title to each State for Clean Water
State Revolving Fund capitalization grants shall be used by
the State for projects to address green infrastructure, water
or energy efficiency improvements, or other environmentally
innovative activities: Provided further, That for fiscal
year 2019, funds made available under this title to each
State for Drinking Water State Revolving Fund capitalization
grants may, at the discretion of each State, be used for
projects to address green infrastructure, water or energy
efficiency improvements, or other environmentally innovative
activities: Provided further, That notwithstanding section
603(d)(7) of the Federal Water Pollution Control Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2019 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2019, notwithstanding the provisions of
subsections (g)(1), (h), and (l) of section 201 of the
Federal Water Pollution Control Act, grants made under title
II of such Act for American Samoa, Guam, the commonwealth of
the Northern Marianas, the United States Virgin Islands, and
the District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specifications, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal
residences or small commercial establishments: Provided
further, That for fiscal year 2019, notwithstanding the
provisions of such subsections (g)(1), (h), and (l) of
section 201 and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for
facility plans, design activities, or plans, specifications,
and estimates for any proposed project for the construction
of treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments:
Provided further, That for fiscal year 2019, notwithstanding
any provision of the Federal Water Pollution Control Act and
regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of such Act may also be used for
grants for training, technical assistance, and educational
programs relating to the operation and management of the
treatment works specified in section 518(c) of such Act:
Provided further, That for fiscal year 2019, funds reserved
under section 518(c) of such Act shall be available for
grants only to Indian tribes, as defined in section 518(h) of
such Act and former Indian reservations in Oklahoma (as
determined by the Secretary of the Interior) and Native
Villages as defined in Public Law 92-203: Provided further,
That for fiscal year 2019, notwithstanding the limitation on
amounts in section 518(c) of the Federal Water Pollution
Control Act, up to a total of 2 percent of the funds
appropriated, or $30,000,000, whichever is greater, and
notwithstanding the limitation on amounts in section 1452(i)
of the Safe Drinking Water Act, up to a total of 2 percent of
the funds appropriated, or $20,000,000, whichever is greater,
for State Revolving Funds under such Acts may be reserved by
the Administrator for grants under section 518(c) and section
1452(i) of such Acts: Provided further, That for fiscal year
2019, notwithstanding the amounts specified in section 205(c)
of the Federal Water Pollution Control Act, up to 1.5 percent
of the aggregate funds appropriated for the Clean Water State
Revolving Fund program under the Act less any sums reserved
under section 518(c) of the Act, may be reserved by the
Administrator for grants made under title II of the Federal
Water Pollution Control Act for American Samoa, Guam, the
Commonwealth of the Northern Marianas, and United States
Virgin Islands: Provided further, That for fiscal year 2019,
notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water
State Revolving Fund programs under the Safe Drinking Water
Act may be reserved by the Administrator for grants made
under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State
Revolving Fund capitalization grants and 20 percent of the
funds made available under this title to each State for
Drinking Water State Revolving Fund capitalization grants
shall be used by the State to provide additional subsidy to
eligible recipients in the form of forgiveness of principal,
negative interest loans, or grants (or any combination of
these), and shall be so used by the State only where such
funds are provided as initial financing for an eligible
recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients only where such debt was
incurred on or after the date of enactment of this Act, or
where such debt was incurred prior to the date of enactment
of this Act if the State, with concurrence from the
Administrator, determines that such funds could be used to
help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to
public health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund
capitalization grants to provide additional subsidy to
eligible recipients;
(2) $15,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas,
or the development within an existing colonia the
construction of any new home, business, or other structure
which lacks water, wastewater, or other necessary
infrastructure;
(3) $25,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be used
for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and
the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the
Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the
funds provided for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided further,
That for purposes
[[Page S5143]]
of this section, the term ``persistent poverty counties''
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as
measured by the 1990 and 2000 decennial censuses and the most
recent Small Area Income and Poverty Estimates;
(5) $50,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $50,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions in the report
accompanying this Act;
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322); and
(8) $1,093,041,000 shall be for grants, including
associated program support costs, to States, federally
recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single
media pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
subject to terms and conditions specified by the
Administrator, of which: $47,745,000 shall be for carrying
out section 128 of CERCLA; $9,646,000 shall be for
Environmental Information Exchange Network grants, including
associated program support costs; $1,498,000 shall be for
grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds
appropriated under the heading ``Leaking Underground Storage
Tank Trust Fund Program'' to carry out the provisions of the
Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code other than section 9003(h) of the Solid
Waste Disposal Act; $17,848,000 of the funds available for
grants under section 106 of the Federal Water Pollution
Control Act shall be for State participation in national- and
State-level statistical surveys of water resources and
enhancements to State monitoring programs; $27,000,000 shall
be for multipurpose grants, including interagency agreements.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $5,000,000, to remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize gross obligations for
the principal amount of direct loans, including capitalized
interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to
exceed $610,000,000.
In addition, fees authorized to be collected pursuant to
sections 5029 and 5030 of the Water Infrastructure Finance
and Innovation Act of 2014 shall be deposited in this
account, to remain available until expended.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, notwithstanding section
5033 of the Water Infrastructure Finance and Innovation Act
of 2014, $5,000,000, to remain available until September 30,
2020.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2019, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally
recognized Indian tribes or Intertribal consortia, if
authorized by their member tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by
Public Law 112-177, the Pesticide Registration Improvement
Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.
136w-8(d)(2)), the Administrator of the Environmental
Protection Agency may assess fees under section 33 of FIFRA
(7 U.S.C. 136w-8) for fiscal year 2019.
The Administrator is authorized to transfer up to
$300,000,000 of the funds appropriated for the Great Lakes
Restoration Initiative under the heading ``Environmental
Programs and Management'' to the head of any Federal
department or agency, with the concurrence of such head, to
carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality
Agreement programs, projects, or activities; to enter into an
interagency agreement with the head of such Federal
department or agency to carry out these activities; and to
make grants to governmental entities, nonprofit
organizations, institutions, and individuals for planning,
research, monitoring, outreach, and implementation in
furtherance of the Great Lakes Restoration Initiative and the
Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of
facilities, provided that the cost does not exceed $150,000
per project.
For fiscal year 2019, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)),
the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of the Act
to make grants to Indian tribes pursuant to sections 319(h)
and 518(e) of that Act.
The Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and
Management'' for fiscal year 2019 to provide grants to
implement the Southeastern New England Watershed Restoration
Program.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate fees in accordance with
section 3024 of the Solid Waste Disposal Act (42 U.S.C.
6939g) for fiscal year 2019.
Of the unobligated balances available for the ``State and
Tribal Assistance Grants'' account, $109,078,000 are hereby
permanently rescinded: Provided, That no amounts may be
rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were made
available by subsection (a) of section 196 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114-223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
office of the under secretary for natural resources and environment
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $875,000: Provided,
That funds made available by this Act to any agency in the
Natural Resources and Environment mission area for salaries
and expenses are available to fund up to one administrative
support staff for the office.
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $300,000,000, to remain available through
September 30, 2022: Provided, That of the funds provided,
$77,000,000 is for the forest inventory and analysis program:
Provided further, That all authorities for the use of funds,
including the use of contracts, grants, and cooperative
agreements, available to execute the Forest and Rangeland
Research appropriation, are also available in the utilization
of these funds for Fire Science Research.
state and private forestry
For necessary expenses of cooperating with and providing
technical and financial assistance to States, territories,
possessions, and others, and for forest health management,
and conducting an international program as authorized,
$333,990,000, to remain available through September 30, 2022,
as authorized by law; of which $65,490,000 is to be derived
from the Land and Water Conservation Fund to be used for the
Forest Legacy Program, to remain available until expended.
national forest system
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and
utilization of the National Forest System, and for hazardous
fuels management on or adjacent to such lands,
$1,937,653,000, to remain available through September 30,
2022: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape
Restoration Fund for ecological restoration treatments as
authorized by 16 U.S.C. 7303(f): Provided further, That of
the funds provided, $368,000,000 shall be for forest
products: Provided further, That of the funds provided,
$435,000,000 shall be for hazardous fuels management
activities, of which not to exceed $15,000,000 may be used to
make grants, using any authorities available to the Forest
Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for
increased use of biomass from National Forest System lands:
Provided further, That $15,000,000 may be used by the
Secretary of Agriculture to enter into procurement contracts
or cooperative agreements or to issue grants for hazardous
fuels management activities, and for training or monitoring
associated with such hazardous fuels management activities on
Federal land, or on non-Federal land if the Secretary
determines such activities benefit resources on Federal land:
Provided further, That funds made available to implement the
Community Forestry Restoration Act, Public Law 106-393, title
VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest
Service under the ``State and Private Forestry''
appropriations: Provided further, That notwithstanding
section 33 of the
[[Page S5144]]
Bankhead Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary
of Agriculture, in calculating a fee for grazing on a
National Grassland, may provide a credit of up to 50 percent
of the calculated fee to a Grazing Association or direct
permittee for a conservation practice approved by the
Secretary in advance of the fiscal year in which the cost of
the conservation practice is incurred. And, that the amount
credited shall remain available to the Grazing Association or
the direct permittee, as appropriate, in the fiscal year in
which the credit is made and each fiscal year thereafter for
use on the project for conservation practices approved by the
Secretary.
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise
provided for, $449,000,000, to remain available through
September 30, 2022, for construction, capital improvement,
maintenance and acquisition of buildings and other facilities
and infrastructure; and for construction, reconstruction,
decommissioning of roads that are no longer needed, including
unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the
Forest Service as authorized by 16 U.S.C. 532-538 and 23
U.S.C. 101 and 205: Provided, That funds becoming available
in fiscal year 2019 under the Act of March 4, 1913 (16 U.S.C.
501) shall be transferred to the General Fund of the Treasury
and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated.
land acquisition
(including rescission of funds)
For expenses necessary to carry out the provisions of
chapter 2003 of title 54, United States Code, including
administrative expenses, and for acquisition of land or
waters, or interest therein, in accordance with statutory
authority applicable to the Forest Service, $74,099,000, to
be derived from the Land and Water Conservation Fund and to
remain available until expended.
Of the unobligated balances from amounts made available for
Land Acquisition and derived from the Land and Water
Conservation Fund, $16,028,000 is hereby permanently
rescinded from projects with cost savings or failed or
partially failed projects that had funds returned: Provided,
That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of
the Cache, Uinta, and Wasatch National Forests, Utah; the
Toiyabe National Forest, Nevada; and the Angeles, San
Bernardino, Sequoia, and Cleveland National Forests,
California; and the Ozark-St. Francis and Ouachita National
Forests, Arkansas; as authorized by law, $700,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from
funds deposited by State, county, or municipal governments,
public school districts, or other public school authorities,
and for authorized expenditures from funds deposited by non-
Federal parties pursuant to Land Sale and Exchange Acts,
pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to
remain available through September 30, 2021, (16 U.S.C. 516-
617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and
Public Law 78-310).
range betterment fund
For necessary expenses of range rehabilitation, protection,
and improvement, 50 percent of all moneys received during the
prior fiscal year, as fees for grazing domestic livestock on
lands in National Forests in the 16 Western States, pursuant
to section 401(b)(1) of Public Law 94-579, to remain
available through September 30, 2022, of which not to exceed
6 percent shall be available for administrative expenses
associated with on-the-ground range rehabilitation,
protection, and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2022, to be derived
from the fund established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage
Federal lands in Alaska for subsistence uses under title VIII
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 3111 et seq.), $2,500,000, to remain available through
September 30, 2022.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression
activities on National Forest System lands, for emergency
wildland fire suppression on or adjacent to such lands or
other lands under fire protection agreement, and for
emergency rehabilitation of burned-over National Forest
System lands and water, $3,229,620,000, to remain available
through September 30, 2022: Provided, That such funds
including unobligated balances under this heading, are
available for repayment of advances from other appropriations
accounts previously transferred for such purposes: Provided
further, That any unobligated funds appropriated in a
previous fiscal year for hazardous fuels management may be
transferred to the ``National Forest System'' account:
Provided further, That such funds shall be available to
reimburse State and other cooperating entities for services
provided in response to wildfire and other emergencies or
disasters to the extent such reimbursements by the Forest
Service for non-fire emergencies are fully repaid by the
responsible emergency management agency: Provided further,
That funds provided shall be available for support to Federal
emergency response: Provided further, That the costs of
implementing any cooperative agreement between the Federal
Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided
further, That funds designated for wildfire suppression,
shall be assessed for cost pools on the same basis as such
assessments are calculated against other agency programs.
administrative provisions--forest service
(including transfers of funds)
Appropriations to the Forest Service for the current fiscal
year shall be available for: (1) purchase of passenger motor
vehicles; acquisition of passenger motor vehicles from excess
sources, and hire of such vehicles; purchase, lease,
operation, maintenance, and acquisition of aircraft to
maintain the operable fleet for use in Forest Service
wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in
value used to offset the purchase price for the replacement
aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to
exceed $100,000 for employment under 5 U.S.C. 3109; (3)
purchase, erection, and alteration of buildings and other
public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5)
for expenses pursuant to the Volunteers in the National
Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6)
the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and
(7) for debt collection contracts in accordance with 31
U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management
appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters
under its jurisdiction, and fire preparedness due to severe
burning conditions upon the Secretary's notification of the
House and Senate Committees on Appropriations that all fire
suppression funds appropriated under the heading ``Wildland
Fire Management'' will be obligated within 30 days:
Provided, That all funds used pursuant to this paragraph must
be replenished by a supplemental appropriation which must be
requested as promptly as possible.
Not more than $50,000,000 of funds appropriated to the
Forest Service shall be available for expenditure or transfer
to the Department of the Interior for wildland fire
management, hazardous fuels management, and State fire
assistance when such transfers would facilitate and expedite
wildland fire management programs and projects.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary
funds appropriated to the Forest Service by this Act to or
within the National Forest System Account, or reprogram funds
to be used for the purposes of hazardous fuels management and
urgent rehabilitation of burned-over National Forest System
lands and water, such transferred funds shall remain
available through September 30, 2022: Provided, That none of
the funds transferred pursuant to this section shall be
available for obligation without written notification to and
the prior approval of the Committees on Appropriations of
both Houses of Congress: Provided further, That this section
does not apply to funds appropriated to the FLAME Wildfire
Suppression Reserve Fund or funds derived from the Land and
Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International
Development in connection with forest and rangeland research,
technical information, and assistance in foreign countries,
and shall be available to support forestry and related
natural resource activities outside the United States and its
territories and possessions, including technical assistance,
education and training, and cooperation with U.S., private,
and international organizations. The Forest Service, acting
for the International Program, may sign direct funding
agreements with foreign governments and institutions as well
as other domestic agencies (including the U.S. Agency for
International Development, the Department of State, and the
Millennium Challenge Corporation), U.S. private sector firms,
institutions and organizations to provide technical
assistance and training programs overseas on forestry and
rangeland management.
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the
Interior, Bureau of Land Management, for removal,
preparation, and adoption of excess wild horses and burros
from National Forest System lands, and for the performance of
cadastral surveys to designate the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year
shall be subject to transfer under the provisions of section
702(b) of the Department of Agriculture
[[Page S5145]]
Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public
Law 107-171 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the report accompanying
this Act.
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of
the Department of Agriculture and not more than $14,500,000
of funds available to the Forest Service shall be transferred
to the Department of Agriculture for Department Reimbursable
Programs, commonly referred to as Greenbook charges. Nothing
in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in
order to obtain services from the Department of Agriculture's
National Information Technology Center and the Department of
Agriculture's International Technology Service.
Of the funds available to the Forest Service, up to
$5,000,000 shall be available for priority projects within
the scope of the approved budget, which shall be carried out
by the Youth Conservation Corps and shall be carried out
under the authority of the Public Lands Corps Act of 1993 (16
U.S.C. 1721 et seq.).
Of the funds available to the Forest Service, $4,000 is
available to the Chief of the Forest Service for official
reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-
593, of the funds available to the Forest Service, up to
$3,000,000 may be advanced in a lump sum to the National
Forest Foundation to aid conservation partnership projects in
support of the Forest Service mission, without regard to when
the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest
Service programs: Provided, That of the Federal funds made
available to the Foundation, no more than $300,000 shall be
available for administrative expenses: Provided further,
That the Foundation shall obtain, by the end of the period of
Federal financial assistance, private contributions to match
funds made available by the Forest Service on at least a one-
for-one basis: Provided further, That the Foundation may
transfer Federal funds to a Federal or a non-Federal
recipient for a project at the same rate that the recipient
has obtained the non-Federal matching funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to
$3,000,000 of the funds available to the Forest Service may
be advanced to the National Fish and Wildlife Foundation in a
lump sum to aid cost-share conservation projects, without
regard to when expenses are incurred, on or benefitting
National Forest System lands or related to Forest Service
programs: Provided, That such funds shall be matched on at
least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may
transfer Federal funds to a Federal or non-Federal recipient
for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to
rural communities and natural resource-based businesses for
sustainable rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge
National Scenic Area, pursuant to section 14(c)(1) and (2),
and section 16(a)(2) of Public Law 99-663.
Any funds appropriated to the Forest Service may be used to
meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
The Forest Service shall not assess funds for the purpose
of performing fire, administrative, and other facilities
maintenance and decommissioning.
Notwithstanding any other provision of law, of any
appropriations or funds available to the Forest Service, not
to exceed $500,000 may be used to reimburse the Office of the
General Counsel (OGC), Department of Agriculture, for travel
and related expenses incurred as a result of OGC assistance
or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase
negotiations and similar matters unrelated to civil
litigation. Future budget justifications for both the Forest
Service and the Department of Agriculture should clearly
display the sums previously transferred and the sums
requested for transfer.
An eligible individual who is employed in any project
funded under title V of the Older Americans Act of 1965 (42
U.S.C. 3056 et seq.) and administered by the Forest Service
shall be considered to be a Federal employee for purposes of
chapter 171 of title 28, United States Code.
Notwithstanding any other provision of this Act, through
the Office of Budget and Program Analysis, the Forest Service
shall report no later than 30 business days following the
close of each fiscal quarter all current and prior year
unobligated balances, by fiscal year, budget line item and
account, to the House and Senate Committees on
Appropriations.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5,
1954 (68 Stat. 674), the Indian Self-Determination and
Education Assistance Act, the Indian Health Care Improvement
Act, and titles II and III of the Public Health Service Act
with respect to the Indian Health Service, $4,072,385,000,
together with payments received during the fiscal year
pursuant to sections 231(b) and 233 of the Public Health
Service Act (42 U.S.C. 238(b), 238b), for services furnished
by the Indian Health Service: Provided, That funds made
available to tribes and tribal organizations through
contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), shall be
deemed to be obligated at the time of the grant or contract
award and thereafter shall remain available to the tribe or
tribal organization without fiscal year limitation: Provided
further, That $2,000,000 shall be available for grants or
contracts with public or private institutions to provide
alcohol or drug treatment services to Indians, including
alcohol detoxification services: Provided further, That
$964,819,000 for Purchased/Referred Care, including
$53,000,000 for the Indian Catastrophic Health Emergency
Fund, shall remain available until expended: Provided
further, That of the funds provided, up to $36,000,000 shall
remain available until expended for implementation of the
loan repayment program under section 108 of the Indian Health
Care Improvement Act: Provided further, That of the funds
provided, $15,000,000 shall remain available until expended
to supplement funds available for operational costs at tribal
clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health
care is delivered in space acquired through a full service
lease, which is not eligible for maintenance and improvement
and equipment funds from the Indian Health Service, and
$58,000,000 shall be for costs related to or resulting from
accreditation emergencies, of which up to $4,000,000 may be
used to supplement amounts otherwise available for Purchased/
Referred Care: Provided further, That the amounts collected
by the Federal Government as authorized by sections 104 and
108 of the Indian Health Care Improvement Act (25 U.S.C.
1613a and 1616a) during the preceding fiscal year for breach
of contracts shall be deposited to the Fund authorized by
section 108A of that Act (25 U.S.C. 1616a-1) and shall remain
available until expended and, notwithstanding section 108A(c)
of that Act (25 U.S.C. 1616a-1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of that Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made
available within this account for the Substance Abuse and
Suicide Prevention Program, for opioid Prevention, Treatment
and Recovery Services, for the Domestic Violence Prevention
Program, for the Zero Suicide Initiative, for the housing
subsidy authority for civilian employees, for aftercare pilot
programs at Youth Regional Treatment Centers, to improve
collections from public and private insurance at Indian
Health Service and tribally operated facilities, and for
accreditation emergencies shall be allocated at the
discretion of the Director of the Indian Health Service and
shall remain available until expended: Provided further,
That funds provided in this Act may be used for annual
contracts and grants for which the performance period falls
within 2 fiscal years, provided the total obligation is
recorded in the year the funds are appropriated: Provided
further, That the amounts collected by the Secretary of
Health and Human Services under the authority of title IV of
the Indian Health Care Improvement Act shall remain available
until expended for the purpose of achieving compliance with
the applicable conditions and requirements of titles XVIII
and XIX of the Social Security Act, except for those related
to the planning, design, or construction of new facilities:
Provided further, That funding contained herein for
scholarship programs under the Indian Health Care Improvement
Act shall remain available until expended: Provided further,
That amounts received by tribes and tribal organizations
under title IV of the Indian Health Care Improvement Act
shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended:
Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, and from tribes and
tribal organizations operating health facilities pursuant to
Public Law 93-638, such individually identifiable health
information relating to disabled children as may be necessary
for the purpose of carrying out its functions under the
Individuals with Disabilities Education Act (20 U.S.C. 1400
et seq.): Provided further, That the accreditation emergency
funds may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for
contract support costs associated with Indian Self-
Determination and Education Assistance Act agreements with
the Indian Health Service for fiscal year 2019, such sums as
may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this
heading shall be available for transfer to another budget
account.
[[Page S5146]]
indian health facilities
For construction, repair, maintenance, improvement, and
equipment of health and related auxiliary facilities,
including quarters for personnel; preparation of plans,
specifications, and drawings; acquisition of sites, purchase
and erection of modular buildings, and purchases of trailers;
and for provision of domestic and community sanitation
facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
Determination Act, and the Indian Health Care Improvement
Act, and for expenses necessary to carry out such Acts and
titles II and III of the Public Health Service Act with
respect to environmental health and facilities support
activities of the Indian Health Service, $877,504,000, to
remain available until expended: Provided, That
notwithstanding any other provision of law, funds
appropriated for the planning, design, construction,
renovation or expansion of health facilities for the benefit
of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further,
That not to exceed $500,000 may be used by the Indian Health
Service to purchase TRANSAM equipment from the Department of
Defense for distribution to the Indian Health Service and
tribal facilities: Provided further, That none of the funds
appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with
grants by the housing programs of the United States
Department of Housing and Urban Development: Provided
further, That not to exceed $2,700,000 from this account and
the ``Indian Health Services'' account may be used by the
Indian Health Service to obtain ambulances for the Indian
Health Service and tribal facilities in conjunction with an
existing interagency agreement between the Indian Health
Service and the General Services Administration: Provided
further, That not to exceed $500,000 may be placed in a
Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of
Federal buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health
Service shall be available for services as authorized by 5
U.S.C. 3109 at rates not to exceed the per diem rate
equivalent to the maximum rate payable for senior-level
positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment;
purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities;
payments for telephone service in private residences in the
field, when authorized under regulations approved by the
Secretary of Health and Human Services; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901-5902; and
for expenses of attendance at meetings that relate to the
functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the
Indian Health Care Improvement Act, non-Indian patients may
be extended health care at all tribally administered or
Indian Health Service facilities, subject to charges, and the
proceeds along with funds recovered under the Federal Medical
Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
the account of the facility providing the service and shall
be available without fiscal year limitation: Provided
further, That notwithstanding any other law or regulation,
funds transferred from the Department of Housing and Urban
Development to the Indian Health Service shall be
administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That
funds appropriated to the Indian Health Service in this Act,
except those used for administrative and program direction
purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided
further, That none of the funds made available to the Indian
Health Service in this Act shall be used for any assessments
or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in
this Act, or approved by the House and Senate Committees on
Appropriations through the reprogramming process: Provided
further, That notwithstanding any other provision of law,
funds previously or herein made available to a tribe or
tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5321 et seq. (title I), 5381 et seq. (title V)), may be
deobligated and reobligated to a self-determination contract
under title I, or a self-governance agreement under title V
of such Act and thereafter shall remain available to the
tribe or tribal organization without fiscal year limitation:
Provided further, That none of the funds made available to
the Indian Health Service in this Act shall be used to
implement the final rule published in the Federal Register on
September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care
services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the
increased costs associated with the proposed final rule, and
such request has been included in an appropriations Act and
enacted into law: Provided further, That with respect to
functions transferred by the Indian Health Service to tribes
or tribal organizations, the Indian Health Service is
authorized to provide goods and services to those entities on
a reimbursable basis, including payments in advance with
subsequent adjustment, and the reimbursements received
therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be
credited to the same or subsequent appropriation account from
which the funds were originally derived, with such amounts to
remain available until expended: Provided further, That
reimbursements for training, technical assistance, or
services provided by the Indian Health Service will contain
total costs, including direct, administrative, and overhead
costs associated with the provision of goods, services, or
technical assistance: Provided further, That the Indian
Health Service may provide to civilian medical personnel
serving in hospitals operated by the Indian Health Service
housing allowances equivalent to those that would be provided
to members of the Commissioned Corps of the United States
Public Health Service serving in similar positions at such
hospitals: Provided further, That the appropriation
structure for the Indian Health Service may not be altered
without advance notification to the House and Senate
Committees on Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9660(a)) and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $78,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i) and 111(c)(4) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA) and section 3019 of the Solid Waste Disposal
Act, $74,691,000: Provided, That notwithstanding any other
provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical
testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided
further, That in performing any such health assessment or
health study, evaluation, or activity, the Administrator of
ATSDR shall not be bound by the deadlines in section
104(i)(6)(A) of CERCLA: Provided further, That none of the
funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles
pursuant to section 104(i) of CERCLA during fiscal year 2019,
and existing profiles may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,005,000: Provided, That notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, including hire of
passenger vehicles, uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902, and for services authorized
by 5 U.S.C. 3109 but at rates for individuals not to exceed
the per diem equivalent to the maximum rate payable for
senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation
Board (Board) shall have not more than three career Senior
Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the
Environmental Protection Agency (EPA) shall, by virtue of
such appointment, also hold the position of Inspector General
of the Board: Provided further, That notwithstanding any
other provision of law, the Inspector General of the Board
shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions
within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
For necessary expenses of the Office of Navajo and Hopi
Indian Relocation as authorized by Public Law 93-531,
$7,400,000, to
[[Page S5147]]
remain available until expended: Provided, That funds
provided in this or any other appropriations Act are to be
used to relocate eligible individuals and groups including
evictees from District 6, Hopi-partitioned lands residents,
those in significantly substandard housing, and all others
certified as eligible and not included in the preceding
categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single
Navajo or Navajo family who, as of November 30, 1985, was
physically domiciled on the lands partitioned to the Hopi
Tribe unless a new or replacement home is provided for such
household: Provided further, That no relocatee will be
provided with more than one new or replacement home:
Provided further, That the Office shall relocate any
certified eligible relocatees who have selected and received
an approved homesite on the Navajo reservation or selected a
replacement residence off the Navajo reservation or on the
land acquired pursuant to section 11 of Public Law 93-531 (88
Stat. 1716).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by part A
of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.),
$9,960,000, which shall become available on July 1, 2019, and
shall remain available until September 30, 2020.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art,
science, and history; development, preservation, and
documentation of the National Collections; presentation of
public exhibits and performances; collection, preparation,
dissemination, and exchange of information and publications;
conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease
agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000
for services as authorized by 5 U.S.C. 3109; and purchase,
rental, repair, and cleaning of uniforms for employees,
$739,894,000, to remain available until September 30, 2020,
except as otherwise provided herein; of which not to exceed
$6,917,000 for the instrumentation program, collections
acquisition, exhibition reinstallation, and the repatriation
of skeletal remains program shall remain available until
expended; and including such funds as may be necessary to
support American overseas research centers: Provided, That
funds appropriated herein are available for advance payments
to independent contractors performing research services or
participating in official Smithsonian presentations.
facilities capital
For necessary expenses of repair, revitalization, and
alteration of facilities owned or occupied by the Smithsonian
Institution, by contract or otherwise, as authorized by
section 2 of the Act of August 22, 1949 (63 Stat. 623), and
for construction, including necessary personnel,
$303,503,000, to remain available until expended, of which
not to exceed $10,000 shall be for services as authorized by
5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of
Art, the protection and care of the works of art therein, and
administrative expenses incident thereto, as authorized by
the Act of March 24, 1937 (50 Stat. 51), as amended by the
public resolution of April 13, 1939 (Public Resolution 9,
Seventy-sixth Congress), including services as authorized by
5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum,
and art associations or societies whose publications or
services are available to members only, or to members at a
price lower than to the general public; purchase, repair, and
cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C.
5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance,
alteration, improvement, and repair of buildings, approaches,
and grounds; and purchase of services for restoration and
repair of works of art for the National Gallery of Art by
contracts made, without advertising, with individuals, firms,
or organizations at such rates or prices and under such terms
and conditions as the Gallery may deem proper, $144,202,000,
to remain available until September 30, 2020, of which not to
exceed $3,620,000 for the special exhibition program shall
remain available until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and
renovation of buildings, grounds and facilities owned or
occupied by the National Gallery of Art, by contract or
otherwise, for operating lease agreements of no more than 10
years, with no extensions or renewals beyond the 10 years,
that address space needs created by the ongoing renovations
in the Master Facilities Plan, as authorized, $23,000,000, to
remain available until expended: Provided, That contracts
awarded for environmental systems, protection systems, and
exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors
and awarded on the basis of contractor qualifications as well
as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing
Arts, $24,490,000.
capital repair and restoration
For necessary expenses for capital repair and restoration
of the existing features of the building and site of the John
F. Kennedy Center for the Performing Arts, $16,800,000, to
remain available until expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of
the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356)
including hire of passenger vehicles and services as
authorized by 5 U.S.C. 3109, $12,000,000, to remain available
until September 30, 2020.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000
shall be available to the National Endowment for the Arts for
the support of projects and productions in the arts,
including arts education and public outreach activities,
through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for
administering the functions of the Act, to remain available
until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $155,000,000 to
remain available until expended, of which $143,700,000 shall
be available for support of activities in the humanities,
pursuant to section 7(c) of the Act and for administering the
functions of the Act; and $11,300,000 shall be available to
carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $9,100,000 for the purposes of
section 7(h): Provided, That appropriations for carrying out
section 10(a)(2) shall be available for obligation only in
such amounts as may be equal to the total amounts of gifts,
bequests, devises of money, and other property accepted by
the chairman or by grantees of the National Endowment for the
Humanities under the provisions of sections 11(a)(2)(B) and
11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any
grant or contract documents which do not include the text of
18 U.S.C. 1913: Provided, That none of the funds
appropriated to the National Foundation on the Arts and the
Humanities may be used for official reception and
representation expenses: Provided further, That funds from
nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further,
That the Chairperson of the National Endowment for the Arts
may approve grants of up to $10,000, if in the aggregate the
amount of such grants does not exceed 5 percent of the sums
appropriated for grantmaking purposes per year: Provided
further, That such small grant actions are taken pursuant to
the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,771,000: Provided,
That the Commission is authorized to charge fees to cover the
full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to
remain available until expended without further
appropriation: Provided further, That the Commission is
authorized to accept gifts, including objects, papers,
artwork, drawings and artifacts, that pertain to the history
and design of the Nation's Capital or the history and
activities of the Commission of Fine Arts, for the purpose of
artistic display, study, or education: Provided further,
That one-tenth of one percent of the funds provided under
this heading may be used for official reception and
representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190
(20 U.S.C. 956a), $2,750,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,440,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning
Commission under chapter
[[Page S5148]]
87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $7,948,000: Provided, That one-
quarter of 1 percent of the funds provided under this heading
may be used for official reception and representational
expenses associated with hosting international visitors
engaged in the planning and physical development of world
capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as
authorized by Public Law 106-292 (36 U.S.C. 2301-2310),
$59,500,000, of which $1,715,000 shall remain available until
September 30, 2021, for the Museum's equipment replacement
program; and of which $4,000,000 for the Museum's repair and
rehabilitation program and $1,500,000 for the Museum's
outreach initiatives program shall remain available until
expended.
Dwight d. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission, $1,800,000, to remain available until expended.
women's suffrage centennial commission
For necessary expenses for the Women's Suffrage Centennial
Commission, as authorized by the Women's Suffrage Centennial
Commission Act (section 431(a)(3) of division G of Public Law
115-31), $1,000,000, to remain available until expended.
world war i centennial commission
salaries and expenses
Notwithstanding section 9 of the World War I Centennial
Commission Act, as authorized by the World War I Centennial
Commission Act (Public Law 112-272) and the Carl Levin and
Howard P. ``Buck'' McKeon National Defense Authorization Act
for Fiscal Year 2015 (Public Law 113-291), for necessary
expenses of the World War I Centennial Commission,
$7,000,000, to remain available until expended: Provided,
That in addition to the authority provided by section 6(g) of
such Act, the World War I Commission may accept money, in-
kind personnel services, contractual support, or any
appropriate support from any executive branch agency for
activities of the Commission.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. No part of any appropriation contained in this
Act shall be available for any activity or the publication or
distribution of literature that in any way tends to promote
public support or opposition to any legislative proposal on
which Congressional action is not complete other than to
communicate to Members of Congress as described in 18 U.S.C.
1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead
charges, deductions, reserves or holdbacks, including working
capital fund and cost pool charges, from programs, projects,
activities and subactivities to support government-wide,
departmental, agency, or bureau administrative functions or
headquarters, regional, or central operations shall be
presented in annual budget justifications and subject to
approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates
shall be presented to the Committees on Appropriations for
approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds
appropriated or otherwise made available pursuant to this Act
shall be obligated or expended to accept or process
applications for a patent for any mining or mill site claim
located under the general mining laws.
(b) Exceptions.--Subsection (a) shall not apply if the
Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the
Secretary on or before September 30, 1994; and (2) all
requirements established under sections 2325 and 2326 of the
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode
claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
section 2337 of the Revised Statutes (30 U.S.C. 42) for mill
site claims, as the case may be, were fully complied with by
the applicant by that date.
(c) Report.--On September 30, 2020, the Secretary of the
Interior shall file with the House and Senate Committees on
Appropriations and the Committee on Natural Resources of the
House and the Committee on Energy and Natural Resources of
the Senate a report on actions taken by the Department under
the plan submitted pursuant to section 314(c) of the
Department of the Interior and Related Agencies
Appropriations Act, 1997 (Public Law 104-208).
(d) Mineral Examinations.--In order to process patent
applications in a timely and responsible manner, upon the
request of a patent applicant, the Secretary of the Interior
shall allow the applicant to fund a qualified third-party
contractor to be selected by the Director of the Bureau of
Land Management to conduct a mineral examination of the
mining claims or mill sites contained in a patent application
as set forth in subsection (b). The Bureau of Land Management
shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
contract support costs, prior year limitation
Sec. 405. Sections 405 and 406 of division F of the
Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year
2019.
contract support costs, fiscal year 2019 limitation
Sec. 406. Amounts provided by this Act for fiscal year
2019 under the headings ``Department of Health and Human
Services, Indian Health Service, Contract Support Costs'' and
``Department of the Interior, Bureau of Indian Affairs and
Bureau of Indian Education, Contract Support Costs'' are the
only amounts available for contract support costs arising out
of self-determination or self-governance contracts, grants,
compacts, or annual funding agreements for fiscal year 2019
with the Bureau of Indian Affairs or the Indian Health
Service: Provided, That such amounts provided by this Act
are not available for payment of claims for contract support
costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for
prior years.
forest management plans
Sec. 407. The Secretary of Agriculture shall not be
considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of
1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15
years have passed without revision of the plan for a unit of
the National Forest System. Nothing in this section exempts
the Secretary from any other requirement of the Forest and
Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et
seq.) or any other law: Provided, That if the Secretary is
not acting expeditiously and in good faith, within the
funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with
respect to such plan and a court of proper jurisdiction may
order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to
conduct preleasing, leasing and related activities under
either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the
Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.)
within the boundaries of a National Monument established
pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.)
as such boundary existed on January 20, 2001, except where
such activities are allowed under the Presidential
proclamation establishing such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds
appropriated in this Act for the acquisition of lands or
interests in lands may be expended for the filing of
declarations of taking or complaints in condemnation without
the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not
apply to funds appropriated to implement the Everglades
National Park Protection and Expansion Act of 1989, or to
funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
timber sale requirements
Sec. 410. No timber sale in Alaska's Region 10 shall be
advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging
and stumpage costs and provide a normal profit and risk
allowance under the Forest Service's appraisal process) when
appraised using a residual value appraisal. The western red
cedar timber from those sales which is surplus to the needs
of the domestic processors in Alaska, shall be made available
to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar
volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar
may be sold at prevailing export prices at the election of
the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be
used to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of
Chapter 33 of title 41, United States Code, or Chapter 137 of
title 10, United States Code, and the Federal Acquisition
Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-
638, 25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of
enactment of this Act.
[[Page S5149]]
posting of reports
Sec. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on
the public website of that agency any report required to be
submitted by the Congress in this or any other Act, upon the
determination by the head of the agency that it shall serve
the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the
requesting Committee or Committees of Congress for no less
than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment
for the Arts--
(1) The Chairperson shall only award a grant to an
individual if such grant is awarded to such individual for a
literature fellowship, National Heritage Fellowship, or
American Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial
assistance under the National Foundation on the Arts and the
Humanities Act of 1965 from funds appropriated under this
Act, the Chairperson of the National Endowment for the Arts
shall ensure that priority is given to providing services or
awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income
below the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson
of the National Endowment for the Arts shall ensure that
priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs
that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) With funds appropriated by this Act to carry out
section 5 of the National Foundation on the Arts and
Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. The Department of the Interior, the
Environmental Protection Agency, the Forest Service, and the
Indian Health Service shall provide the Committees on
Appropriations of the House of Representatives and Senate
quarterly reports on the status of balances of appropriations
including all uncommitted, committed, and unobligated funds
in each program and activity.
prohibition on use of funds
Sec. 416. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring
the issuance of permits under title V of the Clean Air Act
(42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide,
water vapor, or methane emissions resulting from biological
processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 417. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
funding prohibition
Sec. 418. None of the funds made available by this or any
other Act may be used to regulate the lead content of
ammunition, ammunition components, or fishing tackle under
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or
any other law.
contracting authorities
Sec. 419. Section 412 of Division E of Public Law 112-74
is amended by striking ``fiscal year 2019'' and inserting
``fiscal year 2020''.
extension of grazing permits
Sec. 420. The terms and conditions of section 325 of
Public Law 108-108 (117 Stat. 1307), regarding grazing
permits issued by the Forest Service on any lands not subject
to administration under section 402 of the Federal Lands
Policy and Management Act (43 U.S.C. 1752), shall remain in
effect for fiscal year 2019.
funding prohibition
Sec. 421. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network is designed to block access to
pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
forest service facility realignment and enhancement act
Sec. 422. Section 503(f) of the Forest Service Facility
Realignment and Enhancement Act of 2005 (16 U.S.C. 580d note;
Public Law 109-54) is amended by striking ``2018'' and
inserting ``2019''.
use of american iron and steel
Sec. 423. (a)(1) None of the funds made available by a
State water pollution control revolving fund as authorized by
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
12) shall be used for a project for the construction,
alteration, maintenance, or repair of a public water system
or treatment works unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ``iron and steel'' products
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental
Protection Agency (in this section referred to as the
``Administrator'') finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Administrator receives a request for a waiver
under this section, the Administrator shall make available to
the public on an informal basis a copy of the request and
information available to the Administrator concerning the
request, and shall allow for informal public input on the
request for at least 15 days prior to making a finding based
on the request. The Administrator shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Environmental Protection Agency.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking
Water State Revolving Funds for carrying out the provisions
described in subsection (a)(1) for management and oversight
of the requirements of this section.
midway island
Sec. 424. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway
Island that have been recommended by the United States Navy
for inclusion in the National Register of Historic Places (54
U.S.C. 302101).
john f. kennedy center reauthorization
Sec. 425. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b)
and inserting the following:
``(a) Maintenance, Repair, and Security.--There is
authorized to be appropriated to the Board to carry out
section 4(a)(1)(H), $24,490,000 for fiscal year 2019.
``(b) Capital Projects.--There is authorized to be
appropriated to the Board to carry out subparagraphs (F) and
(G) of section 4(a)(1), $16,800,000 for fiscal year 2019.''.
local cooperator training agreements and transfers of excess equipment
and supplies for wildfires
Sec. 426. The Secretary of the Interior is authorized to
enter into grants and cooperative agreements with volunteer
fire departments, rural fire departments, rangeland fire
protection associations, and similar organizations to provide
for wildland fire training
[[Page S5150]]
and equipment, including supplies and communication devices.
Notwithstanding 121(c) of title 40, United States Code, or
section 521 of title 40, United States Code, the Secretary is
further authorized to transfer title to excess Department of
the Interior firefighting equipment no longer needed to carry
out the functions of the Department's wildland fire
management program to such organizations.
infrastructure
Sec. 427. (a) For an additional amount for ``Environmental
Protection Agency--Hazardous Substance Superfund'',
$43,000,000, of which $38,000,000 shall be for the Superfund
Remedial program and $5,000,000 shall be for the Superfund
Emergency Response and Removal program, to remain available
until expended, consisting of such sums as are available in
the Trust Fund on September 30, 2018, as authorized by
section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $43,000,000 as a
payment from general revenues to the Hazardous Substance
Superfund for purposes as authorized by section 517(b) of
SARA.
(b) For an additional amount for ``Environmental Protection
Agency--State and Tribal Assistance Grants,'' for
environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $670,000,000 to remain
available until expended, of which--
(1) $300,000,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of
the Federal Water Pollution Control Act; and of which
$300,000,000 shall be for making capitalization grants for
the Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act;
(2) $30,000,000 shall be for grants for small and
disadvantaged communities authorized in section 2104 of the
Water Infrastructure Improvements for the Nation Act (Public
Law 114-322);
(3) $25,000,000 shall be for grants for lead testing in
school and child care program drinking water authorized in
section 2107 of the Water Infrastructure Improvements for the
Nation Act (Public Law 114-322);
(4) $15,000,000 shall be for grants for reducing lead in
drinking water authorized in section 2105 of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322).
(c) For an additional amount for ``Environmental Protection
Agency--Water Infrastructure Finance and Innovation Program
Account'', $53,000,000, to remain available until expended,
for the cost of direct loans, for the cost of guaranteed
loans, and for administrative expenses to carry out the
direct and guaranteed loan programs, of which $3,000,000, to
remain available until September 30, 2020, may be used for
such administrative expenses: Provided, That these
additional funds are available to subsidize gross obligations
for the principal amount of direct loans, including
capitalized interest, and total loan principal, including
capitalized interest, any part of which is to be guaranteed,
not to exceed $6,100,000,000.
policies relating to biomass energy
Sec. 428. To support the key role that forests in the
United States can play in addressing the energy needs of the
United States, the Secretary of Energy, the Secretary of
Agriculture, and the Administrator of the Environmental
Protection Agency shall, consistent with their missions,
jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies
that--
(A) reflect the carbon-neutrality of forest bioenergy and
recognize biomass as a renewable energy source, provided the
use of forest biomass for energy production does not cause
conversion of forests to non-forest use;
(B) encourage private investment throughout the forest
biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest health;
and
(D) recognize State initiatives to produce and use forest
biomass.
clarification of exemptions
Sec. 429. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or
fill material under the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.) for the activities identified in
subparagraphs (A) and (C) of section 404(f)(1) of the Act (33
U.S.C. 1344(f)(1)(A), (C)).
small remote incinerators
Sec. 430. None of the funds made available in this Act may
be used to implement or enforce the regulation issued on
March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with
respect to units in the State of Alaska that are defined as
``small, remote incinerator'' units in those regulations and,
until a subsequent regulation is issued, the Administrator
shall implement the law and regulations in effect prior to
such date.
recreation fees
Sec. 431. Section 810 of the Federal Lands Recreation
Enhancement Act (16 U.S.C. 6809) shall be applied by
substituting ``October 1, 2020'' for ``September 30, 2019''.
Sec. 432. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Department
of the Interior, the Environmental Protection Agency, the
Forest Service, the Indian Health Service, or the Smithsonian
Institution to acquire telecommunications equipment produced
by Huawei Technologies Company, ZTE Corporation or a high-
impact or moderate-impact information system, as defined for
security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in (1), provided that such report may
include a classified annex as necessary.
This division may be cited as the ``Department of the
Interior, Environment, and Related Agencies Appropriations
Act, 2019''.
DIVISION B--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for financial
services and general government for the fiscal year ending
September 30, 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices
including operation and maintenance of the Treasury Building
and Freedman's Bank Building; hire of passenger motor
vehicles; maintenance, repairs, and improvements of, and
purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the
performance of official business; executive direction program
activities; international affairs and economic policy
activities; domestic finance and tax policy activities,
including technical assistance to Puerto Rico; and Treasury-
wide management policies and programs activities,
$208,751,000: Provided, That of the amount appropriated
under this heading--
(1) not to exceed $700,000 is for official reception and
representation expenses, of which necessary amounts shall be
available for expenses to support activities of the Financial
Action Task Force, and not to exceed $350,000 shall be for
other official reception and representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary's certificate; and
(3) not to exceed $24,000,000 shall remain available until
September 30, 2020, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the Gulf
Coast Restoration Trust Fund;
(D) the development and implementation of programs within
the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements;
[[Page S5151]]
(E) operations and maintenance of facilities; and
(F) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system
against illicit use and to combat rogue nations, terrorist
facilitators, weapons of mass destruction proliferators,
money launderers, drug kingpins, and other national security
threats, $159,000,000: Provided, That of the amount
appropriated under this heading: (1) up to $33,500,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative
support to the Office of Terrorism and Financial
Intelligence; and (2) up to $10,000,000 shall remain
available until September 30, 2020.
cybersecurity enhancement account
For salaries and expenses for enhanced cybersecurity for
systems operated by the Department of the Treasury,
$25,208,000, to remain available until September 30, 2021:
Provided, That such funds shall supplement and not supplant
any other amounts made available to the Treasury offices and
bureaus for cybersecurity: Provided further, That the Chief
Information Officer of the individual offices and bureaus
shall submit a spend plan for each investment to the Treasury
Chief Information Officer for approval: Provided further,
That the submitted spend plan shall be reviewed and approved
by the Treasury Chief Information Officer prior to the
obligation of funds under this heading: Provided further,
That of the total amount made available under this heading
$1,000,000 shall be available for administrative expenses for
the Treasury Chief Information Officer to provide oversight
of the investments made under this heading: Provided
further, That such funds shall supplement and not supplant
any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data
processing equipment, software, and services and for repairs
and renovations to buildings owned by the Department of the
Treasury, $4,000,000, to remain available until September 30,
2021: Provided, That these funds shall be transferred to
accounts and in amounts as necessary to satisfy the
requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer
authority shall be in addition to any other transfer
authority provided in this Act: Provided further, That none
of the funds appropriated under this heading shall be used to
support or supplement ``Internal Revenue Service, Operations
Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $37,044,000, including hire of passenger motor
vehicles; of which not to exceed $100,000 shall be available
for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector
General of the Treasury; of which up to $2,800,000 to remain
available until September 30, 2020, shall be for audits and
investigations conducted pursuant to section 1608 of the
Resources and Ecosystems Sustainability, Tourist
Opportunities, and Revived Economies of the Gulf Coast States
Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed
$1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General
for Tax Administration in carrying out the Inspector General
Act of 1978, as amended, including purchase and hire of
passenger motor vehicles (31 U.S.C. 1343(b)); and services
authorized by 5 U.S.C. 3109, at such rates as may be
determined by the Inspector General for Tax Administration;
$169,634,000, of which $5,000,000 shall remain available
until September 30, 2020; of which not to exceed $6,000,000
shall be available for official travel expenses; of which not
to exceed $500,000 shall be available for unforeseen
emergencies of a confidential nature, to be allocated and
expended under the direction of the Inspector General for Tax
Administration; and of which not to exceed $1,500 shall be
available for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special
Inspector General in carrying out the provisions of the
Emergency Economic Stabilization Act of 2008 (Public Law 110-
343), $17,500,000.
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel
and training expenses of non-Federal and foreign government
personnel to attend meetings and training concerned with
domestic and foreign financial intelligence activities, law
enforcement, and financial regulation; services authorized by
5 U.S.C. 3109; not to exceed $10,000 for official reception
and representation expenses; and for assistance to Federal
law enforcement agencies, with or without reimbursement,
$117,800,000, of which not to exceed $34,335,000 shall remain
available until September 30, 2021.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the
Fiscal Service, $338,280,000; of which not to exceed
$4,210,000, to remain available until September 30, 2021, is
for information systems modernization initiatives; and of
which $5,000 shall be available for official reception and
representation expenses.
In addition, $165,000, to be derived from the Oil Spill
Liability Trust Fund to reimburse administrative and
personnel expenses for financial management of the Fund, as
authorized by section 1012 of Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger
motor vehicles, $111,439,000; of which not to exceed $6,000
for official reception and representation expenses; not to
exceed $50,000 for cooperative research and development
programs for laboratory services; and provision of laboratory
assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated
under this heading, $5,000,000 shall be for the costs of
accelerating the processing of formula and label
applications: Provided further, That of the amount
appropriated under this heading, $5,000,000, to remain
available until September 30, 2020.
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code,
the United States Mint is provided funding through the United
States Mint Public Enterprise Fund for costs associated with
the production of circulating coins, numismatic coins, and
protective services, including both operating expenses and
capital investments: Provided, That the aggregate amount of
new liabilities and obligations incurred during fiscal year
2019 under such section 5136 for circulating coinage and
protective service capital investments of the United States
Mint shall not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and
Regulatory Improvements Act of 1994 (subtitle A of title I of
Public Law 103-325), including services authorized by section
3109 of title 5, United States Code, but at rates for
individuals not to exceed the per diem rate equivalent to the
rate for EX-3, $250,000,000. Of the amount appropriated under
this heading--
(1) not less than $182,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2020, for financial assistance and technical assistance
under subparagraphs (A) and (B) of section 108(a)(1),
respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A)
and (B)), of which up to $2,680,000 may be used for the cost
of direct loans: Provided, That the cost of direct and
guaranteed loans, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal
amount of direct loans not to exceed $25,000,000;
(2) not less than $16,000,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is
available until September 30, 2020, for financial assistance,
technical assistance, training, and outreach programs
designed to benefit Native American, Native Hawaiian, and
Alaska Native communities and provided primarily through
qualified community development lender organizations with
experience and expertise in community development banking and
lending in Indian country, Native American organizations,
tribes and tribal organizations, and other suitable
providers;
(3) not less than $25,000,000 is available until September
30, 2020, for the Bank Enterprise Award program;
(4) up to $27,000,000 is available until September 30,
2019, for administrative expenses, including administration
of CDFI fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance, and
up to $300,000 is for administrative expenses to carry out
the direct loan program; and
(5) during fiscal year 2019, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A
of the Riegle Community Development and Regulatory
Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That
commitments to guarantee bonds and notes under such section
114A shall not exceed $500,000,000: Provided further, That
such section 114A shall remain in effect until December 31,
2019: Provided further, That of the
[[Page S5152]]
funds awarded under this heading, not less than 10 percent
shall be used for awards that support investments that serve
populations living in persistent poverty counties: Provided
further, That for the purposes of this section, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses and the 2011-2015 5-year data series available from
the American Community Survey of the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance
and education, filing and account services, taxpayer advocacy
services, and other services as authorized by 5 U.S.C. 3109,
at such rates as may be determined by the Commissioner,
$2,506,554,000, of which not less than $9,890,000 shall be
for the Tax Counseling for the Elderly Program, of which not
less than $12,000,000 shall be available for low-income
taxpayer clinic grants, of which not less than $15,000,000,
to remain available until September 30, 2020, shall be
available for a Community Volunteer Income Tax Assistance
matching grants program for tax return preparation
assistance, and of which not less than $206,000,000 shall be
available for operating expenses of the Taxpayer Advocate
Service: Provided, That of the amounts made available for
the Taxpayer Advocate Service, not less than $5,500,000 shall
be for identity theft and refund fraud casework.
enforcement
For necessary expenses for tax enforcement activities of
the Internal Revenue Service to determine and collect owed
taxes, to provide legal and litigation support, to conduct
criminal investigations, to enforce criminal statutes related
to violations of internal revenue laws and other financial
crimes, to purchase and hire passenger motor vehicles (31
U.S.C. 1343(b)), and to provide other services as authorized
by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not to exceed
$50,000,000 shall remain available until September 30, 2020,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
operations support
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including
rent payments; facilities services; printing; postage;
physical security; headquarters and other IRS-wide
administration activities; research and statistics of income;
telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire
of passenger motor vehicles (31 U.S.C. 1343(b)); the
operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such
rates as may be determined by the Commissioner;
$3,709,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2020; of which not to
exceed $10,000,000 shall remain available until expended for
acquisition of equipment and construction, repair and
renovation of facilities; of which not to exceed $1,000,000
shall remain available until September 30, 2021, for
research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That not later than 30 days after the end of each quarter,
the Internal Revenue Service shall submit a report to the
Committees on Appropriations of the House of Representatives
and the Senate and the Comptroller General of the United
States detailing the cost and schedule performance for its
major information technology investments, including the
purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such
investments and strategies the Internal Revenue Service is
using to mitigate such risks; and the expected developmental
milestones to be achieved and costs to be incurred in the
next quarter: Provided further, That the Internal Revenue
Service shall include, in its budget justification for fiscal
year 2020, a summary of cost and schedule performance
information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's
business systems modernization program, $110,000,000, to
remain available until September 30, 2021, for the capital
asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including related Internal Revenue Service
labor costs, and contractual costs associated with operations
authorized by 5 U.S.C. 3109: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue
Service shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate
and the Comptroller General of the United States detailing
the cost and schedule performance for major information
technology investments, including the purposes and life-cycle
stages of the investments; the reasons for any cost and
schedule variances; the risks of such investments and the
strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to any other Internal Revenue Service
appropriation upon the advance approval of the Committees on
Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following
topics: taxpayers' rights, dealing courteously with
taxpayers, cross-cultural relations, ethics, and the
impartial application of tax law.
Sec. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the
confidentiality of taxpayer information and protect taxpayers
against identity theft.
Sec. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved
facilities and increased staffing to provide sufficient and
effective 1-800 help line service for taxpayers. The
Commissioner shall continue to make improvements to the
Internal Revenue Service 1-800 help line service a priority
and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to
victims of tax-related crimes.
Sec. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video
unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into
account the cost, topic, tone, and purpose of the video.
Sec. 106. The Internal Revenue Service shall issue a
notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice
shall be sent to both the employer's former and new address
and an officer or employee of the Internal Revenue Service
shall give special consideration to an offer-in-compromise
from a taxpayer who has been the victim of fraud by a third
party payroll tax preparer.
Sec. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target
citizens of the United States for exercising any right
guaranteed under the First Amendment to the Constitution of
the United States.
Sec. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for
regulatory scrutiny based on their ideological beliefs.
Sec. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on
conferences that do not adhere to the procedures,
verification processes, documentation requirements, and
policies issued by the Chief Financial Officer, Human Capital
Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by
the Treasury Inspector General for Tax Administration
entitled ``Review of the August 2010 Small Business/Self-
Employed Division's Conference in Anaheim, California''
(Reference Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal
Revenue Code of 1986 (relating to confidentiality and
disclosure of returns and return information).
Sec. 112. Except to the extent provided in section 6014,
6020, or 6201(d) of the Internal Revenue Code of 1986, no
funds in this or any other Act shall be available to the
Secretary of the Treasury to provide to any person a proposed
final return or statement for use by such person to satisfy a
filing or reporting requirement under such Code.
Sec. 113. In addition to the amounts otherwise made
available in this Act for the Internal Revenue Service,
$77,000,000, to be available until September 30, 2020, shall
be transferred by the Commissioner to the ``Taxpayer
Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional
amount to be used solely for carrying out Public Law 115-97:
Provided, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of
the House of Representatives and the Senate a spending plan
for such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including
maintenance, repairs, and cleaning; purchase of insurance for
official motor vehicles operated in foreign countries;
purchase of motor vehicles without regard to the general
purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts
with the Department of State for the furnishing of
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health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5
U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Terrorism and
Financial Intelligence'', ``Office of Inspector General'',
``Special Inspector General for the Troubled Asset Relief
Program'', ``Financial Crimes Enforcement Network'', ``Bureau
of the Fiscal Service'', and ``Alcohol and Tobacco Tax and
Trade Bureau'' may be transferred between such appropriations
upon the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate: Provided,
That no transfer under this section may increase or decrease
any such appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation
made available in this Act to the Internal Revenue Service
may be transferred to the Treasury Inspector General for Tax
Administration's appropriation upon the advance approval of
the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer
may increase or decrease any such appropriation by more than
2 percent.
Sec. 117. None of the funds appropriated in this Act or
otherwise available to the Department of the Treasury or the
Bureau of Engraving and Printing may be used to redesign the
$1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds
from the ``Bureau of the Fiscal Service-Salaries and
Expenses'' to the Debt Collection Fund as necessary to cover
the costs of debt collection: Provided, That such amounts
shall be reimbursed to such salaries and expenses account
from debt collections received in the Debt Collection Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the
explicit approval of the Committees on Appropriations of the
House of Representatives and the Senate, the House Committee
on Financial Services, and the Senate Committee on Banking,
Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the
Department of the Treasury, the Bureau of Engraving and
Printing, and the United States Mint, individually or
collectively, may be used to consolidate any or all functions
of the Bureau of Engraving and Printing and the United States
Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing,
and Urban Affairs; and the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made
available by the transfer of funds in this Act, for the
Department of the Treasury's intelligence or intelligence
related activities are deemed to be specifically authorized
by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year 2019
until the enactment of the Intelligence Authorization Act for
Fiscal Year 2019.
Sec. 122. Not to exceed $5,000 shall be made available
from the Bureau of Engraving and Printing's Industrial
Revolving Fund for necessary official reception and
representation expenses.
Sec. 123. The Secretary of the Treasury shall submit a
Capital Investment Plan to the Committees on Appropriations
of the Senate and the House of Representatives not later than
30 days following the submission of the annual budget
submitted by the President: Provided, That such Capital
Investment Plan shall include capital investment spending
from all accounts within the Department of the Treasury,
including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund
account, and the Treasury Forfeiture Fund account: Provided
further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each
capital investment project that has not been fully completed.
Sec. 124. Within 45 days after the date of enactment of
this Act, the Secretary of the Treasury shall submit an
itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of
total funds charged to each office by the Franchise Fund
including the amount charged for each service provided by the
Franchise Fund to each office, a detailed description of the
services, a detailed explanation of how each charge for each
service is calculated, and a description of the role
customers have in governing in the Franchise Fund.
Sec. 125. During fiscal year 2019--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize
any regulation, revenue ruling, or other guidance not limited
to a particular taxpayer relating to the standard which is
used to determine whether an organization is operated
exclusively for the promotion of social welfare for purposes
of section 501(c)(4) of the Internal Revenue Code of 1986
(including the proposed regulations published at 78 Fed. Reg.
71535 (November 29, 2013)); and
(2) the standard and definitions as in effect on January 1,
2010, which are used to make such determinations shall apply
after the date of the enactment of this Act for purposes of
determining status under section 501(c)(4) of such Code of
organizations created on, before, or after such date.
Sec. 126. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of
Financial Research shall submit reports on their activities
to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial
Services of the House of Representatives and the Senate
Committee on Banking, Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall
include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the
fiscal year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in
subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available
to testify on the contents of the reports required under
subsection (a).
Sec. 127. Amounts made available under the heading
``Office of Terrorism and Financial Intelligence'' shall be
available to reimburse the ``Departmental Offices--Salaries
and Expenses'' account for expenses incurred in such account
for reception and representation expenses to support
activities of the Financial Action Task Force.
Sec. 128. Amounts in the Bureau of Engraving and Printing
Fund may be used for the acquisition of necessary land for,
and construction of, a replacement currency production
facility.
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2019''.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by
law, including not to exceed $3,850,000 for services as
authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence
expenses as authorized by 3 U.S.C. 105, which shall be
expended and accounted for as provided in that section; hire
of passenger motor vehicles, and travel (not to exceed
$100,000 to be expended and accounted for as provided by 3
U.S.C. 103); and not to exceed $19,000 for official reception
and representation expenses, to be available for allocation
within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, $55,000,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the
White House, $13,081,000, to be expended and accounted for as
provided by 3 U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided,
That all reimbursable operating expenses of the Executive
Residence shall be made in accordance with the provisions of
this paragraph: Provided further, That, notwithstanding any
other provision of law, such amount for reimbursable
operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive
offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person
sponsoring a reimbursable political event to pay in advance
an amount equal to the estimated cost of the event, and all
such advance payments shall be credited to this account and
remain available until expended: Provided further, That the
Executive Residence shall require the national committee of
the political party of the President to maintain on deposit
$25,000, to be separately accounted for and available for
expenses relating to reimbursable political events sponsored
by such committee during such fiscal year: Provided further,
That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating
expense under this paragraph is submitted to the person owing
such amount within 60 days after such expense is incurred,
and that such amount is collected within 30 days after the
submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess
penalties and other charges on any such amount that is not
reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding
debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is
reimbursed, and any accompanying interest and charges, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That the Executive Residence shall prepare
[[Page S5154]]
and submit to the Committees on Appropriations, by not later
than 90 days after the end of the fiscal year covered by this
Act, a report setting forth the reimbursable operating
expenses of the Executive Residence during the preceding
fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official
and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each
such amount that has been reimbursed as of the date of the
report: Provided further, That the Executive Residence shall
maintain a system for the tracking of expenses related to
reimbursable events within the Executive Residence that
includes a standard for the classification of any such
expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the
Executive Residence from any other applicable requirement of
subchapter I or II of chapter 37 of title 31, United States
Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the
Executive Residence at the White House pursuant to 3 U.S.C.
105(d), $750,000, to remain available until expended, for
required maintenance, resolution of safety and health issues,
and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of
1946 (15 U.S.C. 1021 et seq.), $4,187,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as
authorized by 5 U.S.C. 3109, $11,800,000.
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3
U.S.C. 107, and hire of passenger motor vehicles,
$100,000,000, of which not to exceed $12,800,000 shall remain
available until expended for continued modernization of
information resources within the Executive Office of the
President.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and
services as authorized by 5 U.S.C. 3109, to carry out the
provisions of chapter 35 of title 44, United States Code, and
to prepare and submit the budget of the United States
Government, in accordance with section 1105(a) of title 31,
United States Code, $101,000,000, of which not to exceed
$3,000 shall be available for official representation
expenses: Provided, That none of the funds appropriated in
this Act for the Office of Management and Budget may be used
for the purpose of reviewing any agricultural marketing
orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C.
601 et seq.): Provided further, That none of the funds made
available for the Office of Management and Budget by this Act
may be expended for the altering of the transcript of actual
testimony of witnesses, except for testimony of officials of
the Office of Management and Budget, before the Committees on
Appropriations or their subcommittees: Provided further,
That none of the funds made available for the Office of
Management and Budget by this Act may be expended for the
altering of the annual work plan developed by the Corps of
Engineers for submission to the Committees on Appropriations:
Provided further, That of the funds made available for the
Office of Management and Budget by this Act, no less than
three full-time equivalent senior staff position shall be
dedicated solely to the Office of the Intellectual Property
Enforcement Coordinator: Provided further, That none of the
funds provided in this or prior Acts shall be used, directly
or indirectly, by the Office of Management and Budget, for
evaluating or determining if water resource project or study
reports submitted by the Chief of Engineers acting through
the Secretary of the Army are in compliance with all
applicable laws, regulations, and requirements relevant to
the Civil Works water resource planning process: Provided
further, That the Office of Management and Budget shall have
not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of
Engineers has reported: Provided further, That the Director
of the Office of Management and Budget shall notify the
appropriate authorizing and appropriating committees when the
60-day review is initiated: Provided further, That if water
resource reports have not been transmitted to the appropriate
authorizing and appropriating committees within 15 days after
the end of the Office of Management and Budget review period
based on the notification from the Director, Congress shall
assume Office of Management and Budget concurrence with the
report and act accordingly.
In addition, $2,000,000 for the Office of Information and
Regulatory Affairs to hire additional personnel dedicated to
regulatory review and reforms: Provided, That these amounts
shall be in addition to any other amounts available for such
purpose: Provided further, That these funds may not be used
to backfill vacancies.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug
Control Policy; for research activities pursuant to the
Office of National Drug Control Policy Reauthorization Act of
2006 (Public Law 109-469); not to exceed $10,000 for official
reception and representation expenses; and for participation
in joint projects or in the provision of services on matters
of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement,
$18,400,000: Provided, That the Office is authorized to
accept, hold, administer, and utilize gifts, both real and
personal, public and private, without fiscal year limitation,
for the purpose of aiding or facilitating the work of the
Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For necessary expenses of the Office of National Drug
Control Policy's High Intensity Drug Trafficking Areas
Program, $280,000,000, to remain available until September
30, 2020, for drug control activities consistent with the
approved strategy for each of the designated High Intensity
Drug Trafficking Areas (``HIDTAs''), of which not less than
51 percent shall be transferred to State and local entities
for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up
to 49 percent may be transferred to Federal agencies and
departments in amounts determined by the Director of the
Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated
activities: Provided further, That, notwithstanding the
requirements of Public Law 106-58, any unexpended funds
obligated prior to fiscal year 2017 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That each HIDTA designated
as of September 30, 2018, shall be funded at not less than
the fiscal year 2018 base level, unless the Director submits
to the Committees on Appropriations of the House of
Representatives and the Senate justification for changes to
those levels based on clearly articulated priorities and
published Office of National Drug Control Policy performance
measures of effectiveness: Provided further, That the
Director shall notify the Committees on Appropriations of the
initial allocation of fiscal year 2019 funding among HIDTAs
not later than 45 days after enactment of this Act, and shall
notify the Committees of planned uses of discretionary HIDTA
funding, as determined in consultation with the HIDTA
Directors, not later than 90 days after enactment of this
Act: Provided further, That upon a determination that all or
part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon
notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be
transferred back to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office
of National Drug Control Policy Reauthorization Act of 2006
(Public Law 109-469), $117,327,000, to remain available until
expended, which shall be available as follows: $99,000,000
for the Drug-Free Communities Program, of which $2,000,000
shall be made available as directed by section 4 of Public
Law 107-82, as amended by Public Law 109-469 (21 U.S.C. 1521
note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,577,000
for the United States membership dues to the World Anti-
Doping Agency; and $1,250,000 shall be made available as
directed by section 1105 of Public Law 109-469; and
$3,000,000, to remain available until expended, shall be for
activities authorized by section 103 of Public Law 114-198:
Provided, That amounts made available under this heading may
be transferred to other Federal departments and agencies to
carry out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest,
security, or defense which may arise at home or abroad during
the current fiscal year, as authorized by 3 U.S.C. 108,
$1,000,000, to remain available until September 30, 2020.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated,
efficient, secure, and effective uses of information
technology in the Federal Government, $19,000,000, to remain
available until expended: Provided, That the Director of the
Office of Management and Budget may transfer these funds to
one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to
provide assistance to the President in connection with
specially assigned functions; services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses
as authorized by 3 U.S.C. 106, which shall be expended and
accounted for as provided in that section; and hire of
passenger motor vehicles, $4,288,000.
[[Page S5155]]
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to
the extent not otherwise provided for, heating and lighting,
including electric power and fixtures, of the official
residence of the Vice President; the hire of passenger motor
vehicles; and not to exceed $90,000 pursuant to 3 U.S.C.
106(b)(2), $302,000: Provided, That advances, repayments, or
transfers from this appropriation may be made to any
department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the
headings ``The White House'', ``Executive Residence at the
White House'', ``White House Repair and Restoration'',
``Council of Economic Advisers'', ``National Security Council
and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'',
and ``Official Residence of the Vice President'', the
Director of the Office of Management and Budget (or such
other officer as the President may designate in writing),
may, with advance approval of the Committees on
Appropriations of the House of Representatives and the
Senate, transfer not to exceed 10 percent of any such
appropriation to any other such appropriation, to be merged
with and available for the same time and for the same
purposes as the appropriation to which transferred:
Provided, That the amount of an appropriation shall not be
increased by more than 50 percent by such transfers:
Provided further, That no amount shall be transferred from
``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the
Vice President.
Sec. 202. (a) During fiscal year 2019, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary
impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal year period
beginning in fiscal year 2019; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year
period beginning in fiscal year 2019.
(c) If an Executive order or Presidential memorandum is
issued during fiscal year 2019 due to a national emergency,
the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15
days after the date that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential
memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of
$100,000,000.
This title may be cited as the ``Executive Office of the
President Appropriations Act, 2019''.
TITLE III
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme
Court, as required by law, excluding care of the building and
grounds, including hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000
for official reception and representation expenses; and for
miscellaneous expenses, to be expended as the Chief Justice
may approve, $84,703,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
justice and associate justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
the Architect by 40 U.S.C. 6111 and 6112, $15,999,000, to
remain available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $32,016,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court,
services, and necessary expenses of the court, as authorized
by law, $19,450,000.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of the chief
judge and judges of the court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of
Federal Claims, magistrate judges, and all other officers and
employees of the Federal Judiciary not otherwise specifically
provided for, necessary expenses of the courts, and the
purchase, rental, repair, and cleaning of uniforms for
Probation and Pretrial Services Office staff, as authorized
by law, $5,154,461,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall
remain available until expended for space alteration projects
and for furniture and furnishings related to new space
alteration and construction projects.
In addition, there are appropriated such sums as may be
necessary under current law for the salaries of circuit and
district judges (including judges of the territorial courts
of the United States), bankruptcy judges, and justices and
judges retired from office or from regular active service.
In addition, for expenses of the United States Court of
Federal Claims associated with processing cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660), not to exceed $8,475,000, to be appropriated from the
Vaccine Injury Compensation Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys
appointed to represent persons under 18 U.S.C. 3006A and
3599, and for the compensation and reimbursement of expenses
of persons furnishing investigative, expert, and other
services for such representations as authorized by law; the
compensation (in accordance with the maximums under 18 U.S.C.
3006A) and reimbursement of expenses of attorneys appointed
to assist the court in criminal cases where the defendant has
waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent
jurors in civil actions for the protection of their
employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with
certain judicial civil forfeiture proceedings; the
compensation and reimbursement of travel expenses of
guardians ad litem appointed under 18 U.S.C. 4100(b); and for
necessary training and general administrative expenses,
$1,140,846,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as
authorized by 28 U.S.C. 1863; and compensation of
commissioners appointed in condemnation cases pursuant to
rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $49,750,000, to remain
available until expended: Provided, That the compensation of
land commissioners shall not exceed the daily equivalent of
the highest rate payable under 5 U.S.C. 5332.
court security
(including transfer of funds)
For necessary expenses, not otherwise provided for,
incident to the provision of protective guard services for
United States courthouses and other facilities housing
Federal court operations, and the procurement, installation,
and maintenance of security systems and equipment for United
States courthouses and other facilities housing Federal court
operations, including building ingress-egress control,
inspection of mail and packages, directed security patrols,
perimeter security, basic security services provided by the
Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and
Access to Justice Act (Public Law 100-702), $604,460,000, of
which not to exceed $20,000,000 shall remain available until
expended, to be expended directly or transferred to the
United States Marshals Service, which shall be responsible
for administering the Judicial Facility Security Program
consistent with standards or guidelines agreed to by the
Director of the Administrative Office of the United States
Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel
as authorized by 31 U.S.C. 1345, hire of a passenger motor
vehicle as authorized by 31 U.S.C. 1343(b), advertising and
rent in the District of Columbia and elsewhere, $92,413,000,
of which not to exceed $8,500 is authorized for official
reception and representation expenses.
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90-219, $29,819,000; of which
$1,800,000 shall remain available through September 30, 2020,
to provide education and training to Federal court personnel;
and of which not to exceed $1,500 is authorized for official
reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the
provisions of chapter 58 of title 28, United States Code,
$18,548,000, of which not to exceed $1,000 is authorized for
official reception and representation expenses.
[[Page S5156]]
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this
title which are available for salaries and expenses shall be
available for services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Judiciary
in this Act may be transferred between such appropriations,
but no such appropriation, except ``Courts of Appeals,
District Courts, and Other Judicial Services, Defender
Services'' and ``Courts of Appeals, District Courts, and
Other Judicial Services, Fees of Jurors and Commissioners'',
shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under
sections 604 and 608 of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ``Courts of Appeals,
District Courts, and Other Judicial Services'' shall be
available for official reception and representation expenses
of the Judicial Conference of the United States: Provided,
That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office
of the United States Courts in the capacity as Secretary of
the Judicial Conference.
Sec. 304. Section 3315(a) of title 40, United States Code,
shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and
notwithstanding any other provision of law, the United States
Marshals Service shall provide, for such courthouses as its
Director may designate in consultation with the Director of
the Administrative Office of the United States Courts, for
purposes of a pilot program, the security services that 40
U.S.C. 1315 authorizes the Department of Homeland Security to
provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). For building-specific security services at
these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland
Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements
Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is
amended in the matter following paragraph 12--
(1) in the second sentence (relating to the District of
Kansas), by striking ``27 years and 6 months'' and inserting
``28 years and 6 months''; and
(2) in the sixth sentence (relating to the District of
Hawaii), by striking ``24 years and 6 months'' and inserting
``25 years and 6 months''.
(b) Section 406 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of
Columbia, and Independent Agencies Appropriations Act, 2006
(Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is
amended in the second sentence (relating to the eastern
District of Missouri) by striking ``25 years and 6 months''
and inserting ``26 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of
Justice Appropriations Authorization Act (Public Law 107-273;
28 U.S.C. 133 note), is amended--
(1) in the first sentence by striking ``16 years'' and
inserting ``17 years'';
(2) in the second sentence (relating to the central
District of California), by striking ``15 years and 6
months'' and inserting ``16 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``14 years'' and inserting
``15 years''.
This title may be cited as the ``Judiciary Appropriations
Act, 2019''.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program
to be administered by the Mayor, for District of Columbia
resident tuition support, $30,000,000, to remain available
until expended: Provided, That such funds, including any
interest accrued thereon, may be used on behalf of eligible
District of Columbia residents to pay an amount based upon
the difference between in-State and out-of-State tuition at
public institutions of higher education, or to pay up to
$2,500 each year at eligible private institutions of higher
education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident's academic
merit, the income and need of eligible students and such
other factors as may be authorized: Provided further, That
the District of Columbia government shall maintain a
dedicated account for the Resident Tuition Support Program
that shall consist of the Federal funds appropriated to the
Program in this Act and any subsequent appropriations, any
unobligated balances from prior fiscal years, and any
interest earned in this or any fiscal year: Provided
further, That the account shall be under the control of the
District of Columbia Chief Financial Officer, who shall use
those funds solely for the purposes of carrying out the
Resident Tuition Support Program: Provided further, That the
Office of the Chief Financial Officer shall provide a
quarterly financial report to the Committees on
Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures
made and the purpose therefor.
federal payment for emergency planning and security costs in the
district of columbia
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written
consultation with the elected county or city officials of
surrounding jurisdictions, $12,000,000, to remain available
until expended, for the costs of providing public safety at
events related to the presence of the National Capital in the
District of Columbia, including support requested by the
Director of the United States Secret Service in carrying out
protective duties under the direction of the Secretary of
Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or
attacks in the District of Columbia or surrounding
jurisdictions.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $244,939,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $13,379,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $121,251,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $71,909,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $38,400,000, to remain available
until September 30, 2020, for capital improvements for
District of Columbia courthouse facilities: Provided, That
funds made available for capital improvements shall be
expended consistent with the District of Columbia Courts
master plan study and facilities condition assessment:
Provided further, That notwithstanding any other provision of
law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That 30 days after providing
written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of
Columbia Courts may reallocate not more than $9,000,000 of
the funds provided under this heading among the items and
entities funded under this heading: Provided further, That
the Joint Committee on Judicial Administration in the
District of Columbia may, by regulation, establish a program
substantially similar to the program set forth in subchapter
II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
(including transfer of funds)
For payments authorized under section 11-2604 and section
11-2605, D.C. Official Code (relating to representation
provided under the District of Columbia Criminal Justice
Act), payments for counsel appointed in proceedings in the
Family Court of the Superior Court of the District of
Columbia under chapter 23 of title 16, D.C. Official Code, or
pursuant to contractual agreements to provide guardian ad
litem representation, training, technical assistance, and
such other services as are necessary to improve the quality
of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21-2060, D.C. Official Code (relating to services provided
under the District of Columbia Guardianship, Protective
Proceedings, and Durable Power of Attorney Act of 1986),
$46,005,000, to remain available until expended: Provided,
That not more than $20,000,000 in unobligated funds provided
in this account may be transferred to and merged with funds
made available under the heading ``Federal Payment to the
District of Columbia Courts,'' to be available for the same
period and purposes as funds made available under that
heading for capital improvements to District of Columbia
courthouse facilities: Provided further, That funds provided
under this heading shall be administered by the Joint
Committee on Judicial Administration in the District of
Columbia: Provided further, That, notwithstanding any other
provision of law, this appropriation shall be apportioned
quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds
appropriated for expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender
Supervision Agency for the District of Columbia, as
authorized by the National Capital Revitalization and Self-
Government Improvement Act of 1997, $256,724,000, of which
not to exceed $2,000 is for official reception and
representation expenses related to Community Supervision and
Pretrial Services Agency programs, and of which not to exceed
$25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002: Provided, That,
of the
[[Page S5157]]
funds appropriated under this heading, $183,166,000 shall be
for necessary expenses of Community Supervision and Sex
Offender Registration, to include expenses relating to the
supervision of adults subject to protection orders or the
provision of services for or related to such persons, of
which $5,919,000 shall remain available until September 30,
2021 for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That, of the funds
appropriated under this heading, $73,558,000 shall be
available to the Pretrial Services Agency, of which
$7,304,000 shall remain available until September 30, 2021
for costs associated with relocation under a replacement
lease for headquarters offices, field offices, and related
facilities: Provided further, That notwithstanding any other
provision of law, all amounts under this heading shall be
apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal
agencies: Provided further, That amounts under this heading
may be used for programmatic incentives for defendants to
successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public
Defender Service, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$45,858,000, of which $4,471,000 shall be available until
September 30, 2021 for costs associated with relocation under
a replacement lease for headquarters offices, field offices,
and related facilities: Provided, That notwithstanding any
other provision of law, all amounts under this heading shall
be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating
Council, $2,150,000, to remain available until expended, to
support initiatives related to the coordination of Federal
and local criminal justice resources in the District of
Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September
30, 2020, to the Commission on Judicial Disabilities and
Tenure, $295,000, and for the Judicial Nomination Commission,
$270,000.
federal payment for school improvement
For a Federal payment for a school improvement program in
the District of Columbia, $52,500,000, to remain available
until expended, for payments authorized under the Scholarship
for Opportunity and Results Act (division C of Public Law
112-10): Provided, That, to the extent that funds are
available for opportunity scholarships and following the
priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to
students eligible under section 3013(3) of such Act (Public
Law 112-10; 125 Stat. 211) including students who were not
offered a scholarship during any previous school year:
Provided further, That within funds provided for opportunity
scholarships up to $1,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) of the Act and
up to $500,000 shall be for the activities specified in
section 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $435,000, to remain available until expended for the
Major General David F. Wherley, Jr. District of Columbia
National Guard Retention and College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals
with, human immunodeficiency virus and acquired
immunodeficiency syndrome in the District of Columbia,
$2,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia
for the current fiscal year out of the General Fund of the
District of Columbia (``General Fund'') for programs and
activities set forth under the heading ``part a--summary of
expenses'' and at the rate set forth under such heading, as
included in the Fiscal Year 2019 Budget Request Act of 2018
submitted to Congress by the District of Columbia, as amended
as of the date of enactment of this Act: Provided, That
notwithstanding any other provision of law, except as
provided in section 450A of the District of Columbia Home
Rule Act (section 1-204.50a, D.C. Official Code), sections
816 and 817 of the Financial Services and General Government
Appropriations Act, 2009 (secs. 47-369.01 and 47-369.02, D.C.
Official Code), and provisions of this Act, the total amount
appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2019 under this heading
shall not exceed the estimates included in the Fiscal Year
2019 Budget Request Act of 2018 submitted to Congress by the
District of Columbia, as amended as of the date of enactment
of this Act or the sum of the total revenues of the District
of Columbia for such fiscal year: Provided further, That the
amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or
unanticipated operating or capital needs: Provided further,
That such increases shall be approved by enactment of local
District law and shall comply with all reserve requirements
contained in the District of Columbia Home Rule Act:
Provided further, That the Chief Financial Officer of the
District of Columbia shall take such steps as are necessary
to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made
available to the District during fiscal year 2019, except
that the Chief Financial Officer may not reprogram for
operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and
Sewer Authority, $10,000,000, to remain available until
expended, to continue implementation of the Combined Sewer
Overflow Long-Term Plan: Provided, That the District of
Columbia Water and Sewer Authority provides a 100 percent
match for this payment.
This title may be cited as the ``District of Columbia
Appropriations Act, 2019''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq.,
$3,100,000, to remain available until September 30, 2020, of
which not to exceed $1,000 is for official reception and
representation expenses.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the
Commodity Exchange Act (7 U.S.C. 1 et seq.), including the
purchase and hire of passenger motor vehicles, and the rental
of space (to include multiple year leases), in the District
of Columbia and elsewhere, $281,500,000, including not to
exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, of which
not less than $57,000,000, to remain available until
September 30, 2020, shall be for the purchase of information
technology and of which not less than $3,302,509 shall be for
expenses of the Office of the Inspector General: Provided,
That notwithstanding the limitations in 31 U.S.C. 1553,
amounts provided under this heading are available for the
liquidation of obligations equal to current year payments on
leases entered into prior to the date of enactment of this
Act: Provided further, That for the purpose of recording and
liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso,
such amounts shall be transferred to and recorded in a no-
year account in the Treasury, which has been established for
the sole purpose of recording adjustments for and liquidating
such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $4,000 for official
reception and representation expenses, $126,000,000.
administrative provisions--consumer product safety commission
Sec. 501. During fiscal year 2019, none of the amounts
made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway
Vehicles published by the Consumer Product Safety Commission
in the Federal Register on November 19, 2014 (79 Fed. Reg.
68964) until after--
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine--
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard for
purposes of reducing the risk of Recreational Off-Highway
Vehicle (referred to in this section as ``ROV'') rollovers in
the off-road environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if
the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal to
provide information on a point-of-sale hangtag about a ROV's
rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
[[Page S5158]]
(2) a report containing the results of the study completed
under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Energy and Commerce of the House of
Representatives;
(C) the Committee on Appropriations of the Senate; and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107-252), $9,200,000, of which
$1,500,000 shall be transferred to the National Institute of
Standards and Technology for election reform activities
authorized under the Help America Vote Act of 2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and
allowances therefor, as authorized by 5 U.S.C. 5901-5902; not
to exceed $4,000 for official reception and representation
expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$333,118,000, to remain available until expended: Provided,
That $333,118,000 of offsetting collections shall be assessed
and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for
necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during
fiscal year 2019 so as to result in a final fiscal year 2019
appropriation estimated at $0: Provided further, That any
offsetting collections received in excess of $333,118,000 in
fiscal year 2019 shall not be available for obligation:
Provided further, That remaining offsetting collections from
prior years collected in excess of the amount specified for
collection in each such year and otherwise becoming available
on October 1, 2018, shall not be available for obligation:
Provided further, That, notwithstanding 47 U.S.C.
309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation
shall not exceed $130,284,000 for fiscal year 2019: Provided
further, That, of the amount appropriated under this heading,
not less than $11,064,000 shall be for the salaries and
expenses of the Office of Inspector General.
administrative provisions--federal communications commission
Sec. 510. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal
service support payments to implement the February 27, 2004
recommendations of the Federal-State Joint Board on Universal
Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $42,982,000, to be derived from the Deposit
Insurance Fund or, only when appropriate, the FSLIC
Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the
Federal Election Campaign Act of 1971, $71,250,000, of which
not to exceed $5,000 shall be available for reception and
representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the
Federal Labor Relations Authority, pursuant to Reorganization
Plan Numbered 2 of 1978, and the Civil Service Reform Act of
1978, including services authorized by 5 U.S.C. 3109, and
including hire of experts and consultants, hire of passenger
motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of
conference rooms in the District of Columbia and elsewhere,
$26,200,000: Provided, That public members of the Federal
Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C.
5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109:
Provided further, That, notwithstanding 31 U.S.C. 3302, funds
received from fees charged to non-Federal participants at
labor-management relations conferences shall be credited to
and merged with this account, to be available without further
appropriation for the costs of carrying out these
conferences.
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109;
hire of passenger motor vehicles; and not to exceed $2,000
for official reception and representation expenses,
$309,700,000, to remain available until expended: Provided,
That not to exceed $300,000 shall be available for use to
contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law,
not to exceed $136,000,000 of offsetting collections derived
from fees collected for premerger notification filings under
the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15
U.S.C. 18a), regardless of the year of collection, shall be
retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any
other provision of law, not to exceed $17,000,000 in
offsetting collections derived from fees sufficient to
implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and
Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be
credited to this account, and be retained and used for
necessary expenses in this appropriation: Provided further,
That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during
fiscal year 2019, so as to result in a final fiscal year 2019
appropriation from the general fund estimated at not more
than $156,700,000: Provided further, That none of the funds
made available to the Federal Trade Commission may be used to
implement subsection (e)(2)(B) of section 43 of the Federal
Deposit Insurance Act (12 U.S.C. 1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections
deposited into the Fund, shall be available for necessary
expenses of real property management and related activities
not otherwise provided for, including operation, maintenance,
and protection of federally owned and leased buildings;
rental of buildings in the District of Columbia; restoration
of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses)
in connection with the assignment, allocation, and transfer
of space; contractual services incident to cleaning or
servicing buildings, and moving; repair and alteration of
federally owned buildings, including grounds, approaches, and
appurtenances; care and safeguarding of sites; maintenance,
preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as
otherwise authorized by law; acquisition of options to
purchase buildings and sites; conversion and extension of
federally owned buildings; preliminary planning and design of
projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and
payment of principal, interest, and any other obligations for
public buildings acquired by installment purchase and
purchase contract; in the aggregate amount of $9,633,450,000,
of which--
(1) $1,080,068,000 shall remain available until expended
for construction and acquisition (including funds for sites
and expenses, and associated design and construction
services) as follows:
(A) $767,900,000 shall be for the Department of
Transportation Lease Purchase Option, Washington, District of
Columbia;
(B) $100,000,000 shall be for the DHS Consolidation at St.
Elizabeths, Washington, District of Columbia;
(C) $27,268,000 shall be for the Former Hardesty Federal
Complex, Kansas City, Missouri;
(D) $9,000,000 shall be for the Southeast Federal Center
Remediation, Washington, District of Columbia; and
(E) $175,900,000 shall be for the Calexico West Land Port
of Entry, Calexico, California:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a
transmitted prospectus, if required, unless advance approval
is obtained from the Committees on Appropriations of a
greater amount;
(2) $890,419,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $424,690,000 is for Major Repairs and Alterations;
(B) $373,556,000 is for Basic Repairs and Alterations; and
(C) $92,173,000 is for Special Emphasis Programs, of
which--
(i) $30,000,000 is for Fire and Life Safety;
(ii) $11,500,000 is for Judiciary Capital Security; and
(iii) $50,673,000 is for Consolidation Activities:
Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further,
That no consolidation project exceed $10,000,000 in costs:
Provided further, That consolidation projects are approved by
each of the committees specified in section 3307(a) of title
40, United States Code: Provided further, That preference is
given to consolidation projects that achieve a utilization
rate of 130 usable square feet or less per person for office
space: Provided further, That the obligation of funds under
this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation
for each project to be undertaken, including estimated
savings, has been submitted to the Committees on
Appropriations of the House of Representatives and the
Senate:
[[Page S5159]]
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount
identified for each project, except each project in this or
any previous Act may be increased by an amount not to exceed
10 percent unless advance approval is obtained from the
Committees on Appropriations of a greater amount: Provided
further, That additional projects for which prospectuses have
been fully approved may be funded under this category only if
advance approval is obtained from the Committees on
Appropriations: Provided further, That the amounts provided
in this or any prior Act for ``Repairs and Alterations'' may
be used to fund costs associated with implementing security
improvements to buildings necessary to meet the minimum
standards for security in accordance with current law and in
compliance with the reprogramming guidelines of the
appropriate Committees of the House and Senate: Provided
further, That the difference between the funds appropriated
and expended on any projects in this or any prior Act, under
the heading ``Repairs and Alterations'', may be transferred
to Basic Repairs and Alterations or used to fund authorized
increases in prospectus projects: Provided further, That the
amount provided in this or any prior Act for Basic Repairs
and Alterations may be used to pay claims against the
Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized
increases in prospectus projects;
(3) $5,418,845,000 for rental of space to remain available
until expended; and
(4) $2,244,118,000 for building operations to remain
available until expended: Provided, That the total amount of
funds made available from this Fund to the General Services
Administration shall not be available for expenses of any
construction, repair, alteration and acquisition project for
which a prospectus, if required by 40 U.S.C. 3307(a), has not
been approved, except that necessary funds may be expended
for each project for required expenses for the development of
a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide
such reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the
United States Secret Service to perform its protective
functions pursuant to 18 U.S.C. 3056, shall be available from
such revenues and collections: Provided further, That
revenues and collections and any other sums accruing to this
Fund during fiscal year 2019, excluding reimbursements under
40 U.S.C. 592(b)(2), in excess of the aggregate new
obligational authority authorized for Real Property
Activities of the Federal Buildings Fund in this Act shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts.
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities
associated with the management of real and personal property
assets and certain administrative services; Government-wide
policy support responsibilities relating to acquisition,
travel, motor vehicles, information technology management,
and related technology activities; and services as authorized
by 5 U.S.C. 3109; $58,499,000.
operating expenses
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization
and donation of surplus personal property; disposal of real
property; agency-wide policy direction, management, and
communications; and services as authorized by 5 U.S.C. 3109;
$49,440,000, of which not less than $26,890,000 is for Real
and Personal Property Management and Disposal; and up to
$22,550,000 is for the Office of the Administrator, of which
not to exceed $7,500 is for official reception and
representation expenses.
civilian board of contract appeals
For expenses authorized by law, not otherwise provided for,
for the activities associated with the Civilian Board of
Contract Appeals, $9,301,000.
office of inspector general
(including transfer of funds)
For necessary expenses of the Office of Inspector General
and service authorized by 5 U.S.C. 3109, $65,000,000:
Provided, That not to exceed $50,000 shall be available for
payment for information and detection of fraud against the
Government, including payment for recovery of stolen
Government property: Provided further, That not to exceed
$2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of
Inspector General effectiveness.
In addition to the foregoing appropriation, $2,000,000, to
remain available until expended, shall be transferred to the
Council of the Inspectors General on Integrity and Efficiency
for enhancements to www.oversight.gov: Provided, That these
amounts shall be in addition to any other amounts available
to the Council of the Inspectors General on Integrity and
Efficiency for such purpose.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25,
1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,796,000.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Products and
Programs, including services authorized by 40 U.S.C. 323 and
44 U.S.C. 3604; and for necessary expenses in support of
interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically,
through the development and implementation of innovative uses
of information technology; $55,000,000, to be deposited into
the Federal Citizen Services Fund: Provided, That the
previous amount may be transferred to Federal agencies to
carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues,
reimbursements, and collections deposited into the Fund shall
be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal
Government to enhance its ability to conduct activities
electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations,
revenues, reimbursements, and collections accruing to this
Fund during fiscal year 2019 in excess of such amount shall
remain in the Fund and shall not be available for expenditure
except as authorized in appropriations Acts: Provided
further, That the transfer authorities provided herein shall
be in addition to any other transfer authority provided in
this Act.
Asset Proceeds and Space Management Fund
For carrying out the purposes of the Federal Assets Sale
and Transfer Act of 2016 (Public Law 114-287), $15,500,000,
to be deposited into the Asset Proceeds and Space Management
Fund, to remain available until expended.
environmental review improvement fund
For necessary expenses of the Environmental Review
Improvement Fund established pursuant to 42 U.S.C. 4370m-
8(d), $6,070,000, to remain available until expended.
administrative provisions--general services administration
(including transfer of funds)
Sec. 520. Funds available to the General Services
Administration shall be available for the hire of passenger
motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made
available for fiscal year 2019 for Federal Buildings Fund
activities may be transferred between such activities only to
the extent necessary to meet program requirements: Provided,
That any proposed transfers shall be approved in advance by
the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title,
funds made available by this Act shall be used to transmit a
fiscal year 2020 request for United States Courthouse
construction only if the request: (1) meets the design guide
standards for construction as established and approved by the
General Services Administration, the Judicial Conference of
the United States, and the Office of Management and Budget;
(2) reflects the priorities of the Judicial Conference of the
United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom
utilization study of each facility to be constructed,
replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet,
provide cleaning services, security enhancements, or any
other service usually provided through the Federal Buildings
Fund, to any agency that does not pay the rate per square
foot assessment for space and services as determined by the
General Services Administration in consideration of the
Public Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading
Federal Buildings Fund, Limitations on Availability of
Revenue, claims against the Government of less than $250,000
arising from direct construction projects and acquisition of
buildings may be liquidated from savings effected in other
construction projects with prior notification to the
Committees on Appropriations of the House of Representatives
and the Senate.
Sec. 525. In any case in which the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate adopt a resolution granting lease
authority pursuant to a prospectus transmitted to Congress by
the Administrator of the General Services Administration
under 40 U.S.C. 3307, the Administrator shall ensure that the
delineated area of procurement is identical to the delineated
area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the
delineated area of the procurement should not be identical to
the delineated area included in the prospectus, the
Administrator shall provide an explanatory statement to each
of such committees and the Committees on Appropriations of
the House of Representatives and
[[Page S5160]]
the Senate prior to exercising any lease authority provided
in the resolution.
Sec. 526. With respect to each project funded under the
heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government
projects funded under the heading ``Federal Citizen Services
Fund'', the Administrator of General Services shall submit a
spending plan and explanation for each project to be
undertaken to the Committees on Appropriations of the House
of Representatives and the Senate not later than 60 days
after the date of enactment of this Act.
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93-642,
$1,000,000, to remain available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan
Numbered 2 of 1978, the Civil Service Reform Act of 1978, and
the Whistleblower Protection Act of 1989 (5 U.S.C. 5509
note), including services as authorized by 5 U.S.C. 3109,
rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct
procurement of survey printing, and not to exceed $2,000 for
official reception and representation expenses, $44,490,000,
to remain available until September 30, 2020, and in addition
not to exceed $2,345,000, to remain available until September
30, 2020, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the
Merit Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L.
Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,875,000, to
remain available until expended, of which, notwithstanding
sections 8 and 9 of such Act: (1) up to $50,000 shall be used
to conduct financial audits pursuant to the Accountability of
Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities
authorized by section 6(7) of Public Law 102-259 and section
817(a) of Public Law 106-568 (20 U.S.C. 5604(7)): Provided,
That of the total amount made available under this heading
$200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain
available until expended, for audits and investigations of
the Morris K. Udall and Stewart L. Udall Foundation,
consistent with the Inspector General Act of 1978 (5 U.S.C.
App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to
carry out activities authorized in the Environmental Policy
and Conflict Resolution Act of 1998, $3,200,000, to remain
available until expended.
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the
administration of the National Archives and Records
Administration and archived Federal records and related
activities, as provided by law, and for expenses necessary
for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the
operations and maintenance of the electronic records
archives, the hire of passenger motor vehicles, and for
uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901), including maintenance, repairs, and cleaning,
$375,105,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General
Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16
(2008), and the Inspector General Act of 1978 (5 U.S.C.
App.), and for the hire of passenger motor vehicles,
$4,801,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, to remain available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for
historical publications and records as authorized by 44
U.S.C. 2504, $6,000,000, to remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2020, for technical
assistance to low-income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in
the District of Columbia and elsewhere, hire of passenger
motor vehicles, and not to exceed $1,500 for official
reception and representation expenses, $16,439,000.
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical
examinations performed for veterans by private physicians on
a fee basis; rental of conference rooms in the District of
Columbia and elsewhere; hire of passenger motor vehicles; not
to exceed $2,500 for official reception and representation
expenses; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; and payment of per diem and/or subsistence
allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of
duty, $132,172,000: Provided, That of the total amount made
available under this heading, not to exceed $14,000,000 shall
remain available until September 30, 2020, for information
technology infrastructure modernization and Trust Fund
Federal Financial System migration or modernization, and
shall be in addition to funds otherwise made available for
such purposes: Provided further, That of the total amount
made available under this heading, $639,018 may be made
available for strengthening the capacity and capabilities of
the acquisition workforce (as defined by the Office of
Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et
seq.)), including the recruitment, hiring, training, and
retention of such workforce and information technology in
support of acquisition workforce effectiveness or for
management solutions to improve acquisition management; and
in addition $133,483,000 for administrative expenses, to be
transferred from the appropriate trust funds of OPM without
regard to other statutes, including direct procurement of
printed materials, for the retirement and insurance programs:
Provided further, That the provisions of this appropriation
shall not affect the authority to use applicable trust funds
as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States
Code: Provided further, That no part of this appropriation
shall be available for salaries and expenses of the Legal
Examining Unit of OPM established pursuant to Executive Order
No. 9358 of July 1, 1943, or any successor unit of like
purpose: Provided further, That the President's Commission
on White House Fellows, established by Executive Order No.
11183 of October 3, 1964, may, during fiscal year 2019,
accept donations of money, property, and personal services:
Provided further, That such donations, including those from
prior years, may be used for the development of publicity
materials to provide information about the White House
Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the
salaries of employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, including services as authorized by 5 U.S.C. 3109,
hire of passenger motor vehicles, $5,000,000, and in
addition, not to exceed $25,265,000 for administrative
expenses to audit, investigate, and provide other oversight
of the Office of Personnel Management's retirement and
insurance programs, to be transferred from the appropriate
trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in
the District of Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95-
454), the Whistleblower Protection Act of 1989 (Public Law
101-12) as amended by Public Law 107-304, the Whistleblower
Protection Enhancement Act of 2012 (Public Law 112-199), and
the Uniformed Services Employment and Reemployment Rights Act
of 1994 (Public Law 103-353), including services as
authorized by 5 U.S.C. 3109, payment of fees and expenses for
witnesses, rental of conference rooms in the District of
Columbia and elsewhere, and hire of passenger motor vehicles;
$26,535,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability
and Enhancement Act (Public Law 109-435),
[[Page S5161]]
$15,200,000, to be derived by transfer from the Postal
Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties
Oversight Board, as authorized by section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (42
U.S.C. 2000ee), $5,000,000, to remain available until
September 30, 2020.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C.
3109, the rental of space (to include multiple year leases)
in the District of Columbia and elsewhere, and not to exceed
$3,500 for official reception and representation expenses,
$1,658,302,000, to remain available until expended; of which
not less than $15,206,269 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be
available for a permanent secretariat for the International
Organization of Securities Commissions; and of which not to
exceed $100,000 shall be available for expenses for
consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members
of their delegations and staffs to exchange views concerning
securities matters, such expenses to include necessary
logistic and administrative expenses and the expenses of
Commission staff and foreign invitees in attendance
including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence;
and of which not less than $75,081,000 shall be for the
Division of Economic and Risk Analysis.
In addition to the foregoing appropriation, for costs
associated with relocation under a replacement lease for the
Commission's New York regional office facilities, not to
exceed $37,188,942, to remain available until expended:
Provided, That for purposes of calculating the fee rate under
section 31(j) of the Securities Exchange Act of 1934 (15
U.S.C. 78ee(j)) for fiscal year 2019, all amounts
appropriated under this heading shall be deemed to be the
regular appropriation to the Commission for fiscal year 2019:
Provided further, That fees and charges authorized by
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed
$1,658,302,000 of such offsetting collections shall be
available until expended for necessary expenses of this
account and not to exceed $37,188,942 of such offsetting
collections shall be available until expended for costs under
this heading associated with relocation under a replacement
lease for the Commission's New York regional office
facilities: Provided further, That the total amount
appropriated under this heading from the general fund for
fiscal year 2019 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2019
appropriation from the general fund estimated at not more
than $0: Provided further, That if any amount of the
appropriation for costs associated with relocation under a
replacement lease for the Commission's New York regional
office facilities is subsequently de-obligated by the
Commission, such amount that was derived from the general
fund shall be returned to the general fund, and such amounts
that were derived from fees or assessments collected for such
purpose shall be paid to each national securities exchange
and national securities association, respectively, in
proportion to any fees or assessments paid by such national
securities exchange or national securities association under
section 31 of the Securities Exchange Act of 1934 (15 U.S.C.
78ee) in fiscal year 2019.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; hire of passenger motor vehicles; services as
authorized by 5 U.S.C. 3109; and not to exceed $750 for
official reception and representation expenses; $26,000,000:
Provided, That during the current fiscal year, the President
may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be
necessary in the interest of national defense: Provided
further, That none of the funds appropriated by this Act may
be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the
Small Business Administration, including hire of passenger
motor vehicles as authorized by sections 1343 and 1344 of
title 31, United States Code, and not to exceed $3,500 for
official reception and representation expenses, $267,500,000,
of which not less than $12,000,000 shall be available for
examinations, reviews, and other lender oversight activities:
Provided, That the Administrator is authorized to charge
fees to cover the cost of publications developed by the Small
Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small
Business Act: Provided further, That, notwithstanding 31
U.S.C. 3302, revenues received from all such activities shall
be credited to this account, to remain available until
expended, for carrying out these purposes without further
appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed
$4,000,000 and may co-sponsor activities, each in accordance
with section 132(a) of division K of Public Law 108-447,
during fiscal year 2019: Provided further, That $6,100,000
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2020: Provided
further, That $3,000,000 shall be for the Federal and State
Technology Partnership Program under section 34 of the Small
Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting
entrepreneurial and small business development, $241,600,000,
to remain available until September 30, 2020: Provided, That
$130,000,000 shall be available to fund grants for
performance in fiscal year 2019 or fiscal year 2020 as
authorized by section 21 of the Small Business Act: Provided
further, That $31,000,000 shall be for marketing, management,
and technical assistance under section 7(m) of the Small
Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided
further, That $18,000,000 shall be available for grants to
States to carry out export programs that assist small
business concerns authorized under section 22(l) of the Small
Business Act (15 U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $21,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in
carrying out the provisions of title II of Public Law 94-305
(15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act
of 1980 (5 U.S.C. 601 et seq.), $9,120,000, to remain
available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,000,000, to remain
available until expended: Provided, That such costs,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974: Provided further, That subject to section 502 of the
Congressional Budget Act of 1974, during fiscal year 2019
commitments to guarantee loans under section 503 of the Small
Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year
2019 commitments for general business loans authorized under
section 7(a) of the Small Business Act shall not exceed
$30,000,000,000 for a combination of amortizing term loans
and the aggregated maximum line of credit provided by
revolving loans: Provided further, That during fiscal year
2019 commitments for loans authorized under subparagraph (C)
of section 502(7) of The Small Business Investment Act of
1958 (15 U.S.C. 696(7)) shall not exceed $7,500,000,000:
Provided further, That during fiscal year 2019 commitments to
guarantee loans for debentures under section 303(b) of the
Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year
2019, guarantees of trust certificates authorized by section
5(g) of the Small Business Act shall not exceed a principal
amount of $12,000,000,000. In addition, for administrative
expenses to carry out the direct and guaranteed loan
programs, $155,150,000, which may be transferred to and
merged with the appropriations for Salaries and Expenses.
administrative provisions--small business administration
(including transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Small
Business Administration in this Act may be transferred
between such appropriations, but no such appropriation shall
be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 608 of
this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set
forth in that section.
Sec. 531. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Administrator of the Small
Business Administration may increase the program level for
such loans and loan guarantees by not more than 10 percent:
Provided, That prior to the Administrator implementing such
an increase, the Administrator notifies, in writing, the
Committees on Appropriations and Small Business of both
Houses of Congress at least 30 days in advance.
United States Postal Service
payment to the postal service fund
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c)
and (d) of section 2401 of title 39, United States Code,
$55,235,000: Provided, That mail for overseas voting and
mail for the blind shall continue to be free: Provided
further, That 6-day delivery and rural delivery of mail shall
continue at not less than the 1983 level: Provided further,
That none of the funds made available
[[Page S5162]]
to the Postal Service by this Act shall be used to implement
any rule, regulation, or policy of charging any officer or
employee of any State or local child support enforcement
agency, or any individual participating in a State or local
program of child support enforcement, a fee for information
requested or provided concerning an address of a postal
customer: Provided further, That none of the funds provided
in this Act shall be used to consolidate or close small rural
and other small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, $250,000,000, to be derived by transfer from the
Postal Service Fund and expended as authorized by section
603(b)(3) of the Postal Accountability and Enhancement Act
(Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and
other services as authorized by 5 U.S.C. 3109, $51,515,000,
of which $1,000,000 shall remain available until expended:
Provided, That travel expenses of the judges shall be paid
upon the written certificate of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Sec. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 605. None of the funds made available by this Act
shall be available for any activity or for paying the salary
of any Government employee where funding an activity or
paying a salary to a Government employee would result in a
decision, determination, rule, regulation, or policy that
would prohibit the enforcement of section 307 of the Tariff
Act of 1930 (19 U.S.C. 1307).
Sec. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter
83 of title 41, United States Code.
Sec. 607. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating chapter
83 of title 41, United States Code.
Sec. 608. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2019, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for
any program, project, or activity for which funds have been
denied or restricted by the Congress; (4) proposes to use
funds directed for a specific activity by the Committee on
Appropriations of either the House of Representatives or the
Senate for a different purpose; (5) augments existing
programs, projects, or activities in excess of $5,000,000 or
10 percent, whichever is less; (6) reduces existing programs,
projects, or activities by $5,000,000 or 10 percent,
whichever is less; or (7) creates or reorganizes offices,
programs, or activities unless prior approval is received
from the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That prior to any
significant reorganization or restructuring of offices,
programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of
the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
House of Representatives and the Senate to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That at a minimum the report shall include: (1) a table for
each appropriation with a separate column to display the
President's budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level; (2) a delineation in the table
for each appropriation both by object class and program,
project, and activity as detailed in the budget appendix for
the respective appropriation; and (3) an identification of
items of special congressional interest: Provided further,
That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day
for each day after the required date that the report has not
been submitted to the Congress.
Sec. 609. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from
appropriations made available for salaries and expenses for
fiscal year 2019 in this Act, shall remain available through
September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the
expenditure of such funds: Provided further, That these
requests shall be made in compliance with reprogramming
guidelines.
Sec. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to
request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or
the Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) in the case of an official background investigation
report, if such individual has given express written consent
for such request not more than 6 months prior to the date of
such request and during the same presidential administration;
or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply
with respect to a contract under the Federal Employees Health
Benefits Program established under chapter 89 of title 5,
United States Code.
Sec. 612. For the purpose of resolving litigation and
implementing any settlement agreements regarding the
nonforeign area cost-of-living allowance program, the Office
of Personnel Management may accept and utilize (without
regard to any restriction on unanticipated travel expenses
imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No funds appropriated by this Act shall be
available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal
employees health benefits program which provides any benefits
or coverage for abortions.
Sec. 614. The provision of section 613 shall not apply
where the life of the mother would be endangered if the fetus
were carried to term, or the pregnancy is the result of an
act of rape or incest.
Sec. 615. In order to promote Government access to
commercial information technology, the restriction on
purchasing nondomestic articles, materials, and supplies set
forth in chapter 83 of title 41, United States Code
(popularly known as the Buy American Act), shall not apply to
the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United
States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency
or commission funded by this Act may accept on behalf of that
agency, nor may such agency or commission accept, payment or
reimbursement from a non-Federal entity for travel,
subsistence, or related expenses for the purpose of enabling
an officer or employee to attend and participate in any
meeting or similar function relating to the official duties
of the officer or employee when the entity offering payment
or reimbursement is a person or entity subject to regulation
by such agency or commission, or represents a person or
entity subject to regulation by such agency or commission,
unless the person or entity is an organization described in
section 501(c)(3) of the Internal Revenue Code of 1986 and
exempt from tax under section 501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (a)(1) Notwithstanding any other provision of
law, an Executive agency covered by this Act otherwise
authorized to enter into contracts for either leases or the
construction or alteration of real property for office,
meeting, storage, or other space must consult with the
General Services Administration before issuing a solicitation
for offers of new leases or construction contracts, and in
the case of succeeding leases, before entering into
negotiations with the current lessor.
(2) Any such agency with authority to enter into an
emergency lease may do so
[[Page S5163]]
during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ``Executive
agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General
Services Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following
activities the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors' Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges'
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise
applicable limitation on the use of funds contained in this
Act.
Sec. 620. In addition to amounts made available in prior
fiscal years, the Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the
scholarship program established by section 109(c)(2) of the
Sarbanes-Oxley Act of 2002 (Public Law 107-204) in an
aggregate amount not exceeding the amount of funds collected
by the Board between January 1, 2018 and December 31, 2018,
including accrued interest, as a result of the assessment of
monetary penalties. Funds available for obligation in fiscal
year 2019 shall remain available until expended.
Sec. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ``Interagency Working Group on Food Marketed
to Children: Preliminary Proposed Nutrition Principles to
Guide Industry Self-Regulatory Efforts'' unless the
Interagency Working Group on Food Marketed to Children
complies with Executive Order No. 13563.
Sec. 622. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a
contract to a contractor conducting the final quality review
processes for background investigation fieldwork services or
background investigation support services that, as of the
date of the award of the contract, are being conducted by
that contractor.
Sec. 623. (a) The head of each executive branch agency
funded by this Act shall ensure that the Chief Information
Officer of the agency has the authority to participate in
decisions regarding the budget planning process related to
information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information
technology shall be allocated within the agency, consistent
with the provisions of appropriations Acts and budget
guidelines and recommendations from the Director of the
Office of Management and Budget, in such manner as specified
by, or approved by, the Chief Information Officer of the
agency in consultation with the Chief Financial Officer of
the agency and budget officials.
Sec. 624. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title
44, United States Code.
Sec. 625. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public
or remote computing service of the contents of a wire or
electronic communication that is in electronic storage with
the provider (as such terms are defined in sections 2510 and
2711 of title 18, United States Code) in a manner that
violates the Fourth Amendment to the Constitution of the
United States.
Sec. 626. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission
for universal service high-cost support for competitive
eligible telecommunications carriers in a way that is
inconsistent with paragraph (e)(5) or (e)(6) of section
54.307 of title 47, Code of Federal Regulations, as in effect
on July 15, 2015: Provided, That this section shall not
prohibit the Commission from considering, developing, or
adopting other support mechanisms as an alternative to
Mobility Fund Phase II.
Sec. 627. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to
the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978,
or to prevent or impede that Inspector General's access to
such records, documents, or other materials, under any
provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency
covered by this section shall provide its Inspector General
with access to all such records, documents, and other
materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure
relevant to the information provided by the establishment
over which that Inspector General has responsibilities under
the Inspector General Act of 1978. Each Inspector General
covered by this section shall report to the Committees on
Appropriations of the House of Representatives and the Senate
within 5 calendar days any failures to comply with this
requirement.
Sec. 628. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, adjudication activities, or
other law enforcement- or victim assistance-related activity.
Sec. 629. None of the funds made available by this Act
shall be used by the Securities and Exchange Commission to
finalize, issue, or implement any rule, regulation, or order
regarding the disclosure of political contributions,
contributions to tax exempt organizations, or dues paid to
trade associations.
Sec. 630. None of the funds appropriated or other-wise
made available by this Act may be used to pay award or
incentive fees for contractors whose performance has been
judged to be below satisfactory, behind schedule, over
budget, or has failed to meet the basic requirements of a
contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-
driven scope changes, or are not significant within the
overall scope of the project and/or program and unless such
awards or incentive fees are consistent with 16.401(e)(2) of
the FAR.
Sec. 631. (a) None of the funds made available under this
Act may be used to pay for travel and conference activities
that result in a total cost to an Executive branch
department, agency, board or commission of more than $500,000
at any single conference unless the head of the Executive
branch department, agency, board, or commission determines
that such attendance is in the national interest and advance
notice is transmitted to the Committees on Appropriations of
the House of Representatives and the Senate that includes the
basis of that determination.
(b) None of the funds made available under this Act may be
used to pay for the travel to or attendance of more than 50
employees, who are stationed in the United States, at any
single conference occurring outside the United States unless
the head of the Executive branch department, agency, board,
or commission determines that such attendance is in the
national interest and advance notice is transmitted to the
Committees on Appropriations of the House of Representatives
and the Senate that includes the basis of that determination.
Sec. 632. (a) None of the funds appropriated or otherwise
made available under this Act may be used by departments and
agencies funded in this Act to acquire telecommunications
equipment produced by Huawei Technologies Company, ZTE
Corporation or a high-impact or moderate-impact information
system, as defined for security categorization in the
National Institute of Standards and Technology's (NIST)
Federal Information Processing Standard Publication 199,
``Standards for Security Categorization of Federal
Information and Information Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
[[Page S5164]]
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in (1), provided that such report may
include a classified annex as necessary.
Sec. 633. None of the funds made available by this Act
shall be used for airline accommodations for any officer (as
defined in section 2104 of title 5, United States Code) or
employee (as defined in section 2105 of title 5, United
States Code) in the executive branch that are not coach-class
accommodations (which term is defined, for purposes of this
section, as the basic class of accommodation by airlines that
is normally the lowest fare offered regardless of airline
terminology used, and (as referred to by airlines) may
include tourist class or economy class, as well as single
class when the airline offers only one class of
accommodations to all travelers), unless such accommodations
are consistent with section 301-10.123 of title 41, Code of
Federal Regulations (as in effect on the date of enactment of
this Act) and, with respect to subsection (a)(3) and (b)(2)
of such section, written authorization is provided by the
head of the agency (or, if the accommodations are for the
head of the agency, by the Inspector General of the agency).
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any
other Act for fiscal year 2019 shall obligate or expend any
such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer
in good faith, a written policy designed to ensure that all
of its workplaces are free from the illegal use, possession,
or distribution of controlled substances (as defined in the
Controlled Substances Act (21 U.S.C. 802)) by the officers
and employees of such department, agency, or instrumentality.
Sec. 702. Unless otherwise specifically provided, the
maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States
Code, for the purchase of any passenger motor vehicle
(exclusive of buses, ambulances, law enforcement vehicles,
protective vehicles, and undercover surveillance vehicles),
is hereby fixed at $19,947 except station wagons for which
the maximum shall be $19,997: Provided, That these limits
may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in
this section may not be exceeded by more than 5 percent for
electric or hybrid vehicles purchased for demonstration under
the provisions of the Electric and Hybrid Vehicle Research,
Development, and Demonstration Act of 1976: Provided
further, That the limits set forth in this section may be
exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the
cost of comparable conventionally fueled vehicles: Provided
further, That the limits set forth in this section shall not
apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to
electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year
available for expenses of travel, or for the expenses of the
activity concerned, are hereby made available for quarters
allowances and cost-of-living allowances, in accordance with
5 U.S.C. 5922-5924.
Sec. 704. Unless otherwise specified in law during the
current fiscal year, no part of any appropriation contained
in this or any other Act shall be used to pay the
compensation of any officer or employee of the Government of
the United States (including any agency the majority of the
stock of which is owned by the Government of the United
States) whose post of duty is in the continental United
States unless such person: (1) is a citizen of the United
States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in
8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a
refugee under 8 U.S.C. 1157 or is granted asylum under 8
U.S.C. 1158 and has filed a declaration of intention to
become a lawful permanent resident and then a citizen when
eligible; or (4) is a person who owes allegiance to the
United States: Provided, That for purposes of this section,
affidavits signed by any such person shall be considered
prima facie evidence that the requirements of this section
with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment
and updated thereafter as necessary: Provided further, That
any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than
$4,000 or imprisoned for not more than 1 year, or both:
Provided further, That the above penal clause shall be in
addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the
provisions of this section shall be recoverable in action by
the Federal Government: Provided further, That this section
shall not apply to any person who is an officer or employee
of the Government of the United States on the date of
enactment of this Act, or to international broadcasters
employed by the Broadcasting Board of Governors, or to
temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a
result of emergencies: Provided further, That this section
does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the
Department of the Interior or the USDA Forest Service
pursuant to an agreement with another country.
Sec. 705. Appropriations available to any department or
agency during the current fiscal year for necessary expenses,
including maintenance or operating expenses, shall also be
available for payment to the General Services Administration
for charges for space and services and those expenses of
renovation and alteration of buildings and facilities which
constitute public improvements performed in accordance with
the Public Buildings Act of 1959 (73 Stat. 479), the Public
Buildings Amendments of 1972 (86 Stat. 216), or other
applicable law.
Sec. 706. In addition to funds provided in this or any
other Act, all Federal agencies are authorized to receive and
use funds resulting from the sale of materials, including
Federal records disposed of pursuant to a records schedule
recovered through recycling or waste prevention programs.
Such funds shall be available until expended for the
following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds made available by this or any other Act
for administrative expenses in the current fiscal year of the
corporations and agencies subject to chapter 91 of title 31,
United States Code, shall be available, in addition to
objects for which such funds are otherwise available, for
rent in the District of Columbia; services in accordance with
5 U.S.C. 3109; and the objects specified under this head, all
the provisions of which shall be applicable to the
expenditure of such funds unless otherwise specified in the
Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are
subsequently transferred to or paid from other funds, the
limitations on administrative expenses shall be
correspondingly reduced.
Sec. 708. No part of any appropriation contained in this
or any other Act shall be available for interagency financing
of boards (except Federal Executive Boards), commissions,
councils, committees, or similar groups (whether or not they
are interagency entities) which do not have a prior and
specific statutory approval to receive financial support from
more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to
implement, administer, or enforce any regulation which has
been disapproved pursuant to a joint resolution duly adopted
in accordance with the applicable law of the United States.
Sec. 710. During the period in which the head of any
department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President
of the United States, holds office, no funds may be obligated
or expended in excess of $5,000 to furnish or redecorate the
office of such department head, agency head, officer, or
employee, or to purchase furniture or make improvements for
any such office, unless advance notice of such furnishing or
redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. For the purposes of this section, the term ``office''
shall include the entire suite of offices assigned to the
individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the
individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of national security and emergency
preparedness telecommunications initiatives which benefit
multiple Federal departments, agencies, or entities, as
provided by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a
position of a confidential or policy-determining character
that is excepted from the competitive service under section
3302 of title 5, United States Code, (pursuant to schedule C
of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the
[[Page S5165]]
applicable department, agency, or other instrumentality
employing such schedule C individual certifies to the
Director of the Office of Personnel Management that the
schedule C position occupied by the individual was not
created solely or primarily in order to detail the individual
to the White House.
(b) The provisions of this section shall not apply to
Federal employees or members of the armed forces detailed to
or from an element of the intelligence community (as that
term is defined under section 3(4) of the National Security
Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this
or any other Act shall be available for the payment of the
salary of any officer or employee of the Federal Government,
who--
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or
employee or pertaining to the department or agency of such
other officer or employee in any way, irrespective of whether
such communication or contact is at the initiative of such
other officer or employee or in response to the request or
inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of
the Federal Government, or attempts or threatens to commit
any of the foregoing actions with respect to such other
officer or employee, by reason of any communication or
contact of such other officer or employee with any Member,
committee, or subcommittee of the Congress as described in
paragraph (1).
Sec. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television, or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any
other Act may be used by an agency to provide a Federal
employee's home address to any labor organization except when
the employee has authorized such disclosure or when such
disclosure has been ordered by a court of competent
jurisdiction.
Sec. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information
such as mailing, telephone or electronic mailing lists to any
person or any organization outside of the Federal Government
without the approval of the Committees on Appropriations of
the House of Representatives and the Senate.
Sec. 718. No part of any appropriation contained in this
or any other Act shall be used directly or indirectly,
including by private contractor, for publicity or propaganda
purposes within the United States not heretofore authorized
by Congress.
Sec. 719. (a) In this section, the term ``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under
section 102 of such title, the United States Postal Service,
and the Postal Regulatory Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform
official duties. An employee not under a leave system,
including a Presidential appointee exempted under 5 U.S.C.
6301(2), has an obligation to expend an honest effort and a
reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year
by this or any other Act to any department or agency, which
is a member of the Federal Accounting Standards Advisory
Board (FASAB), shall be available to finance an appropriate
share of FASAB administrative costs.
Sec. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the
approval of the Director of the Office of Management and
Budget, funds made available for the current fiscal year by
this or any other Act, including rebates from charge card and
other contracts: Provided, That these funds shall be
administered by the Administrator of General Services to
support Government-wide and other multi-agency financial,
information technology, procurement, and other management
innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the
Director of the Office of Management and Budget, in
consultation with the appropriate interagency and multi-
agency groups designated by the Director (including the
President's Management Council for overall management
improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information
Officers Council for information technology initiatives, the
Chief Human Capital Officers Council for human capital
initiatives, the Chief Acquisition Officers Council for
procurement initiatives, and the Performance Improvement
Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall
not exceed $15,000,000 to improve coordination, reduce
duplication, and for other activities related to Federal
Government Priority Goals established by 31 U.S.C. 1120, and
not to exceed $17,000,000 for Government-Wide innovations,
initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General
Services Administration, Government-wide Policy'' during
fiscal year 2019 shall remain available for obligation
through September 30, 2020: Provided further, That such
transfers or reimbursements may only be made after 15 days
following notification of the Committees on Appropriations of
the House of Representatives and the Senate by the Director
of the Office of Management and Budget.
Sec. 722. Notwithstanding any other provision of law, a
woman may breastfeed her child at any location in a Federal
building or on Federal property, if the woman and her child
are otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708
of this Act, funds made available for the current fiscal year
by this or any other Act shall be available for the
interagency funding of specific projects, workshops, studies,
and similar efforts to carry out the purposes of the National
Science and Technology Council (authorized by Executive Order
No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, That the Office of
Management and Budget shall provide a report describing the
budget of and resources connected with the National Science
and Technology Council to the Committees on Appropriations,
the House Committee on Science and Technology, and the Senate
Committee on Commerce, Science, and Transportation 90 days
after enactment of this Act.
Sec. 724. Any request for proposals, solicitation, grant
application, form, notification, press release, or other
publications involving the distribution of Federal funds
shall comply with any relevant requirements in part 200 of
title 2, Code of Federal Regulations: Provided, That this
section shall apply to direct payments, formula funds, and
grants received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available
in this or any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access
to or use of any Federal Government Internet site of the
agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to
an individual's access to or use of any nongovernmental
Internet site.
(b) Exceptions.--The limitations established in subsection
(a) shall not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet
site and is necessarily incident to providing the Internet
site services or to protecting the rights or property of the
provider of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
[[Page S5166]]
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety
and soundness, overall financial condition, management
practices and policies and compliance with applicable
standards as provided in law.
Sec. 726. (a) None of the funds appropriated by this Act
may be used to enter into or renew a contract which includes
a provision providing prescription drug coverage, except
where the contract also includes a provision for
contraceptive coverage.
(b) Nothing in this section shall apply to a contract
with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the
plan objects to such coverage on the basis of religious
beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any
individual to discrimination on the basis that the individual
refuses to prescribe or otherwise provide for contraceptives
because such activities would be contrary to the individual's
religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport
through testing, adjudication, education, and research as
performed by nationally recognized oversight authorities.
Sec. 728. Notwithstanding any other provision of law,
funds appropriated for official travel to Federal departments
and agencies may be used by such departments and agencies, if
consistent with Office of Management and Budget Circular A-
126 regarding official travel for Government personnel, to
participate in the fractional aircraft ownership pilot
program.
Sec. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional
Fellowship Program, or to implement the proposed regulations
of the Office of Personnel Management to add sections 300.311
through 300.316 to part 300 of title 5 of the Code of Federal
Regulations, published in the Federal Register, volume 68,
number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding any other provision of law, no
executive branch agency shall purchase, construct, or lease
any additional facilities, except within or contiguous to
existing locations, to be used for the purpose of conducting
Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of
Representatives and the Senate, except that the Federal Law
Enforcement Training Center is authorized to obtain the
temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
Sec. 731. Unless otherwise authorized by existing law,
none of the funds provided in this or any other Act may be
used by an executive branch agency to produce any prepackaged
news story intended for broadcast or distribution in the
United States, unless the story includes a clear notification
within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United
States Code (popularly known as the Privacy Act), and
regulations implementing that section.
Sec. 733. (a) In General.--None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign
incorporated entity which is treated as an inverted domestic
corporation under section 835(b) of the Homeland Security Act
of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an
entity.
(b) Waivers.--
(1) In general.--Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the
enactment of this Act, or to any task order issued pursuant
to such contract.
Sec. 734. During fiscal year 2019, for each employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability
Fund an amount equal to the Office of Personnel Management's
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall be
deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
Sec. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of
the following information as a condition of submitting the
offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an
electioneering communication that is made by the entity, its
officers or directors, or any of its affiliates or
subsidiaries to a candidate for election for Federal office
or to a political committee, or that is otherwise made with
respect to any election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) In this section, each of the terms ``contribution'',
``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'',
``election'', and ``Federal office'' has the meaning given
such term in the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
Sec. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait
of an officer or employee of the Federal government,
including the President, the Vice President, a member of
Congress (including a Delegate or a Resident Commissioner to
Congress), the head of an executive branch agency (as defined
in section 133 of title 41, United States Code), or the head
of an office of the legislative branch.
Sec. 737. (a)(1) Notwithstanding any other provision of
law, and except as otherwise provided in this section, no
part of any of the funds appropriated for fiscal year 2019,
by this or any other Act, may be used to pay any prevailing
rate employee described in section 5342(a)(2)(A) of title 5,
United States Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the
applicable wage survey adjustment that is to take effect in
fiscal year 2019, in an amount that exceeds the rate payable
for the applicable grade and step of the applicable wage
schedule in accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2019, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in fiscal year
2019 under section 5303 of title 5, United States Code, in
the rates of pay under the General Schedule; and
(ii) the difference between the overall average percentage
of the locality-based comparability payments taking effect in
fiscal year 2019 under section 5304 of such title (whether by
adjustment or otherwise), and the overall average percentage
of such payments which was effective in the previous fiscal
year under such section.
(2) Notwithstanding any other provision of law, no
prevailing rate employee described in subparagraph (B) or (C)
of section 5342(a)(2) of title 5, United States Code, and no
employee covered by section 5348 of such title, may be paid
during the periods for which paragraph (1) is in effect at a
rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable
to an employee who is covered by this subsection and who is
paid from a schedule not in existence on September 30, 2018,
shall be determined under regulations prescribed by the
Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of
premium pay for employees subject to this subsection may not
be changed from the rates in effect on September 30, 2018,
except to the extent determined by the Office of Personnel
Management to be consistent with the purpose of this
subsection.
(5) This subsection shall apply with respect to pay for
service performed after September 30, 2018.
(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay,
retirement, life insurance, or any other employee benefit)
that requires any deduction or contribution, or that imposes
any requirement or limitation on the basis of a rate of
salary or basic pay, the rate of salary or basic pay payable
after the application of this subsection shall be treated as
the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to
permit or require the payment to any employee covered by this
subsection at a rate in excess of the rate that would be
payable were this subsection not in effect.
(8) The Office of Personnel Management may provide for
exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to
ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted
pursuant to the
[[Page S5167]]
statutory pay systems under sections 5303 and 5304 of title
5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay
is increased pursuant to sections 5303 and 5304 of title 5,
United States Code, and prevailing rate employees described
in section 5343(a)(5) of title 5, United States Code, shall
be considered to be located in the pay locality designated as
``Rest of United States'' pursuant to section 5304 of title
5, United States Code, for purposes of this subsection; and
(2) effective as of the first day of the first applicable
pay period beginning after September 30, 2018.
Sec. 738. (a) The Vice President may not receive a pay
raise in calendar year 2019, notwithstanding the rate
adjustment made under section 104 of title 3, United States
Code, or any other provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by
statute at an Executive Schedule rate, may not receive a pay
rate increase in calendar year 2019, notwithstanding schedule
adjustments made under section 5318 of title 5, United States
Code, or any other provision of law, except as provided in
subsection (g), (h), or (i). This subsection applies only to
employees who are holding a position under a political
appointment.
(c) A chief of mission or ambassador at large may not
receive a pay rate increase in calendar year 2019,
notwithstanding section 401 of the Foreign Service Act of
1980 (Public Law 96-465) or any other provision of law,
except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5,
United States Code, a pay rate increase may not be received
in calendar year 2019 (except as provided in subsection (g),
(h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the
Executive Schedule; or
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV
of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any
locality-based payments under section 5304 of title 5, United
States Code, or similar authority) at or above level IV of
the Executive Schedule who serves under a political
appointment may not receive a pay rate increase in calendar
year 2019, notwithstanding any other provision of law, except
as provided in subsection (g), (h), or (i). This subsection
does not apply to employees in the General Schedule pay
system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code,
or to employees in another pay system whose position would be
classified at GS-15 or below if chapter 51 of title 5, United
States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under
applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements
under section 3392 of title 5, United States Code, is not
subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive
branch and who makes an election to retain Senior Foreign
Service pay entitlements under section 302(b) of the Foreign
Service Act of 1980 (Public Law 96-465) is not subject to
this section.
(i) Notwithstanding subsections (b) through (e), an
employee in a covered position may receive a pay rate
increase upon an authorized movement to a different covered
position with higher-level duties and a pre-established
higher level or range of pay, except that any such increase
must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an
individual who is newly appointed to a covered position
during the period of time subject to this section, the
initial pay rate shall be based on the rates of pay and
applicable pay limitations in effect on December 31, 2013.
(k) If an employee affected by subsections (b) through (e)
is subject to a biweekly pay period that begins in calendar
year 2019 but ends in calendar year 2020, the bar on the
employee's receipt of pay rate increases shall apply through
the end of that pay period.
Sec. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any
other appropriations Act shall submit annual reports to the
Inspector General or senior ethics official for any entity
without an Inspector General, regarding the costs and
contracting procedures related to each conference held by any
such department, agency, board, commission, or office during
fiscal year 2019 for which the cost to the United States
Government was more than $100,000.
(b) Each report submitted shall include, for each
conference described in subsection (a) held during the
applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and from
the conference; and
(D) a discussion of the methodology used to determine which
costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
departmental component or office in evaluating potential
contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office
shall notify the Inspector General or senior ethics official
for any entity without an Inspector General, of the date,
location, and number of employees attending a conference held
by any Executive branch department, agency, board,
commission, or office funded by this or any other
appropriations Act during fiscal year 2019 for which the cost
to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded, such as a conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference
activities that are not in compliance with Office of
Management and Budget Memorandum M-12-12 dated May 11, 2012
or any subsequent revisions to that memorandum.
Sec. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate,
or reduce funding for a program, project, or activity as
proposed in the President's budget request for a fiscal year
until such proposed change is subsequently enacted in an
appropriation Act, or unless such change is made pursuant to
the reprogramming or transfer provisions of this or any other
appropriations Act.
Sec. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or
apply the rule entitled ``Competitive Area'' published by the
Office of Personnel Management in the Federal Register on
April 15, 2008 (73 Fed. Reg. 20180 et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or
announce a study or public-private competition regarding the
conversion to contractor performance of any function
performed by Federal employees pursuant to Office of
Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity
that requires employees or contractors of such entity seeking
to report fraud, waste, or abuse to sign internal
confidentiality agreements or statements prohibiting or
otherwise restricting such employees or contractors from
lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of
a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or
any other form issued by a Federal department or agency
governing the nondisclosure of classified information.
Sec. 744. (a) No funds appropriated in this or any other
Act may be used to implement or enforce the agreements in
Standard Forms 312 and 4414 of the Government or any other
nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions:
``These provisions are consistent with and do not supersede,
conflict with, or otherwise alter the employee obligations,
rights, or liabilities created by existing statute or
Executive order relating to (1) classified information, (2)
communications to Congress, (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority,
or a substantial and specific danger to public health or
safety, or (4) any other whistleblower protection. The
definitions, requirements, obligations, rights, sanctions,
and liabilities created by controlling Executive orders and
statutory provisions are incorporated into this agreement and
are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy
form or agreement that is to be executed by a person
connected with the conduct of an intelligence or
intelligence-related activity, other than an employee or
officer of the United States Government, may contain
provisions appropriate to the particular activity for which
such document is to be used. Such form or agreement shall, at
a minimum, require that the person will not disclose any
classified information received in the course of such
activity unless specifically authorized to do so by the
United States Government. Such nondisclosure forms shall also
make it clear that they do not bar disclosures to Congress,
or to an authorized official of an executive agency or the
Department of Justice, that are essential to reporting a
substantial violation of law.
[[Page S5168]]
(b) A nondisclosure agreement may continue to be
implemented and enforced notwithstanding subsection (a) if it
complies with the requirements for such agreement that were
in effect when the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into
during fiscal year 2014 which does not contain substantially
similar language to that required in subsection (a).
Sec. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that has any unpaid Federal tax liability that has been
assessed, for which all judicial and administrative remedies
have been exhausted or have lapsed, and that is not being
paid in a timely manner pursuant to an agreement with the
authority responsible for collecting the tax liability, where
the awarding agency is aware of the unpaid tax liability,
unless a Federal agency has considered suspension or
debarment of the corporation and has made a determination
that this further action is not necessary to protect the
interests of the Government.
Sec. 746. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation
that was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the
awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the
corporation and has made a determination that this further
action is not necessary to protect the interests of the
Government.
Sec. 747. (a) During fiscal year 2019, on the date on which
a request is made for a transfer of funds in accordance with
section 1017 of Public Law 111-203, the Bureau of Consumer
Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the
Senate, the Committee on Financial Services of the House of
Representatives, and the Committee on Banking, Housing, and
Urban Affairs of the Senate of such request.
(b) Any notification required by this section shall be made
available on the Bureau's public Web site.
Sec. 748. If, for fiscal year 2019, new budget authority
provided in appropriations Acts exceeds the discretionary
spending limit for any category set forth in section 251(c)
of the Balanced Budget and Emergency Deficit Control Act of
1985 due to estimating differences with the Congressional
Budget Office, an adjustment to the discretionary spending
limit in such category for fiscal year 2019 shall be made by
the Director of the Office of Management and Budget in the
amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted
discretionary spending limits for all categories for that
fiscal year.
Sec. 749. (a) The adjustment in rates of basic pay for
employees under the statutory pay systems that takes effect
in fiscal year 2019 under section 5303 of title 5, United
States Code, shall be an increase of 1.4 percent, and the
overall average percentage of the adjustments taking effect
in such fiscal year under sections 5304 and 5304a of such
title 5 shall be an increase of 0.5 percent (with
comparability payments to be determined and allocated among
pay localities by the President). All adjustments under this
subsection shall be effective as of the first day of the
first applicable pay period beginning on or after January 1,
2019.
(b) Notwithstanding section 737, the adjustment in rates of
basic pay for the statutory pay systems that take place in
fiscal year 2019 under sections 5344 and 5348 of title 5,
United States Code, shall be no less than the percentages in
subsection (a) as employees in the same location whose rates
of basic pay are adjusted pursuant to the statutory pay
systems under section 5303, 5304, and 5304a of title 5,
United States Code. Prevailing rate employees at locations
where there are no employees whose pay is increased pursuant
to sections 5303, 5304, and 5304a of such title 5 and
prevailing rate employees described in section 5343(a)(5) of
such title 5 shall be considered to be located in the pay
locality designated as "Rest of U.S." pursuant to section
5304 of such title 5 for purposes of this subsection.
(c) Funds used to carry out this section shall be paid from
appropriations, which are made to each applicable department
or agency for salaries and expenses for fiscal year 2019.
Sec. 750. Except as expressly provided otherwise, any
reference to ``this Act'' contained in any title other than
title IV or VIII shall not apply to such title IV or VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or
judgments that have been entered against the District of
Columbia government.
Sec. 802. None of the Federal funds provided in this Act
shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to
support or defeat legislation pending before Congress or any
State legislature.
Sec. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and
District government agencies, that remain available for
obligation or expenditure in fiscal year 2019, or provided
from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or
expenditures for an agency through a reprogramming of funds
which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility
center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds
have been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in
excess of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the
Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of
local funds under this title through November 7, 2019.
Sec. 804. None of the Federal funds provided in this Act
may be used by the District of Columbia to provide for
salaries, expenses, or other costs associated with the
offices of United States Senator or United States
Representative under section 4(d) of the District of Columbia
Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section,
none of the funds made available by this Act or by any other
Act may be used to provide any officer or employee of the
District of Columbia with an official vehicle unless the
officer or employee uses the vehicle only in the performance
of the officer's or employee's official duties. For purposes
of this section, the term ``official duties'' does not
include travel between the officer's or employee's residence
and workplace, except in the case of--
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency
Medical Services Department who resides in the District of
Columbia and is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of
Columbia Department of Corrections who resides in the
District of Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical
Examiner who resides in the District of Columbia and is on
call 24 hours a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management
Agency who resides in the District of Columbia and is on call
24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of
Columbia.
Sec. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to
provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting
representation in Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in
private lawsuits, or from consulting with officials of the
District government regarding such lawsuits.
Sec. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the
purpose of preventing the spread of blood borne pathogens in
any location that has been determined by the local public
health or local law enforcement authorities to be
inappropriate for such distribution.
Sec. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from
addressing the issue of the provision of contraceptive
coverage by health insurance plans, but it is the intent of
Congress that any legislation enacted on such issue should
include a ``conscience clause'' which provides exceptions for
religious beliefs and moral convictions.
Sec. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or
regulation to legalize or otherwise reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act (21
U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
[[Page S5169]]
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be
used to enact any law, rule, or regulation to legalize or
otherwise reduce penalties associated with the possession,
use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
Sec. 810. No funds available for obligation or expenditure
by the District of Columbia government under any authority
shall be expended for any abortion except where the life of
the mother would be endangered if the fetus were carried to
term or where the pregnancy is the result of an act of rape
or incest.
Sec. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council of the
District of Columbia, a revised appropriated funds operating
budget in the format of the budget that the District of
Columbia government submitted pursuant to section 442 of the
District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia
government for fiscal year 2019 that is in the total amount
of the approved appropriation and that realigns all budgeted
data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which
the Chief Financial Officer for the District of Columbia
certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate
committees of Congress, the Mayor, and the Council for the
District of Columbia, a revised appropriated funds operating
budget for the District of Columbia Public Schools that
aligns schools budgets to actual enrollment. The revised
appropriated funds budget shall be in the format of the
budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia's
enterprise and capital funds and such amounts, once
transferred, shall retain appropriation authority consistent
with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds
transferred or reprogrammed in this or the four prior fiscal
years from operating funds to capital funds, and such
amounts, once transferred or reprogrammed, shall retain
appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from
bonds, notes, or other obligations issued for capital
projects.
Sec. 814. None of the Federal funds appropriated in this
Act shall remain available for obligation beyond the current
fiscal year, nor may any be transferred to other
appropriations, unless expressly so provided herein.
Sec. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated
balances remaining available at the end of fiscal year 2019
from appropriations of Federal funds made available for
salaries and expenses for fiscal year 2019 in this Act, shall
remain available through September 30, 2020, for each such
account for the purposes authorized: Provided, That a
request shall be submitted to the Committees on
Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds:
Provided further, That these requests shall be made in
compliance with reprogramming guidelines outlined in section
803 of this Act.
Sec. 816. (a)(1) During fiscal year 2020, during a period
in which neither a District of Columbia continuing resolution
or a regular District of Columbia appropriation bill is in
effect, local funds are appropriated in the amount provided
for any project or activity for which local funds are
provided in the Act referred to in paragraph (2) (subject to
any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is
in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a
proposed budget is approved for fiscal year 2020 which
(subject to the requirements of the District of Columbia Home
Rule Act) will constitute the local portion of the annual
budget for the District of Columbia government for fiscal
year 2020 for purposes of section 446 of the District of
Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2020 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2020.
(c) An appropriation made by subsection (a) is provided
under the authority and conditions as provided under this Act
and shall be available to the extent and in the manner that
would be provided by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or
activity during the portion of fiscal year 2020 for which
this section applies to such project or activity.
(e) This section shall not apply to a project or activity
during any period of fiscal year 2020 if any other provision
of law (other than an authorization of appropriations)--
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect
obligations of the government of the District of Columbia
mandated by other law.
Sec. 817. Except as expressly provided otherwise, any
reference to ``this Act'' contained in this title or in title
IV shall be treated as referring only to the provisions of
this title or of title IV.
This division may be cited as the ``Financial Services and
General Government Appropriations Act, 2019''.
DIVISION C--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies programs for the fiscal year ending September 30,
2019, and for other purposes, namely:
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research, and Marketing
Office of the Secretary
(including transfers of funds)
For necessary expenses of the Office of the Secretary,
$46,532,000, of which not to exceed $5,051,000 shall be
available for the immediate Office of the Secretary; not to
exceed $800,000 shall be available for the Office of the
Assistant to the Secretary for Rural Development: Provided,
That funds made available by this Act to an agency in the
Rural Development mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $1,496,000 shall be available for
the Office of Homeland Security; not to exceed $4,711,000
shall be available for the Office of Partnerships and Public
Engagement; not to exceed $23,105,000 shall be available for
the Office of the Assistant Secretary for Administration, of
which $22,301,000 shall be available for Departmental
Administration to provide for necessary expenses for
management support services to offices of the Department and
for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses
not otherwise provided for and necessary for the practical
and efficient work of the Department: Provided further, That
funds made available by this Act to an agency in the
Administration mission area for salaries and expenses are
available to fund up to one administrative support staff for
the Office; not to exceed $3,869,000 shall be available for
the Office of Assistant Secretary for Congressional Relations
to carry out the programs funded by this Act, including
programs involving intergovernmental affairs and liaison
within the executive branch; and not to exceed $7,500,000
shall be available for the Office of Communications:
Provided further, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of
the Office of the Secretary to any other office of the Office
of the Secretary: Provided further, That no appropriation
for any office shall be increased or decreased by more than 5
percent: Provided further, That not to exceed $11,000 of the
amount made available under this paragraph for the immediate
Office of the Secretary shall be available for official
reception and representation expenses, not otherwise provided
for, as determined by the Secretary: Provided further, That
the amount made available under this heading for Departmental
Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558:
Provided further, That funds made available under this
heading for the Office of the Assistant Secretary for
Congressional Relations may be transferred to agencies of the
Department of Agriculture funded by this Act to maintain
personnel at the agency level: Provided further, That no
funds made available under this heading for the Office of
Assistant Secretary for Congressional Relations may be
obligated after 30 days from the date of enactment of this
Act, unless the Secretary has notified the Committees on
Appropriations of both Houses of Congress on the allocation
of these funds by USDA agency.
Executive Operations
office of the chief economist
For necessary expenses of the Office of the Chief
Economist, $19,786,000, of which $4,000,000 shall be for
grants or cooperative agreements for policy research under 7
U.S.C. 3155.
[[Page S5170]]
office of hearings and appeals
For necessary expenses of the Office of Hearings and
Appeals, $15,222,000.
office of budget and program analysis
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
Office of the Chief Information Officer
For necessary expenses of the Office of the Chief
Information Officer, $63,950,000, of which not less than
$38,000,000 is for cybersecurity requirements of the
department.
Office of the Chief Financial Officer
For necessary expenses of the Office of the Chief Financial
Officer, $6,028,000.
Office of the Assistant Secretary for Civil Rights
For necessary expenses of the Office of the Assistant
Secretary for Civil Rights, $901,000: Provided, That funds
made available by this Act to an agency in the Civil Rights
mission area for salaries and expenses are available to fund
up to one administrative support staff for the Office.
Office of Civil Rights
For necessary expenses of the Office of Civil Rights,
$24,206,000.
Agriculture Buildings and Facilities
(including transfers of funds)
For payment of space rental and related costs pursuant to
Public Law 92-313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General
Services to the Department of Agriculture under 40 U.S.C.
121, for programs and activities of the Department which are
included in this Act, and for alterations and other actions
needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to
the Administrator of General Services, and for the operation,
maintenance, improvement, and repair of Agriculture buildings
and facilities, and for related costs, $58,330,000, to remain
available until expended.
Hazardous Materials Management
(including transfers of funds)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and
the Resource Conservation and Recovery Act (42 U.S.C. 6901 et
seq.), $3,503,000, to remain available until expended:
Provided, That appropriations and funds available herein to
the Department for Hazardous Materials Management may be
transferred to any agency of the Department for its use in
meeting all requirements pursuant to the above Acts on
Federal and non-Federal lands.
Office of Inspector General
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), $98,208,000,
including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons
pursuant to section 6(a)(9) of the Inspector General Act of
1978 (Public Law 95-452; 5 U.S.C. App.), and including not to
exceed $125,000 for certain confidential operational
expenses, including the payment of informants, to be expended
under the direction of the Inspector General pursuant to the
Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C.
App.) and section 1337 of the Agriculture and Food Act of
1981 (Public Law 97-98).
Office of the General Counsel
For necessary expenses of the Office of the General
Counsel, $45,146,000.
Office of Ethics
For necessary expenses of the Office of Ethics, $4,136,000.
Office of the Under Secretary for Research, Education, and Economics
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $800,000: Provided,
That funds made available by this Act to an agency in the
Research, Education, and Economics mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Economic Research Service
For necessary expenses of the Economic Research Service,
$86,757,000.
National Agricultural Statistics Service
For necessary expenses of the National Agricultural
Statistics Service, $174,767,000, of which up to $45,300,000
shall be available until expended for the Census of
Agriculture: Provided, That amounts made available for the
Census of Agriculture may be used to conduct Current
Industrial Report surveys subject to 7 U.S.C. 2204g(d) and
(f).
Agricultural Research Service
salaries and expenses
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land
exchanges where the lands exchanged shall be of equal value
or shall be equalized by a payment of money to the grantor
which shall not exceed 25 percent of the total value of the
land or interests transferred out of Federal ownership,
$1,300,966,000, of which $10,600,000, to remain available
until expended, shall be used to carry out the science
program at the National Bio- and Agro-defense Facility
located in Manhattan, Kansas; and of which not less than
$7,000,000 shall be available for purposes of entering into a
management, operations, and research support contract to
expedite the hiring of a capable workforce for the
commissioning of the Central Utility Plant and in support of
operations and management of the National Bio- and Agro-
defense Facility: Provided, That appropriations hereunder
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
the construction, alteration, and repair of buildings and
improvements, but unless otherwise provided, the cost of
constructing any one building shall not exceed $500,000,
except for headhouses or greenhouses which shall each be
limited to $1,800,000, except for 10 buildings to be
constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a
cost not to exceed $3,000,000 each, and the cost of altering
any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building or
$500,000, whichever is greater: Provided further, That
appropriations hereunder shall be available for entering into
lease agreements at any Agricultural Research Service
location for the construction of a research facility by a
non-Federal entity for use by the Agricultural Research
Service and a condition of the lease shall be that any
facility shall be owned, operated, and maintained by the non-
Federal entity and shall be removed upon the expiration or
termination of the lease agreement: Provided further, That
the limitations on alterations contained in this Act shall
not apply to modernization or replacement of existing
facilities at Beltsville, Maryland: Provided further, That
appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center:
Provided further, That the foregoing limitations shall not
apply to replacement of buildings needed to carry out the Act
of April 24, 1948 (21 U.S.C. 113a): Provided further, That
appropriations hereunder shall be available for granting
easements at any Agricultural Research Service location for
the construction of a research facility by a non-Federal
entity for use by, and acceptable to, the Agricultural
Research Service and a condition of the easements shall be
that upon completion the facility shall be accepted by the
Secretary, subject to the availability of funds herein, if
the Secretary finds that acceptance of the facility is in the
interest of the United States: Provided further, That funds
may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing
or operating any research facility or research project of the
Agricultural Research Service, as authorized by law.
National Institute of Food and Agriculture
research and education activities
For payments to agricultural experiment stations, for
cooperative forestry and other research, for facilities, and
for other expenses, $898,535,000, which shall be for the
purposes, and in the amounts, specified in the table titled
``National Institute of Food and Agriculture, Research and
Education Activities'' in the report accompanying this Act:
Provided, That funds for research grants for 1994
institutions, education grants for 1890 institutions,
capacity building for non-land-grant colleges of agriculture,
the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate
fellowship and institution challenge grants, and grants
management systems shall remain available until expended:
Provided further, That each institution eligible to receive
funds under the Evans-Allen program receives no less than
$1,000,000: Provided further, That funds for education
grants for Alaska Native and Native Hawaiian-serving
institutions be made available to individual eligible
institutions or consortia of eligible institutions with funds
awarded equally to each of the States of Alaska and Hawaii:
Provided further, That funds for education grants for 1890
institutions shall be made available to institutions eligible
to receive funds under 7 U.S.C. 3221 and 3222: Provided
further, That not more than 5 percent of the amounts made
available by this or any other Act to carry out the
Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to
pay administrative costs incurred by the Secretary in
carrying out that authority.
native american institutions endowment fund
For the Native American Institutions Endowment Fund
authorized by Public Law 103-382 (7 U.S.C. 301 note),
$11,880,000, to remain available until expended.
extension activities
For payments to States, the District of Columbia, Puerto
Rico, Guam, the Virgin Islands, Micronesia, the Northern
Marianas, and American Samoa, $486,692,000, which shall be
for the purposes, and in the amounts, specified in the table
titled ``National Institute of Food and Agriculture,
Extension Activities'' in the report accompanying this Act:
Provided, That funds for facility improvements at 1890
institutions shall remain available until expended: Provided
further, That institutions eligible to receive funds under 7
U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative
[[Page S5171]]
extension under sections 3(b) and (c) of the Smith-Lever Act
(7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law
93-471 shall be available for retirement and employees'
compensation costs for extension agents.
integrated activities
For the integrated research, education, and extension
grants programs, including necessary administrative expenses,
$38,000,000, which shall be for the purposes, and in the
amounts, specified in the table titled ``National Institute
of Food and Agriculture, Integrated Activities'' in the
report accompanying this Act: Provided, That funds for the
Food and Agriculture Defense Initiative shall remain
available until September 30, 2020: Provided further, That
notwithstanding any other provision of law, indirect costs
shall not be charged against any Extension Implementation
Program Area grant awarded under the Crop Protection/Pest
Management Program (7 U.S.C. 7626).
Office of the Under Secretary for Marketing and Regulatory Programs
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000: Provided,
That funds made available by this Act to an agency in the
Marketing and Regulatory Programs mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Animal and Plant Health Inspection Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Animal and Plant Health
Inspection Service, including up to $30,000 for
representation allowances and for expenses pursuant to the
Foreign Service Act of 1980 (22 U.S.C. 4085), $1,000,493,000,
of which $470,000, to remain available until expended, shall
be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and
birds (``contingency fund'') to the extent necessary to meet
emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests
program for cost share purposes or for debt retirement for
active eradication zones; of which $37,857,000, to remain
available until expended, shall be for Animal Health
Technical Services; of which $705,000 shall be for activities
under the authority of the Horse Protection Act of 1970, as
amended (15 U.S.C. 1831); of which $62,840,000, to remain
available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until
expended, shall be for information technology infrastructure;
of which $178,170,000, to remain available until expended,
shall be for specialty crop pests; of which, $11,826,000, to
remain available until expended, shall be for field crop and
rangeland ecosystem pests; of which $16,523,000, to remain
available until expended, shall be for zoonotic disease
management; of which $41,466,000, to remain available until
expended, shall be for emergency preparedness and response;
of which $60,000,000, to remain available until expended,
shall be for tree and wood pests; of which $5,725,000, to
remain available until expended, shall be for the National
Veterinary Stockpile; of which up to $1,500,000, to remain
available until expended, shall be for the scrapie program
for indemnities; of which $2,500,000, to remain available
until expended, shall be for the wildlife damage management
program for aviation safety: Provided, That of amounts
available under this heading for wildlife services methods
development, $1,000,000 shall remain available until
expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall
remain available until expended; of which $13,600,000, to
remain available until expended, shall be used to carry out
the science program at the National Bio- and Agro-defense
Facility located in Manhattan, Kansas: Provided further,
That no funds shall be used to formulate or administer a
brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at
least 40 percent: Provided further, That this appropriation
shall be available for the operation and maintenance of
aircraft and the purchase of not to exceed five, of which two
shall be for replacement only: Provided further, That in
addition, in emergencies which threaten any segment of the
agricultural production industry of the United States, the
Secretary may transfer from other appropriations or funds
available to the agencies or corporations of the Department
such sums as may be deemed necessary, to be available only in
such emergencies for the arrest and eradication of contagious
or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411
and 10417 of the Animal Health Protection Act (7 U.S.C. 8310
and 8316) and sections 431 and 442 of the Plant Protection
Act (7 U.S.C. 7751 and 7772), and any unexpended balances of
funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder
shall be available pursuant to law (7 U.S.C. 2250) for the
repair and alteration of leased buildings and improvements,
but unless otherwise provided the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
In fiscal year 2019, the agency is authorized to collect
fees to cover the total costs of providing technical
assistance, goods, or services requested by States, other
political subdivisions, domestic and international
organizations, foreign governments, or individuals, provided
that such fees are structured such that any entity's
liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the
agency, and such fees shall be reimbursed to this account, to
remain available until expended, without further
appropriation, for providing such assistance, goods, or
services.
buildings and facilities
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration,
and purchase of fixed equipment or facilities, as authorized
by 7 U.S.C. 2250, and acquisition of land as authorized by 7
U.S.C. 428a, $3,175,000, to remain available until expended.
Agricultural Marketing Service
marketing services
For necessary expenses of the Agricultural Marketing
Service, $155,845,000, of which $4,000,000 shall be available
for the purposes of section 12306 of Public Law 113-79:
Provided, That this appropriation shall be available pursuant
to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one
building during the fiscal year shall not exceed 10 percent
of the current replacement value of the building.
Fees may be collected for the cost of standardization
activities, as established by regulation pursuant to law (31
U.S.C. 9701).
limitation on administrative expenses
Not to exceed $60,982,000 (from fees collected) shall be
obligated during the current fiscal year for administrative
expenses: Provided, That if crop size is understated and/or
other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the
Committees on Appropriations of both Houses of Congress.
funds for strengthening markets, income, and supply (section 32)
(including transfers of funds)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity
program expenses as authorized therein, and other related
operating expenses, except for: (1) transfers to the
Department of Commerce as authorized by the Fish and Wildlife
Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise
provided in this Act; and (3) not more than $20,489,000 for
formulation and administration of marketing agreements and
orders pursuant to the Agricultural Marketing Agreement Act
of 1937 and the Agricultural Act of 1961 (Public Law 87-128).
payments to states and possessions
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing
activities under section 204(b) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.
limitation on inspection and weighing services expenses
Not to exceed $55,000,000 (from fees collected) shall be
obligated during the current fiscal year for inspection and
weighing services: Provided, That if grain export activities
require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded
by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
Office of the Under Secretary for Food Safety
For necessary expenses of the Office of the Under Secretary
for Food Safety, $800,000: Provided, That funds made
available by this Act to an agency in the Food Safety mission
area for salaries and expenses are available to fund up to
one administrative support staff for the Office.
Food Safety and Inspection Service
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products
Inspection Act, and the Egg Products Inspection Act,
including not to exceed $10,000 for representation allowances
and for expenses pursuant to section 8 of the Act approved
August 3, 1956 (7 U.S.C. 1766), $1,049,344,000; and in
addition, $1,000,000 may be credited to this account from
fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture,
Conservation and Trade Act of 1990 (7 U.S.C. 138f):
Provided, That funds provided for the Public Health Data
Communication Infrastructure system shall remain available
until expended: Provided further, That no fewer than 148
full-time equivalent positions shall be employed during
fiscal year 2019 for purposes dedicated solely to inspections
and enforcement related to the Humane Methods of Slaughter
Act (7 U.S.C. 1901 et seq.): Provided further, That the Food
Safety and Inspection Service shall continue implementation
of section 11016 of Public Law 110-246 as further clarified
by the amendments made in section 12106 of Public Law 113-79:
Provided further, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair
of buildings and improvements, but the cost of altering any
one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.
[[Page S5172]]
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
For necessary expenses of the Office of the Under Secretary
for Farm Production and Conservation, $901,000: Provided,
That funds made available by this Act to an agency in the
Farm Production and Conservation mission area for salaries
and expenses are available to fund up to one administrative
support staff for the Office.
Farm Production and Conservation Business Center
For necessary expenses of the Farm Production and
Conservation Business Center, $1,028,000, to remain available
until expended: Provided, That $149,000 of amounts
appropriated for the current fiscal year pursuant to section
1241(a) of the Farm Security and Rural Investment Act of 1985
(16 U.S.C. 3841(a)) shall be transferred to and merged with
this account.
Farm Service Agency
salaries and expenses
(including transfers of funds)
For necessary expenses of the Farm Service Agency,
$1,202,146,000: Provided, That not more than 50 percent of
the $44,691,000 made available under this heading for
information technology related to farm program delivery,
including the Modernize and Innovate the Delivery of
Agricultural Systems and other farm program delivery systems,
may be obligated until the Secretary submits to the
Committees on Appropriations of both Houses of Congress, and
receives written or electronic notification of receipt from
such Committees of, a plan for expenditure that (1)
identifies for each project/investment over $25,000 (a) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (b) the estimated
lifecycle cost, including estimates for development as well
as maintenance and operations, and (c) key milestones to be
met; (2) demonstrates that each project/investment is, (a)
consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and
(c) subject to the applicable Department's capital planning
and investment control requirements; and (3) has been
reviewed by the Government Accountability Office and approved
by the Committees on Appropriations of both Houses of
Congress: Provided further, That the agency shall submit a
report by the end of the fourth quarter of fiscal year 2019
to the Committees on Appropriations and the Government
Accountability Office, that identifies for each project/
investment that is operational (a) current performance
against key indicators of customer satisfaction, (b) current
performance of service level agreements or other technical
metrics, (c) current performance against a pre-established
cost baseline, (d) a detailed breakdown of current and
planned spending on operational enhancements or upgrades, and
(e) an assessment of whether the investment continues to meet
business needs as intended as well as alternatives to the
investment: Provided further, That the Secretary is
authorized to use the services, facilities, and authorities
(but not the funds) of the Commodity Credit Corporation to
make program payments for all programs administered by the
Agency: Provided further, That other funds made available to
the Agency for authorized activities may be advanced to and
merged with this account: Provided further, That funds made
available to county committees shall remain available until
expended: Provided further, That none of the funds available
to the Farm Service Agency shall be used to close Farm
Service Agency county offices: Provided further, That none
of the funds available to the Farm Service Agency shall be
used to permanently relocate county based employees that
would result in an office with two or fewer employees without
prior notification and approval of the Committees on
Appropriations of both Houses of Congress.
state mediation grants
For grants pursuant to section 502(b) of the Agricultural
Credit Act of 1987, as amended (7 U.S.C. 5101-5106),
$3,904,000.
grassroots source water protection program
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food
Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to
remain available until expended.
dairy indemnity program
(including transfer of funds)
For necessary expenses involved in making indemnity
payments to dairy farmers and manufacturers of dairy products
under a dairy indemnity program, such sums as may be
necessary, to remain available until expended: Provided,
That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Appropriations Act, 2001 (Public Law
106-387, 114 Stat. 1549A-12).
agricultural credit insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and
operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7
U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25
U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed
conservation loans (7 U.S.C. 1924 et seq.), and Indian highly
fractionated land loans (25 U.S.C. 488) to be available from
funds in the Agricultural Credit Insurance Fund, as follows:
$2,750,000,000 for guaranteed farm ownership loans and
$1,500,000,000 for farm ownership direct loans;
$1,960,000,000 for unsubsidized guaranteed operating loans
and $1,530,000,000 for direct operating loans; emergency
loans, $37,668,000; Indian tribe land acquisition loans,
$20,000,000; guaranteed conservation loans, $150,000,000;
Indian highly fractionated land loans, $10,000,000; and for
boll weevil eradication program loans, $60,000,000:
Provided, That the Secretary shall deem the pink bollworm to
be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section
502 of the Congressional Budget Act of 1974, as follows: farm
operating loans, $59,670,000 for direct operating loans,
$21,168,000 for unsubsidized guaranteed operating loans,
emergency loans, $1,567,000 and $2,134,000 for Indian highly
fractionated land loans to remain available until expended.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $325,068,000:
Provided, That of this amount, $314,998,000 shall be
transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses'', of which $8,000,000
shall be available until September 30, 2020.
Funds appropriated by this Act to the Agricultural Credit
Insurance Program Account for farm ownership, operating and
conservation direct loans and guaranteed loans may be
transferred among these programs: Provided, That the
Committees on Appropriations of both Houses of Congress are
notified at least 15 days in advance of any transfer.
Risk Management Agency
salaries and expenses
For necessary expenses of the Risk Management Agency,
$74,829,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses,
as authorized by 7 U.S.C. 1506(i).
Natural Resources Conservation Service
conservation operations
For necessary expenses for carrying out the provisions of
the Act of April 27, 1935 (16 U.S.C. 590a-f), including
preparation of conservation plans and establishment of
measures to conserve soil and water (including farm
irrigation and land drainage and such special measures for
soil and water management as may be necessary to prevent
floods and the siltation of reservoirs and to control
agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil;
dissemination of information; acquisition of lands, water,
and interests therein for use in the plant materials program
by donation, exchange, or purchase at a nominal cost not to
exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of
permanent and temporary buildings; and operation and
maintenance of aircraft, $879,107,000, to remain available
until September 30, 2020: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for
construction and improvement of buildings and public
improvements at plant materials centers, except that the cost
of alterations and improvements to other buildings and other
public improvements shall not exceed $250,000: Provided
further, That when buildings or other structures are erected
on non-Federal land, that the right to use such land is
obtained as provided in 7 U.S.C. 2250a: Provided further,
That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the
authorities under 16 U.S.C. 1001-1005 and 1007-1009 for
authorized ongoing watershed projects with a primary purpose
of providing water to rural communities.
watershed and flood prevention operations
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations,
engineering operations, works of improvement, and changes in
use of land, in accordance with the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and
in accordance with the provisions of laws relating to the
activities of the Department, $150,000,000, to remain
available until expended: Provided, That for funds provided
by this Act or any other prior Act, the limitation regarding
the size of the watershed or subwatershed exceeding two
hundred and fifty thousand acres in which such activities can
be undertaken shall only apply for activities undertaken for
the primary purpose of flood prevention (including structural
and land treatment measures): Provided further, That of the
amounts made available under this heading, $50,000,000 shall
be allocated to projects and activities that can commence
promptly following enactment; that address regional
priorities for flood prevention, agricultural water
management, inefficient irrigation systems, fish and wildlife
habitat, or watershed protection; or that address authorized
ongoing projects under the authorities of section 13 of the
Flood Control Act of December 22, 1944 (Public Law 78-534)
with a
[[Page S5173]]
primary purpose of watershed protection by preventing
floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment
transport.
CORPORATIONS
The following corporations and agencies are hereby
authorized to make expenditures, within the limits of funds
and borrowing authority available to each such corporation or
agency and in accord with law, and to make contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act as may be necessary in carrying out the programs set
forth in the budget for the current fiscal year for such
corporation or agency, except as hereinafter provided.
Federal Crop Insurance Corporation Fund
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be
necessary, to remain available until expended.
Commodity Credit Corporation Fund
reimbursement for net realized losses
(including transfers of funds)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net
realized losses sustained, but not previously reimbursed,
pursuant to section 2 of the Act of August 17, 1961 (15
U.S.C. 713a-11): Provided, That of the funds available to
the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for
the conduct of its business with the Foreign Agricultural
Service, up to $5,000,000 may be transferred to and used by
the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service
that are not related to Commodity Credit Corporation
business.
hazardous waste management
(limitation on expenses)
For the current fiscal year, the Commodity Credit
Corporation shall not expend more than $5,000,000 for site
investigation and cleanup expenses, and operations and
maintenance expenses to comply with the requirement of
section 107(g) of the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act
(42 U.S.C. 6961).
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
For necessary expenses for carrying out the administration
and implementation of Rural Development programs, including
activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative
agreements; $232,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support Rural Development programs: Provided further, That
in addition to any other funds appropriated for purposes
authorized by section 502(i) of the Housing Act of 1949 (42
U.S.C. 1472(i)), any amounts collected under such section
will immediately be credited to this account and will remain
available until expended for such purposes.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by title V of the Housing
Act of 1949, to be available from funds in the rural housing
insurance fund, as follows: $1,100,000,000 shall be for
direct loans and $24,000,000,000 shall be for unsubsidized
guaranteed loans; $28,000,000 for section 504 housing repair
loans; $40,000,000 for section 515 rental housing;
$230,000,000 for section 538 guaranteed multi-family housing
loans; $10,000,000 for credit sales of single family housing
acquired property; $5,000,000 for section 523 self-help
housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, as follows: section 502
loans, $53,900,000 shall be for direct loans; section 504
housing repair loans, $3,419,000; section 523 self-help
housing land development loans, $431,000; section 524 site
development loans, $176,000; and repair, rehabilitation, and
new construction of section 515 rental housing, $9,484,000:
Provided, That to support the loan program level for section
538 guaranteed loans made available under this heading the
Secretary may charge or adjust any fees to cover the
projected cost of such loan guarantees pursuant to the
provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et
seq.), and the interest on such loans may not be subsidized:
Provided further, That applicants in communities that have a
current rural area waiver under section 541 of the Housing
Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a
rural area for purposes of section 502 guaranteed loans
provided under this heading: Provided further, That of the
amounts available under this paragraph for section 502 direct
loans, no less than $5,000,000 shall be available for direct
loans for individuals whose homes will be built pursuant to a
program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until
June 1, 2019: Provided further, That the Secretary shall
implement provisions to provide incentives to nonprofit
organizations and public housing authorities to facilitate
the acquisition of Rural Housing Service (RHS) multifamily
housing properties by such nonprofit organizations and public
housing authorities that commit to keep such properties in
the RHS multifamily housing program for a period of time as
determined by the Secretary, with such incentives to include,
but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on
Investment on their own resources to include proceeds from
low income housing tax credit syndication, own contributions,
grants, and developer loans at favorable rates and terms,
invested in a deal; and allow reimbursement of organizational
costs associated with owner's oversight of asset referred to
as ``Asset Management Fee'' of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and
contracts, as authorized by sections 514 and 516 of the
Housing Act of 1949 (42 U.S.C. 1484, 1486), $14,281,000, to
remain available until expended, for direct farm labor
housing loans and domestic farm labor housing grants and
contracts: Provided, That any balances available for the
Farm Labor Program Account shall be transferred to and merged
with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000
shall be transferred to and merged with the appropriation for
``Rural Development, Salaries and Expenses''.
rental assistance program
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) of the
Housing Act of 1949 or agreements entered into in lieu of
debt forgiveness or payments for eligible households as
authorized by section 502(c)(5)(D) of the Housing Act of
1949, $1,331,400,000, of which $40,000,000 shall be available
until September 30, 2020; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to
liquidate debt incurred prior to fiscal year 1992 to carry
out the rental assistance program under section 521(a)(2) of
the Act: Provided, That rental assistance agreements entered
into or renewed during the current fiscal year shall be
funded for a one-year period: Provided further, That any
unexpended balances remaining at the end of such one-year
agreements may be transferred and used for purposes of any
debt reduction; maintenance, repair, or rehabilitation of any
existing projects; preservation; and rental assistance
activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements
entered into prior to fiscal year 2019 for a farm labor
multi-family housing project financed under section 514 or
516 of the Act may not be recaptured for use in another
project until such assistance has remained unused for a
period of 12 consecutive months, if such project has a
waiting list of tenants seeking such assistance or the
project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such
recaptured rental assistance shall, to the extent
practicable, be applied to another farm labor multi-family
housing project financed under section 514 or 516 of the Act:
Provided further, That except as provided in the third
proviso under this heading and notwithstanding any other
provision of the Act, the Secretary may recapture rental
assistance provided under agreements entered into prior to
fiscal year 2019 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured
funds for current needs.
multi-family housing revitalization program account
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding
subsection (b) of such section, and for additional costs to
conduct a demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph, $50,000,000, to remain available
until expended: Provided, That of the funds made available
under this heading, $26,000,000, shall be available for rural
housing vouchers to any low-income household (including those
not receiving rental assistance) residing in a property
financed with a section 515 loan which has been prepaid after
September 30, 2005: Provided further, That the amount of
such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available
for such vouchers shall be subject to the availability of
annual appropriations: Provided further, That the Secretary
shall, to the maximum extent practicable, administer such
vouchers with current regulations and administrative guidance
applicable to section 8 housing vouchers administered by the
Secretary of the Department of Housing and Urban Development:
Provided further, That if the Secretary determines that the
amount made available for vouchers in this or any other Act
is not needed for vouchers, the Secretary may use such funds
for the demonstration program for the preservation and
revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the
funds made available under this
[[Page S5174]]
heading, $24,000,000 shall be available for a demonstration
program for the preservation and revitalization of the
sections 514, 515, and 516 multi-family rental housing
properties to restructure existing USDA multi-family housing
loans, as the Secretary deems appropriate, expressly for the
purposes of ensuring the project has sufficient resources to
preserve the project for the purpose of providing safe and
affordable housing for low-income residents and farm laborers
including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt;
and other financial assistance including advances, payments
and incentives (including the ability of owners to obtain
reasonable returns on investment) required by the Secretary:
Provided further, That the Secretary shall as part of the
preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the
restructuring: Provided further, That if the Secretary
determines that additional funds for vouchers described in
this paragraph are needed, funds for the preservation and
revitalization demonstration program may be used for such
vouchers: Provided further, That if Congress enacts
legislation to permanently authorize a multi-family rental
housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval
of the Committees on Appropriations of both Houses of
Congress: Provided further, That in addition to any other
available funds, the Secretary may expend not more than
$1,000,000 total, from the program funds made available under
this heading, for administrative expenses for activities
funded under this heading.
mutual and self-help housing grants
For grants and contracts pursuant to section 523(b)(1)(A)
of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to
remain available until expended.
rural housing assistance grants
For grants for very low-income housing repair and rural
housing preservation made by the Rural Housing Service, as
authorized by 42 U.S.C. 1474, and 1490m, $40,000,000, to
remain available until expended.
rural community facilities program account
(including transfers of funds)
For gross obligations for the principal amount of direct
and guaranteed loans as authorized by section 306 and
described in section 381E(d)(1) of the Consolidated Farm and
Rural Development Act, $3,000,000,000 for direct loans and
$148,287,000 for guaranteed loans.
For the cost of guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the
Congressional Budget Act of 1974, $4,285,000, to remain
available until expended.
For the cost of grants for rural community facilities
programs as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural
Development Act, $47,778,000, to remain available until
expended: Provided, That $6,000,000 of the amount
appropriated under this heading shall be available for a
Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity
and ability of private, nonprofit community-based housing and
community development organizations, low-income rural
communities, and Federally Recognized Native American Tribes
to undertake projects to improve housing, community
facilities, community and economic development projects in
rural areas: Provided further, That such funds shall be made
available to qualified private, nonprofit and public
intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further,
That such intermediary organizations shall provide matching
funds from other sources, including Federal funds for related
activities, in an amount not less than funds provided:
Provided further, That $5,778,000 of the amount appropriated
under this heading shall be to provide grants for facilities
in rural communities with extreme unemployment and severe
economic depression (Public Law 106-387), with up to 5
percent for administration and capacity building in the State
rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be
available for community facilities grants to tribal colleges,
as authorized by section 306(a)(19) of such Act: Provided
further, That sections 381E-H and 381N of the Consolidated
Farm and Rural Development Act are not applicable to the
funds made available under this heading.
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
For the cost of loan guarantees and grants, for the rural
business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section
310B of the Consolidated Farm and Rural Development Act,
$69,619,000, to remain available until expended: Provided,
That of the amount appropriated under this heading, not to
exceed $500,000 shall be made available for one grant to a
qualified national organization to provide technical
assistance for rural transportation in order to promote
economic development and $8,000,000 shall be for grants to
the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the
Northern Border Regional Commission (40 U.S.C. 15101 et
seq.), and the Appalachian Regional Commission (40 U.S.C.
14101 et seq.) for any Rural Community Advancement Program
purpose as described in section 381E(d) of the Consolidated
Farm and Rural Development Act, of which not more than 5
percent may be used for administrative expenses: Provided
further, That $4,000,000 of the amount appropriated under
this heading shall be for business grants to benefit
Federally Recognized Native American Tribes, including
$250,000 for a grant to a qualified national organization to
provide technical assistance for rural transportation in
order to promote economic development: Provided further,
That sections 381E-H and 381N of the Consolidated Farm and
Rural Development Act are not applicable to funds made
available under this heading.
intermediary relending program fund account
(including transfer of funds)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $4,157,000, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), of which $557,000 shall be available through June 30,
2019, for Federally Recognized Native American Tribes; and of
which $1,072,000 shall be available through June 30, 2019,
for Mississippi Delta Region counties (as determined in
accordance with Public Law 100-460): Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the
direct loan programs, $4,468,000 shall be transferred to and
merged with the appropriation for ``Rural Development,
Salaries and Expenses''.
rural economic development loans program account
For the principal amount of direct loans, as authorized
under section 313 of the Rural Electrification Act, for the
purpose of promoting rural economic development and job
creation projects, $45,000,000.
The cost of grants authorized under section 313 of the
Rural Electrification Act, for the purpose of promoting rural
economic development and job creation projects shall not
exceed $10,000,000.
rural cooperative development grants
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1932), $30,050,000, of which
$3,750,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program:
Provided, That not to exceed $3,000,000 shall be for grants
for cooperative development centers, individual cooperatives,
or groups of cooperatives that serve socially disadvantaged
groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $17,500,000,
to remain available until expended, shall be for value-added
agricultural product market development grants, as authorized
by section 231 of the Agricultural Risk Protection Act of
2000 (7 U.S.C. 1632a), of which $2,500,000 shall be for
Agriculture Innovation Centers authorized pursuant to section
6402 of Public Law 107-171.
rural energy for america program
For the cost of a program of loan guarantees, under the
same terms and conditions as authorized by section 9007 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107), $338,000: Provided, That the cost of loan guarantees,
including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of
1974.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
For the cost of direct loans, loan guarantees, and grants
for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B and described in sections
306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated
Farm and Rural Development Act, $558,183,000, to remain
available until expended, of which not to exceed $1,000,000
shall be available for the rural utilities program described
in section 306(a)(2)(B) of such Act, and of which not to
exceed $993,000 shall be available for the rural utilities
program described in section 306E of such Act: Provided,
That not to exceed $15,000,000 of the amount appropriated
under this heading shall be for grants authorized by section
306A(i)(2) of the Consolidated Farm and Rural Development Act
in addition to funding authorized by section 306A(i)(1) of
such Act and such grants may not exceed $1,000,000
notwithstanding section 306A(f)(1) of such Act: Provided
further, That $68,000,000 of the amount appropriated under
this heading shall be for loans and grants including water
and waste disposal systems grants authorized by section
306C(a)(2)(B) and section 306D of the Consolidated Farm and
Rural Development Act, and Federally Recognized Native
American Tribes authorized by 306C(a)(1) of such Act:
Provided further, That funding provided for section 306D of
the Consolidated Farm and Rural Development Act may be
provided to a consortium
[[Page S5175]]
formed pursuant to section 325 of Public Law 105-83:
Provided further, That not more than 2 percent of the funding
provided for section 306D of the Consolidated Farm and Rural
Development Act may be used by the State of Alaska for
training and technical assistance programs and not more than
2 percent of the funding provided for section 306D of the
Consolidated Farm and Rural Development Act may be used by a
consortium formed pursuant to section 325 of Public Law 105-
83 for training and technical assistance programs: Provided
further, That not to exceed $40,000,000 of the amount
appropriated under this heading shall be for technical
assistance grants for rural water and waste systems pursuant
to section 306(a)(14) of such Act, unless the Secretary makes
a determination of extreme need, of which $8,000,000 shall be
made available for a grant to a qualified nonprofit multi-
State regional technical assistance organization, with
experience in working with small communities on water and
waste water problems, the principal purpose of such grant
shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing,
development, operation, and management of water and waste
water systems, and of which not less than $800,000 shall be
for a qualified national Native American organization to
provide technical assistance for rural water systems for
tribal communities: Provided further, That not to exceed
$19,000,000 of the amount appropriated under this heading
shall be for contracting with qualified national
organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided
further, That not to exceed $4,000,000 shall be for solid
waste management grants: Provided further, That $10,000,000
of the amount appropriated under this heading shall be
transferred to, and merged with, the Rural Utilities Service,
High Energy Cost Grants Account to provide grants authorized
under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances
for high-energy cost grants authorized by section 19 of the
Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be
transferred to and merged with the Rural Utilities Service,
High Energy Cost Grants Account: Provided further, That
sections 381E-H and 381N of the Consolidated Farm and Rural
Development Act are not applicable to the funds made
available under this heading.
rural electrification and telecommunications loans program account
(including transfer of funds)
The principal amount of direct and guaranteed loans as
authorized by sections 305, 306, and 317 of the Rural
Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g)
shall be made as follows: loans made pursuant to sections
305, 306, and 317, notwithstanding 317(c), of that Act, rural
electric, $5,500,000,000; guaranteed underwriting loans
pursuant to section 313A, $750,000,000; 5 percent rural
telecommunications loans, cost of money rural
telecommunications loans, and for loans made pursuant to
section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be
used for the construction, acquisition, design and
engineering or improvement of fossil-fueled electric
generating plants (whether new or existing) that utilize
carbon subsurface utilization and storage systems.
For the cost of direct loans as authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935),
including the cost of modifying loans, as defined in section
502 of the Congressional Budget Act of 1974, cost of money
rural telecommunications loans, $1,725,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000,
which shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and
Expenses''.
distance learning, telemedicine, and broadband program
For the principal amount of broadband telecommunication
loans, $29,851,000.
For grants for telemedicine and distance learning services
in rural areas, as authorized by 7 U.S.C. 950aaa et seq.,
$33,000,000, to remain available until expended: Provided,
That $3,000,000 shall be made available for grants authorized
by 379G of the Consolidated Farm and Rural Development Act:
Provided further, That funding provided under this heading
for grants under 379G of the Consolidated Farm and Rural
Development Act may only be provided to entities that meet
all of the eligibility criteria for a consortium as
established by this section.
For the cost of broadband loans, as authorized by section
601 of the Rural Electrification Act, $5,830,000, to remain
available until expended: Provided, That the cost of direct
loans shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, $30,000,000, to remain available until
expended, for a grant program to finance broadband
transmission in rural areas eligible for Distance Learning
and Telemedicine Program benefits authorized by 7 U.S.C.
950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $800,000:
Provided, That funds made available by this Act to an agency
in the Food, Nutrition and Consumer Services mission area for
salaries and expenses are available to fund up to one
administrative support staff for the Office.
Food and Nutrition Service
child nutrition programs
(including transfers of funds)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except
section 21, and the Child Nutrition Act of 1966 (42 U.S.C.
1771 et seq.), except sections 17 and 21; $23,184,012,000 to
remain available through September 30, 2020, of which such
sums as are made available under section 14222(b)(1) of the
Food, Conservation, and Energy Act of 2008 (Public Law 110-
246), as amended by this Act, shall be merged with and
available for the same time period and purposes as provided
herein: Provided, That of the total amount available,
$17,004,000 shall be available to carry out section 19 of the
Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):
Provided further, That of the total amount available,
$30,000,000 shall be available to provide competitive grants
to State agencies for subgrants to local educational agencies
and schools to purchase the equipment, with a value of
greater than $1,000, needed to serve healthier meals, improve
food safety, and to help support the establishment,
maintenance, or expansion of the school breakfast program:
Provided further, That of the total amount available,
$28,000,000 shall remain available until expended to carry
out section 749(g) of the Agriculture Appropriations Act of
2010 (Public Law 111-80): Provided further, That section
26(d) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1769g(d)) is amended in the first sentence by striking
``2010 through 2018'' and inserting ``2010 through 2019'':
Provided further, That section 9(h)(3) of the Richard B.
Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is
amended in the first sentence by striking ``for fiscal year
2018'' and inserting ``for fiscal year 2019'': Provided
further, That section 9(h)(4) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended
in the first sentence by striking ``for fiscal year 2018''
and inserting ``for fiscal year 2019''.
special supplemental nutrition program for women, infants, and children
(wic)
For necessary expenses to carry out the special
supplemental nutrition program as authorized by section 17 of
the Child Nutrition Act of 1966 (42 U.S.C. 1786),
$6,150,000,000, to remain available through September 30,
2020, of which $25,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the
Secretary deemed necessary, notwithstanding section 17(i) of
such Act, to support participation should cost or
participation exceed budget estimates: Provided, That
notwithstanding section 17(h)(10) of the Child Nutrition Act
of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000
shall be used for breastfeeding peer counselors and other
related activities, and $19,000,000 shall be used for
infrastructure, of which $5,000,000 shall be for competitive
grants to promote breastfeeding and improved nutritional
health through technologies and services, including
telemedicine: Provided further, That none of the funds
provided in this account shall be available for the purchase
of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in
section 17 of such Act: Provided further, That none of the
funds provided shall be available for activities that are not
fully reimbursed by other Federal Government departments or
agencies unless authorized by section 17 of such Act:
Provided further, That upon termination of a federally
mandated vendor moratorium and subject to terms and
conditions established by the Secretary, the Secretary may
waive the requirement at 7 CFR 246.12(g)(6) at the request of
a State agency.
supplemental nutrition assistance program
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $73,219,274,000, of
which $3,000,000,000, to remain available through December
31, 2020, shall be placed in reserve for use only in such
amounts and at such times as may become necessary to carry
out program operations: Provided, That funds provided herein
shall be expended in accordance with section 16 of the Food
and Nutrition Act of 2008: Provided further, That of the
funds made available under this heading, $998,000 may be used
to provide nutrition education services to State agencies and
Federally Recognized Tribes participating in the Food
Distribution Program on Indian Reservations: Provided
further, That this appropriation shall be subject to any work
registration or workfare requirements as may be required by
law: Provided further, That funds made available for
Employment and Training under this heading shall remain
available through September 30, 2020: Provided further, That
funds made available under this heading for section 28(d)(1),
section 4(b), and section 27(a) of the Food and Nutrition Act
of 2008 shall remain available through September 30, 2020:
Provided further, That none of the funds made available under
this heading may be obligated or expended in contravention of
section 213A of the Immigration and Nationality Act (8 U.S.C.
1183A): Provided further, That funds made available under
this heading may be used to enter into contracts and employ
staff to conduct studies, evaluations, or to conduct
activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of
2008.
[[Page S5176]]
commodity assistance program
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by
section 4(a) of the Agriculture and Consumer Protection Act
of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance
Act of 1983; special assistance for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of
Free Association Amendments Act of 2003 (Public Law 108-188);
and the Farmers' Market Nutrition Program, as authorized by
section 17(m) of the Child Nutrition Act of 1966,
$322,139,000, to remain available through September 30, 2020:
Provided, That none of these funds shall be available to
reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That
notwithstanding any other provision of law, effective with
funds made available in fiscal year 2019 to support the
Seniors Farmers' Market Nutrition Program, as authorized by
section 4402 of the Farm Security and Rural Investment Act of
2002, such funds shall remain available through September 30,
2020: Provided further, That of the funds made available
under section 27(a) of the Food and Nutrition Act of 2008 (7
U.S.C. 2036(a)), the Secretary may use up to 15 percent for
costs associated with the distribution of commodities.
nutrition programs administration
For necessary administrative expenses of the Food and
Nutrition Service for carrying out any domestic nutrition
assistance program, $164,688,000: Provided, That of the
funds provided herein, $2,000,000 shall be used for the
purposes of section 4404 of Public Law 107-171, as amended by
section 4401 of Public Law 110-246.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
For necessary expenses of the Office of the Under Secretary
for Trade and Foreign Agricultural Affairs, $875,000:
Provided, That funds made available by this Act to any agency
in the Trade and Foreign Agricultural Affairs mission area
for salaries and expenses are available to fund up to one
administrative support staff for the Office.
office of codex alimentarius
For necessary expenses of the Office of Codex Alimentarius,
$3,976,000, including not to exceed $40,000 for official
reception and representation expenses.
Foreign Agricultural Service
salaries and expenses
(including transfers of funds)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation
allowances and for expenses pursuant to section 8 of the Act
approved August 3, 1956 (7 U.S.C. 1766), $212,230,000, of
which no more than 6 percent shall remain available until
September 30, 2020, for overseas operations to include the
payment of locally employed staff: Provided, That the
Service may utilize advances of funds, or reimburse this
appropriation for expenditures made on behalf of Federal
agencies, public and private organizations and institutions
under agreements executed pursuant to the agricultural food
production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development: Provided further, That funds made
available for middle-income country training programs, funds
made available for the Borlaug International Agricultural
Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation
solely for the purpose of offsetting fluctuations in
international currency exchange rates, subject to
documentation by the Foreign Agricultural Service, shall
remain available until expended.
food for peace title i direct credit and food for progress program
account
(including transfer of funds)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83-480) and the
Food for Progress Act of 1985, $142,000, shall be transferred
to and merged with the appropriation for ``Farm Service
Agency, Salaries and Expenses''.
food for peace title ii grants
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including
interest thereon, under the Food for Peace Act (Public Law
83-480), for commodities supplied in connection with
dispositions abroad under title II of said Act,
$1,716,000,000, to remain available until expended.
mcgovern-dole international food for education and child nutrition
program grants
For necessary expenses to carry out the provisions of
section 3107 of the Farm Security and Rural Investment Act of
2002 (7 U.S.C. 1736o-1), $210,255,000, to remain available
until expended: Provided, That the Commodity Credit
Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing
such section, subject to reimbursement from amounts provided
herein: Provided further, That of the amount made available
under this heading, $15,000,000, shall remain available until
expended for necessary expenses to carry out the provisions
of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
commodity credit corporation export (loans) credit guarantee program
account
(including transfers of funds)
For administrative expenses to carry out the Commodity
Credit Corporation's Export Guarantee Program, GSM 102 and
GSM 103, $8,845,000; to cover common overhead expenses as
permitted by section 11 of the Commodity Credit Corporation
Charter Act and in conformity with the Federal Credit Reform
Act of 1990, of which $6,382,000 shall be transferred to and
merged with the appropriation for ``Foreign Agricultural
Service, Salaries and Expenses'', and of which $2,463,000
shall be transferred to and merged with the appropriation for
``Farm Service Agency, Salaries and Expenses''.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
food and drug administration
salaries and expenses
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for
payment of space rental and related costs pursuant to Public
Law 92-313 for programs and activities of the Food and Drug
Administration which are included in this Act; for rental of
special purpose space in the District of Columbia or
elsewhere; in addition to amounts appropriated to the FDA
Innovation Account, for carrying out the activities described
in section 1002(b)(4) of the 21st Century Cures Act (Public
Law 114-255); for miscellaneous and emergency expenses of
enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's
certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107-188; $5,419,299,000: Provided,
That of the amount provided under this heading, $960,568,000
shall be derived from prescription drug user fees authorized
by 21 U.S.C. 379h, and shall be credited to this account and
remain available until expended; $196,668,000 shall be
derived from medical device user fees authorized by 21 U.S.C.
379j, and shall be credited to this account and remain
available until expended; $501,396,000 shall be derived from
human generic drug user fees authorized by 21 U.S.C. 379j-42,
and shall be credited to this account and remain available
until expended; $40,922,000 shall be derived from biosimilar
biological product user fees authorized by 21 U.S.C. 379j-52,
and shall be credited to this account and remain available
until expended; $30,331,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j-12, and shall be
credited to this account and remain available until expended;
$18,336,000 shall be derived from generic new animal drug
user fees authorized by 21 U.S.C. 379j-21, and shall be
credited to this account and remain available until expended;
$712,000,000 shall be derived from tobacco product user fees
authorized by 21 U.S.C. 387s, and shall be credited to this
account and remain available until expended: Provided
further, That in addition to and notwithstanding any other
provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human
generic drug user fees, biosimilar biological product user
fees, animal drug user fees, and generic new animal drug user
fees that exceed the respective fiscal year 2019 limitations
are appropriated and shall be credited to this account and
remain available until expended: Provided further, That fees
derived from prescription drug, medical device, human generic
drug, biosimilar biological product, animal drug, and generic
new animal drug assessments for fiscal year 2019, including
any such fees collected prior to fiscal year 2019 but
credited for fiscal year 2019, shall be subject to the fiscal
year 2019 limitations: Provided further, That the Secretary
may accept payment during fiscal year 2019 of user fees
specified under this heading and authorized for fiscal year
2020, prior to the due date for such fees, and that amounts
of such fees assessed for fiscal year 2020 for which the
Secretary accepts payment in fiscal year 2019 shall not be
included in amounts under this heading: Provided further,
That none of these funds shall be used to develop, establish,
or operate any program of user fees authorized by 31 U.S.C.
9701: Provided further, That of the total amount
appropriated: (1) $1,052,315,000 shall be for the Center for
Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2)
$1,720,807,000 shall be for the Center for Drug Evaluation
and Research and related field activities in the Office of
Regulatory Affairs; (3) $369,857,000 shall be for the Center
for Biologics Evaluation and Research and for related field
activities in the Office of Regulatory Affairs; (4)
$216,914,000 shall be for the Center for Veterinary Medicine
and for related field activities in the Office of Regulatory
Affairs; (5) $495,988,000 shall be for the Center for Devices
and Radiological Health and for related field activities in
the Office of Regulatory Affairs; (6) $65,531,000 shall be
for the National Center for Toxicological Research; (7)
$662,043,000 shall be for the Center for Tobacco Products and
for related field activities in the Office of Regulatory
Affairs; (8) not to exceed $174,751,000 shall be for Rent and
Related activities, of which $50,987,000 is for White Oak
Consolidation, other than the amounts paid to the General
Services Administration for rent; (9) not to exceed
[[Page S5177]]
$240,887,000 shall be for payments to the General Services
Administration for rent; and (10) $420,206,000 shall be for
other activities, including the Office of the Commissioner of
Food and Drugs, the Office of Foods and Veterinary Medicine,
the Office of Medical and Tobacco Products, the Office of
Global and Regulatory Policy, the Office of Operations, the
Office of the Chief Scientist, and central services for these
offices: Provided further, That not to exceed $25,000 of
this amount shall be for official reception and
representation expenses, not otherwise provided for, as
determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only
be from amounts made available under this heading for other
activities: Provided further, That of the amounts that are
made available under this heading for ``other activities'',
and that are not derived from user fees, $1,500,000 shall be
transferred to and merged with the appropriation for
``Department of Health and Human Services--Office of
Inspector General'' for oversight of the programs and
operations of the Food and Drug Administration and shall be
in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That
funds may be transferred from one specified activity to
another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C.
381, priority review user fees authorized by 21 U.S.C. 360n
and 360ff, food and feed recall fees, food reinspection fees,
and voluntary qualified importer program fees authorized by
21 U.S.C. 379j-31, outsourcing facility fees authorized by 21
U.S.C. 379j-62, prescription drug wholesale distributor
licensing and inspection fees authorized by 21 U.S.C.
353(e)(3), third-party logistics provider licensing and
inspection fees authorized by 21 U.S.C. 360eee-3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8),
and medical countermeasure priority review voucher user fees
authorized by 21 U.S.C. 360bbb-4a, shall be credited to this
account, to remain available until expended.
buildings and facilities
For plans, construction, repair, improvement, extension,
alteration, demolition, and purchase of fixed equipment or
facilities of or used by the Food and Drug Administration,
where not otherwise provided, $11,788,000, to remain
available until expended.
fda innovation account, cures act
For necessary expenses to carry out the purposes described
under section 1002(b)(4) of the 21st Century Cures Act, in
addition to amounts available for such purposes under the
heading ``Salaries and Expenses'', $70,000,000, to remain
available until expended: Provided, That amounts
appropriated in this paragraph are appropriated pursuant to
section 1002(b)(3) of the 21st Century Cures Act, are to be
derived from amounts transferred under section 1002(b)(2)(A)
of such Act, and may be transferred by the Commissioner of
Food and Drugs to the appropriation for ``Department of
Health and Human Services--Food and Drug Administration--
Salaries and Expenses'' solely for the purposes provided in
such Act: Provided further, That upon a determination by the
Commissioner that funds transferred pursuant to the previous
proviso are not necessary for the purposes provided, such
amounts may be transferred back to the account: Provided
further, That such transfer authority is in addition to any
other transfer authority provided by law.
INDEPENDENT AGENCY
Farm Credit Administration
limitation on administrative expenses
Not to exceed $74,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural
Mortgage Corporation) shall be obligated during the current
fiscal year for administrative expenses as authorized under
12 U.S.C. 2249: Provided, That this limitation shall not
apply to expenses associated with receiverships: Provided
further, That the agency may exceed this limitation by up to
10 percent with notification to the Committees on
Appropriations of both Houses of Congress.
TITLE VII
GENERAL PROVISIONS
(including rescissions and transfers of funds)
Sec. 701. Within the unit limit of cost fixed by law,
appropriations and authorizations made for the Department of
Agriculture for the current fiscal year under this Act shall
be available for the purchase, in addition to those
specifically provided for, of not to exceed 71 passenger
motor vehicles of which 68 shall be for replacement only, and
for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new
passenger vehicles shall be for those determined by the
Secretary to be necessary for transportation safety, to
reduce operational costs, and for the protection of life,
property, and public safety.
Sec. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or
any other available unobligated discretionary balances that
are remaining available of the Department of Agriculture to
the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of
primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
Capital Fund without the prior approval of the agency
administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this
section shall be available for obligation without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That none of the funds appropriated by this Act or made
available to the Department's Working Capital Fund shall be
available for obligation or expenditure to make any changes
to the Department's National Finance Center without written
notification to and prior approval of the Committees on
Appropriations of both Houses of Congress as required by
section 717 of this Act: Provided further, That none of the
funds appropriated by this Act or made available to the
Department's Working Capital Fund shall be available for
obligation or expenditure to initiate, plan, develop,
implement, or make any changes to remove or relocate any
systems, missions, or functions of the offices of the Chief
Financial Officer or any personnel from the National Finance
Center prior to written notification to and prior approval of
the Committee on Appropriations of both Houses of Congress
and in accordance with the requirements of section 717 of
this Act: Provided further, That the Secretary of
Agriculture and the offices of the Chief Financial Officer
shall actively market to existing and new Departments and
other government agencies National Finance Center shared
services including, but not limited to, payroll, financial
management, and human capital shared services and allow the
National Finance Center to perform technology upgrades:
Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture
attributable to the amounts in excess of the true costs of
the shared services provided by the National Finance Center
and budgeted for the National Finance Center, the Secretary
shall reserve not more than 4 percent for the replacement or
acquisition of capital equipment, including equipment for the
improvement, delivery, and implementation of financial,
administrative, and information technology services, and
other systems of the National Finance Center or to pay any
unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved
shall be available for obligation unless the Secretary
submits written notification of the obligation to the
Committees on Appropriations of both Houses of Congress:
Provided further, That the limitations on the obligation of
funds pending notification to Congressional Committees shall
not apply to any obligation that, as determined by the
Secretary, is necessary to respond to a declared state of
emergency that significantly impacts the operations of the
National Finance Center; or to evacuate employees of the
National Finance Center to a safe haven to continue
operations of the National Finance Center.
Sec. 703. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 704. No funds appropriated by this Act may be used to
pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10
percent of the total direct cost of the agreement when the
purpose of such cooperative arrangements is to carry out
programs of mutual interest between the two parties. This
does not preclude appropriate payment of indirect costs on
grants and contracts with such institutions when such
indirect costs are computed on a similar basis for all
agencies for which appropriations are provided in this Act.
Sec. 705. Appropriations to the Department of Agriculture
for the cost of direct and guaranteed loans made available in
the current fiscal year shall remain available until expended
to disburse obligations made in the current fiscal year for
the following accounts: the Rural Development Loan Fund
program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural
Housing Insurance Fund program account.
Sec. 706. None of the funds made available to the
Department of Agriculture by this Act may be used to acquire
new information technology systems or significant upgrades,
as determined by the Office of the Chief Information Officer,
without the approval of the Chief Information Officer and the
concurrence of the Executive Information Technology
Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or
otherwise made available by this Act may be transferred to
the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further,
That, notwithstanding section 11319 of title 40, United
States Code, none of the funds available to the Department of
Agriculture for information technology shall be obligated for
projects, contracts, or other agreements over $25,000 prior
to receipt of written approval by
[[Page S5178]]
the Chief Information Officer: Provided further, That the
Chief Information Officer may authorize an agency to obligate
funds without written approval from the Chief Information
Officer for projects, contracts, or other agreements up to
$250,000 based upon the performance of an agency measured
against the performance plan requirements described in the
explanatory statement accompanying Public Law 113-235.
Sec. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current
fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year.
Sec. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured,
direct or guaranteed loan under the Rural Electrification Act
of 1936, or any not-for-profit utility that is eligible to
receive an insured or direct loan under such Act, shall be
eligible for assistance under section 313(b)(2)(B) of such
Act in the same manner as a borrower under such Act.
Sec. 709. Except as otherwise specifically provided by
law, not more than $20,000,000 in unobligated balances from
appropriations made available for salaries and expenses in
this Act for the Farm Service Agency shall remain available
through September 30, 2020, for information technology
expenses: Provided, That except as otherwise specifically
provided by law, unobligated balances from appropriations
made available for salaries and expenses in this Act for the
Rural Development mission area shall remain available through
September 30, 2020, for information technology expenses.
Sec. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by
the employees of agencies funded by this Act in contravention
of sections 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
Sec. 711. In the case of each program established or
amended by the Agricultural Act of 2014 (Public Law 113-79),
other than by title I or subtitle A of title III of such Act,
or programs for which indefinite amounts were provided in
that Act, that is authorized or required to be carried out
using funds of the Commodity Credit Corporation--
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance,
associated with the implementation of the program, without
regard to the limitation on the total amount of allotments
and fund transfers contained in section 11 of the Commodity
Credit Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes of
applying the limitation on the total amount of allotments and
fund transfers contained in such section.
Sec. 712. Of the funds made available by this Act, not
more than $2,900,000 shall be used to cover necessary
expenses of activities related to all advisory committees,
panels, commissions, and task forces of the Department of
Agriculture, except for panels used to comply with negotiated
rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural
research, education, or extension grant awards issued by the
National Institute of Food and Agriculture that exceed 30
percent of total Federal funds provided under each award:
Provided, That notwithstanding section 1462 of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3310), funds provided by this Act for grants
awarded competitively by the National Institute of Food and
Agriculture shall be available to pay full allowable indirect
costs for each grant awarded under section 9 of the Small
Business Act (15 U.S.C. 638).
Sec. 714. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 715. Notwithstanding subsection (b) of section 14222
of Public Law 110-246 (7 U.S.C. 612c-6; in this section
referred to as ``section 14222''), none of the funds
appropriated or otherwise made available by this or any other
Act shall be used to pay the salaries and expenses of
personnel to carry out a program under section 32 of the Act
of August 24, 1935 (7 U.S.C. 612c; in this section referred
to as ``section 32'') in excess of $1,299,600,000 (exclusive
of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities--
$485,000,000; State Option Contracts-- $5,000,000; Removal of
Defective Commodities-- $2,500,000; Administration of Section
32 Commodity Purchases--$35,853,000: Provided, That of the
total funds made available in the matter preceding this
proviso that remain unobligated on October 1, 2019, such
unobligated balances shall carryover into fiscal year 2020
and shall remain available until expended for any of the
purposes of section 32, except that any such carryover funds
used in accordance with clause (3) of section 32 may not
exceed $350,000,000 and may not be obligated until the
Secretary of Agriculture provides written notification of the
expenditures to the Committees on Appropriations of both
Houses of Congress at least two weeks in advance: Provided
further, That, with the exception of any available carryover
funds authorized in any prior appropriations Act to be used
for the purposes of clause (3) of section 32, none of the
funds appropriated or otherwise made available by this or any
other Act shall be used to pay the salaries or expenses of
any employee of the Department of Agriculture to carry out
clause (3) of section 32.
Sec. 716. None of the funds appropriated by this or any
other Act shall be used to pay the salaries and expenses of
personnel who prepare or submit appropriations language as
part of the President's budget submission to the Congress for
programs under the jurisdiction of the Appropriations
Subcommittees on Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies that assumes
revenues or reflects a reduction from the previous year due
to user fees proposals that have not been enacted into law
prior to the submission of the budget unless such budget
submission identifies which additional spending reductions
should occur in the event the user fees proposals are not
enacted prior to the date of the convening of a committee of
conference for the fiscal year 2020 appropriations Act.
Sec. 717. (a) None of the funds provided by this Act, or
provided by previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in the current fiscal year, or provided from any
accounts in the Treasury derived by the collection of fees
available to the agencies funded by this Act, shall be
available for obligation or expenditure through a
reprogramming, transfer of funds, or reimbursements as
authorized by the Economy Act, or in the case of the
Department of Agriculture, through use of the authority
provided by section 702(b) of the Department of Agriculture
Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public
Law 89-106 (7 U.S.C. 2263), that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture, or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming of such funds or the use of such
authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for
obligation or expenditure for activities, programs, or
projects through a reprogramming or use of the authorities
referred to in subsection (a) involving funds in excess of
$500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing
programs, activities, or projects as approved by Congress;
unless the Secretary of Agriculture or the Secretary of
Health and Human Services (as the case may be) notifies in
writing and receives approval from the Committees on
Appropriations of both Houses of Congress at least 30 days in
advance of the reprogramming or transfer of such funds or the
use of such authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive
approval from the Committees on Appropriations of both Houses
of Congress before implementing any program or activity not
carried out during the previous fiscal year unless the
program or activity is funded by this Act or specifically
funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in
the current fiscal year, or provided from any accounts in the
Treasury derived by the collection of fees available to the
agencies funded by this Act, shall be available for--
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant
positions or agency activities or functions to establish a
center, office, branch, or similar entity with five or more
personnel; or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on
Appropriations of both Houses of Congress at least 30
[[Page S5179]]
days in advance of using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the
Secretary of Health and Human Services receives from the
Committee on Appropriations of both Houses of Congress
written or electronic mail confirmation of receipt of the
notification as required in this section.
Sec. 718. Notwithstanding section 310B(g)(5) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1932(g)(5)), the Secretary may assess a one-time fee for any
guaranteed business and industry loan in an amount that does
not exceed 3 percent of the guaranteed principal portion of
the loan.
Sec. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be
used to transmit or otherwise make available reports,
questions, or responses to questions that are a result of
information requested for the appropriations hearing process
to any non-Department of Agriculture, non-Department of
Health and Human Services, or non-Farm Credit Administration
employee.
Sec. 720. Unless otherwise authorized by existing law,
none of the funds provided in this Act, may be used by an
executive branch agency to produce any prepackaged news story
intended for broadcast or distribution in the United States
unless the story includes a clear notification within the
text or audio of the prepackaged news story that the
prepackaged news story was prepared or funded by that
executive branch agency.
Sec. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by
this Act or any other Act to any other agency or office of
the Department for more than 60 days in a fiscal year unless
the individual's employing agency or office is fully
reimbursed by the receiving agency or office for the salary
and expenses of the employee for the period of assignment.
Sec. 722. There is hereby appropriated $2,000,000 for a
pilot program to provide competitive grants to State
departments of agriculture, State cooperative extension
services, and nonprofit organizations to carry out programs
to address farmer stress and suicide.
Sec. 723. Not later than 30 days after the date of
enactment of this Act, the Secretary of Agriculture, the
Commissioner of the Food and Drug Administration, and the
Chairman of the Farm Credit Administration shall submit to
the Committees on Appropriations of both Houses of Congress a
detailed spending plan by program, project, and activity for
all the funds made available under this Act including
appropriated user fees, as defined in the report accompanying
this Act.
Sec. 724. Of the unobligated balances from amounts made
available for the supplemental nutrition program as
authorized by section 17 of the Child Nutrition Act of 1966
(42 U.S.C. 1786), $400,000,000 are hereby rescinded.
Sec. 725. The Secretary shall continue an intermediary
loan packaging program based on the pilot program in effect
for fiscal year 2013 for packaging and reviewing section 502
single family direct loans. The Secretary shall continue
agreements with current intermediary organizations and with
additional qualified intermediary organizations. The
Secretary shall work with these organizations to increase
effectiveness of the section 502 single family direct loan
program in rural communities and shall set aside and make
available from the national reserve section 502 loans an
amount necessary to support the work of such intermediaries
and provide a priority for review of such loans.
Sec. 726. For loans and loan guarantees that do not
require budget authority and the program level has been
established in this Act, the Secretary of Agriculture may
increase the program level for such loans and loan guarantees
by not more than 25 percent: Provided, That prior to the
Secretary implementing such an increase, the Secretary
notifies, in writing, the Committees on Appropriations of
both Houses of Congress at least 15 days in advance.
Sec. 727. None of the credit card refunds or rebates
transferred to the Working Capital Fund pursuant to section
729 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2002
(7 U.S.C. 2235a; Public Law 107-76) shall be available for
obligation without written notification to, and the prior
approval of, the Committees on Appropriations of both Houses
of Congress: Provided, That the refunds or rebates so
transferred shall be available for obligation only for the
acquisition of plant and capital equipment necessary for the
delivery of financial, administrative, and information
technology services of primary benefit to the agencies of the
Department of Agriculture.
Sec. 728. None of the funds made available by this Act may
be used to implement, administer, or enforce the ``variety''
requirements of the final rule entitled ``Enhancing Retailer
Standards in the Supplemental Nutrition Assistance Program
(SNAP)'' published by the Department of Agriculture in the
Federal Register on December 15, 2016 (81 Fed. Reg. 90675)
until the Secretary of Agriculture amends the definition of
the term ``variety'' as de fined in section
278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations,
and ``variety'' as applied in the definition of the term
``staple food'' as defined in section 271.2 of title 7, Code
of Federal Regulations, to increase the number of items that
qualify as acceptable varieties in each staple food category
so that the total number of such items in each staple food
category exceeds the number of such items in each staple food
category included in the final rule as published on December
15, 2016: Provided, That until the Secretary promulgates
such regulatory amendments, the Secretary shall apply the
requirements regarding acceptable varieties and breadth of
stock to Supplemental Nutrition Assistance Program retailers
that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113-
79).
Sec. 729. None of the funds made available by this Act or
any other Act may be used--
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or
use of industrial hemp, or seeds of such plant, that is grown
or cultivated in accordance with subsection section 7606 of
the Agricultural Act of 2014, within or outside the State in
which the industrial hemp is grown or cultivated.
Sec. 730. Funds provided by this or any prior
Appropriations Act for the Agriculture and Food Research
Initiative under 7 U.S.C. 450i(b) shall be made available
without regard to section 7128 of the Agricultural Act of
2014 (7 U.S.C. 3371 note), under the matching requirements in
laws in effect on the date before the date of enactment of
such section: Provided, That the requirements of 7 U.S.C.
450i(b)(9) shall continue to apply.
Sec. 731. In carrying out subsection (h) of section 502 of
the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of
Agriculture shall have the same authority with respect to
loans guaranteed under such section and eligible lenders for
such loans as the Secretary has under subsections (h) and (j)
of section 538 of such Act (42 U.S.C. 1490p-2) with respect
to loans guaranteed under such section 538 and eligible
lenders for such loans.
Sec. 732. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or
take any other action with respect to, allowing or requiring
information intended for a prescribing health care
professional, in the case of a drug or biological product
subject to section 503(b)(1) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such
professional electronically (in lieu of in paper form) unless
and until a Federal law is enacted to allow or require such
distribution.
Sec. 733. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt
of a submission for an exemption for investigational use of a
drug or biological product under section 505(i) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or
section 351(a)(3) of the Public Health Service Act (42 U.S.C.
262(a)(3)) in research in which a human embryo is
intentionally created or modified to include a heritable
genetic modification. Any such submission shall be deemed to
have not been received by the Secretary, and the exemption
may not go into effect.
Sec. 734. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
by the Food and Drug Administration and put into effect
November 16, 2015, in regards to the hazard analysis and
risk-based preventive control requirements of the current
good manufacturing practice, hazard analysis, and risk-based
preventive controls for food for animals rule with respect to
the regulation of the production, distribution, sale, or
receipt of dried spent grain byproducts of the alcoholic
beverage production process.
Sec. 735. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110-246.
Sec. 736. No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the
Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et
seq.) shall be deemed unsafe within the meaning of section
409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
348(a)) and no food that is introduced or delivered for
introduction into interstate commerce that bears or contains
a partially hydrogenated oil shall be deemed adulterated
under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by
virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June
18, 2018).
Sec. 737. There is hereby appropriated $10,000,000, to
remain available until expended, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a): Provided, That the Secretary may allow eligible
entities to offer loans to customers in any part of their
service territory and to offer loans to replace a
manufactured housing unit with another manufactured housing
unit, if replacement would be more cost effective in saving
energy.
Sec. 738. For fiscal years 2019 through 2025, the
Administrators of the Agricultural Research Service and the
Animal and Plant Health Inspection Service may make not to
exceed 50 appointments in any fiscal year for employees of
such agencies at the National Bio- and Agro-defense Facility
(NBAF) in Manhattan, Kansas: Provided, That such
appointments may be made in the manner provided by 7 U.S.C.
7657(b)(4)(A)(i-v): Provided further, That such appointments
may be made at a rate of basic pay that exceeds the
[[Page S5180]]
rate payable for such positions under the General Schedule or
the Executive Schedule, or other applicable schedule, as
appropriate.
Sec. 739. There is hereby appropriated $1,000,000 for the
Secretary to carry out a pilot program that provides forestry
inventory analysis, forest management and economic outcomes
modelling for certain currently enrolled Conservation Reserve
Program participants. The Secretary shall allow the Commodity
Credit Corporation to enter into agreements with and provide
grants to qualified non-profit organizations dedicated to
conservation, forestry and wildlife habitats, that also have
experience in conducting accurate forest inventory analysis
through the use of advanced, cost-effective technology. The
Secretary shall focus the analysis on lands enrolled for at
least eight years and located in areas with a substantial
concentration of acres enrolled under conservation practices
devoted to multiple bottomland hardwood tree species
including CP03, CP03A, CP11, CP22, CP31 and CP40.
Sec. 740. During fiscal year 2019, the Food and Drug
Administration shall not allow the introduction or delivery
for introduction into interstate commerce of any food that
contains genetically engineered salmon until the FDA
publishes final labeling guidelines for informing consumers
of such content.
Sec. 741. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16
U.S.C. 1310, there is appropriated $4,000,000, to remain
available until expended, to implement non-renewable
agreements on eligible lands, including flooded agricultural
lands, as determined by the Secretary, under the Water Bank
Act (16 U.S.C. 1301-1311).
Sec. 742. (a)(1) No Federal funds made available for this
fiscal year for the rural water, waste water, waste disposal,
and solid waste management programs authorized by sections
306, 306A, 306C, 306D, 306E, and 310B of the Consolidated
Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall
be used for a project for the construction, alteration,
maintenance, or repair of a public water or wastewater system
unless all of the iron and steel products used in the project
are produced in the United States.
(2) In this section, the term ``iron and steel products''
means the following products made primarily of iron or steel:
lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast
concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this
section referred to as the ``Secretary'') or the designee of
the Secretary finds that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project
by more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee
shall make available to the public on an informal basis a
copy of the request and information available to the
Secretary or the designee concerning the request, and shall
allow for informal public input on the request for at least
15 days prior to making a finding based on the request. The
Secretary or the designee shall make the request and
accompanying information available by electronic means,
including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent
with United States obligations under international
agreements.
(e) The Secretary may retain up to 0.25 percent of the
funds appropriated in this Act for ``Rural Utilities
Service--Rural Water and Waste Disposal Program Account'' for
carrying out the provisions described in subsection (a)(1)
for management and oversight of the requirements of this
section.
(f) Subsection (a) shall not apply with respect to a
project for which the engineering plans and specifications
include use of iron and steel products otherwise prohibited
by such subsection if the plans and specifications have
received required approvals from State agencies prior to the
date of enactment of this Act.
(g) For purposes of this section, the terms ``United
States'' and ``State'' shall include each of the several
States, the District of Columbia, and each federally
recognized Indian tribe.
Sec. 743. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2019, an
amount of funds made available in title III under the
headings of Rural Housing Insurance Fund Program Account,
Mutual and Self-Help Housing Grants, Rural Housing Assistance
Grants, Rural Community Facilities Program Account, Rural
Business Program Account, Rural Development Loan Fund Program
Account, and Rural Water and Waste Disposal Program Account,
equal to the amount obligated in REAP Zones with respect to
funds provided under such headings in the most recent fiscal
year any such funds were obligated under such headings for
REAP Zones.
Sec. 744. For the purposes of determining eligibility or
level of program assistance for Rural Development programs
the Secretary shall not include incarcerated prison
populations.
Sec. 745. There is hereby appropriated $1,000,000, to
remain available until expended, for a pilot program for the
Secretary to provide grants to qualified non-profit
organizations and public housing authorities to provide
technical assistance, including financial and legal services,
to RHS multi-family housing borrowers to facilitate the
acquisition of RHS multi-family housing properties in areas
where the Secretary determines a risk of loss of affordable
housing, by non-profit housing organizations and public
housing authorities as authorized by law that commit to keep
such properties in the RHS multi-family housing program for a
period of time as determined by the Secretary.
Sec. 746. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation
matters pending before Congress, other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
Sec. 747. (a) The Secretary of Agriculture (referred to in
this section as the ``Secretary'') shall carry out a pilot
program during fiscal year 2019 with respect to the 2018 crop
year for county-level agriculture risk coverage payments
under section 1117(b)(1) of the Agricultural Act of 2014 (7
U.S.C. 9017(b)(1)), that provides all or some of the State
Farm Service Agency offices in each State the opportunity to
provide agricultural producers in the State a supplemental
payment described in subsection (c) based on the alternate
calculation method described in subsection (b) for 1 or more
counties in a State if the office for that State determines
that the alternate calculation method is necessary to ensure
that, to the maximum extent practicable, there are not
significant yield calculation disparities between comparable
counties in the State.
(b) The alternate calculation method referred to in
subsection (a) is a method of calculating the actual yield
for the 2018 crop year for county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which--
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ``NASS data'') is
used for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of
the date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the
Secretary in effect as of the date of enactment of this Act),
the calculation of the county yield is determined using
reliable yield data from other sources, such as Risk
Management Agency data, National Agricultural Statistics
Service district data, National Agricultural Statistics
Service State yield data, or other data as determined by the
Farm Service Agency office in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer
would otherwise receive a county-level agriculture risk
coverage payment for the 2018 crop year in an amount that is
less than the payment that the agricultural producer would
receive under the alternate calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference
between--
(A) the payment that the agricultural producer would have
received without the alternate calculation method described
in subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to
remain available until September 30, 2020, to carry out the
pilot program described in this section.
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary
shall select States to participate in the pilot program under
this section so the cost of the pilot program equals the
amount provided under subsection (d).
(2) To the extent that the cost of the pilot program
exceeds the amount made available, the Secretary shall reduce
all payments under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of
actual yield for purposes of county-level agriculture risk
coverage payments under section 1117(b)(1) of the
Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than
payments made in accordance with the pilot program under this
section.
(g) A calculation of actual yield made using the alternate
calculation method described in subsection (b) shall not be
used as a basis for any agriculture risk coverage payment
determinations under section 1117 of the Agricultural Act of
2014 (7 U.S.C. 9017) other than for purposes of the pilot
program under this section.
[[Page S5181]]
Sec. 748. The Secretary of Agriculture and the Secretary's
designees are hereby granted the same access to information
and subject to the same requirements applicable to the
Secretary of Housing and Urban Development as provided in
section 453 of the Social Security Act (42 U.S.C. 653) and
section 6103(1)(7)(D)(ix) of the Internal Revenue Code of
1986 (26 U.S.C. 1603(1)(7)(D)(ix)) to verify the income for
individuals participating in sections 502, 504, 521, and 542
of the Housing Act of 1949 (42 U.S.C. 1472, 1474, 1490a, and
1490r), notwithstanding section 453(l)(1) of the Social
Security Act.
Sec. 749. In addition to any other funds made available in
this Act or any other Act, there is appropriated $5,000,000
to carry out section 18(g)(8) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1769(g)), to remain
available until expended.
Sec. 750. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop,
issue, promote, or advance any regulations applicable to food
manufacturers for population-wide sodium reduction actions or
to develop, issue, promote or advance final guidance
applicable to food manufacturers for long term population-
wide sodium reduction actions until the date on which a
dietary reference intake report with respect to sodium is
completed.
Sec. 751. There is hereby appropriated $1,000,000, to
remain available until September 30, 2020, for the cost of
loans and grants that is consistent with section 4206 of the
Agricultural Act of 2014, for necessary expenses of the
Secretary to support projects that provide access to healthy
food in underserved areas, to create and preserve quality
jobs, and to revitalize low-income communities.
Sec. 752. For an additional amount for ``Animal and Plant
Health Inspection Service--Salaries and Expenses'',
$7,500,000, to remain available until September 30, 2020, for
one-time control and management and associated activities
directly related to the multiple-agency response to citrus
greening.
Sec. 753. None of the funds made available by this or any
other Act may be used to enforce the final rule promulgated
by the Food and Drug Administration entitled ``Standards for
the Growing, Harvesting, Packing, and Holding of Produce for
Human Consumption,'' and published on November 27, 2015, with
respect to the regulation of the production, distribution,
sale, or receipt of grape varietals that are grown, harvested
and used solely for wine and receive commercial processing
that adequately reduces the presence of microorganisms of
public health significance.
Sec. 754. There is hereby appropriated $20,000,000, to
remain available until expended, for an additional amount for
telemedicine and distance learning services in rural areas,
as authorized by 7 U.S.C 950aaa et seq., to help address the
opioid epidemic in rural America.
Sec. 755. There is hereby appropriated $5,000,000, to
remain available until September 30, 2020, for a pilot
program for the National Institute of Food and Agriculture to
provide grants to nonprofit organizations for programs and
services to establish and enhance farming and ranching
opportunities for military veterans.
Sec. 756. There is hereby appropriated $425,000,000, to
remain available until expended, for an additional amount for
Sec. 779 of P.L. 115-141.
Sec. 757. For an additional amount for the cost of direct
loans and grants made under the ``Rural Water and Waste
Disposal Program Account'', $400,000,000, to remain available
until expended.
Sec. 758. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel--
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
note; Public Law 104-127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
This division may be cited as the ``Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2019''.
DIVISION D--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2019, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$113,535,000, of which not to exceed $3,001,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,040,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,428,000 shall be
available for the Office of the General Counsel; not to
exceed $10,265,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$14,019,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,550,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,244,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,142,000 shall be
available for the Office of Public Affairs; not to exceed
$1,835,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,325,000 shall be available for
the Office of Intelligence, Security, and Emergency Response;
and not to exceed $16,686,000 shall be available for the
Office of the Chief Information Officer: Provided, That the
Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to
any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be
increased or decreased by more than 5 percent by all such
transfers: Provided further, That notice of any change in
funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on
Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official
reception and representation expenses as the Secretary may
determine: Provided further, That notwithstanding any other
provision of law, excluding fees authorized in Public Law
107-71, there may be credited to this appropriation up to
$2,500,000 in funds received in user fees: Provided further,
That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public
Affairs.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $8,471,000,
of which $2,218,000 shall remain available until September
30, 2021: Provided, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $1,000,000,000, to remain available through
September 30, 2021: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for
projects that will have a significant local or regional
impact: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited
to, highway or bridge projects eligible under title 23,
United States Code; public transportation projects eligible
under chapter 53 of title 49, United States Code; passenger
and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure and land ports of entry): Provided further,
That of the amount made available under this heading, the
Secretary may use an amount not to exceed $15,000,000 for the
planning, preparation or design of projects eligible for
funding under this heading: Provided further, That grants
awarded under the previous proviso shall not be subject to a
minimum grant size: Provided further, That the Secretary may
use up to 20 percent of the funds made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code,
or sections 501 through 504 of the Railroad Revitalization
and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided
further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to
ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and
rural areas, and the investment in a variety of
transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not
greater than $25,000,000: Provided further, That not more
than 10 percent of the funds made available under this
heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for
which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects
that require a contribution of Federal funds in order to
complete an overall financing package: Provided further,
That not less than 30 percent of the funds provided under
this heading shall be for projects located in rural areas:
Provided further, That for projects located in rural areas,
the minimum grant size shall be $1,000,000 and the Secretary
may increase the Federal share of costs above 80 percent:
Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to $25,000,000 of the funds provided
under
[[Page S5182]]
this heading, and may transfer portions of those funds to the
Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration to fund the
award and oversight of grants and credit assistance made
under the National Infrastructure Investments program:
Provided further, That none of the funds provided in the
previous proviso may be used to hire additional personnel:
Provided further, That the Secretary shall consider and award
projects based solely on the selection criteria from the
fiscal year 2016 Notice of Funding Opportunity: Provided
further, That the Secretary shall not use the Federal share
or an applicant's ability to generate non-Federal revenue as
a selection criteria in awarding projects: Provided further,
That the Secretary shall issue the Notice of Funding
Opportunity no later than 60 days after enactment of this
Act: Provided further, That the Notice of Funding
Opportunity shall require application submissions 90 days
after the publishing of such Notice: Provided further, That
of the applications submitted under the previous two
provisos, the Secretary shall make grants no later than 270
days after enactment of this Act in such amounts that the
Secretary determines.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface
Transportation and Innovative Finance Bureau as authorized by
49 U.S.C. 116, $2,987,000, to remain available until
expended.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $2,000,000, to remain
available through September 30, 2020.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, and implementation of enhanced security
controls on network devices, $15,000,000, to remain available
through September 30, 2020.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, $7,879,000, to remain
available until expended: Provided, That of such amount,
$1,000,000 shall be for necessary expenses for the
Interagency Infrastructure Permitting Improvement Center
(IIPIC): Provided further, That there may be transferred to
this appropriation, to remain available until expended,
amounts transferred from other Federal agencies for expenses
incurred under this heading for IIPIC activities not related
to transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$203,883,000, shall be paid from appropriations made
available to the Department of Transportation: Provided,
That such services shall be provided on a competitive basis
to entities within the Department of Transportation:
Provided further, That the above limitation on operating
expenses shall not apply to non-DOT entities: Provided
further, That no funds appropriated in this Act to an agency
of the Department shall be transferred to the Working Capital
Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided
further, That no assessments may be levied against any
program, budget activity, subactivity or project funded by
this Act unless notice of such assessments and the basis
therefor are presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For necessary expenses of the Minority Business Resource
Center, the provision of financial education outreach
activities to eligible transportation-related small
businesses, the monitoring of existing loans in the
guaranteed loan program, and the modification of such loans
of the Minority Business Resource Center, $249,000, as
authorized by 49 U.S.C. 332: Provided, That notwithstanding
that section, these funds may be for business opportunities
related to any mode of transportation.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $3,488,000, to remain
available until September 30, 2020: Provided, That
notwithstanding 49 U.S.C. 332, these funds may be used for
business opportunities related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $175,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Council on Credit and Finance, including the agenda for
each meeting, and require the Council on Credit and Finance
to record the decisions and actions of each meeting.
Sec. 103. In addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide partial or full
payments in advance and accept subsequent reimbursements from
all Federal agencies from available funds for transit benefit
distribution services that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order No. 13150 and section 3049 of Public
Law 109-59: Provided, That the Department shall maintain a
reasonable operating reserve in the Working Capital Fund, to
be expended in advance to provide uninterrupted transit
benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable
and may be used only for the purpose of providing for the
continuation of transit benefits: Provided further, That the
Working Capital Fund will be fully reimbursed by each
customer agency from available funds for the actual cost of
the transit benefit.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, the lease or purchase of passenger
motor vehicles for replacement only, in addition to amounts
made available by Public Law 112-95, $10,410,758,000, to
remain available until September 30, 2020, of which
$9,833,400,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,843,427,000 shall be
available for air traffic organization activities; not to
exceed $1,334,377,000 shall be available for aviation safety
activities; not to exceed $24,981,000 shall be available for
commercial space transportation activities; not to exceed
$816,562,000 shall be available for finance and management
activities; not to exceed $61,796,000 shall be available for
NextGen and operations planning activities; not to exceed
$114,312,000 shall be available for security and hazardous
materials safety; and not to exceed $215,303,000 shall be
available for staff offices: Provided, That not to exceed 5
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 5
percent: Provided further, That any transfer in excess of 5
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
[[Page S5183]]
not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $168,000,000
shall be used to fund direct operations of the current 254
air traffic control towers in the contract tower program,
including the contract tower cost share program, and any
airport that is currently qualified or that will qualify for
the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund: Provided
further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to
eliminate the Contract Weather Observers program at any
airport.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $3,000,000,000, of which $512,823,000 shall
remain available until September 30, 2020, $2,362,977,000
shall remain available until September 30, 2021, and
$124,200,000 shall remain available until expended:
Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other
public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no
later than March 31, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal
Aviation Administration which includes funding for each
budget line item for fiscal years 2020 through 2024, with
total funding for each year of the plan constrained to the
funding targets for those years as estimated and approved by
the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$191,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2021:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2019,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $112,600,000 shall be available for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $33,210,000 shall
be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title
49, United States Code, such program may include the
participation of an airport that serves a community or
consortium that is not larger than a small hub airport,
according to FAA hub classifications effective at the time
the Office of the Secretary issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation to make
grants for projects as authorized by subchapter 1 of chapter
471 and subchapter 1 of chapter 475 of title 49, United
States Code, $750,000,000, to remain available through
September 30, 2021: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such funds shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471: Provided further, That the
Secretary shall distribute funds provided under this heading
as discretionary grants to airports: Provided further, That
the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-
Aid for Airports program set forth in any Act: Provided
further, That the Administrator of the Federal Aviation
Administration may retain up to 0.5 percent of the funds
provided under this heading to fund the award and oversight
by the Administrator of grants made under this heading.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2019.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
Federal Aviation Administration for air traffic control
facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall
[[Page S5184]]
be credited to the appropriation current at the time of
collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available
for salaries and expenses of more than eight political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation
Administration provides to the House and Senate Committees on
Appropriations a report that justifies all fees related to
aeronautical navigation products and explains how such fees
are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation
Administration to withhold from consideration and approval
any new application for participation in the Contract Tower
Program, or for reevaluation of Cost-share Program
participants, as long as the Federal Aviation Administration
has received an application from the airport, and as long as
the Administrator determines such tower is eligible using the
factors set forth in the Federal Aviation Administration
report, Establishment and Discontinuance Criteria for Airport
Traffic Control Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law,
none of the funds made available in this Act may be obligated
or expended to limit the use of an Organization Designation
Authorization's (ODA) delegated functions documented in its
procedures manual on a type certification project unless the
Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or
oversight that the safety of air commerce requires a
limitation with regard to a specific authorization or where
an ODA's capability has not been previously established in
terms of a new compliance method or design feature:
Provided, That in such cases the Federal Aviation
Administration shall work with the ODA holder if requested to
develop the capability to execute that function safely,
efficiently and effectively.
Sec. 119E. (a) Terminal Aerodrome Forecast.--The
Administrator shall permit an air carrier operation under
part 121 of title 14, Code of Federal Regulations, to operate
to a destination determined to be under visual flight rules
without a Terminal Aerodrome Forecast or Meteorological
Aerodrome Report if a current Area Forecast, supplemented by
other local weather observations or reports, is available,
and an alternate airport that has an available Terminal
Aerodome Forecast and weather report is specified. The air
carrier shall have approved procedures for dispatch and
enroute weather evaluation and shall operate under instrument
flight rules enroute to the destination.
(b) Limitation.--Without a written finding of necessity,
based on objective and historical evidence of imminent threat
to safety, the Administrator shall not promulgate any
operation specification, policy, or guidance document that is
more restrictive than, or requires procedures that are not
expressly stated in, the regulations.
Sec. 119F. Of the funds provided under the heading
``Grants-in-aid for Airports'', up to $3,500,000 shall be for
necessary expenses, including an independent verification
regime, to provide reimbursement to airport sponsors that do
not provide gateway operations and providers of general
aviation ground support services located at those airports
closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified
to be secured by the United States Secret Service, and for
direct and incremental financial losses incurred while such
airports are closed solely due to the actions of the Federal
Government: Provided, That no funds shall be obligated or
distributed to airport sponsors that do not provide gateway
operations and providers of general aviation ground support
services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of
law, or through fault or negligence, of such operators and
service providers or of third parties (including airports)
are not eligible for reimbursements: Provided further, That
obligation and expenditure of funds are conditional upon full
release of the United States Government for all claims for
financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $446,444,304, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration. In addition, $3,248,000 shall be transferred
to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highway and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of the Fixing America's Surface Transportation
Act shall not exceed total obligations of $45,268,596,000 for
fiscal year 2019: Provided, That the Secretary may collect
and spend fees, as authorized by title 23, United States
Code, to cover the costs of services of expert firms,
including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of
Federal credit instruments and all or a portion of the costs
to the Federal Government of servicing such credit
instruments: Provided further, That such fees are available
until expended to pay for such costs: Provided further, That
such amounts are in addition to administrative expenses that
are also available for such purpose, and are not subject to
any obligation limitation or the limitation on administrative
expenses under section 608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highway and highway safety construction programs
authorized under title 23, United States Code,
$46,007,596,000 derived from the Highway Trust Fund (other
than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of
Transportation $3,300,000,000: Provided, That the amounts
made available under this heading shall be derived from the
general fund, shall be in addition to any funds provided for
fiscal year 2019 in this or any other Act for ``Federal-aid
Highways'' under chapter 1 of title 23, United States Code,
and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That section
1101(b) of Public Law 114-94 shall apply to funds made
available under this heading: Provided further, That of the
funds made available under this heading, $2,389,200,000 shall
be set aside for activities eligible under section
133(b)(1)(A) of title 23, United States Code, $15,800,000
shall be set aside for activities eligible under the Puerto
Rico Highway Program as described in section 165(b)(2)(C) of
such title, $5,000,000 shall be set aside for activities
eligible under the Territorial Highway Program, as described
in section 165(c)(6) of such title, $90,000,000 shall be set
aside for the elimination of hazards and installation of
protective devices at railway-highway crossings, as described
in section 130(e)(1)(A) of such title, and $800,000,000 shall
be set aside for a bridge replacement and rehabilitation
program for States: Provided further, That for purposes of
this heading, the term ``State'' means any of the 50 States
or the District of Columbia: Provided further, That the
funds made available under this heading for activities
eligible under section 133(b)(1)(A) of title 23, United
States Code, shall be suballocated in the manner described in
section 133(d) of such title, except that the set-aside
described in section 133(h) of such title shall not apply to
funds made available under this heading: Provided further,
That the funds made available under this heading for (1)
activities eligible under section 133(b)(1)(A) of such title
(2) the elimination of hazards and installation of protective
devices at railway-highway crossings, and (3) a bridge
replacement and rehabilitation program shall be administered
as if apportioned under chapter 1 of such title and shall
remain available through September 30, 2022: Provided
further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title
[[Page S5185]]
23, United States Code, shall be apportioned to the States in
the same ratio as the obligation limitation for fiscal year
2019 is distributed among the States in section 120(a)(5) of
this Act: Provided further, That, except as provided in the
following proviso, the funds made available under this
heading for activities eligible under the Puerto Rico Highway
Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections
165(b) and 165(c), respectively, of such title and shall
remain available through September 30, 2022: Provided
further, That the funds made available under this heading for
activities eligible under the Puerto Rico Highway Program
shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided
further, That the funds made available under this heading for
the elimination of hazards and installation of protective
devices at railway-highway crossings shall be apportioned to
the States as described in sections 130(f)(1) and (f)(2) of
such title: Provided further, That at least one-half of the
funds made available to a State under this heading for the
elimination of hazards and installation of protective devices
at railway-highway crossings shall be available for the
installation of protective devices at railway-highway
crossings: Provided further, That the funds made available
under this heading for the elimination of hazards and
installation of protective devices at railway-highway
crossings shall be subject to the special rule described in
section 130(e)(2) of such title: Provided further, That
projects carried out with funds made available under this
heading for the elimination of hazards and installation of
protective devices at railway-highway crossings shall be (1)
subject to sections 130(b), (c), and (j) of such title, (2)
included in the annual report described in section 130(g) of
such title, and (3) subject to the Federal share requirement
described in section 130(f)(3) of such title: Provided
further, That the funds made available under this heading for
the elimination of hazards and installation of protective
devices at railway-highway crossings shall be (1) available
for matching, as described in section 130(h) of such title,
subject to the requirements of such section, (2) available
for incentive payments, as described in section 130(i) of
such title, subject to the requirements of such section, and
(3) subject to the limitation in section 130(k) of such
title: Provided further, That the funds made available under
this heading for a bridge replacement and rehabilitation
program shall be used for highway bridge replacement or
rehabilitation projects on public roads: Provided further,
That except as provided in the following proviso the funds
made available under this heading for a bridge replacement
and rehabilitation program shall be used in areas of a State
that have a population of 200,000 or fewer individuals:
Provided further, That if a State has no bridges located in
areas with a population of 200,000 or fewer individuals, or
if a State has no bridge replacement or rehabilitation needs
in areas of the State with a population of 200,000 or fewer
individuals, the funds made available under this heading for
a bridge replacement and rehabilitation program may be used
for highway bridge replacement or rehabilitation projects on
public roads in any area of the State: Provided further,
That the Secretary shall distribute funds made available
under this heading for the bridge replacement and
rehabilitation program to each State by the proportion that
the percentage of total deck area of bridges classified as in
poor condition in each State bears to the sum of the
percentages of total deck area of bridges classified as in
poor condition in all States: Provided further, That for
purposes of this heading for the bridge replacement and
rehabilitation program, the Secretary shall (1) calculate
population based on the latest available data from the
decennial census conducted under section 141(a) of title 13,
United States Code, and (2) calculate the percentages of
total deck area of bridges classified as in poor condition
based on the National Bridge Inventory as of December 31,
2017.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2019, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highway and highway
safety construction programs for previous fiscal years the
funds for which are allocated by the Secretary (or
apportioned by the Secretary under sections 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highway and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Fixing America's Surface
Transportation Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code, (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2019, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface Transportation
Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
[[Page S5186]]
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highway and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds provided in this Act to the
Department of Transportation may be used to provide credit
assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and
604 of title 23, United States Code, the Secretary of
Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works
and the Committee on Banking, Housing and Urban Affairs of
the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided,
That such notification shall include, but not be limited to,
the name of the project sponsor; a description of the
project; whether credit assistance will be provided as a
direct loan, loan guarantee, or line of credit; and the
amount of credit assistance.
Sec. 124. None of the funds in this Act may be used to
make a grant for a project under section 117 of title 23,
United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written
notification to the House and Senate Committees on
Appropriations of the proposed grant, including an evaluation
and justification for the project and the amount of the
proposed grant award: Provided, That the written
notification required in the previous proviso shall be made
no later than 180 days after enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation: Provided, That the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and
administered by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of October 1 of the current fiscal year, and
shall be applied to projects within the same general
geographic area within 50 miles for which the funding was
designated, except that a State or territory may apply such
authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed
and for which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31110 of title
49, United States Code, as amended by the Fixing America's
Surface Transportation Act, $284,000,000, to be derived from
the Highway Trust Fund (other than the Mass Transit Account),
together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which
shall remain available until expended: Provided, That funds
available for implementation, execution or administration of
motor carrier safety operations and programs authorized under
title 49, United States Code, shall not exceed total
obligations of $284,000,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2019, of which
$9,073,000, to remain available for obligation until
September 30, 2021, is for the research and technology
program, and of which $34,824,000, to remain available for
obligation until September 30, 2021, is for information
management.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out
sections 31102, 31103, 31104, and 31313 of title 49, United
States Code, as amended by the Fixing America's Surface
Transportation Act, $382,800,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That funds
available for the implementation or execution of motor
carrier safety programs shall not exceed total obligations of
$382,800,000 in fiscal year 2019 for ``Motor Carrier Safety
Grants''; of which $304,300,000 shall be available for the
motor carrier safety assistance program, $32,500,000 shall be
available for the commercial driver's license program
implementation program, $44,000,000 shall be available for
the high priority activities program, and $2,000,000 shall be
made available for commercial motor vehicle operators grants,
of which $1,000,000 is to be made available from prior year
unobligated contract authority provided for Motor Carrier
Safety grants in the Transportation Equity Act for the 21st
Century (Public Law 105-178), SAFETEA-LU (Public Law 109-59),
or other appropriations or authorization acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall
be subject to the terms and conditions stipulated in section
350 of Public Law 107-87 and section 6901 of Public Law 110-
28.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery, which records the receipt of the notice by the
persons responsible for the violations.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $190,000,000, of which
$40,000,000 shall remain available through September 30,
2020.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, section 4011 of the FAST Act
(Public Law 114-94), and chapter 303 of title 49, United
States Code, $152,100,000, to be derived from the Highway
Trust Fund (other than the Mass Transit Account) and to
remain available until expended: Provided, That none of the
funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in
fiscal year 2019, are in excess of $152,100,000, of which
$146,700,000 shall be for programs authorized under 23 U.S.C.
403 and $5,400,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $152,100,000 obligation
limitation for operations and research, $20,000,000 shall
remain
[[Page S5187]]
available until September 30, 2020, and shall be in addition
to the amount of any limitation imposed on obligations for
future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 404, and 405, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act, to remain available until expended, $610,208,000, to be
derived from the Highway Trust Fund (other than the Mass
Transit Account): Provided, That none of the funds in this
Act shall be available for the planning or execution of
programs the total obligations for which, in fiscal year
2019, are in excess of $610,208,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of
the Fixing America's Surface Transportation Act, of which
$270,400,000 shall be for ``Highway Safety Programs'' under
23 U.S.C. 402; $283,000,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $30,200,000 shall be
for ``High Visibility Enforcement Program'' under 23 U.S.C.
404; and $26,608,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under 23 U.S.C. 405(a)(8), any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23
U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. In addition to the amounts made available under
the heading, ``Operations and Research (Liquidation of
Contract Authorization) (Limitation on Obligations) (Highway
Trust Fund)'' for carrying out the provisions of section 403
of title 23, United States Code, $4,000,000 shall be
available to continue a high visibility enforcement paid-
media campaign regarding highway-rail grade crossing safety
in collaboration with the Federal Railroad Administration.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $221,698,000, of
which $15,900,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority shall exist as long as any such direct loan or loan
guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section
24911 of title 49, United States Code, $300,000,000, to
remain available until expended: Provided, That the
Secretary may withhold up to one percent of the amount
provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24911 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses funds provided under this
heading in this Act and previously unawarded funds provided
under this heading in fiscal year 2017 by Public Law 115-31
and fiscal year 2018 by Public Law 115-141, no later than 30
days after enactment of this Act: Provided further, That the
Secretary shall announce the selection of projects to receive
awards for the funds in the previous proviso no later than
180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail
Infrastructure and Safety Improvements Grants, as authorized
by section 24407 of title 49, United States Code,
$255,000,000, to remain available until expended: Provided,
That section 24405(f) of title 49, United States Code, shall
not apply to projects for the implementation of positive
train control systems otherwise eligible under section
24407(c)(1) of title 49, United States Code: Provided
further, That amounts available under this heading for
projects selected for commuter rail passenger transportation
may be transferred by the Secretary, after selection, to the
appropriate agencies to be administered in accordance with
chapter 53 of title 49, United States Code: Provided
further, That the Secretary shall not limit eligible projects
from consideration for funding for planning, engineering,
environmental, construction, and design elements of the same
project in the same application: Provided further, That
unobligated balances remaining after 4 years from the date of
enactment may be used for any eligible project under section
24407(c) of title 49, United States Code: Provided further,
That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and
project management oversight of grants carried out under
section 24407 of title 49, United States Code: Provided
further, That the Secretary shall issue the Notice of Funding
Opportunity that encompasses previously unawarded funds
provided under this heading in fiscal year 2018 by Public Law
115-141 and funds provided under this heading in this Act no
later than 30 days after enactment of this Act: Provided
further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous
proviso no later than 120 days after enactment of this Act.
restoration and enhancement
For necessary expenses related to Restoration and
Enhancement Grants, as authorized by section 24408 of title
49, United States Code, $10,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to one percent of the funds provided under this heading to
fund the costs of award and project management and oversight:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity for funds provided under this heading
no later than 30 days after enactment of this Act: Provided
further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous
proviso no later than 120 days after enactment of this Act.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the Northeast Corridor as authorized by
section 11101(a) of the Fixing America's Surface
Transportation Act (division A of Public Law 114-94),
$650,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one-half of 1 percent of
the funds provided under both this heading and the ``National
Network Grants to the National Railroad Passenger
Corporation'' heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized
under section 11101(c) of division A of Public Law 114-94,
the Secretary may retain up to an additional $5,000,000 of
the funds provided under this heading to fund expenses
associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code:
Provided further, That of the amounts made available under
this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading, not less
than $50,000,000 shall be made available to bring Amtrak-
served facilities and stations into compliance with the
Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities
associated with the National Network as authorized by section
11101(b) of the Fixing America's Surface Transportation Act
(division A of Public Law 114-94), $1,291,600,000, to remain
available until expended: Provided, That the Secretary may
retain up to an additional $2,000,000 of the funds provided
under this heading to fund expenses associated with the
State-Supported Route Committee established under section
24712 of title 49, United States Code: Provided further,
That at least $50,000,000 of the amount provided under this
heading shall be available for the development, installation
and operation of railroad safety technology, including the
implementation of a positive train control system, on State-
supported routes as defined under section 24102(13) of title
49, United States Code, on which positive train control
systems are not required by law or regulation.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for
[[Page S5188]]
specific employees when the President of Amtrak determines
such a cap poses a risk to the safety and operational
efficiency of the system: Provided further, That the
President of Amtrak shall report to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act, a summary of all overtime payments incurred by the
Corporation for 2018 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2018 and for the three
prior calendar years.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $113,165,000: Provided, That
none of the funds provided or limited in this Act may be used
to create a permanent office of transit security under this
heading: Provided further, That upon submission to the
Congress of the fiscal year 2020 President's budget, the
Secretary of Transportation shall transmit to Congress the
annual report on New Starts, including proposed allocations
for fiscal year 2020.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314,
5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as amended by
the Fixing America's Surface Transportation Act, section
20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $9,900,000,000,
to be derived from the Mass Transit Account of the Highway
Trust Fund and to remain available until expended: Provided,
That funds available for the implementation or execution of
programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311,
5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as
amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b)
of the Fixing America's Surface Transportation Act, shall not
exceed total obligations of $9,939,380,030 in fiscal year
2019: Provided further, That the Federal share of the cost
of activities carried out under 49 U.S.C. section 5312 shall
not exceed 80 percent, except that if there is substantial
public interest or benefit, the Secretary may approve a
greater Federal share.
transit infrastructure grants
For an additional amount for buses and bus facilities
grants under section 5339 of title 49, United States Code,
state of good repair grants under section 5337 of such title,
high density state apportionments under section 5340(d) of
such title, and the bus testing facilities under sections
5312 and 5318 of such title, $800,000,000 to remain available
until expended: Provided, That $400,000,000 shall be
available for grants as authorized under section 5339 of such
title, of which $209,104,000 shall be available for the buses
and bus facilities formula grants as authorized under section
5339(a) of such title, $161,446,000 shall be available for
the buses and bus facilities competitive grants as authorized
under section 5339(b) of such title, and $29,450,000 shall be
available for the low or no emission grants as authorized
under section 5339(c) of such title: Provided further, That
$362,000,000 shall be available for the state of good repair
grants as authorized under section 5337 of such title:
Provided further, That $30,000,000 shall be available for the
high density state apportionments as authorized under section
5340(d) of such title: Provided further, That $2,000,000
shall be available for the bus testing facility as authorized
under section 5318 of such title: Provided further, That
notwithstanding section 5318(a) of such title, $6,000,000
shall be available for the operation and maintenance of bus
testing facilities by institutions of higher education
selected pursuant to section 5312(h) of such title: Provided
further, That the Secretary shall enter into a contract or
cooperative agreement with, or make a grant to, each
institution of higher education selected pursuant to section
5312(h) of such title, to operate and maintain a facility to
conduct the testing of low or no emission vehicle new bus
models using the standards established pursuant to section
5318(e)(2) of such title: Provided further, That the term
``low or no emission vehicle'' has the meaning given the term
in section 5312(e)(6) of such title: Provided further, That
the Secretary shall pay 80 percent of the cost of testing a
low or no emission vehicle new bus model at each selected
institution of higher education: Provided further, That the
entity having the vehicle tested shall pay 20 percent of the
cost of testing: Provided further, That a low or no emission
vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards
established under section 5318(e)(2) of such title, shall be
deemed to be in compliance with the requirements of section
5318(e) of such title: Provided further, That amounts made
available by this heading shall be derived from the general
fund: Provided further, That the amounts made available
under this heading shall not be subject to any limitation on
obligations for transit programs set forth in any Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314,
$5,000,000, of which up to $1,500,000 shall be for a
cooperative agreement through which the Federal Transit
Administration assists small-urban, rural and tribal public
transit recipients and planning organizations with applied
innovation and capacity-building: Provided, That the
assistance provided under this heading not duplicate the
activities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United
States Code, and section 3005(b) of the Fixing America's
Surface Transportation Act, $2,552,687,000, to remain
available until September 30, 2022: Provided, That of the
amounts made available under this heading, $1,315,670,000
shall be available for projects authorized under section
5309(d) of title 49, United States Code, $543,500,000 shall
be available for projects authorized under section 5309(e) of
title 49, United States Code, $568,000,000 shall be available
for projects authorized under section 5309(h) of title 49,
United States Code, and $100,000,000 shall be available for
projects authorized under section 3005(b) of the Fixing
America's Surface Transportation Act: Provided further, That
the Secretary shall continue to administer the capital
investment grants program in accordance with the procedural
and substantive requirements of section 5309 of title 49,
United States Code, and of section 3005(b) of the Fixing
America's Surface Transportation Act.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That the Secretary
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those
investments that will improve the safety of the system before
approving such grants: Provided further, That the Secretary,
in order to ensure safety throughout the rail system, may
waive the requirements of section 601(e)(1) of division B of
Public Law 110-432.
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2018, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 162. Of the unobligated amounts made available for
fiscal years 2005 or prior fiscal years to ``Transit Formula
Grants'', a total of $46,560,000 is hereby permanently
rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and
commitments without regard to fiscal year limitations, as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities on those
portions of the Saint Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $36,000,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this
heading, not less than $16,000,000 shall be used on capital
asset renewal activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $300,000,000, to remain available until
expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training
activities authorized by law,
[[Page S5189]]
$149,442,000, to remain available until September 30, 2020,
of which $71,000,000 shall be for the operations of the
United States Merchant Marine Academy, and of which
$18,000,000 shall remain available until expended for the
maintenance and repair, equipment, and capital improvements
at the United States Merchant Marine Academy: Provided, That
not later than January 12, 2020, the Administrator of the
Maritime Administration shall transmit to the House and
Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States
Merchant Marine Academy as required pursuant to section 3507
of Public Law 110-417: Provided further, That of the amounts
made available under this heading, $3,000,000 shall be for
the Maritime Environment and Technology Assistance program
authorized under section 50307 of title 46, United States
Code: Provided further, That of the amounts made available
under this heading, $7,000,000, shall remain available until
expended for the Short Sea Transportation Program (America's
Marine Highways) to make grants for the purposes authorized
under sections 55601(b)(1) and (3) of title 46, United States
Code: Provided further, That available balances under this
heading for the Short Sea Transportation Program (America's
Marine Highways) from prior year recoveries shall be
available to carry out activities authorized under sections
55601(b)(1) and (3) of title 46, United States Code:
Provided further, That from funds provided under the previous
two provisos, the Secretary of Transportation shall make
grants no later than 180 days after enactment of this Act in
such amounts as the Secretary determines: Provided further,
That any unobligated balances available from previous
appropriations for programs and activities supporting State
Maritime Academies shall be transferred to and merged with
the appropriations for ``Maritime Administration, State
Maritime Academy Operations'' and shall be made available for
the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $340,200,000, of
which $30,000,000, to remain available until expended, shall
be for maintenance, repair, life extension, and capacity
improvement of National Defense Reserve Fleet training ships
in support of State Maritime Academies, as well as other
expenses related to training mariners, as determined by the
Secretary, of which $300,000,000, to remain available until
expended shall be for the National Security Multi-Mission
Vessel Program, including funds for construction, planning,
administration, and design of school ships, of which
$2,400,000 shall remain available through September 30, 2020,
for the Student Incentive Program, of which $1,800,000 shall
remain available until expended for training ship fuel
assistance, and of which $6,000,000 shall remain available
until September 30, 2020, for direct payments for State
Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $20,000,000, to remain available until
expended.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $5,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed
loan program, $3,000,000, which shall be transferred to and
merged with the appropriations for ``Operations and
Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and
services and make necessary repairs in connection with any
lease, contract, or occupancy involving Government property
under control of the Maritime Administration: Provided, That
payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain
available until expended: Provided further, That rental
payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall
be covered into the Treasury as miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $23,710,000:
Provided, That the Secretary of Transportation shall issue a
final rule to expand the applicability of comprehensive oil
spill response plans within 45 days of enactment of this Act:
Provided further, That the amounts appropriated under this
heading shall be reduced by $100,000 per day for each day
that such rule has not been issued following the expiration
of the period set forth in the previous proviso.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $58,000,000, of which $7,570,000 shall
remain available until September 30, 2021: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to remain available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in the
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $165,000,000, to remain available
until September 30, 2021, of which $23,000,000 shall be
derived from the Oil Spill Liability Trust Fund; of which
$134,000,000 shall be derived from the Pipeline Safety Fund;
and of which $8,000,000 shall be derived from fees collected
under 49 U.S.C. 60302 and deposited in the Underground
Natural Gas Storage Facility Safety Account for the purpose
of carrying out 49 U.S.C. 60141: Provided, That not less
than $1,058,000 of the funds provided under this heading
shall be for the one-call state grant program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall remain available
until September 30, 2021, from amounts made available by 49
U.S.C. 5116(h), 5128(b), and 5128(c): Provided, That
notwithstanding 49 U.S.C. 5116(h)(4), not more than 4 percent
of the amounts made available from this account shall be
available to pay administrative costs: Provided further,
That none of the funds made available by 49 U.S.C. 5116(h),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or
his or her designee.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $92,600,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
(b) During the current fiscal year, applicable
appropriations to the Department and its operating
administrations shall be available for the purchase,
maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be
deemed authorized.
Sec. 181. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a
State is in noncompliance with this provision.
Sec. 183. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 184. Funds received by the Federal Highway
Administration and Federal Railroad Administration from
States, counties,
[[Page S5190]]
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account and to the Federal Railroad
Administration's ``Safety and Operations'' account, except
for State rail safety inspectors participating in training
pursuant to 49 U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the
Secretary of Transportation notifies the House and Senate
Committees on Appropriations not less than 3 full business
days before any project competitively selected to receive any
discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
(b) In addition to the notification required in subsection
(a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, cooperative agreement or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before
such announcement: Provided, That the requirement to provide
a list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered
pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 U.S.C. or title 23 U.S.C. utilizing
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a contract or
construction project with which the Department of
Transportation is assisting, only if the grant recipient
certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2019''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,898,000: Provided,
That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $556,000,000, of which $76,600,000 shall be
available for the Office of the Chief Financial Officer, (and
of which $25,000,000, to remain available until September 30,
2021, shall be for the financial transformation initiative);
$98,000,000 shall be available for the Office of the General
Counsel, of which not less than $15,000,000 shall be for the
Departmental Enforcement Center; $213,300,000 shall be
available for the Office of Administration; $40,200,000 shall
be available for the Office of the Chief Human Capital
Officer; $54,000,000 shall be available for the Office of
Field Policy and Management; $20,000,000 shall be available
for the Office of the Chief Procurement Officer; $3,600,000
shall be available for the Office of Departmental Equal
Employment Opportunity; $4,300,000 shall be available for the
Office of Business Transformation; and $46,00,000 shall be
available for the Office of the Chief Information Officer:
Provided, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
directly support program activities funded in this title:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional
reports: Provided further, That the Secretary shall provide
in electronic form all signed reports required by Congress:
Provided further, That not more than 10 percent of the funds
made available under this heading for the Office of Chief
Financial Officer for the financial transformation initiative
may be obligated until the Secretary submits to the House and
Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be
realized, key milestones to be met, and the relationship
between the proposed use of funds made available under this
heading and the projected total cost and scope of the
initiative.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $222,000,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $110,000,000.
[[Page S5191]]
housing
For necessary salaries and expenses of the Office of
Housing, $390,000,000, of which not less than $12,500,000
shall be for the Office of Recapitalization.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $26,000,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $71,500,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $7,800,000.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C.
3535(f)), amounts transferred, including reimbursements
pursuant to section 7(f), to the Fund under this heading
shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion
of any office or agency's printing, records management, space
renovation, furniture, or supply services as the Secretary
determines shall be derived from centralized sources made
available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the
headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and
``Government National Mortgage Association'', the Secretary
shall transfer to the Fund such amounts, to remain available
until expended, as are necessary to fund services, specified
in the matter preceding the first proviso, for which the
appropriation would otherwise have been available, and may
transfer not to exceed an additional $5,000,000, in
aggregate, from all such appropriations, to be merged with
the Fund and to remain available until expended for any
purpose under this heading: Provided further, That amounts
in the Fund shall be the only amounts available to each
office or agency of the Department for the services, or
portion of services, specified in the matter preceding the
first proviso: Provided further, That with respect to the
Fund, the authorities and conditions under this heading shall
supplement the authorities and conditions provided under
section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$18,780,987,000, to remain available until expended, shall be
available on October 1, 2018 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2018), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2019: Provided, That the amounts
made available under this heading are provided as follows:
(1) $20,520,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2019 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection and Choice
Neighborhoods vouchers: Provided further, That none of the
funds provided under this paragraph may be used to fund a
total number of unit months under lease which exceeds a
public housing agency's authorized level of units under
contract, except for public housing agencies participating in
the MTW demonstration, which are instead governed by the
terms and conditions of their MTW agreements: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph (except
as otherwise modified under this paragraph), prorate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount
specified under this paragraph (except as otherwise modified
under this paragraph) shall be obligated to the public
housing agencies based on the allocation and pro rata method
described above, and the Secretary shall notify public
housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2019: Provided
further, That the Secretary may extend the notification
period with the prior written approval of the House and
Senate Committees on Appropriations: Provided further, That
public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2019 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD-held programmatic reserves (in accordance with
VMS data in calendar year 2018 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2019 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $100,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for vouchers
that were not in use during the previous 12-month period in
order to be available to meet a commitment pursuant to
section 8(o)(13) of the Act; (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers; and (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $85,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided,
That when a public housing development is submitted for
demolition or disposition under section 18 of the Act, the
Secretary may provide section 8 rental assistance when the
units pose an imminent health and safety risk to residents:
Provided further, That the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of
the Secretary prior to loan prepayment; (B) the expiration of
a rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the
previous proviso may be provided under the authority of
section 8(t) or section 8(o)(13) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That the
Secretary shall issue guidance to implement the previous
provisos, including, but not limited to, requirements for
defining eligible at-risk households within 60 days of the
enactment of this Act: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary may
provide section 8 rental assistance from amounts made
available under this paragraph for units assisted under a
project-based subsidy contract funded under the ``Project-
Based Rental Assistance'' heading under this title where the
owner has
[[Page S5192]]
received a Notice of Default and the units pose an imminent
health and safety risk to residents: Provided further, That
to the extent that the Secretary determines that such units
are not feasible for continued rental assistance payments or
transfer of the subsidy contract associated with such units
to another project or projects and owner or owners, any
remaining amounts associated with such units under such
contract shall be recaptured and used to reimburse amounts
used under this paragraph for rental assistance under the
preceding proviso;
(3) $1,956,987,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
HUD-VASH vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,926,987,000 of the
amount provided in this paragraph shall be allocated to
public housing agencies for the calendar year 2019 funding
cycle based on section 8(q) of the Act (and related
Appropriation Act provisions) as in effect immediately before
the enactment of the Quality Housing and Work Responsibility
Act of 1998 (Public Law 105-276): Provided further, That if
the amounts made available under this paragraph are
insufficient to pay the amounts determined under the previous
proviso, the Secretary may decrease the amounts allocated to
agencies by a uniform percentage applicable to all agencies
receiving funding under this paragraph or may, to the extent
necessary to provide full payment of amounts determined under
the previous proviso, utilize unobligated balances, including
recaptures and carryovers, remaining from funds appropriated
to the Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $154,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
under this paragraph, shall be available for incremental
tenant-based assistance contracts under such section 811,
including necessary administrative expenses;
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available
for renewal grants to recipients that received assistance
under prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients:
Provided further, That such assistance shall be administered
in accordance with program requirements under the Native
American Housing Assistance and Self-Determination Act of
1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment),
upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective
delivery and administration of such assistance: Provided
further, That grant recipients shall report to the Secretary
on utilization of such rental assistance and other program
data, as prescribed by the Secretary: Provided further, That
the Secretary may reallocate, as determined by the Secretary,
amounts returned or recaptured from awards under prior acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 203 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(7) $20,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program; and
(8) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2019 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$2,775,000,000, to remain available until September 30, 2022:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2019, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $14,000,000
shall be to support ongoing public housing financial and
physical assessment activities: Provided further, That up to
$1,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$25,000,000 shall be available for the Secretary to make
grants, notwithstanding section 203 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2019:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for
safety and security measures: Provided further, That in
addition to the amount in the previous proviso for such
safety and security measures, any amounts that remain
available, after all applications received on or before
September 30, 2020, for emergency capital needs have been
processed, shall be allocated to public housing
[[Page S5193]]
agencies for such safety and security measures: Provided
further, That of the total amount provided under this
heading, up to $35,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by
section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of
1996 (25 U.S.C. 4101 et seq.): Provided further, That of the
total amount made available under this heading, $15,000,000
shall be for a Jobs-Plus initiative modeled after the Jobs-
Plus demonstration: Provided further, That funding provided
under the previous proviso shall be available for competitive
grants to partnerships between public housing authorities,
local workforce investment boards established under section
107 of the Workforce Innovation and Opportunity Act of 2014
(29 U.S.C. 3122), and other agencies and organizations that
provide support to help public housing residents obtain
employment and increase earnings: Provided further, That
applicants must demonstrate the ability to provide services
to residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under
sections 3 and 6 of the United States Housing Act of 1937 (42
U.S.C. 1437a and 1437d), as necessary to implement the Jobs-
Plus program, on such terms and conditions as the Secretary
may approve upon a finding by the Secretary that any such
waivers or alternative requirements are necessary for the
effective implementation of the Jobs-Plus initiative as a
voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of
such notice: Provided further, That for funds provided under
this heading, the limitation in section 9(g)(1) of the Act
shall be 25 percent: Provided further, That the Secretary
may waive the limitation in the previous proviso to allow
public housing agencies to fund activities authorized under
section 9(e)(1)(C) of the Act: Provided further, That the
Secretary shall notify public housing agencies requesting
waivers under the previous proviso if the request is approved
or denied within 14 days of submitting the request: Provided
further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal
year 2019 to public housing agencies that are designated high
performers: Provided further, That the Department shall
notify public housing agencies of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading,
$25,000,000 shall be available for competitive grants to
public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the
activities of risk assessments, abatement, and interim
controls (as those terms are defined in section 1004 of the
Residential Lead-Based Paint Hazard Reduction Act of 1992 (42
U.S.C. 4851b)): Provided further, That for purposes of
environmental review, a grant under the previous proviso
shall be considered funds for projects or activities under
title I of the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) for purposes of section 26 of such Act (42
U.S.C. 1437x) and shall be subject to the regulations
implementing such section.
public housing operating fund
For 2019 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,756,000,000, to remain available until
September 30, 2020.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $100,000,000, to
remain available until September 30, 2021: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may
include local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $50,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community:
Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the
heading ``Revitalization of Severely Distressed Public
Housing (HOPE VI)'' in fiscal year 2011 and prior fiscal
years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That the Secretary shall
issue the Notice of Funding Availability for funds made
available under this heading no later than 60 days after
enactment of this Act: Provided further, That the Secretary
shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary
determines: Provided further, That notwithstanding section
24(o) of the United States Housing Act of 1937 (42 U.S.C.
1437v(o)), the Secretary may, until September 30, 2019,
obligate any available unobligated balances made available
under this heading in this, or any prior Act.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $80,000,000, to remain
available until September 30, 2020: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under subsections b(3), b(4), b(5),
or c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $655,000,000, to remain available until
September 30, 2023: Provided, That, notwithstanding NAHASDA,
to determine the amount of the allocation under title I of
such Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That of
the amounts made available under this heading, $7,000,000
shall be for providing training and technical assistance to
Indian housing authorities and tribally designated housing
entities, to support the inspection of Indian housing units,
contract expertise, and for training and technical assistance
related to funding provided under this heading and other
headings under this Act for the needs of Native American
families and Indian country: Provided further, That amounts
made available under the previous proviso may be used,
contracted, or competed as determined by the Secretary:
Provided further, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,761,989: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act: Provided further, That
for an additional amount for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA,
$100,000,000 to remain available until September 30, 2023:
Provided further, That the Secretary shall obligate this
additional amount for competitive grants to eligible
recipients authorized
[[Page S5194]]
under NAHASDA that apply for funds: Provided further, That
in awarding this additional amount, the Secretary shall
consider need and administrative capacity, and shall give
priority to projects that will spur construction and
rehabilitation: Provided further, That up to 1 percent of
this additional amount may be transferred, in aggregate, to
``Program Office Salaries and Expenses--Public and Indian
Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of this additional amount:
Provided further, That any funds transferred pursuant to the
previous proviso shall remain available until September 30,
2024.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $1,440,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $553,846,154, to
remain available until expended: Provided further, That up
to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry
out the loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), $2,000,000, to remain available until September 30,
2023: Provided, That notwithstanding section 812(b) of such
Act, the Department of Hawaiian Home Lands may not invest
grant amounts provided under this heading in investment
securities and other obligations: Provided further, That
amounts made available under this heading in this and prior
fiscal years may be used to provide rental assistance to
eligible Native Hawaiian families both on and off the
Hawaiian Home Lands, notwithstanding any other provision of
law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $375,000,000, to remain
available until September 30, 2020, except that amounts
allocated pursuant to section 854(c)(5) of such Act shall
remain available until September 30, 2021: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(5) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $3,365,000,000, to remain
available until September 30, 2021, unless otherwise
specified: Provided, That of the total amount provided,
$3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and
Community Development Act of 1974, as amended (``the Act''
herein) (42 U.S.C. 5301 et seq.): Provided further, That
unless explicitly provided for under this heading, not to
exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and
management development and administration: Provided further,
That a metropolitan city, urban county, unit of general local
government, Indian tribe, or insular area that directly or
indirectly receives funds under this heading may not sell,
trade, or otherwise transfer all or any portion of such funds
to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such
funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of
the Act, no funds provided under this heading may be provided
to a for-profit entity for an economic development project
under section 105(a)(17) unless such project has been
evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the
Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading,
$65,000,000 shall be for grants to Indian tribes
notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section
203 of this Act), up to $4,000,000 may be used for
emergencies that constitute imminent threats to health and
safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2019, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for
guaranteeing such loans, and any such fees shall be collected
in accordance with section 502(7) of the Congressional Budget
Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,362,000,000, to remain available
until September 30, 2022: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the Department shall notify grantees
of their formula allocation within 60 days of enactment of
this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$54,000,000, to remain available until September 30, 2021:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996,
as amended: Provided further, That of the total amount
provided under this heading, $35,000,000 shall be made
available for the second, third, and fourth capacity building
activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not
less than $5,000,000 shall be made available for rural
capacity building activities: Provided further, That of the
total amount provided under this heading, $5,000,000 shall be
made available for capacity building by national rural
housing organizations with experience assessing national
rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits,
local governments, and Indian Tribes serving high need rural
communities: Provided further, That of the total amount
provided under this heading, $4,000,000, shall be made
available for a program to rehabilitate and modify the homes
of disabled or low-income veterans, as authorized under
section 1079 of Public Law 113-291: Provided further, That
funds provided under the previous proviso shall be awarded
within 180 days of enactment of this Act: Provided further,
That funds provided for such program in fiscal years 2016,
2017, and 2018 shall be awarded within 60 days of enactment
of this Act.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the Continuum of Care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,612,000,000, to
remain available until September 30, 2021: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $270,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $2,205,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That of the amounts made
available under this heading, up to $50,000,000 shall be made
available for grants for rapid re-housing projects and
supportive service projects providing coordinated entry, and
for eligible activities the Secretary determines to be
critical in order to assist survivors of domestic violence,
dating violence, and stalking: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That up to
$7,000,000 of the funds appropriated under this heading shall
be available for the national homeless data analysis project:
Provided further, That all funds awarded for supportive
services under the Continuum of Care program and the Rural
Housing Stability Assistance program shall be matched by not
less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable
to funds made available under this heading for this fiscal
year and prior fiscal years, a grantee may use (or could have
used) as a source of match funds other funds administered by
the Secretary and other Federal agencies unless there is (or
was) a specific statutory prohibition on any such use of any
such funds: Provided further, That the Secretary shall
collect system performance measures for each continuum of
care, and that relative to fiscal year 2015, under the
Continuum of Care competition with respect to funds made
available under this heading, the Secretary shall base an
increasing share of the score on performance criteria:
Provided further, That none of the
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funds provided under this heading shall be available to
provide funding for new projects, except for projects created
through reallocation, unless the Secretary determines that
the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they
improve the continuum of care's system performance: Provided
further, That the Secretary shall prioritize funding under
the Continuum of Care program to continuums of care that have
demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided
further, That all awards of assistance under this heading
shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and
employment programs for which homeless populations may be
eligible: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in
fiscal year 2012 and prior years for project-based rental
assistance for rehabilitation projects with 10-year grant
terms may be used for purposes under this heading,
notwithstanding the purposes for which such funds were
appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter
Plus Care Renewal account and transferred to this account
shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2019: Provided further, That the
Department shall notify grantees of their formula allocation
from amounts allocated (which may represent initial or final
amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further,
That up to $80,000,000 of the funds appropriated under this
heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and
under, in up to 25 communities, including at least five
communities with substantial rural populations, can
dramatically reduce youth homelessness: Provided further,
That of the amount made available under the previous proviso,
up to $5,000,000 shall be available to provide technical
assistance on youth homelessness, and collection, analysis,
and reporting of data and performance measures under the
comprehensive approaches to serve homeless youth, in addition
to and in coordination with other technical assistance funds
provided under this title: Provided further, That such
projects shall be eligible for renewal under the continuum of
care program subject to the same terms and conditions as
other renewal applicants: Provided further, That youth aged
24 and under seeking assistance under this heading shall not
be required to provide third party documentation to establish
their eligibility under 42 U.S.C. 11302(a) or (b) to receive
services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24 and under who
are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $11,347,000,000, to remain available until
expended, shall be available on October 1, 2018 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2018), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2019: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $245,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract
administrators for the administration of: interest reduction
payments pursuant to section 236(a) of the National Housing
Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant
to section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental
assistance contracts for supportive housing for persons with
disabilities under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2));
project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667);
and loans under section 202 of the Housing Act of 1959
(Public Law 86-372; 73 Stat. 667): Provided further, That
amounts recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary, project funds that
are held in residual receipts accounts for any project
subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance
Agency to require that surplus project funds be deposited in
an interest-bearing residual receipts account and that are in
excess of an amount to be determined by the Secretary, shall
be remitted to the Department and deposited in this account,
to be available until expended: Provided further, That
amounts deposited pursuant to the previous proviso shall be
available in addition to the amount otherwise provided by
this heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital
advance contracts, for housing for the elderly, as authorized
by section 202 of the Housing Act of 1959, as amended, for
project rental assistance for the elderly under section
202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for senior preservation
rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and
Economic Opportunity Act of 2000, as amended, and for
supportive services associated with the housing,
$678,000,000, to remain available until September 30, 2022:
Provided, That of the amount provided under this heading, up
to $90,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for
residents of assisted housing projects: Provided further,
That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of
section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project
funds which are held in residual receipts accounts for any
project subject to a section 202 project rental assistance
contract and, upon termination of such contract, are in
excess of an amount to be determined by the Secretary shall
be remitted to the Department and deposited in this account,
to remain available until September 30, 2022: Provided
further, That amounts deposited in this account pursuant to
the previous proviso shall be available, in addition to the
amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds
transferred to or appropriated under this heading shall be
available for amendments and renewals notwithstanding the
purposes for which such funds originally were appropriated:
Provided further, That of the total amount provided under
this heading, $10,000,000, shall be for a program to be
established by the Secretary to make grants to experienced
non-profit organizations, States, local governments, or
public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly
persons to enable them to remain in their primary residence:
Provided further, That of the total amount made available
under the previous proviso, no less than $5,000,000 shall be
available to meet such needs in communities with substantial
rural populations.
housing for persons with disabilities
For amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental
assistance for supportive housing for persons with
disabilities under section 811(d)(2) of such Act, for project
assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667),
including amendments to contracts for such assistance and
renewal of expiring contracts for such assistance for up to a
1-year term, for project rental assistance to State housing
finance agencies and other appropriate entities as authorized
under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the
housing for persons with disabilities as authorized by
section 811(b)(1) of such Act, $154,000,000, to remain
available until September 30, 2022: Provided, That amounts
made available under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, upon the request of the Secretary, project
funds which are held in residual receipts accounts for any
project subject to a section 811 project rental assistance
contract and, upon termination of such contract, are in
excess of an amount to be determined by the Secretary shall
be remitted to the Department and deposited in this account,
to remain available until September
[[Page S5196]]
30, 2022: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available
in addition to the amounts otherwise provided by this heading
for amendments and renewals: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading shall be used for amendments and renewals
notwithstanding the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $45,000,000, to
remain available until September 30, 2020, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management or literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements, as
appropriate, subject to the availability of annual
appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$5,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $12,000,000, to remain
available until expended, of which $12,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2019 so as to result in a
final fiscal year 2019 appropriation from the general fund
estimated at zero, and fees pursuant to section 620 of such
Act shall be modified as necessary to ensure such a final
fiscal year 2019 appropriation: Provided further, That for
the dispute resolution and installation programs, the
Secretary may assess and collect fees from any program
participant: Provided further, That such collections shall
be deposited into the Fund, and the Secretary, as provided
herein, may use such collections, as well as fees collected
under section 620 of such Act, for necessary expenses of such
Act: Provided further, That, notwithstanding the
requirements of section 620 of such Act, the Secretary may
carry out responsibilities of the Secretary under such Act
through the use of approved service providers that are paid
directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2020: Provided, That during fiscal year 2019, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$1,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2020: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2019, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000: Provided further, That
notwithstanding the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-
20(g)), during fiscal year 2019 the Secretary may insure and
enter into new commitments to insure mortgages under section
255 of the National Housing Act only to the extent that the
net credit subsidy cost for such insurance does not exceed
zero: Provided further, That for fiscal year 2019, the
Secretary shall not take any action against a lender solely
on the basis of compare ratios that have been adversely
affected by defaults on mortgages secured by properties in
areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2020: Provided, That
during fiscal year 2019, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $1,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$550,000,000,000, to remain available until September 30,
2020: Provided, That $27,000,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2019, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for
technical assistance, $100,000,000, to remain available until
September 30, 2020: Provided, That with respect to amounts
made available under this heading, notwithstanding section
203 of this title, the Secretary may enter into cooperative
agreements with philanthropic entities, other Federal
agencies, State or local governments and their agencies, or
colleges or universities for research projects: Provided
further, That with respect to the previous proviso, such
partners to the cooperative agreements must contribute at
least a 50 percent match toward the cost of the project:
Provided further, That for non-competitive agreements entered
into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and
Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note)
in lieu of compliance with section 102(a)(4)(C) with respect
to documentation of award decisions: Provided further, That
prior to obligation of technical assistance funding, the
Secretary shall submit a plan, for approval, to the House and
Senate Committees on Appropriations on how it will allocate
funding for this activity: Provided further, That none of
the funds provided under this heading may be available for
the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2020: Provided, That
notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to provide such training:
Provided further, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant, or loan: Provided further, That of
the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban
Development for the creation and promotion of translated
materials and
[[Page S5197]]
other programs that support the assistance of persons with
limited English proficiency in utilizing the services
provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $260,000,000, to remain available
until September 30, 2020, of which $45,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970, which
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That not less than $95,000,000 of
the amounts made available under this heading for the award
of grants pursuant to section 1011 of the Residential Lead-
Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs:
Provided further, That $45,000,000 of the funds appropriated
under this heading shall be for the implementation of
projects to demonstrate how intensive, extended multi-year
interventions can dramatically reduce the presence of lead-
based paint hazards in communities containing high
concentrations of both pre-1940 housing and low-income
families by achieving economies of scale that substantially
reduce the cost of lead-based paint remediation activities
and administrative costs for grantees: Provided further,
That such projects in each of five communities shall be for
five years and serve no more than four contiguous census
tracts in which there are high concentrations of housing
stock built before 1940, in which low-income families with
children make up a significantly higher proportion of the
population as compared to the State average, and that are
located in jurisdictions in which instances of elevated blood
lead levels reported to the State are significantly higher
than the State average: Provided further, That funding
awarded for such projects shall be made available for draw
down contingent upon the grantee meeting cost-savings,
productivity, and grant compliance benchmarks established by
the Secretary: Provided further, That each recipent of funds
for such projects shall contribute an amount not less than 10
percent of the total award, and that the Secretary shall give
priority to applicants that secure commitments for additional
contributions from public and private sources: Provided
further, That grantees currently receiving grants made under
this heading shall be eligible to apply for such projects,
provided that they are deemed to be in compliance with
program requirements established by the Secretary: Provided
further, That each applicant shall certify adequate capacity
that is acceptable to the Secretary to carry out the proposed
use of funds pursuant to a notice of funding availability:
Provided further, That amounts made available under this
heading in this or prior appropriations Acts, still remaining
available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were
appropriated if a program competition is undersubscribed and
there are other program competitions under this heading that
are oversubscribed.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and
program-specific information technology systems, for the
continuing operation and maintenance of both Department-wide
and program-specific information systems, and for program-
related maintenance activities, $280,000,000, of which
$260,000,000 shall remain available until September 30, 2020,
and of which $20,000,000 shall remain available until
September 30, 2021: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated:
Provided further, That not more than 10 percent of the funds
made available under this heading for development,
modernization and enhancement may be obligated until the
Secretary submits to the House and Senate Committees on
Appropriations, for approval, a plan for expenditure that--
(A) identifies for each modernization project: (i) the
functional and performance capabilities to be delivered and
the mission benefits to be realized, (ii) the estimated life-
cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i)
compliant with the Department's enterprise architecture, (ii)
being managed in accordance with applicable life-cycle
management policies and guidance, (iii) subject to the
Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed
project office.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $128,082,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2019 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for 2019
for such corporation or agency except as hereinafter
provided: Provided, That collections of these corporations
and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the
mortgage insurance or guaranty operations of these
corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 207. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 208. The President's formal budget request for fiscal
year 2020, as well as the Department of Housing and Urban
Development's congressional budget justifications to be
submitted to the Committees on Appropriations of the House of
Representatives and the Senate, shall use the identical
account and sub-account structure provided under this Act.
Sec. 209. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
[[Page S5198]]
Sec. 210. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2019 and 2020, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an
evaluation of the transfer authority under this section,
including the effect of such transfers on the operational
efficiency, contract rents, physical and financial
conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 212. The funds made available for Native Alaskans
under the heading ``Native American Housing Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in
fiscal year 2019, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 214. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee,
[[Page S5199]]
notes, or other obligations issued by any State on behalf of
non-entitlement communities in the State in accordance with
the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That any State receiving
such a guarantee or commitment shall distribute all funds
subject to such guarantee to the units of general local
government in non-entitlement areas that received the
commitment.
Sec. 215. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 216. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 217. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD appropriation under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
under the general heading ``Program Office Salaries and
Expenses'', ``Government National Mortgage Association--
Guarantees of Mortgage-Backed Securities Loan Guarantee
Program Account'', and ``Office of Inspector General'' within
the Department of Housing and Urban Development.
Sec. 218. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2019, notify the
public through the Federal Register and other means, as
determined appropriate, of the issuance of a notice of the
availability of assistance or notice of funding availability
(NOFA) for any program or discretionary fund administered by
the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year
2019, the Secretary may make the NOFA available only on the
Internet at the appropriate Government web site or through
other electronic media, as determined by the Secretary.
Sec. 219. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on
Appropriations.
Sec. 220. The Secretary is authorized to transfer up to 10
percent or $5,000,000, whichever is less, of funds
appropriated for any office under the heading
``Administrative Support Offices'' or for any account under
the general heading ``Program Office Salaries and Expenses''
to any other such office or account: Provided, That no
appropriation for any such office or account shall be
increased or decreased by more than 10 percent or $5,000,000,
whichever is less, without prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That the Secretary shall provide notification to
such Committees three business days in advance of any such
transfers under this section up to 10 percent or $5,000,000,
whichever is less.
Sec. 221. (a) Any entity receiving housing assistance
payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and
Urban Development (in this section referred to as the
``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or
regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c)
when a multifamily housing project with a section 8 contract
or contract for similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies
identified by the inspector at the project have been
corrected.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC
inspection, the Secretary must provide the owner with a
Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. The Secretary
must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a
UPCS score of 60 or above, the Secretary may withdraw the
Notice of Default.
(2) At the end of the time period for correcting all
deficiencies specified in the Notice of Default, if the owner
fails to fully correct such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the
Secretary.
(d) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent
the Secretary determines, in consultation with the tenants
and the local government, that the property is not feasible
for continued rental assistance payments under such section 8
or other programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for
project-based rental assistance payments with an owner or
owners of other existing housing properties, or provide other
rental assistance.
(e) The Secretary shall report quarterly on all properties
covered by this section that are assessed through the Real
Estate Assessment Center and have UPCS physical inspection
scores of less than 60 or have received an unsatisfactory
management and occupancy review within the past 36 months.
The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees
on Appropriations no later than 30 days after the enactment
of this Act, and on the first business day of each Federal
fiscal year quarter thereafter while this section remains in
effect.
Sec. 222. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2019.
Sec. 223. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant
[[Page S5200]]
award is announced by the Department or its offices.
Sec. 224. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment
(PNA).
Sec. 225. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 226. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 227. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable
basis, or transferred to the Office of Policy Development and
Research in the Department of Housing and Urban Development
and functions thereof, for research, evaluation, or
statistical purposes, and which are unexpended at the time of
completion of a contract, grant, or cooperative agreement,
may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent
fiscal year for the research, evaluation, or statistical
purposes for which the amounts are made available to that
Office subject to reprogramming requirements in section 405
of this Act.
Sec. 228. None of the funds provided in this Act or any
other act may be used for awards, including performance,
special act, or spot, for any employee of the Department of
Housing and Urban Development who has been subject to
administrative discipline in fiscal years 2018 or 2019,
including suspension from work.
Sec. 229. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76, section 524 of division G of Public Law 113-235, section
525 of division H of Public Law 114-113, and such authorities
as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums
of care and housing activities to improve outcomes for
disconnected youth.
Sec. 230. With respect to grant amounts awarded under the
heading ``Homeless Assistance Grants'' for fiscal years 2015,
2016, 2017, 2018 and 2019 for the continuum of care (CoC)
program as authorized under subtitle C of title IV of the
McKinney-Vento Homeless Assistance Act, costs paid by program
income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC
program.
Sec. 231. (a) From amounts made available under this title
under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of
funds for activities under subtitle C of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.) to
transition from one Continuum of Care program component to
another.
(b) No more than 50 percent of each transition grant may be
used for costs of eligible activities of the program
component originally funded.
(c) Transition grants made under this section are eligible
for renewal in subsequent fiscal years for the eligible
activities of the new program component.
(d) In order to be eligible to receive a transition grant,
the funding recipient must have the consent of the Continuum
of Care and meet standards determined by the Secretary.
Sec. 232. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development to
direct a grantee to undertake specific changes to existing
zoning laws as part of carrying out the final rule entitled
``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272
(July 16, 2015)) or the notice entitled ``Affirmatively
Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949
(September 26, 2014)).
Sec. 233. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply
with respect to the right of a jurisdiction to draw funds
from its HOME Investment Trust Fund that otherwise expired or
would expire in 2016, 2017, 2018, 2019, 2020 or 2021 under
that section.
Sec. 234. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such
designations, made by the Secretary of Housing and Urban
Development in prior fiscal years, shall remain in effect in
accordance with the terms and conditions of such agreements.
Sec. 235. The Secretary shall initiate a comprehensive
review of existing public housing and tenant-based rental
assistance regulations and related notices and other guidance
documents to identify opportunities to streamline the
administration of such programs while also ensuring
compliance with Federal financial and internal control
requirements. The Secretary shall establish a regulatory
advisory committee, composed of program and research experts
from the Department, a fair representation of public housing
agencies, and independent subject matter experts in housing
policy, property management, and Federal grant management,
which shall advise the Secretary with respect to specific
policy proposals to reduce administrative burden. The
Secretary, in consultation with the advisory committee, shall
submit a report on the results of such regulatory review to
the House and Senate Committees on Appropriations no later
than one year after the date of enactment of this Act.
Sec. 236. None of the funds made available by this Act may
be used to establish and apply a ranking factor in the
selection and award of any funds made available and requiring
competitive selection under this Act, including preference or
bonus points or other incentives for participation in or
coordination with EnVision Centers.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2019''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,400,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902,
$27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,274,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2020, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2020 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $145,000,000, of which $5,000,000
shall be for a multi-family rental housing program:
Provided, That an additional $2,000,000, to remain available
until September 30, 2023, shall be for the promotion and
development of shared equity housing models.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000:
Provided,
[[Page S5201]]
That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of
the Surface Transportation Board shall be credited to this
appropriation as offsetting collections and used for
necessary and authorized expenses under this heading:
Provided further, That the sum herein appropriated from the
general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year
2019, to result in a final appropriation from the general
fund estimated at no more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,600,000: Provided, That the first proviso in Public Law
115-141 under the heading ``United States Interagency Council
on Homelessness--Operating Expenses'' is amended by striking
``2020'' and inserting ``2021''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening
in regulatory or adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2019, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the report accompanying this Act,
whichever is more detailed, unless prior approval is received
from the House and Senate Committees on Appropriations:
Provided, That not later than 60 days after the date of
enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the
Senate and of the House of Representatives to establish the
baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2019 from
appropriations made available for salaries and expenses for
fiscal year 2019 in this Act, shall remain available through
September 30, 2020, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownfields as defined in the Small Business Liability Relief
and Brownfields Revitalization Act (Public Law 107-118) shall
be considered a public use for purposes of eminent domain.
Sec. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this
Act shall be available to pay the salary for any person
filling a position, other than a temporary position, formerly
held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305,
popularly known as the ``Buy American Act'').
Sec. 411. No funds appropriated or otherwise made
available under this Act shall be made available to any
person or entity that has been convicted of violating the Buy
American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
[[Page S5202]]
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board to charge or collect any filing fee for
rate or practice complaints filed with the Board in an amount
in excess of the amount authorized for district court civil
suit filing fees under section 1914 of title 28, United
States Code.
Sec. 416. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network
unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law
enforcement agency or any other entity carrying out criminal
investigations, prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other
materials available to the department or agency over which
that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.), or to prevent
or impede that Inspector General's access to such records,
documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the
Inspector General and expressly limits the Inspector
General's right of access.
(b) A department or agency covered by this section shall
provide its Inspector General with access to all such
records, documents, and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with
statutory limitations on disclosure relevant to the
information provided by the establishment over which that
Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive
fees for contractors whose performance has been judged to be
below satisfactory, behind schedule, over budget, or has
failed to meet the basic requirements of a contract, unless
the Agency determines that any such deviations are due to
unforeseeable events, government-driven scope changes, or are
not significant within the overall scope of the project and/
or program unless such awards or incentive fees are
consistent with 16.401(e)(2) of the FAR.
Sec. 420. (a) Section 420 (a) None of the funds
appropriated or otherwise made available under this Act may
be used to acquire telecommunications equipment produced by
Huawei Technologies Company, ZTE Corporation or a high-impact
or moderate-impact information system, as defined for
security categorization in the National Institute of
Standards and Technology's (NIST) Federal Information
Processing Standard Publication 199, ``Standards for Security
Categorization of Federal Information and Information
Systems'' unless the agency has--
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST to inform
acquisition decisions for high-impact and moderate-impact
information systems within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information
provided by the Federal Bureau of Investigation and other
appropriate agencies; and
(3) in consultation with the Federal Bureau of
Investigation or other appropriate Federal entity, conducted
an assessment of any risk of cyber-espionage or sabotage
associated with the acquisition of such system, including any
risk associated with such system being produced,
manufactured, or assembled by one or more entities identified
by the United States Government as posing a cyber threat,
including but not limited to, those that may be owned,
directed, or subsidized by the People's Republic of China,
the Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Russian Federation.
(b) None of the funds appropriated or otherwise made
available under this Act may be used to acquire a high-impact
or moderate impact information system reviewed and assessed
under subsection (a) unless the head of the assessing entity
described in subsection (a) has--
(1) developed, in consultation with NIST and supply chain
risk management experts, a mitigation strategy for any
identified risks;
(2) determined, in consultation with NIST and the Federal
Bureau of Investigation, that the acquisition of such system
is in the vital national security interest of the United
States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
in a manner that identifies the system intended for
acquisition and a detailed description of the mitigation
strategies identified in (1), provided that such report may
include a classified annex as necessary.
This division may be cited as the ``Transportation, Housing
and Urban Development, and Related Agencies Appropriations
Act, 2019''.
______
SA 3400. Ms. MURKOWSKI proposed an amendment to amendment SA 3399
proposed by Mr. Shelby to the bill H.R. 6147, making appropriations for
the Department of the Interior, environment, and related agencies for
the fiscal year ending September 30, 2019, and for other purposes; as
follows:
On page 95, line 6, strike ``$5,000,000'' and insert
``$5,250,000''.
______
SA 3401. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill H.R. 6147, making appropriations for the
Department of the Interior, environment, and related agencies for the
fiscal year ending September 30, 2019, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. (a) In carrying out any discretionary grant or
funding program administered by the Secretary of the Interior
[using funds made available by this Act], the Secretary shall
consider whether a State has a significant need for
resources, with particular consideration of the needs of the
coastal States.
(b) In determining apportionments for fiscal year 2019 of
amounts appropriated and available for State purposes from
the Land and Water Conservation Fund under section
200305(b)(2) of title 54, United States Code, the Secretary
of the Interior shall--
(1) consider whether a State (as defined in section 200301
of that title) has a significant need for resources, with
particular consideration of the needs of the coastal States;
and
(2) attempt to correct the traditional preference for the
use of amounts from the Land and Water Conservation Fund to
fund inland projects.
______
SA 3402. Mr. CRUZ (for himself, Mr. Cotton, Mr. Lee, and Mr. Johnson)
submitted an amendment intended to be proposed by him to the bill H.R.
6147, making appropriations for the Department of the Interior,
environment, and related agencies for the fiscal year ending September
30, 2019, and for other purposes; which was ordered to lie on the
table; as follows:
At the appropriate place in division B, insert the
following:
Sec. ___. None of the funds made available by Division B
of this Act may be used by the government of the District of
Columbia to carry out subtitle A of title V of the Fiscal
Year 2019 Budget Support Act of 2018 (D.C. Bill 22-753)
(requiring residents of the District of Columbia to have
health insurance).
______
SA 3403. Ms. MURKOWSKI proposed an amendment to the bill H.R. 589, to
establish Department of Energy policy for science and energy research
and development programs, and reform National Laboratory management and
technology transfer programs, and for other purposes; as follows:
Strike title IV.
______
SA 3404. Ms. MURKOWSKI proposed an amendment to the bill S. 2503, to
establish Department of Energy policy for science and energy research
and development programs, and reform National Laboratory management and
technology transfer programs, and for other purposes; as follows:
Strike title IV.
______
SA 3405. Mr. HELLER (for himself and Mr. Brown) submitted an
amendment intended to be proposed to amendment SA 3399 proposed by Mr.
Shelby to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
On page 154, line 14, strike ``$15,000,000'' and insert
``$20,000,000''.
______
SA 3406. Mr. SCHATZ (for himself and Ms. Hirono) submitted an
amendment intended to be proposed to amendment SA 3399 proposed by Mr.
Shelby to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in division C, insert the
following:
Sec. ___. The Secretary of Agriculture shall provide to
any State or county impacted by a volcanic eruption covered
by a
[[Page S5203]]
major disaster declared by the President in calendar year
2018 in accordance with section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170)
technical assistance--
(1) to assess damage to agricultural production and rural
infrastructure; and
(2) to develop recovery plans for impacted farmers,
ranchers, and rural communities.
______
SA 3407. Mr. SCHATZ (for himself and Ms. Hirono) submitted an
amendment intended to be proposed to amendment SA 3399 proposed by Mr.
Shelby to the bill H.R. 6147, making appropriations for the Department
of the Interior, environment, and related agencies for the fiscal year
ending September 30, 2019, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place in division A, insert the
following:
damage to department of the interior facilities by volcanic eruption
Sec. ____. (a) Not later than 60 days after the date of
enactment of this Act, the Secretary of the Interior shall
submit to Congress a report on each facility and related
infrastructure of the Department of the Interior damaged by a
volcanic eruption covered by a major disaster declared by the
President in calendar year 2018 in accordance with section
401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) (referred to in this section
as a ``covered facility'').
(b) The report submitted under subsection (a) shall
include--
(1) an inventory of all covered facilities;
(2) a description of--
(A) any closures of covered facilities; and
(B) the estimated impact on visitorship to covered
facilities open to the public as a result of a volcanic
eruption; and
(3) a plan--
(A) to restore or replace covered facilities; and
(B) to restore visitorship levels to covered facilities
open to the public to historic visitorship levels.
(c) In preparing the plan required under subsection (b)(3),
the Secretary of the Interior shall--
(1) engage the community in which the covered facility is
located, including the State and units of local government;
and
(2) include the estimated costs of carrying out the
activities described in the plan.
______
SA 3408. Ms. MURKOWSKI (for Mr. Alexander) proposed an amendment to
the bill H.R. 2353, to reauthorize the Carl D. Perkins Career and
Technical Education Act of 2006; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Career and
Technical Education for the 21st Century Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Effective date.
Sec. 5. Table of contents of the Carl D. Perkins Career and Technical
Education Act of 2006.
Sec. 6. Purpose.
Sec. 7. Definitions.
Sec. 8. Transition provisions.
Sec. 9. Prohibitions.
Sec. 10. Authorization of appropriations.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--Allotment and Allocation
Sec. 110. Reservations and State allotment
Sec. 111. Within State allocation.
Sec. 112. Accountability.
Sec. 113. National activities.
Sec. 114. Assistance for the outlying areas.
Sec. 115. Native American Programs.
Sec. 116. Tribally controlled postsecondary career and technical
institutions.
Sec. 117. Occupational and employment information.
PART B--State Provisions
Sec. 121. State administration.
Sec. 122. State plan.
Sec. 123. Improvement plans.
Sec. 124. State leadership activities.
PART C--Local Provisions
Sec. 131. Distribution of funds to secondary education programs.
Sec. 132. Special rules for career and technical education.
Sec. 133. Local application for career and technical education
programs.
Sec. 134. Local uses of funds.
TITLE II--GENERAL PROVISIONS
Sec. 201. Federal and State administrative provisions.
TITLE III--AMENDMENTS TO OTHER LAWS
Sec. 301. Amendments to the Wagner-Peyser Act.
Sec. 302. Amendments to the Elementary and Secondary Education Act of
1965.
Sec. 303. Amendment to the Workforce Innovation and Opportunity Act.
SEC. 3. REFERENCES.
Except as otherwise expressly provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2301 et seq.).
SEC. 4. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take
effect beginning on July 1, 2019.
SEC. 5. TABLE OF CONTENTS OF THE CARL D. PERKINS CAREER AND
TECHNICAL EDUCATION ACT OF 2006.
Section 1(b) is amended to read as follows:
``(b) Table of Contents.--The table of contents for this
Act is as follows:
``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. Transition provisions.
``Sec. 5. Privacy.
``Sec. 6. Limitation.
``Sec. 7. Special rule.
``Sec. 8. Prohibitions.
``Sec. 9. Authorization of appropriations.
``TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
``Part A--Allotment and Allocation
``Sec. 111. Reservations and State allotment.
``Sec. 112. Within State allocation.
``Sec. 113. Accountability.
``Sec. 114. National activities.
``Sec. 115. Assistance for the outlying areas.
``Sec. 116. Native American programs.
``Sec. 117. Tribally controlled postsecondary career and technical
institutions.
``Part B--State Provisions
``Sec. 121. State administration.
``Sec. 122. State plan.
``Sec. 123. Improvement plans.
``Sec. 124. State leadership activities.
``Part C--Local Provisions
``Sec. 131. Distribution of funds to secondary education programs.
``Sec. 132. Distribution of funds for postsecondary education programs.
``Sec. 133. Special rules for career and technical education.
``Sec. 134. Local application for career and technical education
programs.
``Sec. 135. Local uses of funds.
``TITLE II--GENERAL PROVISIONS
``Part A--Federal Administrative Provisions
``Sec. 211. Fiscal requirements.
``Sec. 212. Authority to make payments.
``Sec. 213. Construction.
``Sec. 214. Voluntary selection and participation.
``Sec. 215. Limitation for certain students.
``Sec. 216. Federal laws guaranteeing civil rights.
``Sec. 217. Participation of private school personnel and children.
``Sec. 218. Limitation on Federal regulations.
``Sec. 219. Study on programs of study aligned to high-skill, high-wage
occupations.
``Part B--State Administrative Provisions
``Sec. 221. Joint funding.
``Sec. 222. Prohibition on use of funds to induce out-of-State
relocation of businesses.
``Sec. 223. State administrative costs.
``Sec. 224. Student assistance and other Federal programs.''.
SEC. 6. PURPOSE.
Section 2 (20 U.S.C. 2301) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``academic and career and technical
skills'' and inserting ``academic knowledge and technical and
employability skills''; and
(B) by inserting ``and programs of study'' after
``technical education programs'';
(2) in paragraph (1), by striking ``high demand
occupations'' and inserting ``in-demand occupations'';
(3) in paragraph (3), by striking ``, including tech prep
education'';
(4) in paragraph (4), by inserting ``and programs of
study'' after ``technical education programs'';
(5) in paragraph (6), by striking ``and'' after the
semicolon;
(6) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(7) by adding at the end the following:
``(8) increasing the employment opportunities for
populations who are chronically unemployed or underemployed,
including individuals with disabilities, individuals from
economically disadvantaged families, out-of-workforce
individuals, youth who are in, or have aged out of, the
foster care system, and homeless individuals.''.
SEC. 7. DEFINITIONS.
Section 3 (20 U.S.C. 2302) is amended--
(1) by striking paragraphs (10), (16), (23), (24), (25),
(26), and (32);
(2) by redesignating paragraphs (8), (9), (11), (12), (13),
(14), (15), (17), (18), (19), (20), (21), (22), (27), (28),
(29), (30), (31), (33), and (34) as paragraphs (9), (10),
(17), (18), (20), (21), (24), (28), (30), (31), (33), (34),
(39), (44), (45), (48), (49), (50), (51), and (52),
respectively;
(3) in paragraph (2), by striking ``, including information
as described in section 118''.
(4) in paragraph (3)--
(A) in subparagraph (B), by striking ``5 different
occupational fields to individuals who are available for
study in preparation for entering the labor market'' and
inserting ``3
[[Page S5204]]
different fields that are available to all students,
especially in high-skill, high-wage, or in-demand industry
sectors or occupations''; and
(B) in subparagraph (D), by striking ``not fewer than 5
different occupational fields'' and inserting ``not fewer
than 3 different occupational fields'';
(5) in paragraph (5)--
(A) in subparagraph (A)--
(i) by amending clause (i) to read as follows:
``(i) provides individuals with rigorous academic content
and relevant technical knowledge and skills needed to prepare
for further education and careers in current or emerging
professions, which may include high-skill, high-wage, or in-
demand industry sectors or occupations, which shall be, at
the secondary level, aligned with the challenging State
academic standards adopted by a State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965;'';
(ii) in clause (ii), by striking ``, an industry-recognized
credential, a certificate, or an associate degree'' and
inserting ``or a recognized postsecondary credential, which
may include an industry-recognized credential, a certificate,
or an associate degree''; and
(iii) in clause (iii), by striking ``and'' at the end;
(B) in subparagraph (B)--
(i) by inserting ``, work-based, or other'' after
``competency-based'';
(ii) by striking ``contributes to the'' and inserting
``supports the development of'';
(iii) by striking ``general''; and
(iv) by striking the period at the end and inserting a
semicolon; and
(C) by adding at the end the following:
``(C) to the extent practicable, coordinate between
secondary and postsecondary education programs through
programs of study, which may include coordination through
articulation agreements, early college high school programs,
dual or concurrent enrollment program opportunities, or other
credit transfer agreements that provide postsecondary credit
or advanced standing; and
``(D) may include career exploration at the high school
level or as early as the middle grades (as such term is
defined in section 8101 of the Elementary and Secondary
Education Act of 1965).'';
(6) in paragraph (7)--
(A) in subparagraph (A)--
(i) by striking ``(and parents, as appropriate)'' and
inserting ``(and, as appropriate, parents and out-of-school
youth)'';
(ii) by inserting ``exploration opportunities'' after
``regarding career awareness''; and
(iii) by striking ``and'' after the semicolon;
(B) in subparagraph (B)--
(i) by inserting ``to students (and, as appropriate,
parents and out-of-school youth)'' after ``provides
information''; and
(ii) by striking ``financial aid,'' and all that follows
through the end of the subparagraph and inserting ``financial
aid, job training, secondary and postsecondary options
(including associate and baccalaureate degree programs), dual
or concurrent enrollment programs, work-based learning
opportunities, early college high schools, financial
literacy, and support services, as appropriate; and''; and
(C) by adding at the end the following:
``(C) may provide assistance for special populations with
respect to direct support services that enable students to
persist in and complete career and technical education,
programs of study, or career pathways.'';
(7) by inserting after paragraph (7) the following:
``(8) Career pathways.--The term `career pathways' has the
meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).'';
(8) by inserting after paragraph (10) (as redesignated by
paragraph (2)) the following:
``(11) Credit transfer agreement.--The term `credit
transfer agreement' means a formal agreement, such as an
articulation agreement, among and between secondary and
postsecondary education institutions or systems that grant
students transcripted postsecondary credit, which may include
credit granted to students in dual or concurrent enrollment
programs or early college high school, dual credit,
articulated credit, and credit granted on the basis of
performance on technical or academic assessments.
``(12) CTE concentrator.--The term `CTE concentrator'
means--
``(A) at the secondary school level, a student served by an
eligible recipient who has completed at least 2 courses in a
single career and technical education program or program of
study; and
``(B) at the postsecondary level, a student enrolled in an
eligible recipient who has--
``(i) earned at least 12 credits within a career and
technical education program or program of study; or
``(ii) completed such a program if the program encompasses
fewer than 12 credits or the equivalent in total.
``(13) CTE participant.--The term `CTE participant' means
an individual who completes not less than one course in a
career and technical education program or program of study of
an eligible recipient.
``(14) Director.--The term `Director' means the Director of
the Institute of Education Sciences.
``(15) Dual or concurrent enrollment program.--The term
`dual or concurrent enrollment program' has the meaning given
the term in section 8101 of the Elementary and Secondary
Education Act of 1965.
``(16) Early college high school.--The term `early college
high school' has the meaning given the term in section 8101
of the Elementary and Secondary Education Act of 1965.'';
(9) by inserting after paragraph (18) (as redesignated by
paragraph (2)) the following:
``(19) Eligible entity.--The term `eligible entity' means a
consortium that includes the following:
``(A) Representatives of not less than 2 of the following
categories of entities, 1 of which shall serve as the fiscal
agent for the consortium:
``(i) A local educational agency or a consortium of such
agencies.
``(ii) An educational service agency serving secondary
school students.
``(iii) An area career and technical education school or a
consortium of such schools.
``(iv) An Indian Tribe, Tribal organization, or Tribal
educational agency.
``(v) An institution of higher education whose most common
degree awarded is an associate degree, or a consortium of
such institutions.
``(vi) An institution of higher education whose most common
degree awarded is a bachelor's or higher degree, or a
consortium of such institutions.
``(vii) A State educational agency.
``(B) One or more business or industry representative
partners, which may include representatives of local or
regional businesses or industries, including industry or
sector partnerships in the local area, local workforce
development boards, or labor organizations.
``(C) One or more stakeholders, which may include--
``(i) parents and students;
``(ii) representatives of local agencies serving out-of-
school youth, homeless children and youth, and at-risk youth
(as defined in section 1432 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6472));
``(iii) representatives of Indian tribes and Tribal
organizations, where applicable;
``(iv) representatives of minority-serving institutions (as
described in paragraphs (1) through (7) of section 371(a) of
the Higher Education Act of 1965 (20 U.S.C. 1067q(a)), where
applicable;
``(v) representatives of special populations;
``(vi) representatives of adult career and technical
education providers; or
``(vii) other relevant community stakeholders.'';
(10) by amending paragraph (20) (as redesignated by
paragraph (2)) to read as follows:
``(20) Eligible institution.--The term `eligible
institution' means--
``(A) a consortium of 2 or more of the entities described
in subparagraphs (B) through (F);
``(B) a public or nonprofit private institution of higher
education that offers and will use funds provided under this
title in support of career and technical education courses
that lead to technical skill proficiency or a recognized
postsecondary credential, including an industry-recognized
credential, a certificate, or an associate degree;
``(C) a local educational agency providing education at the
postsecondary level;
``(D) an area career and technical education school
providing education at the postsecondary level;
``(E) an Indian Tribe, Tribal organization, or Tribal
education agency that operates a school or may be present in
the State;
``(F) a postsecondary educational institution controlled by
the Bureau of Indian Education or operated by or on behalf of
any Indian Tribe that is eligible to contract with the
Secretary of the Interior for the administration of programs
under the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5301 et seq.) or the Act of April 16, 1934 (25
U.S.C. 5342 et seq.);
``(G) a tribally controlled college or university; or
``(H) an educational service agency.'';
(11) in paragraph (21) (as redesignated by paragraph (2)),
by inserting ``an Indian Tribe, Tribal organization, or
Tribal educational agency'' after ``service agency,'';
(12) by inserting after paragraph (21) (as redesignated by
paragraph (2)) the following:
``(22) English learner.--The term `English learner' means--
``(A) a secondary school student who is an English learner,
as defined in section 8101 of the Elementary and Secondary
Education Act of 1965; or
``(B) an adult or an out-of-school youth who has limited
ability in speaking, reading, writing, or understanding the
English language and--
``(i) whose native language is a language other than
English; or
``(ii) who lives in a family environment or community in
which a language other than English is the dominant language.
``(23) Evidence-based.--The term `evidence-based' has the
meaning given the term in section 8101(21)(A) of the
Elementary and Secondary Education Act of 1965.'';
(13) by inserting after paragraph (24) (as redesignated by
paragraph (2)) the following:
``(25) High school.--The term `high school' has the meaning
given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(26) In-demand industry sector or occupation.--The term
`in-demand industry sector or occupation' has the meaning
given the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).
[[Page S5205]]
``(27) Indian; indian tribe.--The terms `Indian' and
`Indian Tribe' have the meanings given the terms `Indian' and
`Indian tribe', respectively, in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304).'';
(14) by inserting after paragraph (28) (as redesignated by
paragraph (2)) the following:
``(29) Industry or sector partnership.--The term `industry
or sector partnership' has the meaning given the term in
section 3 of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102).'';
(15) by inserting after paragraph (31) (as redesignated by
paragraph (2)) the following:
``(32) Local workforce development board.--The term `local
workforce development board' means a local workforce
development board established under section 107 of the
Workforce Innovation and Opportunity Act (29 U.S.C. 3122).'';
(16) in paragraph (33) (as redesignated by paragraph (2)),
by striking ``including'' and inserting ``such as'';
(17) by inserting after paragraph (34) (as redesignated by
paragraph (2)) the following:
``(35) Out-of-school youth.--The term `out-of-school youth'
has the meaning given the term in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102).
``(36) Out-of-workforce individual.--The term `out-of-
workforce individual' means--
``(A) an individual who is a displaced homemaker, as
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102); or
``(B) an individual who--
``(i)(I) has worked primarily without remuneration to care
for a home and family, and for that reason has diminished
marketable skills; or
``(II) is a parent whose youngest dependent child will
become ineligible to receive assistance under part A of title
IV of the Social Security Act (42 U.S.C. 601 et seq.) not
later than 2 years after the date on which the parent applies
for assistance under such title; and
``(ii) is unemployed or underemployed and is experiencing
difficulty in obtaining or upgrading employment.
``(37) Paraprofessional.--The term `paraprofessional' has
the meaning given the term in section 8101 of the Elementary
and Secondary Education Act of 1965.
``(38) Pay for success initiative.--
``(A) In general.--Subject to subparagraph (B), the term
`pay for success initiative' means a performance-based grant,
contract, or cooperative agreement awarded by a State or
local public entity (such as a local educational agency) to a
public or private nonprofit entity--
``(i) in which a commitment is made to pay for improved
outcomes that result in increased public value and social
benefit to students and the public sector, such as improved
student outcomes as evidenced by the indicators of
performance described in section 113(b)(2) and direct cost
savings or cost avoidance to the public sector; and
``(ii) that includes--
``(I) a feasibility study on the initiative describing how
the proposed intervention is based on evidence of
effectiveness;
``(II) a rigorous, third-party evaluation that uses
experimental or quasi-experimental design or other research
methodologies that allow for the strongest possible causal
inferences to determine whether the initiative has met its
proposed outcomes;
``(III) an annual, publicly available report on the
progress of the initiative; and
``(IV) a requirement that payments are made to the
recipient of a grant, contract, or cooperative agreement only
when agreed upon outcomes are achieved, except that the
entity may make payments to the third party conducting the
evaluation described in subclause (II).
``(B) Exclusion.--The term `pay for success initiative'
does not include any initiative that--
``(i) reduces the special education or related services
that a student would otherwise receive under the Individuals
with Disabilities Education Act; or
``(ii) otherwise reduces the rights of a student or the
obligations of an entity under the Individuals with
Disabilities Education Act, the Rehabilitation Act of 1973
(29 U.S.C. 701 et seq.), the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.), or any other law.''.
(18) in paragraph (39)(C) (as redesignated by paragraph
(2)), by striking ``apprenticeship'' and inserting ``other
skilled training'';
(19) by inserting after paragraph (39) (as redesignated by
paragraph (2)) the following:
``(40) Professional development.--The term `professional
development' means activities that--
``(A) are an integral part of eligible agency, eligible
recipient, institution, or school strategies for providing
educators (including teachers, principals, other school
leaders, administrators, specialized instructional support
personnel, career guidance and academic counselors, and
paraprofessionals) with the knowledge and skills necessary to
enable students to succeed in career and technical education,
to meet challenging State academic standards under section
1111(b)(1) of the Elementary and Secondary Education Act, or
to achieve academic skills at the postsecondary level; and
``(B) are sustained (not stand-alone, 1-day, or short-term
workshops), intensive, collaborative, job-embedded, data-
driven, and classroom-focused, to the extent practicable
evidence-based, and may include activities that--
``(i) improve and increase educators'--
``(I) knowledge of the academic and technical subjects;
``(II) understanding of how students learn; and
``(III) ability to analyze student work and achievement
from multiple sources, including how to adjust instructional
strategies, assessments, and materials based on such
analysis;
``(ii) are an integral part of eligible recipients'
improvement plans;
``(iii) allow personalized plans for each educator to
address the educator's specific needs identified in
observation or other feedback;
``(iv) support the recruitment, hiring, and training of
effective educators, including educators who became certified
through State and local alternative routes to certification;
``(v) advance educator understanding of--
``(I) effective instructional strategies that are evidence-
based; and
``(II) strategies for improving student academic and
technical achievement or substantially increasing the
knowledge and teaching skills of educators;
``(vi) are developed with extensive participation of
educators, parents, students, and representatives of Indian
Tribes (as applicable), of schools and institutions served
under this Act;
``(vii) are designed to give educators of students who are
English learners in career and technical education programs
or programs of study the knowledge and skills to provide
instruction and appropriate language and academic support
services to those students, including the appropriate use of
curricula and assessments;
``(viii) as a whole, are regularly evaluated for their
impact on increased educator effectiveness and improved
student academic and technical achievement, with the findings
of the evaluations used to improve the quality of
professional development;
``(ix) are designed to give educators of individuals with
disabilities in career and technical education programs or
programs of study the knowledge and skills to provide
instruction and academic support services to those
individuals, including positive behavioral interventions and
supports, multi-tier system of supports, and use of
accommodations;
``(x) include instruction in the use of data and
assessments to inform and instruct classroom practice;
``(xi) include instruction in ways that educators may work
more effectively with parents and families;
``(xii) provide follow-up training to educators who have
participated in activities described in this paragraph that
are designed to ensure that the knowledge and skills learned
by the educators are implemented in the classroom;
``(xiii) promote the integration of academic knowledge and
skills and relevant technical knowledge and skills, including
programming jointly delivered to academic and career and
technical education teachers; or
``(xiv) increase the ability of educators providing career
and technical education instruction to stay current with
industry standards.
``(41) Program of study.--The term `program of study' means
a coordinated, nonduplicative sequence of academic and
technical content at the secondary and postsecondary level
that--
``(A) incorporates challenging State academic standards,
including those adopted by a State under section 1111(b)(1)
of the Elementary and Secondary Education Act of 1965;
``(B) addresses both academic and technical knowledge and
skills, including employability skills;
``(C) is aligned with the needs of industries in the
economy of the State, region, Tribal community, or local
area;
``(D) progresses in specificity (beginning with all aspects
of an industry or career cluster and leading to more
occupation-specific instruction);
``(E) has multiple entry and exit points that incorporate
credentialing; and
``(F) culminates in the attainment of a recognized
postsecondary credential.
``(42) Qualified intermediary.--The term `qualified
intermediary' means a nonprofit entity, which may be part of
an industry or sector partnership, that demonstrates
expertise in building, connecting, sustaining, and measuring
partnerships with entities such as employers, schools,
community-based organizations, postsecondary institutions,
social service organizations, economic development
organizations, Indian tribes or Tribal organizations, and
workforce systems to broker services, resources, and supports
to youth and the organizations and systems that are designed
to serve youth, including--
``(A) connecting employers to classrooms;
``(B) assisting in the design and implementation of career
and technical education programs and programs of study;
``(C) delivering professional development;
``(D) connecting students to internships and other work-
based learning opportunities; and
``(E) developing personalized student supports.
``(43) Recognized postsecondary credential.--The term
`recognized postsecondary credential' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102).'';
(20) by inserting after paragraph (45) (as redesignated by
paragraph (2)) the following:
[[Page S5206]]
``(46) Specialized instructional support personnel.--The
term `specialized instructional support personnel' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.
``(47) Specialized instructional support services.--The
term `specialized instructional support services' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965.'';
(21) in paragraph (48) (as redesignated by paragraph (2))--
(A) in subparagraph (B), by striking ``foster children''
and inserting ``low-income youth and adults'';
(B) by striking subparagraph (E) and inserting the
following:
``(E) out-of-workforce individuals;'';
(C) in subparagraph (F), by striking ``individuals with
limited English proficiency.'' and inserting ``English
learners;''; and
(D) by adding at the end the following:
``(G) homeless individuals described in section 725 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a);
``(H) youth who are in, or have aged out of, the foster
care system; and
``(I) youth with a parent who--
``(i) is a member of the armed forces (as such term is
defined in section 101(a)(4) of title 10, United States
Code); and
``(ii) is on active duty (as such term is defined in
section 101(d)(1) of such title).'';
(22) in paragraph (50) (as redesignated by paragraph (2)),
by inserting ``(including paraprofessionals and specialized
instructional support personnel)'' after ``supportive
personnel'';
(23) in paragraph (52) (as redesignated by paragraph (2))--
(A) in subparagraph (A), by striking ``Indian tribe or
Indian tribes'' and inserting ``Indian Tribe or Indian
Tribes''; and
(B) in subparagraph (D)--
(i) by striking ``tribal'' and inserting ``Tribal''; and
(ii) by inserting ``or tribal lands'' after
``reservations''; and
(24) by adding at the end the following:
``(53) Tribal organization.--The term `Tribal organization'
has the meaning given the term `tribal organization' in
section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
``(54) Universal design for learning.--The term `universal
design for learning' has the meaning given the term in
section 8101 of the Elementary and Secondary Education Act of
1965.
``(55) Work-based learning.--The term `work-based learning'
means sustained interactions with industry or community
professionals in real workplace settings, to the extent
practicable, or simulated environments at an educational
institution that foster in-depth, firsthand engagement with
the tasks required in a given career field, that are aligned
to curriculum and instruction.''.
SEC. 8. TRANSITION PROVISIONS.
Section 4 (20 U.S.C. 2303) is amended--
(1) by striking ``the Secretary determines to be
appropriate'' and inserting ``are necessary'';
(2) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' each place it appears and
inserting ``Strengthening Career and Technical Education for
the 21st Century Act''; and
(3) by striking ``1998'' and inserting ``2006''.
SEC. 9. PROHIBITIONS.
Section 8 (20 U.S.C. 2306a) is amended--
(1) in subsection (a), by striking ``Federal Government to
mandate,'' and all that follows through the period at the end
and inserting ``Federal Government--
``(1) to condition or incentivize the receipt of any grant,
contract, or cooperative agreement, or the receipt of any
priority or preference under such grant, contract, or
cooperative agreement, upon a State, local educational
agency, eligible agency, eligible recipient, eligible entity,
or school's adoption or implementation of specific
instructional content, academic standards and assessments,
curricula, or program of instruction (including any
condition, priority, or preference to adopt the Common Core
State Standards developed under the Common Core State
Standards Initiative, any other academic standards common to
a significant number of States, or any assessment,
instructional content, or curriculum aligned to such
standards);
``(2) through grants, contracts, or other cooperative
agreements, to mandate, direct, or control a State, local
educational agency, eligible agency, eligible recipient,
eligible entity, or school's specific instructional content,
academic standards and assessments, curricula, or program of
instruction (including any requirement, direction, or mandate
to adopt the Common Core State Standards developed under the
Common Core State Standards Initiative, any other academic
standards common to a significant number of States, or any
assessment, instructional content, or curriculum aligned to
such standards); or
``(3) except as required under sections 112(b), 211(b), and
223--
``(A) to mandate, direct, or control the allocation of
State or local resources; or
``(B) to mandate that a State or a political subdivision of
a State spend any funds or incur any costs not paid for under
this Act.'';
(2) by amending subsection (d) to read as follows:
``(d) Rule of Construction.--Nothing in this section
affects the applicability of subchapter II of chapter 5, and
chapter 7, of title 5, United States Code, (commonly known as
the ``Administrative Procedure Act'') or chapter 8 of title
5, United States Code, commonly known as the ``Congressional
Review Act'').''; and
(3) by adding at the end the following:
``(f) Congressional Notice and Comment.--
``(1) Notice to congress.--Not less than 15 business days
prior to issuing a notice of proposed rulemaking related to
this Act in the Federal Register, the Secretary shall provide
to the Committee on Health, Education, Labor, and Pensions of
the Senate, the Committee on Education and the Workforce of
the House of Representatives, and other relevant
congressional committees, notice of the Secretary's intent to
issue a notice of proposed rulemaking that shall include--
``(A) a copy of the proposed regulation;
``(B) the need to issue the regulation;
``(C) a description of how the regulation is consistent
with the scope of this Act;
``(D) the anticipated burden (including the time, cost, and
paperwork burden) the regulation will impose on an eligible
agency, institution, or recipient that may be impacted by the
regulation, including the potential impact on rural areas;
``(E) the anticipated benefits to an eligible agency,
institution, or recipient that may be impacted by the
regulation, including in rural areas; and
``(F) any regulations that will be repealed when the new
regulation is issued.
``(2) Comment period for congress.--The Secretary shall--
``(A) before issuing any notice of proposed rulemaking
under this subsection, provide Congress with a comment period
of 15 business days to make comments on the proposed
regulation, beginning on the date that the Secretary provides
the notice of intent to the appropriate committees of
Congress under paragraph (1); and
``(B) include and seek to address all comments submitted by
members of Congress in the public rulemaking record for the
regulation published in the Federal Register.
``(3) Comment and review period; emergency situations.--The
comment and review period for any proposed regulation shall
be not less than 60 days unless an emergency requires a
shorter period, in which case the Secretary shall--
``(A) designate the proposed regulation as an emergency
with an explanation of the emergency in the notice to
Congress under paragraph (1);
``(B) publish the length of the comment and review period
in such notice and in the Federal Register; and
``(C) conduct immediately thereafter regional meetings to
review such proposed regulation before issuing any final
regulation.''.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (20 U.S.C. 2307) is amended to read as follows:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
Act (other than sections 114 and 117)--
``(1) $1,229,568,538 for fiscal year 2019;
``(2) $1,246,782,498 for fiscal year 2020;
``(3) $1,264,237,452 for fiscal year 2021;
``(4) $1,281,936,777 for fiscal year 2022;
``(5) $1,299,883,892 for fiscal year 2023; and
``(6) $1,318,082,266 for fiscal year 2024.''.
TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES
PART A--ALLOTMENT AND ALLOCATION
SEC. 110. RESERVATIONS AND STATE ALLOTMENT.
Section 111 (20 U.S.C. 2321) is amended to read as follows:
``SEC. 111. RESERVATIONS AND STATE ALLOTMENT.
``(a) Reservations and State Allotment.--
``(1) Reservations.--From the amount appropriated under
section 9 for each fiscal year, the Secretary shall reserve--
``(A) 0.13 percent to carry out section 115; and
``(B) 1.50 percent to carry out section 116, of which--
``(i) 1.25 percent of the sum shall be available to carry
out section 116(b); and
``(ii) 0.25 percent of the sum shall be available to carry
out section 116(h).
``(2) Foundational grant.--
``(A) In general.--From the remainder of the amount
appropriated under section 9 and not reserved under paragraph
(1) for a fiscal year, the Secretary shall allot to a State
for the fiscal year an amount equal to the amount the State
received in fiscal year 2018.
``(B) Ratable reduction.--If for any fiscal year the amount
appropriated for allotments under this section is
insufficient to satisfy the provisions of subparagraph (A),
the payments to all States under such subparagraph shall be
ratably reduced.
``(3) Additional funds.--Subject to paragraph (4), from the
additional funds remaining from the amount appropriated under
section 9 and not expended under paragraphs (1) and (2) for a
fiscal year, the Secretary shall allot to a State for the
fiscal year--
``(A) an amount that bears the same ratio to 50 percent of
the sum being allotted as the product of the population aged
15 to 19, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is made
and the State's allotment ratio bears to the sum of the
corresponding products for all the States;
``(B) an amount that bears the same ratio to 20 percent of
the sum being allotted as the
[[Page S5207]]
product of the population aged 20 to 24, inclusive, in the
State in the fiscal year preceding the fiscal year for which
the determination is made and the State's allotment ratio
bears to the sum of the corresponding products for all the
States;
``(C) an amount that bears the same ratio to 15 percent of
the sum being allotted as the product of the population aged
25 to 65, inclusive, in the State in the fiscal year
preceding the fiscal year for which the determination is made
and the State's allotment ratio bears to the sum of the
corresponding products for all the States; and
``(D) an amount that bears the same ratio to 15 percent of
the sum being allotted as the amounts allotted to the State
under subparagraphs (A), (B), and (C) for such years bears to
the sum of the amounts allotted to all the States under
subparagraphs (A), (B), and (C) for such year.
``(4) Minimum allotment for years with additional funds.--
``(A) In general.--Subject to subparagraph (B), for a
fiscal year for which there are additional funds described in
paragraph (3), no State shall receive for such fiscal year
under paragraph (3) less than 1/2 of 1 percent of the
additional funds available for such fiscal year. Amounts
necessary for increasing such payments to States to comply
with the preceding sentence shall be obtained by ratably
reducing the amounts to be paid to other States.
``(B) Special rule.--In the case of a qualifying State, the
minimum allotment under subparagraph (A) for a fiscal year
for the qualifying State shall be the lesser of--
``(i) 1/2 of 1 percent of the additional funds available
for such fiscal year; and
``(ii) the product of--
``(I) 1/3 of the additional funds; multiplied by
``(II) the quotient of--
``(aa) the qualifying State's ratio described in
subparagraph (C) for the fiscal year for which the
determination is made; divided by
``(bb) the sum of all such ratios for all qualifying States
for the fiscal year for which the determination is made.
``(C) Ratio.--For purposes of subparagraph (B)(ii)(II)(aa),
the ratio for a qualifying State for a fiscal year shall be
1.00 less the quotient of--
``(i) the amount the qualifying State is allotted under
paragraph (3) for the fiscal year; divided by
``(ii) 1/2 of 1 percent of the amount appropriated under
paragraph (3) for the fiscal year for which the determination
is made.
``(D) Definitions.--In this paragraph, the term `qualifying
State' means a State (except the United States Virgin
Islands) that, for the fiscal year for which a determination
under this paragraph is made, would receive, under the
allotment formula under paragraph (3) (without the
application of this paragraph), an amount that would be less
than the amount the State would receive under subparagraph
(A) for such fiscal year.
``(b) Reallotment.--If the Secretary determines that any
amount of any State's allotment under subsection (a) for any
fiscal year will not be required for such fiscal year for
carrying out the activities for which such amount has been
allotted, the Secretary shall make such amount available for
reallotment. Any such reallotment among other States shall
occur on such dates during the same year as the Secretary
shall fix, and shall be made on the basis of criteria
established by regulation. No funds may be reallotted for any
use other than the use for which the funds were appropriated.
Any amount reallotted to a State under this subsection for
any fiscal year shall remain available for obligation during
the succeeding fiscal year and shall be deemed to be part of
the State's allotment for the year in which the amount is
obligated.
``(c) Allotment Ratio.--
``(1) In general.--The allotment ratio for any State shall
be 1.00 less the product of--
``(A) 0.50; and
``(B) the quotient obtained by dividing the per capita
income for the State by the per capita income for all the
States (exclusive of the Commonwealth of Puerto Rico and the
United States Virgin Islands), except that--
``(i) the allotment ratio in no case shall be more than
0.60 or less than 0.40; and
``(ii) the allotment ratio for the Commonwealth of Puerto
Rico and the United States Virgin Islands shall be 0.60.
``(2) Promulgation.--The allotment ratios shall be
promulgated by the Secretary for each fiscal year between
October 1 and December 31 of the fiscal year preceding the
fiscal year for which the determination is made. Allotment
ratios shall be computed on the basis of the average of the
appropriate per capita incomes for the 3 most recent
consecutive fiscal years for which satisfactory data are
available.
``(3) Definition of per capita income.--For the purpose of
this section, the term `per capita income' means, with
respect to a fiscal year, the total personal income in the
calendar year ending in such year, divided by the population
of the area concerned in such year.
``(4) Population determination.--For the purposes of this
section, population shall be determined by the Secretary on
the basis of the latest estimates available to the Department
of Education.
``(d) Definition of State.--For the purpose of this
section, the term `State' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and the United States Virgin Islands.''.
SEC. 111. WITHIN STATE ALLOCATION.
Section 112 (20 U.S.C. 2322) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``10 percent'' and
inserting ``15 percent'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``1 percent'' and inserting ``2 percent'';
(II) by striking ``State correctional institutions and
institutions'' and inserting ``State correctional
institutions, juvenile justice facilities, and educational
institutions''; and
(III) by striking ``and'' after the semicolon; and
(ii) by inserting after subparagraph (B) the following:
``(C) an amount shall be made available for the recruitment
of special populations to enroll in career and technical
education programs, which shall be not less than the lesser
of--
``(i) an amount equal to 0.1 percent; or
``(ii) $50,000; and'';
(C) in paragraph (3)(B), by striking ``a local plan;'' and
inserting ``local applications;''; and
(2) in subsection (c), by striking ``section 135'' and all
that follows through the end and inserting ``section 135--
``(1) in--
``(A) rural areas;
``(B) areas with high percentages of CTE concentrators or
CTE participants;
``(C) areas with high numbers of CTE concentrators or CTE
participants; and
``(D) areas with disparities or gaps in performance as
described in section 113(b)(3)(C)(ii)(II); and
``(2) in order to--
``(A) foster innovation through the identification and
promotion of promising and proven career and technical
education programs, practices, and strategies, which may
include programs, practices, and strategies that prepare
individuals for nontraditional fields; or
``(B) promote the development, implementation, and adoption
of programs of study or career pathways aligned with State-
identified high-skill, high-wage, or in-demand occupations or
industries.''.
SEC. 112. ACCOUNTABILITY.
Section 113 (20 U.S.C. 2323) is amended--
(1) in subsection (b)--
(A) in the subsection heading, by inserting ``Determined''
after ``State'';
(B) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``State determined'' before ``performance'';
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(iii) in subparagraph (A), by inserting ``and'' after the
semicolon; and
(iv) in subparagraph (B), as so redesignated--
(I) by striking ``a State adjusted level of performance''
and inserting ``a State determined level of performance'';
and
(II) by striking ``, and State levels of performance
described in paragraph (3)(B) for each additional indicator
of performance''; and
(C) by striking paragraph (2) and inserting the following:
``(2) Indicators of performance.--
``(A) Core indicators of performance for cte concentrators
at the secondary level.--Each eligible agency shall identify
in the State plan core indicators of performance for CTE
concentrators at the secondary level that are valid and
reliable, and that include, at a minimum, measures of each of
the following:
``(i) The percentage of CTE concentrators who graduate high
school, as measured by--
``(I) the four-year adjusted cohort graduation rate
(defined in section 8101 of the Elementary and Secondary
Education Act of 1965); and
``(II) at the State's discretion, the extended-year
adjusted cohort graduation rate defined in such section 8101.
``(ii) CTE concentrator proficiency in the challenging
State academic standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965, as measured by the academic assessments described in
section 1111(b)(2) of such Act.
``(iii) The percentage of CTE concentrators who, in the
second quarter after exiting from secondary education, are in
postsecondary education or advanced training, military
service or a service program that receives assistance under
title I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.), are volunteers as described in section
5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are
employed.
``(iv) Indicators of career and technical education program
quality as follows:
``(I) That shall include at least 1 of the following:
``(aa) The percentage of CTE concentrators graduating from
high school having attained a recognized postsecondary
credential.
``(bb) The percentage of CTE concentrators graduating from
high school having attained postsecondary credits in the
relevant career and technical education program or program of
study earned through a dual or concurrent enrollment program
or another credit transfer agreement.
``(cc) The percentage of CTE concentrators graduating from
high school having participated in work-based learning.
``(II) That may include any other measure of student
success in career and technical
[[Page S5208]]
education that is statewide, valid, and reliable, and
comparable across the State.
``(v) The percentage of CTE concentrators in career and
technical education programs and programs of study that lead
to non-traditional fields.
``(B) Core indicators of performance for cte concentrators
at the postsecondary level.--Each eligible agency shall
identify in the State plan core indicators of performance for
CTE concentrators at the postsecondary level that are valid
and reliable, and that include, at a minimum, measures of
each of the following:
``(i) The percentage of CTE concentrators who, during the
second quarter after program completion, remain enrolled in
postsecondary education, are in advanced training, military
service, or a service program that receives assistance under
title I of the National and Community Service Act of 1990 (42
U.S.C. 12511 et seq.), are volunteers as described in section
5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are
placed or retained in employment.
``(ii) The percentage of CTE concentrators who receive a
recognized postsecondary credential during participation in
or within 1 year of program completion.
``(iii) The percentage of CTE concentrators in career and
technical education programs and programs of study that lead
to non-traditional fields.
``(C) Alignment of performance indicators.--In developing
core indicators of performance under subparagraphs (A) and
(B), an eligible agency shall, to the greatest extent
possible, align the indicators so that substantially similar
information gathered for other State and Federal programs, or
for any other purpose, may be used to meet the requirements
of this section.'';
(D) in paragraph (3)--
(i) in the paragraph heading, by inserting ``determined''
after ``State'';
(ii) by amending subparagraph (A) to read as follows:
``(A) State determined levels of performance for core
indicators of performance.--
``(i) In general.--
``(I) Levels determined by the eligible agency.--Each
eligible agency, with input from eligible recipients, shall
establish in the State plan submitted under section 122, for
each year covered by the State plan, State determined levels
of performance for each of the core indicators described
under subparagraphs (A) and (B) of paragraph (2) for career
and technical education activities authorized under this
title. The level of performance for a core indicator shall be
the same for all CTE concentrators in the State.
``(II) Technical assistance.--The Secretary may assist an
eligible agency in establishing the State determined levels
of performance under this subparagraph only at the request of
that eligible agency.
``(III) Requirements.--Such State determined levels of
performance shall, at a minimum--
``(aa) be expressed in a percentage or numerical form, so
as to be objective, quantifiable, and measurable;
``(bb) require the State to continually make meaningful
progress toward improving the performance of all career and
technical education students, including the subgroups of
students described in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965, and special
populations, as described in section 3(48); and
``(cc) have been subject to the public comment process
described in subparagraph (B), and the eligible agency has
provided a written response;
``(dd) when being adjusted pursuant to clause (ii), take
into account how the levels of performance involved compare
with the State levels of performance established for other
States, considering factors including the characteristics of
actual (as opposed to anticipated) CTE concentrators when the
CTE concentrators entered the program, and the services or
instruction to be provided;
``(ee) when being adjusted pursuant to clause (ii), be
higher than the average actual performance of the 2 most
recently completed program years, except in the case of
unanticipated circumstances that require revisions in
accordance with clause (iii); and
``(ff) take into account the extent to which the State
determined levels of performance advance the eligible
agency's goals, as set forth in the State plan.
``(ii) Allowable adjustment of state determined levels of
performance for subsequent years.--Prior to the third program
year covered by the State plan, each eligible agency may
revise the State determined levels of performance for any of
the core indicators of performance for the subsequent program
years covered by the State plan, and submit the revised State
determined levels of performance to the Secretary. If the
eligible agency adjusts any levels of performance, the
eligible agency shall adjust those levels in accordance with
clause (i), and address written comments of stakeholders as
described in subparagraph (B). The Secretary shall approve
those revised levels of performance if those levels meet the
requirements described in subclause (III) of clause (i). The
State determined adjusted levels of performance identified
under this clause shall be considered to be the State
determined levels of performance for the State for such years
and shall be incorporated into the State plan.
``(iii) Unanticipated circumstances.--If unanticipated
circumstances arise in a State or changes occur related to
improvements in data or measurement approaches, the eligible
agency, at the end of the program year, may revise the State
determined levels of performance required under this
subparagraph. After public comment, as described in
subparagraph (B), the eligible agency shall submit such
revised levels of performance to the Secretary with evidence
supporting the revision. The Secretary shall approve any such
revision if that revision meets the requirements of clause
(ii).'';
(iii) by striking subparagraph (B) and inserting the
following:
``(B) Public comment.--
``(i) In general.--Each eligible agency shall develop the
levels of performance under subparagraph (A) in consultation
with the stakeholders identified in section 122(c)(1)(A).
``(ii) Written comments.--Not less than 60 days prior to
submission of the State plan, the eligible agency shall
provide such stakeholders with the opportunity to provide
written comments to the eligible agency, which shall be
included in the State plan, regarding how the levels of
performance described under subparagraph (A)--
``(I) meet the requirements of the law;
``(II) support the improvement of performance of all CTE
concentrators, including subgroups of students, as described
in section 1111(h)(1)(C)(ii) of the Elementary and Secondary
Education Act of 1965, and special populations, as described
in section 3(48); and
``(III) support the needs of the local education and
business community.
``(iii) Eligible agency response.--Each eligible agency
shall provide, in the State plan, a written response to the
comments provided by stakeholders under clause (ii).''; and
(iv) by adding at the end the following:
``(C) State report.--
``(i) In general.--Each eligible agency that receives an
allotment under section 111 shall annually prepare and submit
to the Secretary a report regarding--
``(I) the progress of the State in achieving the State
determined levels of performance on the core indicators of
performance; and
``(II) the actual levels of performance for all CTE
concentrators, and for each of the subgroups of students, as
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965, and special populations, as
described in section 3(48).
``(ii) Data.--Except as provided in subparagraph (E), each
eligible agency that receives an allotment under section 111
shall--
``(I) disaggregate data for each of the indicators of
performance under paragraph (2)--
``(aa) for subgroups of students, as described in section
1111(h)(1)(C)(ii) of the Elementary and Secondary Education
Act of 1965, and special populations, as described in section
3(48), that are served under this Act; and
``(bb) by the career and technical education programs or
programs of study of the CTE concentrators, except that in a
case in which reporting by such program or program of study
is impractical, the data may be disaggregated by the career
clusters of the CTE concentrators, if appropriate;
``(II) identify and quantify any disparities or gaps in
performance on the State determined levels of performance
under subparagraph (A) between any such subgroup or special
population and the performance of all CTE concentrators
served by the eligible agency under this Act, which shall
include a quantifiable description of the progress each such
subgroup or special population of students served by the
eligible agency under this Act has made in meeting the State
determined levels of performance; and
``(III) for CTE concentrators described in paragraph
(2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to
the extent such data is available, by each of the following:
``(aa) Individuals enrolled in postsecondary education
(disaggregated by postsecondary award level, including
certificate, associate, or baccalaureate degree).
``(bb) Individuals in advanced training.
``(cc) Individuals in military service or a service program
that receives assistance under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or
volunteers as described in section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
``(dd) Individuals in employment (including those
individuals who are employed in a high-skill, high-wage, or
in-demand sector or occupation).
``(iii) Nonduplication.--The Secretary shall ensure that
each eligible agency does not report duplicative information
under this section.
``(iv) Information dissemination.--The Secretary shall--
``(I) make the information contained in such reports
available to the general public through a variety of formats,
including electronically through the Internet;
``(II) disseminate State-by-State comparisons of the
information contained in such reports; and
``(III) provide the appropriate committees of Congress with
copies of such reports.
``(D) State dissemination of actual levels of
performance.--At the end of each program year, the eligible
agency shall disseminate the actual levels of performance
described in subparagraph (C)(i)(II)--
``(i) widely, including to students, parents, and
educators;
``(ii) through a variety of formats, including
electronically through the Internet; and
[[Page S5209]]
``(iii) in user-friendly formats and languages that are
easily accessible, as determined by the eligible agency.
``(E) Rules for reporting data.--The disaggregation of data
under this paragraph shall not be required when the number of
students in a category is insufficient to yield statistically
reliable information or when the results would reveal
personally identifiable information about an individual
student.''; and
(E) in paragraph (4)--
(i) in subparagraph (A)--
(I) in the subparagraph heading, by striking ``adjusted'';
(II) by striking clauses (iii) and (v), and redesignating
clauses (iv) and (vi) as clauses (iii) and (v), respectively;
(III) in clause (i)--
(aa) in the matter preceding subclause (I)--
(AA) by striking ``State adjusted levels of performance''
and inserting ``State determined levels of performance for
each year of the plan''; and
(BB) by striking ``local adjusted levels'' and inserting
``local levels'' each place the term appears;
(bb) in subclause (I)--
(AA) by striking ``consistent with the State levels of
performance established under paragraph (3), so as'' and
inserting ``consistent with the form expressed in the State
determined levels, so as''; and
(BB) by striking ``and'' after the semicolon; and
(cc) in subclause (II), by striking ``continually make
progress toward improving the performance of career and
technical education students.'' and inserting ``continually
make meaningful progress toward improving the performance of
all CTE concentrators, including subgroups of students
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965 and special populations, as
described in section 3(48);''; and
(dd) by adding at the end the following:
``(III) when being adjusted as described in clause (iii),
be higher than the average actual performance levels of the
previous 2 program years, except in a case in which
unanticipated circumstances arise with respect to the
eligible recipient and that eligible recipient meets the
requirements for revisions under clause (iv);
``(IV) when being adjusted as described in clause (iii),
take into account how the local levels of performance compare
with the local levels of performance established for other
eligible recipients, considering factors including the
characteristics of actual (as opposed to anticipated) CTE
concentrators at the time those CTE concentrators entered the
program, and the services or instruction to be provided; and
``(V) set the local levels of performance using valid and
reliable data that measures--
``(aa) the differences within the State in actual economic
conditions (including differences in unemployment rates and
job losses or gains in particular industries); and
``(bb) the abilities of the State and the eligible
recipient to collect and access valid, reliable, and cost-
effective data.'';
(IV) in clause (ii)--
(aa) in the clause heading, by striking ``plan'' and
inserting ``application'';
(bb) by striking ``plan'' and inserting ``application'';
and
(cc) by striking ``the first 2'' and inserting ``each of
the'';
(V) by amending clause (iii), as redesignated by subclause
(II), to read as follows:
``(iii) Allowable adjustments of local levels of
performance for subsequent years.--Prior to the third program
year covered by the local application, the eligible recipient
may, if the eligible recipient reaches an agreement with the
eligible agency, adjust the local levels of performance for
any of the core indicators of performance for the subsequent
program years covered by the local application, in accordance
with that agreement and with this subparagraph. The local
adjusted levels of performance agreed to under this clause
shall be considered to be the local levels of performance for
the eligible recipient for such years and shall be
incorporated into the local application.''; and
(VI) in clause (v), as redesignated by subclause (II), by
striking ``If unanticipated circumstances arise with respect
to an eligible recipient resulting in a significant change in
the factors described in clause (v), the eligible recipient
may request that the local adjusted levels of performance
agreed to under clause (iii) or (iv) be revised.'' and
inserting ``If unanticipated circumstances arise, or changes
occur related to improvements in data or measurement
approaches, the eligible recipient may request that the local
levels of performance agreed to under clauses (i) and (iii)
be revised.'';
(ii) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B); and
(iii) in subparagraph (B), as redesignated by clause (ii)--
(I) in clause (i), by striking ``the data described in
clause (ii)(I), regarding the progress of such recipient in
achieving the local adjusted levels of performance'' and
inserting ``the data on the actual performance levels
described in clause (ii), including the progress of such
recipient in achieving the local levels of performance'';
(II) in clause (ii)--
(aa) in subclause (I)--
(AA) by striking ``section 1111(h)(1)(C)(i)'' and
inserting ``section 1111(h)(1)(C)(ii)'';
(BB) by striking ``section 3(29)'' and inserting
``section 3(48)''; and
(CC) by striking ``and'' after the semicolon; and
(bb) in subclause (II)--
(AA) by inserting ``, as described in paragraph
3(C)(ii)(II),'' after ``gaps in performance'';
(BB) by inserting ``as described in subclause (I)
(including special populations)'' after ``category of
students'';
(CC) by striking ``all students'' and inserting ``all CTE
concentrators''; and
(DD) by adding at the end the following:
``(III) disaggregate data by the career and technical
education programs or programs of study of the CTE
concentrators, except that in a case in which reporting by
such program or program of study is impractical, the data may
be disaggregated by the career clusters of the CTE
concentrators, if appropriate; and
``(IV) for CTE concentrators described in paragraph
(2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to
the extent such data is available, by each of the following:
``(aa) Individuals enrolled in postsecondary education
(disaggregated by postsecondary award level, including
certificate, associate, or baccalaureate degree).
``(bb) Individuals in advanced training.
``(cc) Individuals in military service or a service program
that receives assistance under title I of the National and
Community Service Act of 1990 (42 U.S.C. 12511 et seq.) or
volunteers as described in section 5(a) of the Peace Corps
Act (22 U.S.C. 2504(a)).
``(dd) Individuals in employment (including those
individuals who are employed in a high-skill, high-wage, or
in-demand sector or occupation).'';
(III) in clause (iii), by striking ``subsection (c)(3)''
and inserting ``paragraph (3)(C)(iii)'';
(IV) in clause (iv), by striking ``clause (ii)'' and
inserting ``this paragraph''; and
(V) by striking clause (v) and inserting the following:
``(v) Availability.--The report described in clause (i)
shall be made available by the eligible recipient through a
variety of formats, including electronically through the
Internet, to students, parents, educators, and the public,
and the information contained in such report shall be in a
format that is understandable and uniform, and to the extent
practicable, provided in a language that students, parents,
and educators can understand.''; and
(2) by striking subsection (c).
SEC. 113. NATIONAL ACTIVITIES.
Section 114 (20 U.S.C. 2324) is amended--
(1) in subsection (a)(1)--
(A) by striking ``The Secretary shall'' the first place it
appears and inserting ``The Secretary shall, in consultation
with the Director,''; and
(B) by inserting ``from eligible agencies under section
113(b)(3)(C)'' after ``pursuant to this title'';
(2) by amending subsection (b) to read as follows:
``(b) Reasonable Cost.--The Secretary shall take such
action as may be necessary to secure at reasonable cost the
information required by this title. To ensure reasonable
cost, the Secretary, in consultation with the National Center
for Education Statistics and the Office of Career, Technical,
and Adult Education shall determine the methodology to be
used and the frequency with which such information is to be
collected.'';
(3) in subsection (c)--
(A) in paragraph (1), by striking ``Secretary may'' and
inserting ``Secretary shall'';
(B) in paragraph (2)--
(i) in subparagraph (B), by inserting ``, acting through
the Director,'' after ``describe how the Secretary''; and
(ii) in subparagraph (C), by inserting ``, in consultation
with the Director,'' after ``Secretary'';
(4) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) by inserting ``, acting through the Director,'' after
``The Secretary'';
(II) by inserting ``and the plan developed under subsection
(c)'' after ``described in paragraph (2)''; and
(III) by striking ``assessment'' each place such term
appears and inserting ``evaluation'';
(ii) in subparagraph (B)--
(I) in clause (v), by striking ``; and'' and inserting a
semicolon;
(II) in clause (vi)--
(aa) by inserting ``qualified'' before ``intermediaries'';
and
(bb) by striking the period at the end and inserting ``,
which may include individuals with expertise in addressing
inequities in access to, and in opportunities for, academic
and technical skill attainment;''; and
(III) by adding at the end the following:
``(vii) representatives of Indian Tribes and Tribal
organizations; and
``(viii) representatives of special populations.''; and
(iii) in subparagraph (C)--
(I) by inserting ``the Director,'' after ``the
Secretary,''; and
(II) by striking ``assessment'' and inserting
``evaluation'';
(B) in paragraph (2)--
(i) in the heading, by striking ``and assessment'';
(ii) in subparagraph (A)--
(I) by striking ``subsection (e), the Secretary'' and
inserting ``subsection (f), the Secretary, acting through the
Director,'';
(II) by striking ``an independent evaluation and
assessment'' and inserting ``a series of research and
evaluation initiatives for each
[[Page S5210]]
year for which funds are appropriated to carry out this Act,
which are aligned with the plan in subsection (c)(2),'';
(III) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' and inserting
``Strengthening Career and Technical Education for the 21st
Century Act''; and
(IV) by adding at the end the following: ``Whenever
possible, data used for the evaluation for a fiscal year
shall be data from the most recent fiscal year for which such
data are available, and from the 5-year period preceding that
fiscal year.''; and
(iii) by amending subparagraph (B) to read as follows:
``(B) Contents.--The evaluation required under subparagraph
(A) shall include descriptions and evaluations of--
``(i) the extent and success of the integration of
challenging State academic standards adopted under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and career and technical education for students
participating in career and technical education programs,
including a review of the effect of such integration on the
academic and technical proficiency achievement of such
students, including--
``(I) the number of such students that receive a regular
high school diploma, as such term is defined under section
8101 of the Elementary and Secondary Education Act of 1965 or
a State-defined alternative diploma described in section
8101(25)(A)(ii)(I)(bb) of such Act;
``(II) the number of such students that are high school
students that receive a recognized postsecondary credential;
and
``(III) the number of such students that are high school
students that earn credit toward a recognized postsecondary
credential;
``(ii) the extent to which career and technical education
programs and programs of study prepare students, including
special populations, for subsequent employment in high-skill,
high-wage occupations (including those in which mathematics
and science skills are critical, which may include computer
science), or for participation in postsecondary education;
``(iii) employer involvement in, benefit from, and
satisfaction with, career and technical education programs
and programs of study and career and technical education
students' preparation for employment;
``(iv) efforts to expand access to career and technical
education programs of study for all students;
``(v) innovative approaches to work-based learning programs
that increase participation and alignment with employment in
high-growth industries, including in rural and low-income
areas;
``(vi) the effectiveness of different delivery systems and
approaches for career and technical education, including
comprehensive high schools, technical high schools, area
technical centers, career academies, community and technical
colleges, early college high schools, pre-apprenticeship
programs, voluntary after-school programs, and individual
course offerings, including dual or concurrent enrollment
program courses, as well as communication strategies for
promoting career and technical education opportunities
involving teachers, school counselors, and parents or other
guardians;
``(vii) the extent to which career and technical education
programs supported by this Act are grounded on evidence-based
research;
``(viii) the impact of the amendments to this Act made
under the Strengthening Career and Technical Education for
the 21st Century Act, including comparisons, where
appropriate, of--
``(I) the use of the comprehensive needs assessment under
section 134(c);
``(II) the implementation of programs of study; and
``(III) coordination of planning and program delivery with
other relevant laws, including the Workforce Innovation and
Opportunity Act (29 U.S.C. 3101 et seq.) and the Elementary
and Secondary Education Act of 1965;
``(ix) changes in career and technical education program
accountability as described in section 113 and any effects of
such changes on program delivery and program quality;
``(x) changes in student enrollment patterns; and
``(xi) efforts to reduce disparities or performance gaps
described in section 113(b)(3)(C)(ii)(II).''; and
(iv) in subparagraph (C)--
(I) in clause (i)--
(aa) in the matter preceding subclause (I), by inserting
``, in consultation with the Director,'' after ``The
Secretary''; and
(bb) by striking subclauses (I) and (II) and inserting the
following:
``(I) not later than 2 years after the date of enactment of
the Strengthening Career and Technical Education for the 21st
Century Act, an interim report regarding the evaluation and
summary of research activities carried out under this section
that builds on studies and analyses existing as of such date
of enactment;
``(II) not later than 4 years after the date of enactment
of the Strengthening Career and Technical Education for the
21st Century Act, a final report summarizing the studies and
analyses that relate to the evaluation and summary of
research activities carried out under this section; and
``(III) a biennial update to such final report for
succeeding years.'';
(II) in clause (ii), by inserting ``the Director,'' after
``the President, the Secretary,'' each place the term
appears; and
(III) by adding after clause (ii) the following:
``(iii) Dissemination.--In addition to submitting the
reports required under clause (i), the Secretary shall
disseminate the results of the evaluation widely and on a
timely basis in order to increase the understanding among
State and local officials and educators of the effectiveness
of programs and activities supported under the Act and of the
career and technical education programs and programs of study
that are most likely to produce positive educational and
employment outcomes.'';
(C) in subparagraph (3)(A), by striking ``State adjusted
levels of performance described in section 113(b)'' and
inserting ``State determined levels of performance described
in section 113(b), as long as such information does not
reveal any personally identifiable information''; and
(D) by striking paragraphs (4) and (5) and inserting the
following:
``(4) Research.--
``(A) In general.--From amounts made available under
subsection (f), the Secretary, after consultation with the
Director, the Commissioner for Education Research, and the
States, and with input from the independent advisory panel
established under subsection (d)(1)(A), shall award a grant,
contract, or cooperative agreement, on a competitive basis,
to an institution of higher education or to a consortium of
one or more institutions of higher education and one or more
private nonprofit organizations or agencies, to carry out one
or more of the activities described in subparagraph (B).
``(B) Grant activities.--An institution or consortium
receiving a grant under this paragraph shall use grant funds
to carry out one or more of the following activities:
``(i) Evidence-based research and evaluation for the
purpose of developing, improving, and identifying the most
successful methods for--
``(I) eliminating inequities in access to, and in
opportunities for, learning, skill development, or effective
teaching in career and technical education programs; and
``(II) addressing the education, employment, and training
needs of CTE participants, including special populations, in
career and technical education programs or programs of study.
``(ii) Research on, and evaluation of, the impact of
changes made by the Strengthening Career and Technical
Education for the 21st Century Act, including State-by-State
comparisons, where appropriate, of--
``(I) the use of the needs assessment under section 134(c);
``(II) the implementation of programs of study;
``(III) how States have implemented provisions of the Act,
including both fiscal and programmatic elements;
``(IV) career and technical education funding and finance
models; and
``(V) coordination with other relevant laws, including the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.), the Elementary and Secondary Education Act of 1965,
and the Higher Education Act of 1965.
``(iii) Evidence-based research and analyses that provide
longitudinal information with respect to career and technical
education programs and programs of study and student
achievement.
``(iv) The implementation of, evaluation of, or evidence-
based research of, innovative methods that support high-
quality implementation of career and technical education
programs and programs of study and student achievement
related to career and technical education, including--
``(I) creating or expanding dual or concurrent enrollment
program activities and early college high schools;
``(II) awarding of academic credit or academic alignment
for industry recognized credentials, competency-based
education, or work-based learning;
``(III) making available open, searchable, and comparable
information on the quality of industry recognized
credentials, including the related skills or competencies,
attainment by CTE concentrators, related employment and
earnings outcomes, labor market value, and use by employers;
or
``(IV) initiatives to facilitate the transition of sub-
baccalaureate career and technical education students into
baccalaureate degree programs, including barriers affecting
rural students and special populations.
``(C) Report.--The institution or consortium receiving a
grant under this paragraph shall annually prepare a report
containing information about the key research findings of
such entity under this paragraph and shall submit copies of
the report to the Secretary and the Director. The Secretary
shall submit copies of the report to the relevant committees
of Congress, the Library of Congress, and each eligible
agency.
``(D) Dissemination.--The institution or consortium
receiving a grant under this paragraph shall conduct
dissemination and training activities based on the research
carried out under this paragraph on a timely basis, including
through dissemination networks and, as appropriate and
relevant, technical assistance providers within the
Department.'';
(5) by redesignating subsection (e) as subsection (f);
(6) by inserting after subsection (d) the following:
``(e) Innovation and Modernization.--
``(1) Grant program.--To identify, support, and rigorously
evaluate evidence-based
[[Page S5211]]
and innovative strategies and activities to improve and
modernize career and technical education and align workforce
skills with labor market needs as part of the State plan
under section 122 and local application under section 134 and
the requirements of this subsection, the Secretary may use
not more than 20 percent of the amounts appropriated under
subsection (f) to award grants to eligible entities, eligible
institutions, or eligible recipients to carry out the
activities described in paragraph (7).
``(2) Non-federal match.--
``(A) Matching funds required.--Except as provided under
subparagraph (B), to receive a grant under this subsection,
an eligible entity, eligible institution, or eligible
recipient shall, through cash or in-kind contributions,
provide matching funds from non-Federal sources in an amount
equal to not less than 50 percent of the funds provided under
such grant.
``(B) Exception.--The Secretary may waive the matching fund
requirement under subparagraph (A) if the eligible entity,
eligible institution, or eligible recipient demonstrates
exceptional circumstances.
``(3) Application.--To receive a grant under this
subsection, an eligible entity, eligible institution, or
eligible recipient shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may require, including, at a
minimum--
``(A) an identification and designation of the agency,
institution, or school responsible for the administration and
supervision of the program assisted under this paragraph;
``(B) a description of the budget for the project, the
source and amount of the matching funds required under
paragraph (2)(A), and how the applicant will continue the
project after the grant period ends, if applicable;
``(C) a description of how the applicant will use the grant
funds, including how such funds will directly benefit
students, including special populations, served by the
applicant;
``(D) a description of how the program assisted under this
subsection will be coordinated with the activities carried
out under section 124 or 135;
``(E) a description of how the career and technical
education programs or programs of study to be implemented
with grant funds reflect the needs of regional, State, or
local employers, as demonstrated by the comprehensive needs
assessment under section 134(c);
``(F) a description of how the program assisted under this
subsection will be evaluated and how that evaluation may
inform the report described in subsection (d)(2)(C); and
``(G) an assurance that the applicant will--
``(i) provide information to the Secretary, as requested,
for evaluations that the Secretary may carry out; and
``(ii) make data available to third parties for validation,
in accordance with applicable data privacy laws, including
section 444 of the General Education Provisions Act (20
U.S.C. 1232g, commonly known as the `Family Educational
Rights and Privacy Act of 1974').
``(4) Priority.--In awarding grants under this subsection,
the Secretary shall give priority to applications from
eligible entities, eligible institutions, or eligible
recipients that will predominantly serve students from low-
income families.
``(5) Geographic diversity.--
``(A) In general.--In awarding grants under this
subsection, the Secretary shall award no less than 25 percent
of the total available funds for any fiscal year to eligible
entities, eligible institutions, or eligible recipients
proposing to fund career and technical education activities
that serve--
``(i) a local educational agency with an urban-centric
district locale code of 32, 33, 41, 42, or 43, as determined
by the Secretary;
``(ii) an institution of higher education primarily serving
the one or more areas served by such a local educational
agency;
``(iii) a consortium of such local educational agencies or
such institutions of higher education;
``(iv) a partnership between--
``(I) an educational service agency or a nonprofit
organization; and
``(II) such a local educational agency or such an
institution of higher education; or
``(v) a partnership between--
``(I) a grant recipient described in clause (i) or (ii);
and
``(II) a State educational agency.
``(B) Exception.--Notwithstanding subparagraph (A), the
Secretary shall reduce the amount of funds made available
under such clause if the Secretary does not receive a
sufficient number of applications of sufficient quality.
``(6) Duration.--
``(A) In general.--Grants awarded under this subsection
shall be for a period of not more than 3 years.
``(B) Extension.--The Secretary may extend such grants for
not more than 1 additional 2-year period if the grantee
demonstrates to the Secretary that the grantee is achieving
the grantee's program objectives and, as applicable, has
improved education outcomes for career and technical
education students, including special populations.
``(7) Uses of funds.--An eligible entity, eligible
institution, or eligible recipient that is awarded a grant
under this subsection shall use the grant funds to create,
develop, implement, replicate, or take to scale evidence-
based, field-initiated innovations to modernize and improve
effectiveness and alignment of career and technical education
and to improve student outcomes in career and technical
education, and rigorously evaluate such innovations, through
one or more of the following activities:
``(A) Designing and implementing courses or programs of
study aligned to labor market needs in new or emerging fields
and working with industry to upgrade equipment, technology,
and related curriculum used in career and technical education
programs, which is needed for the development, expansion, and
implementation of State-approved career and technical
education programs of study, including--
``(i) the development or acquisition of instructional
materials associated with the equipment and technology
purchased by an eligible entity, eligible institution, or
eligible recipient through the grant; or
``(ii) efforts to expand, develop, or implement programs
designed to increase opportunities for students to take
rigorous courses in coding or computer science subject areas,
and support for statewide efforts to increase access and
implementation of coding or computer science courses in order
to meet local labor market needs in occupations that require
skills in those subject areas.
``(B) Improving career and technical education outcomes of
students served by eligible entities, eligible institutions,
or eligible recipients through activities such as--
``(i) supporting the development and enhancement of
innovative delivery models for career and technical education
related work-based learning, including school-based simulated
work sites, mentoring, work site visits, job shadowing,
project-based learning, and skills-based and paid
internships;
``(ii) increasing the effective use of technology within
career and technical education programs and programs of
study;
``(iii) supporting new models for integrating academic
content at the secondary and postsecondary level in career
and technical education; or
``(iv) integrating science, technology, engineering, and
mathematics fields, including computer science education,
with career and technical education.
``(C) Improving the transition of students--
``(i) from secondary education to postsecondary education
or employment through programs, activities, or services that
may include the creation, development, or expansion of dual
or concurrent enrollment programs, articulation agreements,
credit transfer agreements, and competency-based education;
or
``(ii) from the completion of one postsecondary program to
another postsecondary program that awards a recognized
postsecondary credential.
``(D) Supporting the development and enhancement of
innovative delivery models for career and technical
education.
``(E) Working with industry to design and implement courses
or programs of study aligned to labor market needs in new or
emerging fields.
``(F) Supporting innovative approaches to career and
technical education by redesigning the high school experience
for students, which may include evidence-based transitional
support strategies for students who have not met
postsecondary education eligibility requirements.
``(G) Creating or expanding recruitment, retention, or
professional development activities for career and technical
education teachers, faculty, school leaders, administrators,
specialized instructional support personnel, career guidance
and academic counselors, and paraprofessionals, which may
include--
``(i) providing resources and training to improve
instruction for, and provide appropriate accommodations to,
special populations;
``(ii) externships or site visits with business and
industry;
``(iii) the integration of coherent and rigorous academic
content standards and career and technical education
curricula, including through opportunities for appropriate
academic and career and technical education teachers to
jointly develop and implement curricula and pedagogical
strategies;
``(iv) mentoring by experienced teachers;
``(v) providing resources or assistance with meeting State
teacher licensure and credential requirements; or
``(vi) training for career guidance and academic counselors
at the secondary level to improve awareness of postsecondary
education and postsecondary career options, and improve the
ability of such counselors to communicate to students the
career opportunities and employment trends.
``(H) Improving CTE concentrator employment outcomes in
non-traditional fields.
``(I) Supporting the use of career and technical education
programs and programs of study in a coordinated strategy to
address identified employer needs and workforce shortages,
such as shortages in the early childhood, elementary school,
and secondary school education workforce.
``(J) Providing integrated student support that addresses
the comprehensive needs of students, such as incorporating
accelerated and differentiated learning opportunities
supported by evidence-based strategies for special
populations.
``(K) Establishing an online portal for career and
technical education students, including special populations,
preparing for
[[Page S5212]]
postsecondary career and technical education, which may
include opportunities for mentoring, gaining financial
literacy skills, and identifying career opportunities and
interests, and a platform to establish online savings
accounts to be used exclusively for postsecondary career and
technical education programs and programs of study.
``(L) Developing and implementing a pay for success
initiative.
``(8) Evaluation.--Each eligible entity, eligible
institution, or eligible recipient receiving a grant under
this subsection shall provide for an independent evaluation
of the activities carried out using such grant and submit to
the Secretary an annual report that includes--
``(A) a description of how funds received under this
paragraph were used;
``(B) the performance of the eligible entity, eligible
institution, or eligible recipient with respect to, at a
minimum, the performance indicators described under section
113, as applicable, and disaggregated by--
``(i) subgroups of students described in section
1111(c)(2)(B) of the Elementary and Secondary Education Act
of 1965;
``(ii) special populations; and
``(iii) as appropriate, each career and technical education
program and program of study; and
``(C) a quantitative analysis of the effectiveness of the
project carried out under this paragraph.''; and
(7) by amending subsection (f), as redesignated by
paragraph (5), to read as follows:
``(f) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $7,651,051 for fiscal year 2019;
``(2) $7,758,166 for fiscal year 2020;
``(3) $7,866,780 for fiscal year 2021;
``(4) $7,976,915 for fiscal year 2022;
``(5) $8,088,592 for fiscal year 2023; and
``(6) $8,201,832 for fiscal year 2024.''.
SEC. 114. ASSISTANCE FOR THE OUTLYING AREAS.
Section 115 (20 U.S.C. 2325) is amended--
(1) in subsection (a)(3), by striking ``subject to
subsection (d)'' and inserting ``subject to subsection (b)'';
(2) by striking subsections (b) and (c); and
(3) by redesignating subsection (d) as subsection (b).
SEC. 115. NATIVE AMERICAN PROGRAMS.
Section 116 (20 U.S.C. 2326) is amended--
(1) in subsection (a)--
(A) in paragraph (1), in the paragraph heading, by striking
``native'' and inserting ``Native'';
(B) by striking paragraph (3);
(C) by redesignating paragraphs (4) and (5) as paragraphs
(3) and (4), respectively;
(D) in paragraph (3) (as redesignated by subparagraph (C)),
in the paragraph heading, by striking ``hawaiian'' and
inserting ``Hawaiian''; and
(E) in paragraph (4) (as redesignated by subparagraph
(C))--
(i) in the paragraph heading, by striking ``hawaiian'' and
inserting ``Hawaiian''; and
(ii) by inserting ``(20 U.S.C. 7517)'' after ``Act'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``tribes'' and inserting ``Tribes''; and
(ii) by striking ``tribal'' and inserting ``Tribal'';
(B) in paragraph (2)--
(i) by striking the paragraph heading and inserting
``Indian tribes and tribal organizations.--'';
(ii) by striking ``Indian tribe or tribal organization''
and inserting ``Indian Tribe or Tribal organization'';
(iii) by striking ``450f'' and inserting ``5321''; and
(iv) by striking ``455-457'' and inserting ``5345-5347'';
(C) in paragraph (3)--
(i) in the paragraph heading, by striking ``bureau of
indian affairs'' and inserting ``Bureau of indian
education'';
(ii) by striking ``tribe'' and inserting ``Tribe'';
(iii) by striking ``tribal'' and inserting ``Tribal''; and
(iv) by striking ``Bureau of Indian Affairs'' and inserting
``Bureau of Indian Education'';
(D) in paragraph (4)--
(i) by striking ``Bureau of Indian Affairs'' each place the
term appears and inserting ``Bureau of Indian Education'';
and
(ii) by striking ``Assistant Secretary of the Interior for
Indian Affairs'' and inserting ``Director of the Bureau of
Indian Education'';
(E) in paragraph (5)(A), by striking ``Indian tribes,
tribal organizations, and individual tribal members'' and
inserting ``Indian Tribes, Tribal organizations, and
individual Tribal members''; and
(F) in paragraph (6)--
(i) by striking ``tribe'' each place the term appears and
inserting ``Tribe''; and
(ii) by striking ``tribal'' each place the term appears and
inserting ``Tribal'';
(3) in subsection (c)--
(A) by redesignating paragraph (2) as paragraph (3); and
(B) by inserting after paragraph (1) the following:
``(2) Special rule.--Notwithstanding section 3(5)(A)(iii),
funds made available under this section may be used to
provide preparatory, refresher, and remedial education
services that are designed to enable students to achieve
success in career and technical education programs or
programs of study.'';
(4) in subsection (d), by striking ``tribe'' each place the
term appears and inserting ``Tribe'';
(5) in subsection (e)(1), by striking ``tribal'' and
inserting ``Tribal'';
(6) in subsection (f), by striking ``tribe'' and inserting
``Tribe''; and
(7) in subsection (g), by striking ``tribe'' each place the
term appears and inserting ``Tribe''.
SEC. 116. TRIBALLY CONTROLLED POSTSECONDARY CAREER AND
TECHNICAL INSTITUTIONS.
Section 117 (20 U.S.C. 2327) is amended--
(1) in subsection (a)(2), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(2) in subsection (d), by striking ``(25 U.S.C. 640a et
seq.)'' and inserting ``(Public Law 92-189; 85 Stat. 646)'';
(3) in subsection (f)(3), by striking ``tribe'' each place
the term appears and inserting ``Tribe'';
(4) in subsection (h)--
(A) in the paragraph heading, by striking ``indian tribe''
and inserting ``Indian tribe''; and
(B) by striking ``terms `Indian' and `Indian tribe' have
the meanings given the terms in'' and inserting ``terms
`Indian' and `Indian Tribe' have the meanings given the terms
`Indian' and `Indian tribe', respectively, in''; and
(5) by striking subsection (i) and inserting the following:
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section--
``(1) $9,762,539 for fiscal year 2019;
``(2) $9,899,215 for fiscal year 2020;
``(3) $10,037,804 for fiscal year 2021;
``(4) $10,178,333 for fiscal year 2022;
``(5) $10,320,829 for fiscal year 2023; and
``(6) $10,465,321 for fiscal year 2024.''.
SEC. 117. OCCUPATIONAL AND EMPLOYMENT INFORMATION.
Section 118 (20 U.S.C. 2328) is repealed.
PART B--STATE PROVISIONS
SEC. 121. STATE ADMINISTRATION.
Section 121(a)(2) (20 U.S.C. 2341(a)(2)) is amended by
striking ``parents'' and all that follows through the end of
the paragraph and inserting ``teachers, faculty, specialized
instructional support personnel, paraprofessionals, school
leaders, authorized public chartering agencies and charter
school leaders (consistent with State law), employers,
representatives of business (including small businesses),
labor organizations, eligible recipients, local program
administrators, State and local officials, Indian Tribes or
Tribal organizations present in the State, parents, students,
and community organizations;''.
SEC. 122. STATE PLAN.
Section 122 (20 U.S.C. 2342) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``6-year period,'' and inserting ``4-year
period, consistent with subsection (b) and paragraph (5),'';
and
(ii) by striking ``Carl D. Perkins Career and Technical
Education Improvement Act of 2006'' and inserting
``Strengthening Career and Technical Education for the 21st
Century Act'';
(B) in paragraph (2)(B), by striking ``6-year period'' and
inserting ``4-year period'';
(C) in paragraph (3), by striking ``(including charter
school'' and all that follows through ``and community
organizations)'' and inserting ``(including teachers,
faculty, specialized instructional support personnel,
paraprofessionals, school leaders, authorized public
chartering agencies and charter school leaders (consistent
with State law), employers, labor organizations, parents,
students, Indian Tribes and Tribal organizations that may be
present in the State, and community organizations)''; and
(D) by adding at the end the following:
``(4) Public comment.--Each eligible agency shall make the
State plan publicly available for public comment for a period
of not less than 30 days, by electronic means and in an
easily accessible format, prior to submission to the
Secretary for approval under this subsection. In the plan the
eligible agency files under this subsection, the eligible
agency shall provide an assurance that public comments were
taken into account in the development of the State plan.
``(5) Optional submission of subsequent plans.--An eligible
agency may, after the first 4-year State plan is submitted
under this section, submit subsequent 4-year plans not later
than 120 days prior to the end of the 4-year period covered
by the preceding State plan or, if an eligible agency chooses
not to submit a State plan for a subsequent 4-year period,
the eligible agency shall submit, and the Secretary shall
approve, annual revisions to the State determined levels of
performance in the same manner as revisions submitted and
approved under section 113(b)(3)(A)(ii).''; and
(2) by striking subsections (b) through (e) and inserting
the following:
``(b) Options for Submission of State Plan.--
``(1) Combined plan.--The eligible agency may submit a
combined plan that meets the requirements of this section and
the requirements of section 103 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3113).
``(2) Notice to secretary.--The eligible agency shall
inform the Secretary of whether the eligible agency intends
to submit a combined plan described in paragraph (1) or a
single plan.
``(c) Plan Development.--
[[Page S5213]]
``(1) In general.--The eligible agency shall--
``(A) develop the State plan in consultation with--
``(i) representatives of secondary and postsecondary career
and technical education programs, including eligible
recipients and representatives of 2-year minority-serving
institutions and historically Black colleges and universities
and tribally controlled colleges or universities in States
where such institutions are in existence, adult career and
technical education providers, and charter school
representatives in States where such schools are in
existence, which shall include teachers, faculty, school
leaders, specialized instructional support personnel, career
and academic guidance counselors, and paraprofessionals;
``(ii) interested community representatives, including
parents, students, and community organizations;
``(iii) representatives of the State workforce development
board established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111) (referred to
in this section as the `State board');
``(iv) members and representatives of special populations;
``(v) representatives of business and industry (including
representatives of small business), which shall include
representatives of industry and sector partnerships in the
State, as appropriate, and representatives of labor
organizations in the State;
``(vi) representatives of agencies serving out-of-school
youth, homeless children and youth, and at-risk youth,
including the State Coordinator for Education of Homeless
Children and Youths established or designated under section
722(d)(3) of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11432(d)(3));
``(vii) representatives of Indian Tribes and Tribal
organizations located in, or providing services in, the
State; and
``(viii) individuals with disabilities; and
``(B) consult the Governor of the State, and the heads of
other State agencies with authority for career and technical
education programs that are not the eligible agency, with
respect to the development of the State plan.
``(2) Activities and procedures.--The eligible agency shall
develop effective activities and procedures, including access
to information needed to use such procedures, to allow the
individuals and entities described in paragraph (1) to
participate in State and local decisions that relate to
development of the State plan.
``(3) Consultation with the governor.--The consultation
described in paragraph (1)(B) shall include meetings of
officials from the eligible agency and the Governor's office
and shall occur--
``(A) during the development of such plan; and
``(B) prior to submission of the plan to the Secretary.
``(d) Plan Contents.--The State plan shall include--
``(1) a summary of State-supported workforce development
activities (including education and training) in the State,
including the degree to which the State's career and
technical education programs and programs of study are
aligned with and address the education and skill needs of the
employers in the State identified by the State board;
``(2) the State's strategic vision and set of goals for
preparing an educated and skilled workforce (including
special populations) and for meeting the skilled workforce
needs of employers, including in existing and emerging in-
demand industry sectors and occupations as identified by the
State, and how the State's career and technical education
programs will help to meet these goals;
``(3) a strategy for any joint planning, alignment,
coordination, and leveraging of funds--
``(A) between the State's career and technical education
programs and programs of study with the State's workforce
development system, to achieve the strategic vision and goals
described in paragraph (2), including the core programs
defined in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102) and the elements related to
system alignment under section 102(b)(2)(B) of such Act (29
U.S.C. 3112(b)(2)(B)); and
``(B) for programs carried out under this title with other
Federal programs, which may include programs funded under the
Elementary and Secondary Education Act of 1965 and the Higher
Education Act of 1965;
``(4) a description of the career and technical education
programs or programs of study that will be supported,
developed, or improved at the State level, including
descriptions of--
``(A) the programs of study to be developed at the State
level and made available for adoption by eligible recipients;
``(B) the process and criteria to be used for approving
locally developed programs of study or career pathways,
including how such programs address State workforce
development and education needs and the criteria to assess
the extent to which the local application under section 132
will--
``(i) promote continuous improvement in academic
achievement and technical skill attainment;
``(ii) expand access to career and technical education for
special populations; and
``(iii) support the inclusion of employability skills in
programs of study and career pathways;
``(C) how the eligible agency will--
``(i) make information on approved programs of study and
career pathways (including career exploration, work-based
learning opportunities, early college high schools, and dual
or concurrent enrollment program opportunities) and guidance
and advisement resources, available to students (and parents,
as appropriate), representatives of secondary and
postsecondary education, and special populations, and to the
extent practicable, provide that information and those
resources in a language students, parents, and educators can
understand;
``(ii) facilitate collaboration among eligible recipients
in the development and coordination of career and technical
education programs and programs of study and career pathways
that include multiple entry and exit points;
``(iii) use State, regional, or local labor market data to
determine alignment of eligible recipients' programs of study
to the needs of the State, regional, or local economy,
including in-demand industry sectors and occupations
identified by the State board, and to align career and
technical education with such needs, as appropriate;
``(iv) ensure equal access to approved career and technical
education programs of study and activities assisted under
this Act for special populations;
``(v) coordinate with the State board to support the local
development of career pathways and articulate processes by
which career pathways will be developed by local workforce
development boards, as appropriate;
``(vi) support effective and meaningful collaboration
between secondary schools, postsecondary institutions, and
employers to provide students with experience in, and
understanding of, all aspects of an industry, which may
include work-based learning such as internships, mentorships,
simulated work environments, and other hands-on or inquiry-
based learning activities; and
``(vii) improve outcomes and reduce performance gaps for
CTE concentrators, including those who are members of special
populations; and
``(D) how the eligible agency may include the opportunity
for secondary school students to participate in dual or
concurrent enrollment programs, early college high school, or
competency-based education;
``(5) a description of the criteria and process for how the
eligible agency will approve eligible recipients for funds
under this Act, including how--
``(A) each eligible recipient will promote academic
achievement;
``(B) each eligible recipient will promote skill
attainment, including skill attainment that leads to a
recognized postsecondary credential; and
``(C) each eligible recipient will ensure the comprehensive
needs assessment under section 134(c) takes into
consideration local economic and education needs, including,
where appropriate, in-demand industry sectors and
occupations;
``(6) a description of how the eligible agency will support
the recruitment and preparation of teachers, including
special education teachers, faculty, school principals,
administrators, specialized instructional support personnel,
and paraprofessionals to provide career and technical
education instruction, leadership, and support, including
professional development that provides the knowledge and
skills needed to work with and improve instruction for
special populations;
``(7) a description of how the eligible agency will use
State leadership funds under section 124;
``(8) a description of how funds received by the eligible
agency through the allotment made under section 111 will be
distributed--
``(A) among career and technical education at the secondary
level, or career and technical education at the postsecondary
and adult level, or both, including how such distribution
will most effectively provide students with the skills needed
to succeed in the workplace; and
``(B) among any consortia that may be formed among
secondary schools and eligible institutions, and how funds
will be distributed among the members of the consortia,
including the rationale for such distribution and how it will
most effectively provide students with the skills needed to
succeed in the workplace;
``(9) a description of the eligible agency's program
strategies for special populations, including a description
of how individuals who are members of special populations--
``(A) will be provided with equal access to activities
assisted under this Act;
``(B) will not be discriminated against on the basis of
status as a member of a special population;
``(C) will be provided with programs designed to enable
individuals who are members of special populations to meet or
exceed State determined levels of performance described in
section 113, and prepare special populations for further
learning and for high-skill, high-wage, or in-demand industry
sectors or occupations;
``(D) will be provided with appropriate accommodations; and
``(E) will be provided instruction and work-based learning
opportunities in integrated settings that support
competitive, integrated employment;
``(10) a description of the procedure the eligible agency
will adopt for determining State determined levels of
performance described in section 113, which, at a minimum,
shall include--
[[Page S5214]]
``(A) a description of the process for public comment under
section 113(b)(3)(B) as part of the development of the State
determined levels of performance under section 113(b);
``(B) an explanation of the State determined levels of
performance; and
``(C) a description of how the State determined levels of
performance set by the eligible agency align with the levels,
goals, and objectives of other Federal and State laws;
``(11) a description of how the eligible agency will
address disparities or gaps in performance, as described in
section 113(b)(3)(C)(ii)(II), in each of the plan years, and
if no meaningful progress has been achieved prior to the
third program year, a description of the additional actions
the eligible agency will take to eliminate these disparities
or gaps;
``(12) describes how the eligible agency will involve
parents, academic and career and technical education
teachers, administrators, faculty, career guidance and
academic counselors, local business (including small
businesses), labor organizations, and representatives of
Indian Tribes and Tribal organizations, as appropriate, in
the planning, development, implementation, and evaluation of
such career and technical education programs; and
``(13) assurances that--
``(A) the eligible agency will comply with the requirements
of this Act and the provisions of the State plan, including
the provision of a financial audit of funds received under
this Act, which may be included as part of an audit of other
Federal or State programs;
``(B) none of the funds expended under this Act will be
used to acquire equipment (including computer software) in
any instance in which such acquisition results in a direct
financial benefit to any organization representing the
interests of the acquiring entity or the employees of the
acquiring entity, or any affiliate of such an organization;
``(C) the eligible agency will use the funds to promote
preparation for high-skill, high-wage, or in-demand industry
sectors or occupations and non-traditional fields, as
identified by the eligible agency;
``(D) the eligible agency will use the funds provided under
this Act to implement career and technical education programs
and programs of study for individuals in State correctional
institutions, including juvenile justice facilities; and
``(E) the eligible agency will provide local educational
agencies, area career and technical education schools, and
eligible institutions in the State with technical assistance,
including technical assistance on how to close gaps in
student participation and performance in career and technical
education programs; and
``(14) a description of the opportunities for the public to
comment in person and in writing on the State plan under this
subsection.
``(e) Consultation.--
``(1) In general.--The eligible agency shall develop the
portion of each State plan relating to the amount and uses of
any funds proposed to be reserved for adult career and
technical education, postsecondary career and technical
education, and secondary career and technical education after
consultation with--
``(A) the State agency responsible for supervision of
community colleges, technical institutes, other 2-year
postsecondary institutions primarily engaged in providing
postsecondary career and technical education, or, where
applicable, institutions of higher education that are engaged
in providing postsecondary career and technical education as
part of their mission;
``(B) the State agency responsible for secondary education;
and
``(C) the State agency responsible for adult education.
``(2) Objections of state agencies.--If a State agency
other than the eligible agency finds that a portion of the
final State plan is objectionable, that objection shall be
filed together with the State plan. The eligible agency shall
respond to any objections of such State agency in the State
plan submitted to the Secretary.
``(3) Joint signature authority.--A Governor shall have 30
days prior to the eligible agency submitting the State plan
to the Secretary to sign such plan. If the Governor has not
signed the plan within 30 days of delivery by the eligible
agency to the Governor, the eligible agency shall submit the
plan to the Secretary without such signature.
``(f) Plan Approval.--
``(1) In general.--Not later than 120 days after the
eligible agency submits its State plan, the Secretary shall
approve such State plan, or a revision of the plan under
subsection (a)(2) (including a revision of State determined
levels of performance in accordance with section
113(b)(3)(A)(iii)), if the Secretary determines that the
State has submitted in its State plan State determined levels
of performance that meet the criteria established in section
113(b)(3), including the minimum requirements described in
section 113(b)(3)(A)(i)(III), unless the Secretary--
``(A) determines that the State plan does not meet the
requirements of this Act, including the minimum requirements
as described in section 113(b)(3)(A)(i)(III); and
``(B) meets the requirements of paragraph (2) with respect
to such plan.
``(2) Disapproval.--The Secretary--
``(A) shall have the authority to disapprove a State plan
only if the Secretary--
``(i) determines how the State plan fails to meet the
requirements of this Act; and
``(ii) provides to the eligible agency, in writing, notice
of such determination and the supporting information and
rationale to substantiate such determination; and
``(B) shall not finally disapprove a State plan, except
after making the determination and providing the information
described in subparagraph (A), and giving the eligible agency
notice and an opportunity for a hearing.''.
SEC. 123. IMPROVEMENT PLANS.
Section 123 (20 U.S.C. 2343) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``percent of an agreed upon'' and inserting
``percent of the'';
(ii) by striking ``State adjusted level of performance''
and inserting ``State determined level of performance'' each
place the term appears;
(iii) by striking ``section 113(b)(3)'' and inserting
``113(b)(2) for all CTE concentrators'';
(iv) by striking ``(with special consideration to
performance gaps identified under section 113(c)(2))'' and
inserting ``(that includes an analysis of the performance
disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps)'';
(B) in paragraph (2)--
(i) by striking ``State's adjusted levels of performance''
and inserting ``State determined levels of performance''; and
(ii) by striking ``purposes of this Act'' and inserting
``purposes of this section, including after implementation of
the improvement plan described in paragraph (1),'';
(C) in paragraph (3)(A)--
(i) in clause (i), by inserting ``or'' after the semicolon;
and
(ii) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement plan
under paragraph (1), fails to meet at least 90 percent of a
State determined level of performance for such core indicator
for 2 consecutive years after the eligible agency has been
identified for improvement under such paragraph.''; and
(D) by adding at the end the following:
``(5) Adjustments prohibited.--An eligible agency shall not
be eligible to adjust performance levels while executing an
improvement plan under this section.''; and
(2) in subsection (b)--
(A) by striking ``adjusted'' each place the term appears;
(B) in paragraph (2)--
(i) by inserting ``for all CTE concentrators'' after
``section 113(b)(4)''; and
(ii) by striking ``(with special consideration to
performance gaps identified under section
113(b)(4)(C)(ii)(II) in consultation with the eligible
agency,'' and inserting ``(that includes an analysis of the
performance disparities or gaps identified under section
113(b)(3)(C)(ii)(II), and actions that will be taken to
address such gaps) in consultation with local stakeholders
described in section 134(d)(1), the eligible agency, and'';
(C) in paragraph (4)--
(i) in subparagraph (A)--
(I) in clause (i), by inserting ``or'' after the semicolon;
and
(II) by striking clauses (ii) and (iii) and inserting the
following:
``(ii) with respect to any specific core indicator of
performance that was identified in a program improvement plan
under paragraph (2), fails to meet at least 90 percent of the
local level of performance for such core indicator for 2
consecutive years after the eligible recipient has been
identified for improvement under such paragraph.''; and
(ii) in subparagraph (B)--
(I) in clause (i), by striking ``or'' after the semicolon;
(II) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(III) by adding at the end the following:
``(iii) in response to a public request from an eligible
recipient, if the eligible agency determines that the
requirements described in clause (i) or (ii) have been
met.''; and
(D) by adding at the end the following:
``(6) Adjustments prohibited.--An eligible recipient shall
not be eligible to adjust performance levels while executing
an improvement plan under this section.''.
SEC. 124. STATE LEADERSHIP ACTIVITIES.
Section 124 (20 U.S.C. 2344) is amended--
(1) in subsection (a), by striking ``shall conduct State
leadership activities.'' and inserting ``shall--
``(1) conduct State leadership activities to improve career
and technical education, which shall include support for--
``(A) preparation for non-traditional fields in current and
emerging professions, programs for special populations, and
other activities that expose students, including special
populations, to high-skill, high-wage, and in-demand
occupations;
``(B) individuals in State institutions, such as State
correctional institutions, including juvenile justice
facilities, and educational institutions that serve
individuals with disabilities;
``(C) recruiting, preparing, or retaining career and
technical education teachers, faculty, specialized
instructional support personnel, or paraprofessionals, such
as preservice, professional development, or leadership
development programs; and
``(D) technical assistance for eligible recipients; and
``(2) report on the effectiveness of such use of funds in
achieving the goals described in section 122(d)(2) and the
State determined
[[Page S5215]]
levels of performance described in section 113(b)(3)(A), and
reducing disparities or performance gaps as described in
section 113(b)(3)(C)(ii)(II).'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Required'' and
inserting ``Permissible'';
(B) in the matter preceding paragraph (1), by striking
``shall'' and inserting ``may''; and
(C) by striking paragraphs (1) through (9) and inserting
the following:
``(1) developing statewide programs of study, which may
include standards, curriculum, and course development, and
career exploration, guidance, and advisement activities and
resources;
``(2) approving locally developed programs of study that
meet the requirements established in section 122(d)(4)(B);
``(3) establishing statewide articulation agreements
aligned to approved programs of study;
``(4) establishing statewide industry or sector
partnerships among local educational agencies, institutions
of higher education, adult education providers, Indian Tribes
and Tribal organizations that may be present in the State,
employers, including small businesses, and parents, as
appropriate to--
``(A) develop and implement programs of study aligned to
State and local economic and education needs, including, as
appropriate, in-demand industry sectors and occupations;
``(B) facilitate the establishment, expansion, and
integration of opportunities for students at the secondary
level to--
``(i) successfully complete coursework that integrates
rigorous and challenging technical and academic instruction
aligned with the challenging State academic standards adopted
by the State under section 1111(b)(1) of the Elementary and
Secondary Education Act of 1965; and
``(ii) earn a recognized postsecondary credential or credit
toward a recognized postsecondary credential, which may be
earned through a dual or concurrent enrollment program or
early college high school, at no cost to the student or the
student's family; and
``(C) facilitate work-based learning opportunities
(including internships, externships, and simulated work
environments) into programs of study;
``(5) for teachers, faculty, specialized instructional
support personnel, and paraprofessionals providing career and
technical education instruction, support services, and
specialized instructional support services, high-quality
comprehensive professional development that is, to the extent
practicable, grounded in evidence-based research (to the
extent a State determines that such evidence is reasonably
available) that identifies the most effective educator
professional development process and is coordinated and
aligned with other professional development activities
carried out by the State (including under title II of the
Elementary and Secondary Education Act of 1965 and title II
of the Higher Education Act of 1965), including programming
that--
``(A) promotes the integration of the challenging State
academic standards adopted by the State under section
1111(b)(1) of the Elementary and Secondary Education Act of
1965 and relevant technical knowledge and skills, including
programming jointly delivered to academic and career and
technical education teachers;
``(B) prepares career and technical education teachers,
faculty, specialized instructional support personnel, and
paraprofessionals to provide appropriate accommodations for
students who are members of special populations, including
through the use of principles of universal design for
learning, multi-tier systems of supports, and positive
behavioral interventions and support; and
``(C) increases the ability of teachers, faculty,
specialized instructional support personnel, and
paraprofessionals providing career and technical education
instruction to stay current with industry standards and earn
an industry-recognized credential or license, as appropriate,
including by assisting those with relevant industry
experience in obtaining State teacher licensure or credential
requirements;
``(6) supporting eligible recipients in eliminating
inequities in student access to--
``(A) high-quality programs of study that provide skill
development; and
``(B) effective teachers, faculty, specialized
instructional support personnel, and paraprofessionals;
``(7) awarding incentive grants to eligible recipients--
``(A) for exemplary performance in carrying out programs
under this Act, which awards shall be based on--
``(i) eligible recipients exceeding the local level of
performance on a core indicator of performance established
under section 113(b)(4)(A) in a manner that reflects
sustained or significant improvement;
``(ii) eligible recipients effectively developing
connections between secondary education and postsecondary
education and training;
``(iii) the integration of academic and technical
standards;
``(iv) eligible recipients' progress in closing achievement
gaps among subpopulations who participate in programs of
study; or
``(v) other factors relating to the performance of eligible
recipients under this Act as the eligible agency determines
are appropriate; or
``(B) if an eligible recipient elects to use funds as
permitted under section 135(c);
``(8) providing support for--
``(A) the adoption and integration of recognized
postsecondary credentials and work-based learning into
programs of study, and for increasing data collection
associated with recognized postsecondary credentials and
employment outcomes; or
``(B) consultation and coordination with other State
agencies for the identification and examination of licenses
or certifications that--
``(i) pose an unwarranted barrier to entry into the
workforce for career and technical education students; and
``(ii) do not protect the health, safety, or welfare of
consumers;
``(9) the creation, implementation, and support of pay for
success initiatives leading to a recognized postsecondary
credential;
``(10) support for career and technical education programs
for adults and out-of-school youth concurrent with their
completion of their secondary school education in a school or
other educational setting;
``(11) the creation, evaluation, and support of competency-
based curricula;
``(12) support for the development, implementation, and
expansion of programs of study or career pathways in areas
declared to be in a state of emergency under section 501 of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5191);
``(13) partnering with qualified intermediaries to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of
the delivery of high-quality career and technical education;
``(14) improvement of career guidance and academic
counseling programs that assist students in making informed
academic and career and technical education decisions,
including academic and financial aid counseling;
``(15) support for the integration of employability skills
into career and technical education programs and programs of
study;
``(16) support for programs and activities that increase
access, student engagement, and success in science,
technology, engineering, and mathematics fields (including
computer science, coding, and architecture), support for the
integration of arts and design skills, and support for hands-
on learning, particularly for students who are members of
groups underrepresented in such subject fields, such as
female students, minority students, and students who are
members of special populations;
``(17) support for career and technical student
organizations, especially with respect to efforts to increase
the participation of students in nontraditional fields and
students who are members of special populations;
``(18) support for establishing and expanding work-based
learning opportunities that are aligned to career and
technical education programs and programs of study;
``(19) integrating and aligning programs of study and
career pathways;
``(20) supporting the use of career and technical education
programs and programs of study aligned with State, regional,
or local high-skill, high-wage, or in-demand industry sectors
or occupations identified by the State workforce development
board described in section 101 of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3111) or local workforce
development boards;
``(21) making all forms of instructional content widely
available, which may include use of open educational
resources;
``(22) developing valid and reliable assessments of
competencies and technical skills and enhancing data systems
to collect and analyze data on secondary and postsecondary
academic and employment outcomes;
``(23) support for accelerated learning programs, as
described in section 4104(b)(3)(A)(i)(IV) of the Elementary
and Secondary Education Act of 1965, in the case of any such
program that is part of a career and technical education
program of study;
``(24) support for career academies to implement a
postsecondary education and workforce-ready curriculum at the
secondary education level that integrates rigorous academic,
technical, and employability contents through career and
technical education programs and programs of study that
address needs described in the comprehensive needs assessment
under section 134(c); and
``(25) other State leadership activities that improve
career and technical education.'';
(3) by striking subsection (c);
(4) by redesignating subsection (d) as subsection (c); and
(5) in subsection (c), as redesignated by paragraph (4), by
striking the period at the end and inserting ``, unless
expressly authorized under subsection (a).''.
PART C--LOCAL PROVISIONS
SEC. 131. DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION
PROGRAMS.
Section 131 (20 U.S.C. 2351) is amended--
(1) in subsection (a)(3)(B), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education'';
(2) in subsection (c)(2)(A)(ii), by inserting ``or programs
of study'' after ``technical education programs'';
(3) in subsection (g), by inserting ``and programs of
study'' after ``technical education programs''; and
(4) in subsection (h), by striking ``Bureau of Indian
Affairs'' and inserting ``Bureau of Indian Education''.
[[Page S5216]]
SEC. 132. SPECIAL RULES FOR CAREER AND TECHNICAL EDUCATION.
Section 133 (20 U.S.C. 2353) is amended by inserting ``or
programs of study'' after ``career and technical education
programs'' each place the term appears.
SEC. 133. LOCAL APPLICATION FOR CAREER AND TECHNICAL
EDUCATION PROGRAMS.
Section 134 (20 U.S.C. 2354) is amended--
(1) in the section heading, by striking ``local plan'' and
inserting ``local application'';
(2) in subsection (a)--
(A) in the subsection heading, by striking ``Local Plan''
and inserting ``Local Application'';
(B) by striking ``submit a local plan'' and inserting
``submit a local application''; and
(C) by striking ``Such local plan'' and inserting ``Such
local application''; and
(3) by striking subsection (b) and inserting the following:
``(b) Contents.--The eligible agency shall determine the
requirements for local applications, except that each local
application shall contain--
``(1) a description of the results of the comprehensive
needs assessment conducted under subsection (c);
``(2) information on the career and technical education
course offerings and activities that the eligible recipient
will provide with funds under this part, which shall include
not less than 1 program of study approved by a State under
section 124(b)(2), including--
``(A) how the results of the comprehensive needs assessment
described in subsection (c) informed the selection of the
specific career and technical education programs and
activities selected to be funded;
``(B) a description of any new programs of study the
eligible recipient will develop and submit to the State for
approval; and
``(C) how students, including students who are members of
special populations, will learn about their school's career
and technical education course offerings and whether each
course is part of a career and technical education program of
study;
``(3) a description of how the eligible recipient, in
collaboration with local workforce development boards and
other local workforce agencies, one-stop delivery systems
described in section 121(e)(2) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3151(e)(2)), and other
partners, will provide--
``(A) career exploration and career development coursework,
activities, or services;
``(B) career information on employment opportunities that
incorporate the most up-to-date information on high-skill,
high-wage, or in-demand industry sectors or occupations, as
determined by the comprehensive needs assessment described in
subsection (c); and
``(C) an organized system of career guidance and academic
counseling to students before enrolling and while
participating in a career and technical education program;
``(4) a description of how the eligible recipient will
improve the academic and technical skills of students
participating in career and technical education programs by
strengthening the academic and career and technical education
components of such programs through the integration of
coherent and rigorous content aligned with challenging
academic standards and relevant career and technical
education programs to ensure learning in the subjects that
constitute a well-rounded education (as defined in section
8101 of the Elementary and Secondary Education Act of 1965);
``(5) a description of how the eligible recipient will--
``(A) provide activities to prepare special populations for
high-skill, high-wage, or in-demand industry sectors or
occupations that will lead to self-sufficiency;
``(B) prepare CTE participants for non-traditional fields;
``(C) provide equal access for special populations to
career and technical education courses, programs, and
programs of study; and
``(D) ensure that members of special populations will not
be discriminated against on the basis of their status as
members of special populations;
``(6) a description of the work-based learning
opportunities that the eligible recipient will provide to
students participating in career and technical education
programs and how the recipient will work with representatives
from employers to develop or expand work-based learning
opportunities for career and technical education students, as
applicable;
``(7) a description of how the eligible recipient will
provide students participating in career and technical
education programs with the opportunity to gain postsecondary
credit while still attending high school, such as through
dual or concurrent enrollment programs or early college high
school, as practicable;
``(8) a description of how the eligible recipient will
coordinate with the eligible agency and institutions of
higher education to support the recruitment, preparation,
retention, and training, including professional development,
of teachers, faculty, administrators, and specialized
instructional support personnel and paraprofessionals who
meet applicable State certification and licensure
requirements (including any requirements met through
alternative routes to certification), including individuals
from groups underrepresented in the teaching profession; and
``(9) a description of how the eligible recipient will
address disparities or gaps in performance as described in
section 113(b)(3)(C)(ii)(II) in each of the plan years, and
if no meaningful progress has been achieved prior to the
third program year, a description of the additional actions
such recipient will take to eliminate those disparities or
gaps.
``(c) Comprehensive Needs Assessment.--
``(1) In general.--To be eligible to receive financial
assistance under this part, an eligible recipient shall--
``(A) conduct a comprehensive local needs assessment
related to career and technical education and include the
results of the needs assessment in the local application
submitted under subsection (a); and
``(B) not less than once every 2 years, update such
comprehensive local needs assessment.
``(2) Requirements.--The comprehensive local needs
assessment described in paragraph (1) shall include each of
the following:
``(A) An evaluation of the performance of the students
served by the eligible recipient with respect to State
determined and local levels of performance established
pursuant to section 113, including an evaluation of
performance for special populations and each subgroup
described in section 1111(h)(1)(C)(ii) of the Elementary and
Secondary Education Act of 1965.
``(B) A description of how career and technical education
programs offered by the eligible recipient are--
``(i) sufficient in size, scope, and quality to meet the
needs of all students served by the eligible recipient; and
``(ii)(I) aligned to State, regional, Tribal, or local in-
demand industry sectors or occupations identified by the
State workforce development board described in section 101 of
the Workforce Innovation and Opportunity Act (29 U.S.C. 3111)
(referred to in this section as the `State board') or local
workforce development board, including career pathways, where
appropriate; or
``(II) designed to meet local education or economic needs
not identified by State boards or local workforce development
boards.
``(C) An evaluation of progress toward the implementation
of career and technical education programs and programs of
study.
``(D) A description of how the eligible recipient will
improve recruitment, retention, and training of career and
technical education teachers, faculty, specialized
instructional support personnel, paraprofessionals, and
career guidance and academic counselors, including
individuals in groups underrepresented in such professions.
``(E) A description of progress toward implementation of
equal access to high-quality career and technical education
courses and programs of study for all students, including--
``(i) strategies to overcome barriers that result in lower
rates of access to, or performance gaps in, the courses and
programs for special populations;
``(ii) providing programs that are designed to enable
special populations to meet the local levels of performance;
and
``(iii) providing activities to prepare special populations
for high-skill, high-wage, or in-demand industry sectors or
occupations in competitive, integrated settings that will
lead to self-sufficiency.
``(d) Consultation.--In conducting the comprehensive needs
assessment under subsection (c), and developing the local
application described in subsection (b), an eligible
recipient shall involve a diverse body of stakeholders,
including, at a minimum--
``(1) representatives of career and technical education
programs in a local educational agency or educational service
agency, including teachers, career guidance and academic
counselors, principals and other school leaders,
administrators, and specialized instructional support
personnel and paraprofessionals;
``(2) representatives of career and technical education
programs at postsecondary educational institutions, including
faculty and administrators;
``(3) representatives of the State board or local workforce
development boards and a range of local or regional
businesses or industries;
``(4) parents and students;
``(5) representatives of special populations;
``(6) representatives of regional or local agencies serving
out-of-school youth, homeless children and youth, and at-risk
youth (as defined in section 1432 of the Elementary and
Secondary Education Act of 1965);
``(7) representatives of Indian Tribes and Tribal
organizations in the State, where applicable; and
``(8) any other stakeholders that the eligible agency may
require the eligible recipient to consult.
``(e) Continued Consultation.--An eligible recipient
receiving financial assistance under this part shall consult
with stakeholders described in subsection (d) on an ongoing
basis, as determined by the eligible agency. This may include
consultation in order to--
``(1) provide input on annual updates to the comprehensive
needs assessment required under subsection (c)(1)(B);
``(2) ensure programs of study are--
``(A) responsive to community employment needs;
``(B) aligned with employment priorities in the State,
regional, tribal, or local economy
[[Page S5217]]
identified by employers and the entities described in
subsection (d), which may include in-demand industry sectors
or occupations identified by the local workforce development
board;
``(C) informed by labor market information, including
information provided under section 15(e)(2)(C) of the Wagner-
Peyser Act (29 U.S.C. 491-2(e)(2)(C));
``(D) designed to meet current, intermediate, or long-term
labor market projections; and
``(E) allow employer input, including input from industry
or sector partnerships in the local area, where applicable,
into the development and implementation of programs of study
to ensure such programs of study align with skills required
by local employment opportunities, including activities such
as the identification of relevant standards, curriculum,
industry-recognized credentials, and current technology and
equipment;
``(3) identify and encourage opportunities for work-based
learning; and
``(4) ensure funding under this part is used in a
coordinated manner with other local resources.''.
SEC. 134. LOCAL USES OF FUNDS.
Section 135 (20 U.S.C. 2355) is amended to read as follows:
``SEC. 135. LOCAL USES OF FUNDS.
``(a) General Authority.--Each eligible recipient that
receives funds under this part shall use such funds to
develop, coordinate, implement, or improve career and
technical education programs to meet the needs identified in
the comprehensive needs assessment described in section
134(c).
``(b) Requirements for Uses of Funds.--Funds made available
to eligible recipients under this part shall be used to
support career and technical education programs that are of
sufficient size, scope, and quality to be effective and
that--
``(1) provide career exploration and career development
activities through an organized, systematic framework
designed to aid students, including in the middle grades,
before enrolling and while participating in a career and
technical education program, in making informed plans and
decisions about future education and career opportunities and
programs of study, which may include--
``(A) introductory courses or activities focused on career
exploration and career awareness, including non-traditional
fields;
``(B) readily available career and labor market
information, including information on--
``(i) occupational supply and demand;
``(ii) educational requirements;
``(iii) other information on careers aligned to State,
local, or Tribal (as applicable) economic priorities; and
``(iv) employment sectors;
``(C) programs and activities related to the development of
student graduation and career plans;
``(D) career guidance and academic counselors that provide
information on postsecondary education and career options;
``(E) any other activity that advances knowledge of career
opportunities and assists students in making informed
decisions about future education and employment goals,
including non-traditional fields; or
``(F) providing students with strong experience in, and
comprehensive understanding of, all aspects of an industry;
``(2) provide professional development for teachers,
faculty, school leaders, administrators, specialized
instructional support personnel, career guidance and academic
counselors, or paraprofessionals, which may include--
``(A) professional development on supporting individualized
academic and career and technical education instructional
approaches, including the integration of academic and career
and technical education standards and curricula;
``(B) professional development on ensuring labor market
information is used to inform the programs, guidance, and
advisement offered to students, including information
provided under section 15(e)(2)(C) of the Wagner-Peyser Act
(29 U.S.C. 49l-2(e)(2)(C));
``(C) providing teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or
paraprofessionals, as appropriate, with opportunities to
advance knowledge, skills, and understanding of all aspects
of an industry, including the latest workplace equipment,
technologies, standards, and credentials;
``(D) supporting school leaders and administrators in
managing career and technical education programs in the
schools, institutions, or local educational agencies of such
school leaders or administrators;
``(E) supporting the implementation of strategies to
improve student achievement and close gaps in student
participation and performance in career and technical
education programs;
``(F) providing teachers, faculty, specialized
instructional support personnel, career guidance and academic
counselors, principals, school leaders, or paraprofessionals,
as appropriate, with opportunities to advance knowledge,
skills, and understanding in pedagogical practices,
including, to the extent the eligible recipient determines
that such evidence is reasonably available, evidence-based
pedagogical practices;
``(G) training teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, or
paraprofessionals, as appropriate, to provide appropriate
accommodations for individuals with disabilities, and
students with disabilities who are provided accommodations
under the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.)
or the Individuals with Disabilities Education Act;
``(H) training teachers, faculty, specialized instructional
support personnel, career guidance and academic counselors,
and paraprofessionals in frameworks to effectively teach
students, including a particular focus on students with
disabilities and English learners, which may include
universal design for learning, multi-tier systems of
supports, and positive behavioral interventions and support;
or
``(I) training for the effective use of community spaces
that provide access to tools, technology, and knowledge for
learners and entrepreneurs, such as makerspaces or libraries;
``(3) provide within career and technical education the
skills necessary to pursue careers in high-skill, high-wage,
or in-demand industry sectors or occupations;
``(4) support integration of academic skills into career
and technical education programs and programs of study to
support--
``(A) CTE participants at the secondary school level in
meeting the challenging State academic standards adopted
under section 1111(b)(1) of the Elementary and Secondary
Education Act of 1965 by the State in which the eligible
recipient is located; and
``(B) CTE participants at the postsecondary level in
achieving academic skills;
``(5) plan and carry out elements that support the
implementation of career and technical education programs and
programs of study and that result in increasing student
achievement of the local levels of performance established
under section 113, which may include--
``(A) a curriculum aligned with the requirements for a
program of study;
``(B) sustainable relationships among education, business
and industry, and other community stakeholders, including
industry or sector partnerships in the local area, where
applicable, that are designed to facilitate the process of
continuously updating and aligning programs of study with
skills that are in demand in the State, regional, or local
economy, and in collaboration with business outreach staff in
one-stop centers, as defined in section 3 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3102), and other
appropriate organizations, including community-based and
youth-serving organizations;
``(C) where appropriate, expanding opportunities for CTE
concentrators to participate in accelerated learning programs
(as described in section 4104(b)(3)(A)(i)(IV) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
7114(b)(3)(A)(i)(IV)), including dual or concurrent
enrollment programs, early college high schools, and the
development or implementation of articulation agreements as
part of a career and technical education program of study;
``(D) appropriate equipment, technology, and instructional
materials (including support for library resources) aligned
with business and industry needs, including machinery,
testing equipment, tools, implements, hardware and software,
and other new and emerging instructional materials;
``(E) a continuum of work-based learning opportunities,
including simulated work environments;
``(F) industry-recognized certification examinations or
other assessments leading toward a recognized postsecondary
credential;
``(G) efforts to recruit and retain career and technical
education program teachers, faculty, school leaders,
administrators, specialized instructional support personnel,
career guidance and academic counselors, and
paraprofessionals;
``(H) where applicable, coordination with other education
and workforce development programs and initiatives, including
career pathways and sector partnerships developed under the
Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
seq.) and other Federal laws and initiatives that provide
students with transition-related services, including the
Individuals with Disabilities Education Act;
``(I) expanding opportunities for students to participate
in distance career and technical education and blended-
learning programs;
``(J) expanding opportunities for students to participate
in competency-based education programs;
``(K) improving career guidance and academic counseling
programs that assist students in making informed academic and
career and technical education decisions, including academic
and financial aid counseling;
``(L) supporting the integration of employability skills
into career and technical education programs and programs of
study, including through family and consumer science
programs;
``(M) supporting programs and activities that increase
access, student engagement, and success in science,
technology, engineering, and mathematics fields (including
computer science and architecture) for students who are
members of groups underrepresented in such subject fields;
``(N) providing career and technical education, in a school
or other educational setting, for adults or out-of-school
youth to complete secondary school education or upgrade
technical skills;
[[Page S5218]]
``(O) supporting career and technical student
organizations, including student preparation for and
participation in technical skills competitions aligned with
career and technical education program standards and
curricula;
``(P) making all forms of instructional content widely
available, which may include use of open educational
resources;
``(Q) supporting the integration of arts and design skills,
when appropriate, into career and technical education
programs and programs of study;
``(R) partnering with a qualified intermediary to improve
training, the development of public-private partnerships,
systems development, capacity-building, and scalability of
the delivery of high-quality career and technical education;
``(S) support to reduce or eliminate out-of-pocket expenses
for special populations participating in career and technical
education, including those participating in dual or
concurrent enrollment programs or early college high school
programs, and supporting the costs associated with fees,
transportation, child care, or mobility challenges for those
special populations; or
``(T) other activities to improve career and technical
education programs; and
``(6) develop and implement evaluations of the activities
carried out with funds under this part, including evaluations
necessary to complete the comprehensive needs assessment
required under section 134(c) and the local report required
under section 113(b)(4)(B).
``(c) Pooling Funds.--An eligible recipient may pool a
portion of funds received under this Act with a portion of
funds received under this Act available to one or more
eligible recipients to support implementation of programs of
study through the activities described in subsection (b)(2).
``(d) Administrative Costs.--Each eligible recipient
receiving funds under this part shall not use more than 5
percent of such funds for costs associated with the
administration of activities under this section.''.
TITLE II--GENERAL PROVISIONS
SEC. 201. FEDERAL AND STATE ADMINISTRATIVE PROVISIONS.
(a) In General.--The Act (20 U.S.C. 2301 et seq.) is
amended--
(1) in section 311--
(A) in subsection (a), by striking ``and tech prep program
activities''; and
(B) in subsection (b)--
(i) in paragraph (1)--
(I) by amending subparagraph (A) to read as follows:
``(A) In general.--Except as provided in subparagraph (B),
(C), or (D), in order for a State to receive its full
allotment of funds under this Act for any fiscal year, the
Secretary must find that the State's fiscal effort per
student, or the aggregate expenditures of such State, with
respect to career and technical education for the preceding
fiscal year was not less than the fiscal effort per student,
or the aggregate expenditures of such State, for the second
preceding fiscal year.'';
(II) in subparagraph (B), by striking ``shall exclude
capital expenditures, special 1-time project costs, and the
cost of pilot programs.'' and inserting ``shall, at the
request of the State, exclude competitive or incentive-based
programs established by the State, capital expenditures,
special one-time project costs, and the cost of pilot
programs.''; and
(III) by adding at the end the following:
``(D) Establishing the state baseline.--For purposes of
applying subparagraph (A) for years which require the
calculation of the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to career
and technical education for the first full fiscal year
following the date of enactment of the Strengthening Career
and Technical Education for the 21st Century Act, the State
may determine the State's fiscal effort per student, or
aggregate expenditures of such State, with respect to career
and technical education for such first full fiscal year by--
``(i) continuing to use the State's fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, as was in effect
on the day before the date of enactment of the Strengthening
Career and Technical Education for the 21st Century Act; or
``(ii) establishing a new level of fiscal effort per
student, or aggregate expenditures of such State, with
respect to career and technical education, which is not less
than 95 percent of the State's fiscal effort per student, or
the aggregate expenditures of such State, with respect to
career and technical education for the preceding fiscal
year.'';
(ii) by striking paragraph (2) and inserting the following:
``(2) Failure to meet.--
``(A) In general.--The Secretary shall reduce the amount of
a State's allotment of funds under this Act for any fiscal
year in the exact proportion by which the State fails to meet
the requirement of paragraph (1) by falling below the State's
fiscal effort per student or the State's aggregate
expenditures (using the measure most favorable to the State),
if the State failed to meet such requirement (as determined
using the measure most favorable to the State) for 1 or more
of the 5 immediately preceding fiscal years.
``(B) Special rule.--No such lesser amount shall be used
for computing the effort required under paragraph (1) for
subsequent years.
``(3) Waiver.--The Secretary may waive paragraph (2) due to
exceptional or uncontrollable circumstances affecting the
ability of the State to meet the requirement of paragraph (1)
such as a natural disaster or an unforeseen and precipitous
decline in financial resources. No level of funding permitted
under such a waiver may be used as the basis for computing
the fiscal effort or aggregate expenditures required under
this section for years subsequent to the year covered by such
waiver. The fiscal effort or aggregate expenditures for the
subsequent years shall be computed on the basis of the level
of funding that would, but for such waiver, have been
required.'';
(2) in section 314(1), by striking ``career path or major''
and inserting ``career pathway or program of study'';
(3) in section 315--
(A) by inserting ``or programs of study'' after ``career
and technical education programs''; and
(B) by striking ``seventh grade'' and inserting ``the
middle grades (as such term is defined in section 8101 of the
Elementary and Secondary Education Act of 1965)'';
(4) in section 317(b)--
(A) in paragraph (1)--
(i) by inserting ``, including programs of study,'' after
``activities''; and
(ii) by striking ``who reside in the geographical area
served by'' and inserting ``in areas served by''; and
(B) in paragraph (2)--
(i) by striking ``the geographical area'' and inserting
``areas''; and
(ii) by inserting ``, including programs of study,'' after
``activities'';
(5) by striking title II and redesignating title III as
title II;
(6) by redesignating sections 311 through 318, as amended
by this section, as sections 211 through 218, respectively;
(7) by redesignating sections 321 through 324 as sections
221 through 224, respectively; and
(8) by inserting after section 218 (as so redesignated) the
following:
``SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL,
HIGH-WAGE OCCUPATIONS.
``(a) Scope of Study.--The Comptroller General of the
United States shall conduct a study to evaluate--
``(1) the strategies, components, policies, and practices
used by eligible agencies or eligible recipients receiving
funding under this Act to successfully assist--
``(A) all students in pursuing and completing programs of
study aligned to high-skill, high-wage occupations; and
``(B) any special population or specific subgroup of
students identified in section 1111(h)(1)(C)(ii) of the
Elementary and Secondary Education Act of 1965 in pursuing
and completing programs of study aligned to high-skill, high-
wage occupations in fields in which such special population
or subgroup is underrepresented; and
``(2) any challenges associated with replication of such
strategies, components, policies, and practices.
``(b) Consultation.--In carrying out the study conducted
under subsection (a), the Comptroller General of the United
States shall consult with a geographically diverse (including
urban, suburban, and rural) representation of--
``(1) students and parents;
``(2) eligible agencies and eligible recipients;
``(3) teachers, faculty, specialized instructional support
personnel, and paraprofessionals, including those with
expertise in preparing career and technical education
students for non-traditional fields;
``(4) Indian Tribes and Tribal organizations;
``(5) special populations; and
``(6) representatives of business and industry.
``(c) Submission.--Upon completion, the Comptroller General
of the United States shall submit the study conducted under
subsection (a) to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Health, Education, Labor, and Pensions of the Senate.''.
(b) Conforming Amendment.--Section 8(a) (20 U.S.C.
2306a(a)) is amended by striking ``311(b), and 323'' and
inserting ``211(b), and 223''.
TITLE III--AMENDMENTS TO OTHER LAWS
SEC. 301. AMENDMENTS TO THE WAGNER-PEYSER ACT.
Section 15(e)(2) of the Wagner-Peyser Act (29 U.S.C. 49l-
2(e)(2)) is amended--
(1) by striking subparagraph (B) and inserting the
following:
``(B) consult with eligible agencies (defined in section 3
of the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2302)), State educational agencies, and local
educational agencies concerning the provision of workforce
and labor market information in order to--
``(i) meet the needs of secondary school and postsecondary
school students who seek such information; and
``(ii) annually inform the development and implementation
of programs of study defined in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302), and career pathways;'';
(2) in subparagraph (G), by striking ``and'' after the
semicolon;
(3) in subparagraph (H), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
[[Page S5219]]
``(I) provide, on an annual and timely basis to each
eligible agency (defined in section 3 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20 U.S.C. 2302)),
the data and information described in subparagraphs (A) and
(B) of subsection (a)(1).''.
SEC. 302. AMENDMENTS TO THE ELEMENTARY AND SECONDARY
EDUCATION ACT OF 1965.
(1) Section 1111(h)(1)(C)(xiv) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
6311(h)(1)(C)(xiv)) is amended by striking ``attaining career
and technical proficiencies (as defined by section 113(b) of
the Carl D. Perkins Career and Technical Education Act of
2006 (20 U.S.C. 2323(b)) and reported by States only in a
manner consistent with section 113(c) of such Act (20 U.S.C.
2323(c))'' and inserting ``meeting State determined levels of
performance for core indicators, as defined by section
113(b)(3)(A) of the Carl D. Perkins Career and Technical
Education Act of 2006 (20 U.S.C. 2323(b)(3)(A)), and reported
by States only in a manner consistent with section
113(b)(3)(C) of such Act (20 U.S.C. 2323(b)(3)(C))''.
(2) Section 6115(b)(6) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7425(b)(6)) is amended by
striking ``tech-prep education, mentoring,'' and inserting
``mentoring''.
(3) Section 6304(a)(3)(K) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7544(a)(3)(K)) is amended by
striking ``tech-prep,''.
SEC. 303. AMENDMENT TO THE WORKFORCE INNOVATION AND
OPPORTUNITY ACT.
Section 134(c)(2)(A)(vii) of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3174(c)(2)(A)(vii)) is amended by
striking ``school dropouts'' and inserting ``out-of-school
youth''.
____________________