[Pages H723-H958]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPLANATORY STATEMENT SUBMITTED BY MRS. LOWEY OF NEW YORK, CHAIRWOMAN
OF THE HOUSE COMMITTEE ON APPROPRIATIONS, REGARDING H.R. 648,
CONSOLIDATED APPROPRIATIONS ACT, 2019
The following is an explanation of the Consolidated Appropriations
Act, 2019.
This Act includes 6 regular appropriations bills for fiscal
year 2019. The divisions contained in the Act are as follows:
<bullet> Division A--Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2019
<bullet> Division B--Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2019
<bullet> Division C--Financial Services and General
Government Appropriations Act, 2019
[[Page H724]]
<bullet> Division D--Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2019
<bullet> Division E--Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2019
<bullet> Division F--Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2019
<bullet> Division G--Other Matter
Section 1 of the Act is the short title of the bill.
Section 2 of the Act displays a table of contents.
Section 3 of the Act states that, unless expressly provided
otherwise, any reference to ``this Act'' contained in any
division shall be treated as referring only to the provisions
of that division.
Section 4 of the Act states that this explanatory statement
shall have the same effect with respect to the allocation of
funds and implementation of this legislation as if it were a
joint explanatory statement of a committee of conference.
Section 5 of the Act provides a statement of
appropriations.
Section 6 of the Act states that each amount designated by
Congress as being for Overseas Contingency Operations/Global
War on Terrorism (OCO/GWOT) is contingent on the President so
designating all such OCO/GWOT amounts and transmitting such
designations to Congress. The provision is consistent with
the requirements in the Budget Control Act of 2011.
The Act includes language in Division G to provide
departments and agencies funded in the Act with the necessary
authorities to provide backpay to employees as soon as
practicable in accordance with section 1341(c) of title 31,
United States Code (as added by the Government Employee Fair
Treatment Act of 2019). It is the Committee's intent to cover
all required obligations for Federal employees for the period
which began on or about December 22, 2018 during which there
occurred a lapse in appropriations. In addition, Division G
includes language to reimburse State, or other Federal
grantees consistent with prior precedent following a lapse in
appropriations.
The Act does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
by clause 9 of rule XXI of the Rules of the House of
Representatives.
DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2019
CONGRESSIONAL DIRECTIVES
The statement is silent on provisions that were in both the
House Report (H.Rpt. 115-706) and Senate Report (S.Rpt. 115-
259) that remain unchanged, except as noted herein.
The statement notes that executive branch wishes cannot
substitute for Congress's own statements as to the best
evidence of congressional intentions, which are the official
reports of the Congress. The statement further points out
that funds in this Act must be used for the purposes for
which appropriated, as required by section 1301 of title 31
of the United States Code, which provides: ``Appropriations
shall be applied only to the objects for which the
appropriations were made except as otherwise provided by
law.''
The House and Senate report language that is not changed by
the statement is approved and indicates congressional
intentions. This statement, while repeating some report
language for emphasis, does not intend to negate the language
referred to above unless expressly provided herein.
In cases in which the House or the Senate have directed the
submission of a report, such report is to be submitted to
both the House and Senate Committees on Appropriations no
later than 60 days after enactment of this Act, unless
otherwise directed.
Hereafter, in division A of this statement, the term the
Committees' refers to the Committees on Appropriations of the
House of Representatives and the Senate.
For the appropriations provided by this Act and previous
Acts, the departments and agencies funded by this bill are
reminded that the Committees use the definitions for
transfer, reprogramming, and program, project, and activity
as defined by the Government Accountability Office (GAO) in
GAO-04-261SP Appropriations Law--Vol. I and GAO-05-734SP
Budget Glossary.
A transfer is the shifting of funds between appropriations.
It applies to (1) transfers from one agency to another, (2)
transfers from one account to another within the same agency,
and (3) transfers to an interagency or intra-agency working
fund. In each instance, statutory authority is required.
Reprogramming is the utilization of funds in an
appropriation account for purposes other than those
contemplated at the time of appropriation. It is the shifting
of funds from one object to another within an appropriation.
A program, project, or activity (PPA) is an element within
a budget account. PPAs are identified by reference to include
the most specific level of budget items identified in the
Agriculture, Rural Development, Food and Drug Administration,
and Related Agencies Act, 2019, accompanying Committee
reports, explanatory statements, the Statement of Managers,
and budget justifications. Program activity structures are
intended to provide a meaningful representation of the
operations financed by a specific budget account by project,
activity, or organization.
For fiscal year 2019, the Committees continue to include
bill language requiring advanced notification of certain
agency actions. Notification will be required at least 30
days in advance of any action if (1) a major capital
investment is modified; (2) an office is realigned or
reorganized; and (3) activities are carried out that were not
described in the budget request.
The statement directs the Office of Budget and Program
Analysis (OBPA) of the U.S. Department of Agriculture (USDA)
to provide an organizational chart for each agency funded by
this Act to the division and subdivision level, as
appropriate, by March 1, 2019.
The statement also directs the Food and Drug Administration
(FDA) and the Farm Credit Administration (FCA) to provide an
organizational chart of each agency respectively to the
division and subdivision level, as appropriate, by March 1,
2019.
Further, USDA and FDA should be mindful of Congressional
authority to determine and set final funding levels for
fiscal year 2020. Therefore, the agencies should not
presuppose program funding outcomes and prematurely initiate
action to redirect staffing prior to knowing final outcomes
on fiscal year 2020 program funding. The statement directs
OBPA to provide the Committees with the number of staff years
and employees on board for each agency funded by this Act on
a quarterly basis.
TITLE I
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
Office of the Secretary
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $46,603,000 for the Office of the
Secretary.
In addition to updates provided to the Committees, the
Department is directed to include in its fiscal year 2020
Congressional Justification, as a single exhibit, a table
listing all deliverables, with a column for due dates if
applicable.
The bill includes continued investment towards providing
access to high-speed broadband infrastructure and services to
rural areas of the United States. The bill continues to
provide resources for broadband deployment through the
Broadband Loan program, Community Connect grant program,
Distance Learning and Telemedicine program and an additional
$550,000,000 for the broadband pilot program established in
section 779 of division A of the Consolidated Appropriations
Act, 2018 (Public Law 115-141). To ensure these investments
are maximized, the Department is reminded to avoid efforts
that could duplicate existing networks built by private
investment or those built leveraging and utilizing other
federal programs; the Secretary of Agriculture is directed to
coordinate with the Federal Communications Commission (FCC)
and the National Telecommunications Information
Administration (NTIA) to ensure wherever possible that
broadband loans and grants issued under the broadband
programs are targeted to areas that are currently unserved.
In particular, USDA is directed to utilize the NTIA's
assessment of the current state of broadband access
nationwide, which includes the identification of existing
infrastructure, gaps, and opportunities for more efficient
deployment.
In implementing a strategy for broadband deployment to
unserved communities, the Department shall explore utilizing
all technologies, including but not limited to, fiber, cable
modem, fixed wireless, and television white space as a means
of building sustainable rural infrastructure for the modern
economy. The amounts made available for the broadband pilot
program, as with the Rural Economic Development Loan Program
shall remain available until expended.
The Secretary is encouraged to work with stakeholders to
develop accepted remediation protocols that will allow for
the repurposing of poultry growing facilities into controlled
environment agriculture facilities safe for food production.
There is bill language authorizing a law enforcement
protection operation for the Secretary and other officials of
the Department, reflecting a finding that the Department has
a bona fide security concern relative to providing a law
enforcement protection operation, including secure
transportation for both official and personal purposes.
There is concern about the unknown costs associated with
the proposed move of the National Institutes of Food and
Agriculture and the Economic Research Service to a new
location outside of the National Capital Region. In
submitting the fiscal year 2020 budget justification, the
Department is directed to include all cost estimates for the
proposed move of the two agencies, as well as a detailed
analysis of any research benefits of their relocation. There
is an expectation that this process will be followed in the
future for any other potential proposed agency relocations by
the Department.
The Department is directed to delay indefinitely the
proposed transfer of ERS to the Office of the Chief
Economist. At this time, it is appropriate for ERS to remain
under the Research, Education and Economics mission area, as
several questions remain about the merits of the proposed
transfer as well as the proposed relocation of ERS outside of
the National Capital Region. Insufficient information and
justification relating to the reorganization and relocation
make moving forward on these proposals premature at this
time.
[[Page H725]]
The cost-benefit analysis of the National Finance Center
and accompanying sufficiency review by the Comptroller
General of the United States, as directed in P.L. 115-141, is
awaited. The Department is reminded of enacted language
prohibiting the initiating, planning, developing,
implementing, or making of 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.
The following table reflects the bill:
OFFICE OF THE SECRETARY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Secretary.................................... $5,051
Assistant to the Secretary for Rural Development........... 800
Office of Homeland Security................................ 1,496
Office of Partnerships and Public Engagement............... 4,711
Office of Assistant Secretary for Administration........... 875
Departmental Administration................................ 22,301
Office of Assistant Secretary for Congressional Relations.. 3,869
Office of Communications................................... 7,500
------------
Total, Office of the Secretary......................... $46,603
------------------------------------------------------------------------
Executive Operations
OFFICE OF THE CHIEF ECONOMIST
The bill provides $21,286,000 for the Office of the Chief
Economist.
There is an increase of $1,000,000 for policy research
under 7 U.S.C. 3155 as well as an increase of $500,000 to
support the growing needs of economic and policy analysis
required for multilateral and bilateral trade initiatives.
The amount includes $2,869,000 for the Office of Pest
Management Policy.
OFFICE OF HEARINGS AND APPEALS
The bill provides $15,222,000 for the Office of Hearings
and Appeals.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
The bill provides $9,525,000 for the Office of Budget and
Program Analysis.
Office of the Chief Information Officer
The bill provides $55,630,000 for the Office of the Chief
Information Officer, including $38,000,000 for cybersecurity
activities.
Office of the Chief Financial Officer
The bill provides $6,028,000 for the Office of the Chief
Financial Officer.
Office of the Assistant Secretary for Civil Rights
The bill provides $901,000 for the Office of the Assistant
Secretary for Civil Rights.
Office of Civil Rights
The bill provides $24,206,000 for the Office of Civil
Rights.
Agriculture Buildings and Facilities
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $59,967,000 for Agriculture Buildings and
Facilities.
Hazardous Materials Management
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $3,503,000 for Hazardous Materials
Management.
Office of Inspector General
The bill provides $98,208,000 for the Office of Inspector
General.
Office of the General Counsel
The bill provides $45,146,000 for the Office of General
Counsel.
The bill provides an increase of $600,000 for international
trade activities.
Office of Ethics
The bill provides $4,136,000 for the Office of Ethics.
Office of the Under Secretary for Research, Education, and Economics
The bill provides $800,000 for the Office of the Under
Secretary for Research, Education, and Economics.
Economic Research Service
The bill provides $86,757,000 for the Economic Research
Service.
National Agricultural Statistics Service
The bill provides $174,517,000 for the National
Agricultural Statistics Service, including up to $45,300,000
for the Census of Agriculture.
An additional $600,000 is provided for the Geospatial
Improvement Initiative and an increase of $500,000 for the
Floriculture Crops Report.
Agricultural Research Service
SALARIES AND EXPENSES
The bill provides $1,303,266,000 for the Agricultural
Research Service (ARS), Salaries and Expenses.
The President's budget request regarding the termination of
research programs, redirections of research programs, or
closure of research locations is not accepted. Extramural
research shall be funded at no less than the fiscal year 2018
levels. There are funding increases for cotton ginning,
alfalfa, small grains genomics, postharvest dairy research,
marine aquaculture seedstock, sugarcane, high performance
computing, sugar beets, salmonella, the Pollinator Center,
warmwater aquaculture, poultry, fruit fly and exotic pest
control, chronic wasting disease, the Pulse Crop Health
Initiative, coffee germplasm, citrus germplasm, feed
enhancement, food systems at land-grant institutions,
greenhouse technology, long-term agro-ecosystem research,
hops research, resilient dryland research, wheat and sorghum,
shellfish genetics, sudden oak death, industrial hemp, oats,
cranberry and blueberry research, whitefly research, and
human nutrition.
It is recognized that the Department proposes to transfer
the responsibility for operational planning, and future
operations of the National Bio and Agro-Defense Facility
(NBAF) to USDA and support the fiscal year 2019 funding
request to allow NBAF to be fully operational by December 31,
2022. The efforts of the joint DHS/USDA transition team
working to identify and outline transition activities to
address all requirements for the timely operational stand-up
of NBAF are appreciated. The bill provides $10,600,000 to
address one-time costs associated with the transfer of the
science program from the Plum Island Animal Disease Center to
NBAF and $42,000,000 to address stand-up activities and other
initial costs to operate and maintain the facility.
NBAF will provide the U.S. with expanded capacity to
implement a comprehensive biodefense research program to
protect against foreign animal diseases that pose the
greatest threats to animal agriculture and public health. The
bill provides an additional $5,000,000 for ARS to increase
research efforts on foreign animal diseases and emerging
diseases with high consequence to animal and public health.
The Committees have read the quarterly reports on animal
welfare issues submitted by ARS. While providing helpful
information, on some issues, ARS did not report a single
specific negative finding by APHIS inspectors, despite the
fact that numerous violations have been found involving the
death of numerous animals and serious health issues of many
more. The failure to report these problems to the Committees
is unacceptable. ARS is directed to submit a single report
covering all violations found by APHIS to date and the
specific actions taken to prevent them from recurring within
60 days of enactment. It is also directed to continue to
submit quarterly reports that include all violations found by
APHIS during that quarter and the specific actions that will
be taken to prevent their recurrence. The quarterly reports
shall also include each issue found by APHIS inspectors at
the pre-compliance inspections of newly-covered research
activities and the remedial actions taken.
The need for advancements in dryland production practices,
cropping, and equipment to increase profitability, conserve
the soil, enhance soil water storage, promote soil health,
and decrease reliance on herbicides is recognized. The bill
provides an additional $2,000,000 to expand research focused
on resilient dryland farming.
BUILDINGS AND FACILITIES
The bill provides $381,200,000 for ARS Buildings and
Facilities for the next highest priorities identified on the
2012 USDA ARS Capital Investment Strategy and 2015 ARS Co-
located Cooperator Facility Report.
National Institute of Food and Agriculture
RESEARCH AND EDUCATION ACTIVITIES
The bill provides $927,649,000 for the National Institute
of Food and Agriculture, Research and Education Activities.
There is bill language providing $5,000,000 for grants to
the three Centers of Excellence established at the 1890 Land
Grant Universities on the occasion of the 125th anniversary
of the Second Morrill Act of 1890.
The following table reflects the bill:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE RESEARCH AND EDUCATION
ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Hatch Act.......................... 7 U.S.C. 361a-i....... $259,000
McIntire-Stennis Cooperative 16 U.S.C. 582a through 36,000
Forestry Act. a-7.
Research at 1890 Institutions 7 U.S.C. 3222......... 58,000
(Evans-Allen Program).
Payments to the 1994 Institutions.. 7 U.S.C. 301 note..... 3,439
Education Grants for 1890 7 U.S.C. 3152(b)...... 19,336
Institutions.
Education Grants for Hispanic- 7 U.S.C. 3241......... 9,219
Serving Institutions.
Education Grants for Alaska Native 7 U.S.C. 3156......... 3,194
and Native Hawaiian- Serving
Institutions.
Research Grants for 1994 7 U.S.C. 301 note..... 3,801
Institutions.
Capacity Building for Non Land- 7 U.S.C. 3319i........ 5,000
Grant Colleges of Agriculture.
Grants for Insular Areas........... 7 U.S.C. 3222b-2, 3362 2,000
and 3363.
Agriculture and Food Research 7 U.S.C. 450i(b)...... 415,000
Initiative.
Veterinary Medicine Loan Repayment. 7 U.S.C. 3151a........ 8,000
Veterinary Services Grant Program.. 7 U.S.C. 3151b........ 3,000
Continuing Animal Health and 7 U.S.C. 3195......... 4,000
Disease Research Program.
[[Page H726]]
Supplemental and Alternative Crops. 7 U.S.C. 3319d........ 1,000
Multicultural Scholars, Graduate 7 U.S.C. 3152(b)...... 9,000
Fellowship and Institution
Challenge Grants.
Secondary and 2-year Post-Secondary 7 U.S.C. 3152(j)...... 900
Education.
Aquaculture Centers................ 7 U.S.C. 3322......... 5,000
Sustainable Agriculture Research 7 U.S.C. 5811, 5812, 37,000
and Education. 5831, and 5832.
Farm Business Management........... 7 U.S.C. 5925f........ 2,000
Sun Grant Program.................. 7 U.S.C. 8114......... 3,000
Alfalfa and Forage Research Program 7 U.S.C. 5925......... 3,000
Minor Crop Pest Management (IR-4).. 7 U.S.C. 450i(c)...... 11,913
Special Research Grants:........... 7 U.S.C. 450i(c)......
Global Change/UV Monitoring.... ...................... 1,405
Potato Research................ ...................... 2,750
Aquaculture Research........... ...................... 2,000
------------------------------------
Total, Special Research ...................... 6,155
Grants.
Necessary Expenses of Research and
Education Activities:
Grants Management System........... ...................... 7,830
Federal Administration--Other ...................... 11,862
Necessary Expenses for Research
and Education Activities.
Total, Necessary Expenses.. ...................... 19,692
------------------------------------
Total, Research and ...................... $927,649
Education Activities.
------------------------------------------------------------------------
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
The bill provides $11,880,000 for the Native American
Institutions Endowment Fund.
EXTENSION ACTIVITIES
The bill provides $505,692,000 for the National Institute
of Food and Agriculture, Extension Activities.
The bill provides $3,000,000 for the Rural Health and
Safety Education Program to address the opioid abuse epidemic
and to combat opioid abuse in rural communities.
The following table reflects the bill:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE EXTENSION ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Smith-Lever, Section 3(b) and (c) 7 U.S.C. 343(b) and $315,000
programs and Cooperative Extension. (c) and 208(c) of
P.L. 93-471.
Extension Services at 1890 7 U.S.C. 3221......... 48,620
Institutions.
Extension Services at 1994 7 U.S.C. 343(b)(3).... 6,446
Institutions.
Facility Improvements at 1890 7 U.S.C. 3222b........ 19,730
Institutions.
Renewable Resources Extension Act.. 16 U.S.C. 1671 et seq. 4,060
Rural Health and Safety Education 7 U.S.C. 2662(i)...... 3,000
Programs.
Food Animal Residue Avoidance 7 U.S.C. 7642......... 2,500
Database Program.
Women and Minorities in STEM Fields 7 U.S.C. 5925......... 400
Food Safety Outreach Program....... 7 U.S.C. 7625......... 8,000
Food & Ag Service Learning......... 7 U.S.C. 7633......... 1,000
Farmer Stress Assistance Network... ...................... 2,000
Smith-Lever, Section 3(d):......... 7 U.S.C. 343(d).......
Food and Nutrition Education... ...................... 69,000
Farm Safety and Youth Farm ...................... 4,610
Safety Education Programs.
New Technologies for ...................... 1,550
Agricultural Extension.
Children, Youth, and Families at ...................... 8,395
Risk.
Federally Recognized Tribes ...................... 3,039
Extension Program.
------------------------------------
Total, Section 3(d)........ ...................... 86,594
Necessary Expenses of Extension
Activities:
Agriculture in the K-12 Classroom.. 7 U.S.C. 3152(j)...... 552
Federal Administration--Other ...................... 7,790
Necessary Expenses for Extension
Activities.
Total, Necessary Expenses.. ...................... 8,342
------------------------------------
Total, Extension Activities ...................... $505,692
------------------------------------------------------------------------
INTEGRATED ACTIVITIES
The bill provides $38,000,000 for the National Institute of
Food and Agriculture, Integrated Activities.
The following table reflects the amounts provided by the
bill:
NATIONAL INSTITUTE OF FOOD AND AGRICULTURE INTEGRATED ACTIVITIES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Methyl Bromide Transition Program.. 7 U.S.C. 7626......... $2,000
Organic Transition Program......... 7 U.S.C. 7626......... 6,000
Regional Rural Development Centers. 7 U.S.C. 450i(c)...... 2,000
Food and Agriculture Defense 7 U.S.C. 3351......... 8,000
Initiative.
Crop Protection/Pest Management 7 U.S.C. 7626......... 20,000
Program.
------------------------------------
Total, Integrated Activities... ...................... $38,000
------------------------------------------------------------------------
Office of the Under Secretary for Marketing and Regulatory Programs
The bill provides $901,000 for the Office of the Under
Secretary for Marketing and Regulatory Programs.
Animal and Plant Health Inspection Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,011,136,000 for the Animal and Plant
Health Inspection Service (APHIS), Salaries and Expenses.
There is a net increase of $34,243,000 for high priority
initiatives in order to protect the plant and animal
resources of the Nation from pests and diseases. Within the
increase total, the following is provided: $800,000 for the
Equine, Cervid, and Small Ruminant Health program to help
address chronic wasting disease and support for the National
Scrapie Eradication Program; $10,600,000 for the Veterinary
Diagnostics program to carry out the science program at the
National Bio- and Agro-defense Facility program; $1,000,000
for Agricultural Quarantine Inspection in support of pre-
departure and interline inspection efforts; $2,500,000 for
Field Crop and Rangeland Ecosystems Pests in order to control
or eradicate pests destroying Roseau cane in wetlands near
the Mississippi River Delta as well as funds for APHIS to
partner with states in the control and eradication of the
cogongrass weed; $12,843,000 for Specialty Crop Pests,
including $12,000,000 for the control or eradication of the
spotted lanternfly; $4,000,000 for Tree and Wood Pests;
$500,000 for Animal Welfare; and, $2,000,000 for the Overseas
Technical and Trade Operations Program to assist U.S.
producers whose agricultural exports are blocked due to
unfair sanitary and phytosanitary issues.
APHIS is directed to send copies of all inspection reports
for current ARS facilities
[[Page H727]]
and newly covered ARS facilities, including pre-compliance
reports, to the Committees.
No less than $4,000,000 for cervid health activities is
provided. Within the funds provided, APHIS should give
consideration to indemnity payments if warranted.
Efforts to address potential gaps in farm-specific
antimicrobial resistance data are supported. At the same
time, the Agency is reminded that any information collected
on-farm should be done through the National Animal Health
Monitoring System (NAHMS), keeping respondents anonymous and
ensuring that all information collected is protected from
release or distribution in a manner that could identify an
individual respondent.
There is concern about the invasive species scale insect
pest that is destroying Roseau cane in the Mississippi
River's Delta region along the Gulf of Mexico. APHIS is
directed to continue work with the Agricultural Research
Service (ARS) and stakeholders and provide an additional
$500,000 to further develop an integrated management program
for control of the Roseau cane scale insect pest infestation.
The bill includes $28,000,000 under Wildlife Damage
Management for national rabies management, surveillance, and
eradication efforts and $2,000,000 for Wildlife Services
education and training. It also provides $1,600,000 for
combatting wildlife depredation to catfish production and
maintain fiscal year 2018 funding levels for feral swine
surveillance. Additionally, no less than $250,000 should be
available for the agency to reduce blackbird depredation in
the Northern Great Plains.
The bill provides provide $2,000,000 for APHIS to partner
with state departments of agriculture and forestry
commissions in states considered to be the epicenter of
infestations, to assist with control and treatment of
cogongrass in order to slow the advancing front of this
invasive plant-pest species and its impact on forest
productivity, wildlife habitat, and private landowners.
The following table reflects the bill:
ANIMAL AND PLANT HEALTH INSPECTION SERVICE
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Animal Health Technical Services........................... $37,857
Aquatic Animal Health...................................... 2,253
Avian Health............................................... 62,840
Cattle Health.............................................. 96,500
Equine, Cervid & Small Ruminant Health..................... 20,800
National Veterinary Stockpile.............................. 5,725
Swine Health............................................... 24,800
Veterinary Biologics....................................... 16,417
Veterinary Diagnostics..................................... 50,140
Zoonotic Disease Management................................ 16,523
------------
Subtotal, Animal Health................................ 333,855
Agricultural Quarantine Inspection (Appropriated).......... 32,330
Cotton Pests............................................... 11,520
Field Crop & Rangeland Ecosystems Pests.................... 11,826
Pest Detection............................................. 27,446
Plant Protection Methods Development....................... 20,686
Specialty Crop Pests....................................... 186,013
Tree & Wood Pests.......................................... 60,000
------------
Subtotal, Plant Health................................. 349,821
Wildlife Damage Management................................. 108,376
Wildlife Services Methods Development...................... 18,856
------------
Subtotal, Wildlife Services............................ 127,232
Animal & Plant Health Regulatory Enforcement............... 16,224
Biotechnology Regulatory Services.......................... 18,875
------------
Subtotal, Regulatory Services.......................... 35,099
Contingency Fund........................................... 470
Emergency Preparedness & Response.......................... 40,966
------------
Subtotal, Emergency Management......................... 41,436
Agriculture Import/Export.................................. 15,599
Overseas Technical & Trade Operations...................... 24,115
------------
Subtotal, Safe Trade................................... 39,714
Animal Welfare............................................. 31,310
Horse Protection........................................... 705
------------
Subtotal, Animal Welfare............................... 32,015
APHIS Information Technology Infrastructure................ 4,251
Physical/Operational Security.............................. 5,146
Rent and DHS Security Payments............................. 42,567
------------
Subtotal, Agency Management............................ 51,964
------------
Total, Direct Appropriation........................ $1,011,136
------------------------------------------------------------------------
BUILDINGS AND FACILITIES
The bill provides $3,175,000 for APHIS Buildings and
Facilities.
Agricultural Marketing Service
MARKETING SERVICES
The bill provides $159,095,000 for Agricultural Marketing
Service.
The bill includes $4,000,000 for the Acer Access and
Development Program; $1,500,000 for marketing activities
relating to dairy products; $2,000,000 for the continued
implementation of the National Bioengineered Food Disclosure
Standard; an increase of $2,000,000 for the National Organic
Program; and $1,000,000 for rural infrastructure.
LIMITATION ON ADMINISTRATIVE EXPENSES
The bill includes a limitation on administrative expenses
of $61,227,000.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY (SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $20,705,000 for Funds for Strengthening
Markets, Income, and Supply.
The following table reflects the status of this fund for
fiscal year 2019:
ESTIMATED TOTAL FUNDS AVAILABLE AND BALANCE CARRIED FORWARD
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Appropriation (30% of Customs Receipts)................. $10,624,198
Less Transfers:
Food and Nutrition Service.......................... -9,092,218
Commerce Department................................. -157,980
---------------
Total, Transfers.................................... -9,250,198
Budget Authority, Farm Bill......................... 1,374,000
Appropriations Temporarily Reduced--Sequestration....... -74,400
---------------
Budget Authority, Appropriations Act................ 1,299,600
Less Obligations:
Child Nutrition Programs (Entitlement Commodities).. 485,000
State Option Contract............................... 5,000
Removal of Defective Commodities.................... 2,500
Disaster Relief..................................... 5,000
Additional Fruits, Vegetables, and Nuts Purchases... 206,000
Fresh Fruit and Vegetable Program................... 174,000
Estimated Future Needs.............................. 365,542
---------------
Total, Commodity Procurement............................ 1,243,042
Administrative Funds:
Commodity Purchase Support.......................... 35,853
Marketing Agreements and Orders..................... 20,705
Total, Administrative Funds......................... 56,558
---------------
Total Obligations............................... $1,299,600
------------------------------------------------------------------------
PAYMENTS TO STATES AND POSSESSIONS
The bill provides $1,235,000 for Payments to States and
Possessions.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
The bill includes a limitation on inspection and weighing
services expenses of $55,000,000.
Office of the Under Secretary for Food Safety
The bill provides $800,000 for the Office of the Under
Secretary for Food Safety.
Food Safety and Inspection Service
The bill provides $1,049,344,000 for the Food Safety and
Inspection Service (FSIS).
The following table reflects the bill:
FOOD SAFETY AND INSPECTION SERVICE
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Federal................................................. $936,324
State................................................... 61,682
International........................................... 16,758
Public Health Data Communications Infrastructure System. 34,580
---------------
Total, Food Safety and Inspection Service........... $1,049,344
------------------------------------------------------------------------
TITLE II
FARM PRODUCTION AND CONSERVATION PROGRAMS
Office of the Under Secretary for Farm Production and Conservation
The bill provides $901,000 for the Office of the Under
Secretary for Farm Production and Conservation.
Farm Production and Conservation Business Center
Salaries and Expenses
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $216,350,000 for the Farm Production and
Conservation (FPAC) Business Center. In addition, $16,081,000
is transferred from the Agricultural Credit Insurance Fund
and $60,228,000 is transferred from the Commodity Credit
Corporation.
The streamlined efficiencies of the Farm Production and
Conservation (FPAC) mission area and the Department's
submission of a detailed plan on August 28, 2018, that
illustrates the consolidated services and human resources
under the FPAC Business Center are appreciated. As such, the
requested funding for the FPAC Business Center is provided,
with corresponding reductions in administrative funding for
each of the three agencies under the FPAC mission area.
Funding shifts are as follows: $128,491,000 from the Farm
Service Agency, $70,801,000 from the Natural Resources and
Conservation Service, and $17,058,000 from the Risk
Management Agency. In order to maintain equity of service
across the respective agencies and demonstrate improved
performance of services, FPAC is directed to establish
results-oriented performance agreements with each of the
three agencies.
Farm Service Agency
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,081,655,000 for Farm Service Agency,
Salaries and Expenses.
Shifts in funding for the FSA Salaries and Expenses account
are provided as reflected by the President's Budget request
to fund the FPAC Business Center. Funding for the FPAC
Information Portal is provided. Additionally, not less than
$20,000,000 is for the hiring of farm loan officers and
county office trainees and county office staff and not less
than $8,000,000 shall be for the hiring of farm loan
officers.
The following table reflects the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Salaries and expenses...................................... $1,081,655
Transfer from P.L. 480................................. 142
Transfer from export loans............................. 2,463
Transfer from ACIF..................................... 290,917
------------
Total, FSA Salaries and expenses................... $1,375,177
------------------------------------------------------------------------
STATE MEDIATION GRANTS
The bill provides $3,904,000 for State Mediation Grants.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
The bill provides $6,500,000 for the Grassroots Source
Water Protection Program.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
The bill provides $500,000 for the Dairy Indemnity Program.
[[Page H728]]
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $7,987,668,000 for the ACIF program
account. The following table reflects the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan Authorizations:
Farm Ownership Loans:
Direct................................................. $1,500,000
Guaranteed............................................. 2,750,000
------------
Subtotal, Farm Ownership Loans......................... 4,250,000
Farm Operating Loans:
Direct................................................. 1,530,000
Unsubsidized Guaranteed................................ 1,960,000
------------
Subtotal, Farm Operating Loans......................... 3,490,000
Emergency Loans............................................ 37,668
Indian Tribe Land Acquisition Loans........................ 20,000
Conservation Loans-Guaranteed.............................. 150,000
Indian Highly Fractionated Land............................ 10,000
Boll Weevil Eradication.................................... 30,000
------------
Total, Loan Authorizations......................... 7,987,668
Loan Subsidies:
Farm Operating Loan Subsidies:
Direct................................................. 59,670
Unsubsidized Guaranteed................................ 21,168
------------
Subtotal, Farm Operating Subsidies..................... 80,838
Emergency Loans............................................ 1,567
Indian Highly Fractionated Land............................ 2,134
------------
Total, Loan Subsidies.............................. 84,539
ACIF Expenses:
Salaries and Expenses.................................. 290,917
Administrative Expenses................................ 10,070
Transfer to FPAC Business Center....................... 16,081
------------
Total, ACIF Expenses............................... $317,068
------------------------------------------------------------------------
Risk Management Agency
SALARIES AND EXPENSES
The bill provides $58,361,000 for the Risk Management
Agency (RMA), Salaries and Expenses.
Natural Resources Conservation Service
CONSERVATION OPERATIONS
The bill provides $819,492,000 for Conservation Operations.
The bill provides $9,400,000 for the Snow Survey and Water
Forecasting Program; $9,481,000 for the Plant Materials
Centers; $74,685,000 for the Soil Surveys Program; and
$725,926,000 for Conservation Technical Assistance.
NRCS' ongoing work to prevent soil erosion leading to
harmful algal blooms through the introduction of cover crops
is appreciated and NRCSA is encouraged to continue targeting
of watersheds where harmful algal blooms pose a threat. In
addition, no less than $5,000,000 shall be provided to
support cooperative agreements focused on innovative
phosphorus removal strategies where agricultural runoff has
contributed nutrients to a waterbody. Such work shall be
conducted in consultation with the National Institute for
Food and Agriculture and the Agricultural Research Service.
In carrying out the programs under section 524(b) of the
Federal Crop Insurance Act, the Secretary is encouraged to
establish multi-year pilot projects to provide financial and
technical assistance to farms regulated under the FSMA
Produce Safety Rule for capital improvements to address on-
farm agricultural water concerns, including irrigation
systems and other conservation practices to improve water
quality and soil health. Payment limits and other provisions
of the AMA program will apply.
There is concern about the number of staff vacancies at
NRCS, as unfilled state-level positions are creating delays
in application approval and the deployment of important
conservation funding. NRCS is directed to provide a report no
later than 90 days after enactment of this Act updating the
Committees on staffing levels at each NRCS office across the
country, by location, including vacancies that have remained
unfilled for more than 6 months, plan to fill those
vacancies, and the workload analysis that demonstrates the
total number of employees needed compared to the national
staffing cap.
Support is indicated for irrigation agriculture and NRCS is
encouraged to leverage all possible funding streams to
support the expansion of on-farm irrigation in regions that
have previously not had widespread irrigation systems,
specifically in the Southeast United States. NRCS is directed
to focus efforts on the development of conservation and
irrigation techniques to reduce water usage in agriculture
production while maintaining crop quality and yield in rural
America.
WATERSHED AND FLOOD PREVENTION OPERATIONS
The bill provides $150,000,000 for Watershed and Flood
Prevention Operations.
WATERSHED REHABILITATION PROGRAM
The bill provides $10,000,000 for the Watershed
Rehabilitation Program.
CORPORATIONS
Federal Crop Insurance Corporation Fund
The bill provides such sums as may be necessary for the
Federal Crop Insurance Corporation Fund.
Commodity Credit Corporation Fund
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
The bill provides such sums as may be necessary for
Reimbursement for Net Realized Losses of the Commodity Credit
Corporation.
hazardous waste management
(limitation on expenses)
The bill provides a limitation of $5,000,000 for Hazardous
Waste Management.
TITLE III
RURAL DEVELOPMENT PROGRAMS
Rural Development
salaries and expenses
(including transfers of funds)
The bill provides $236,835,000 for Rural Development,
Salaries and Expenses, including $6,000,000 for information
technology investments.
Rural Housing Service
rural housing insurance fund program account
(including transfers of funds)
The bill provides a total subsidy of $510,317,000 for
activities under the Rural Housing Insurance Fund Program
Account.
The following table indicates loan, subsidy, and grant
levels provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Single family housing (sec. 502)
Direct................................................. $1,000,000
Unsubsidized guaranteed................................ 24,000,000
Housing repair (sec. 504).................................. 28,000
Rental housing (sec. 515).................................. 40,000
Multi-family guaranteed (sec. 538)......................... 230,000
Site development loans (sec. 524).......................... 5,000
Credit sales of acquired property.......................... 10,000
Self-help housing land development (sec. 523).............. 5,000
Farm labor housing......................................... 27,500
------------
Total, Loan authorizations......................... $25,345,500
Loan subsidies, grants & administrative expenses:
Single family housing (sec. 502)
Direct................................................. $67,700
Housing repair (sec. 504).................................. 3,419
Rental housing (sec. 515).................................. 9,484
Farm labor housing (sec. 514).............................. 6,853
Site development loans (sec. 524).......................... 176
Self-help land development (sec. 523)...................... 431
------------
Total, loan subsidies.............................. 88,063
Farm labor housing grants.................................. 10,000
------------
Total, loan subsidies and grants................... 98,063
Administrative expenses (transfer to RD)................... 412,254
------------
Total, Loan subsidies, grants, and administrative $510,317
expenses..........................................
------------------------------------------------------------------------
rental assistance program
The bill provides $1,331,400,000 for the Rental Assistance
Program.
multi-family housing revitalization program account
The bill provides $51,500,000 for the Multi-Family Housing
Revitalization Program Account.
mutual and self-help housing grants
The bill provides $30,000,000 for Mutual and Self-Help
Housing Grants.
rural housing assistance grants
The bill provides $45,000,000 for Rural Housing Assistance
Grants. The following table reflects the grant levels
provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Very low income housing repair grants...................... $30,000
Housing preservation grants................................ 15,000
------------
Total, grant program................................... $45,000
------------------------------------------------------------------------
rural community facilities program account
(including transfers of funds)
The bill provides $50,063,000 for the Rural Community
Facilities Program Account.
The following table reflects the loan, subsidy, and grant
amounts provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
CF direct loans........................................ $2,800,000
CF guaranteed loans.................................... 148,287
Loan subsidies and grants:
CF guaranteed loans.................................... 4,285
CF grants.............................................. 30,000
Rural Community Development Initiative................. 6,000
Economic Impact Initiative............................. 5,778
Tribal college grants.................................. 4,000
------------
Total, subsidy and grants.......................... $50,063
------------------------------------------------------------------------
Rural Business--Cooperative Service
rural business program account
(including transfers of funds)
The bill provides $65,040,000 for the Rural Business
Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Business and industry guaranteed loans................. $950,000
Loan subsidy and grants:
Business and industry guaranteed loans................. 22,040
Rural business development grants...................... 35,000
Delta Regional Authority/Appalachian Regional 8,000
Commission/Northern Border Regional Commission........
------------
Total, Rural Business Program subsidy and grants... $65,040
------------------------------------------------------------------------
intermediary relending program fund account
(including transfer of funds)
The bill provides $8,625,000 for the Intermediary Relending
Program Fund Account.
The following table reflects the loan and subsidy levels
provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan level:
Estimated loan level................................... $18,889
Subsidies and administrative expenses:
Direct loan subsidy level.............................. 4,157
Administrative expenses................................ 4,468
------------
Subtotal, subsidies and administrative expenses.... $8,625
------------------------------------------------------------------------
[[Page H729]]
rural economic development loans program account
The bill provides $50,000,000 for the Rural Economic
Development Loans Program Account.
rural cooperative development grants
The bill provides $29,100,000 for Rural Cooperative
Development Grants.
rural energy for america program
The bill provides $334,500 for the Rural Energy for America
Program.
Rural Utilities Service
rural water and waste disposal program account
(including transfers of funds)
The bill provides $548,690,000 for the Rural Utilities
Service Rural Water and Waste Disposal Program Account.
The following table reflects the loan, subsidy, and grant
levels provided by the bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Water and waste direct loans........................... $1,400,000
Water and waste guaranteed loans....................... 50,000
Subsidies and grants:
Guaranteed loan subsidy................................ 190
Water and waste revolving fund......................... 1,000
Water well system grants............................... 1,500
Grants for Colonias, Native Americans, and Alaska...... 68,000
Water and waste technical assistance grants............ 30,000
Circuit Rider program.................................. 19,000
Solid waste management grants.......................... 4,000
High energy cost grants................................ 10,000
Water and waste disposal grants........................ 400,000
306A(i)(2) grants..................................... 15,000
------------
Total, subsidies and grants........................ $548,690
------------------------------------------------------------------------
rural electrification and telecommunications loans program account
(including transfer of funds)
The bill provides $34,995,000 for activities under the
Rural Electrification and Telecommunications Loans Program
Account.
The following table indicates loan levels provided by the
bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorizations:
Electric:
Direct, FFB........................................ $5,500,000
Guaranteed underwriting............................ 750,000
------------
Subtotal, electric................................. 6,250,000
Telecommunications:
Direct, treasury rate.............................. 345,000
Direct, FFB........................................ 345,000
Subtotal, telecommunications....................... 690,000
Loan subsidy:
Direct, treasury rate.............................. 1,725
------------
Total, loan authorizations......................... 6,940,000
Administrative expenses............................ 33,270
Total, budget authority............................ $34,995
------------------------------------------------------------------------
distance learning, telemedicine, and broadband program
The bill provides $69,830,000 for the Distance Learning,
Telemedicine, and Broadband Program.
The following table indicates loan levels provided by the
bill:
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Loan authorization:
Broadband telecommunications........................... $29,851
Total, loan authorization.......................... 29,851
------------
Subsidy and grants:
Distance learning and telemedicine grants.............. 34,000
Broadband telecommunications program:
Direct (treasury rate loans)........................... 5,830
Grants................................................. 30,000
Total, subsidies and grants........................ $69,830
------------------------------------------------------------------------
TITLE IV
DOMESTIC FOOD PROGRAMS
Office of the Under Secretary for Food, Nutrition, and Consumer
Services
The bill provides $800,000 for the Office of the Under
Secretary for Food, Nutrition, and Consumer Services.
The marketplace continues to develop innovative
technologies, such as third-party mobile applications, which
can assist nutrition program participants in managing their
benefits. USDA is encouraged to ensure that these new
technologies have a secure system in place to protect
personal account information; do not sell, distribute or make
available personal account information for commercial
marketing purposes; and that participants have consistent
access to their account information regardless of the means
in which they choose to access it.
Retailer SNAP sales data should be treated as proprietary
and confidential information. Should such information be made
publicly available, USDA is directed to make every effort to
protect confidential business information likely to cause
harm to the competitive position in the retail industry,
especially small grocery stores and small grocery stores in
rural areas. Personal information about individual SNAP
participants should also remain confidential.
Food And Nutrition Service
child nutrition programs
(including transfers of funds)
The bill provides $23,140,781,000 for Child Nutrition
Programs. The bill provides the following for Child Nutrition
Programs:
Total Obligational Authority
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
School lunch program....................................... $12,091,834
School breakfast program................................... 4,816,238
Child and adult care food program.......................... 3,815,328
Summer food service program................................ 519,456
Special milk program....................................... 8,065
State administrative expenses.............................. 302,571
Commodity procurement...................................... 1,436,458
Food safety education...................................... 2,929
Coordinated review......................................... 10,000
Computer support and processing............................ 12,124
CACFP training and technical assistance.................... 13,935
Child Nutrition Program studies and evaluations............ 21,639
Child Nutrition payment accuracy........................... 11,203
Farm to school tactical team............................... 3,997
Team Nutrition............................................. 17,004
School meals equipment grants.............................. 30,000
Summer EBT demonstration................................... 28,000
------------
Total.................................................. $23,140,781
------------------------------------------------------------------------
special supplemental nutrition program for women, infants, and children
(wic)
The bill provides $6,075,000,000 for the Special
Supplemental Nutrition Program for Women, Infants, and
Children.
The bill recommends full funding for WIC that will meet
estimated participation in fiscal year 2019. The
recommendation includes $60,000,000 for breastfeeding support
initiatives and $19,000,000 for infrastructure. New
technologies, including telemedicine, that support
breastfeeding mothers through access to professional
breastfeeding and nutrition consultants are recognized. The
bill provides $5,000,000 for telehealth competitive grants to
supplement the nutrition education and breastfeeding support
offered in the WIC clinic, and to decrease barriers to access
to WIC services, particularly in rural communities. Funding
can be used to support a variety of telehealth interventions,
including but not limited to the use of telehealth tools by
WIC staff as well as clinical services and technologies
provided by third-party vendors.
The work of the National Academies of Science (NAS) to
review and make recommendations for updating the WIC food
packages to reflect current science and cultural factors is
recognized. It is noted, however, that while all revised
packages now allow some fish, the amounts remain low compared
to the recommendations of other authoritative health
agencies. The Department is strongly encouraged to consider
the health and cultural benefits of fish consumption as the
NAS recommendations are reviewed and used to inform the
Department's next course of action. The Department is
strongly encouraged to continue to allow states to submit
cultural food package proposals to respond to the cultural
preferences of WIC participants in states like Alaska.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
The bill provides $73,476,921,000 for the Supplemental
Nutrition Assistance Program (SNAP).
The bill provides the following for SNAP:
TOTAL OBLIGATIONAL AUTHORITY
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Benefits................................................... $62,299,422
Contingency reserve........................................ 3,000,000
Administrative costs:
State administrative costs............................... 4,617,913
Nutrition Education and Obesity Prevention Grant Program. 433,000
Employment and Training.................................. 487,707
Mandatory other program costs............................ 190,504
Discretionary other program costs........................ 998
------------
Administrative subtotal.................................... 5,730,122
Nutrition Assistance for Puerto Rico (NAP)................. 1,965,834
American Samoa............................................. 7,895
Food Distribution Program on Indian Reservations........... 153,000
TEFAP commodities.......................................... 294,500
Commonwealth of the Northern Mariana Islands............... 12,148
Community Food Projects.................................... 9,000
Program access............................................. 5,000
------------
Subtotal............................................... 2,447,377
------------
Total.............................................. $73,476,921
------------------------------------------------------------------------
COMMODITY ASSISTANCE PROGRAM
The bill provides $322,139,000 for the Commodity Assistance
Program.
The following amounts are provided: $222,891,000 for the
Commodity Supplemental Food Program; $18,548,000 for the
Farmers' Market Nutrition Program; and $79,630,000 for
administrative funds for the Emergency Food Assistance
Program.
NUTRITION PROGRAMS ADMINISTRATION
The bill provides $164,688,000 for Nutrition Programs
Administration.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
Office of the Under Secretary for Trade and Foreign Agricultural
Affairs
The bill provides $875,000 for the Office of the Under
Secretary for Trade and Foreign Agricultural Affairs.
Office of Codex Alimentarius
The bill provides $3,976,000 for the Office of Codex
Alimentarius.
Foreign Agricultural Service
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $213,890,000 for the Foreign Agricultural
Service, Salaries and Expenses and a transfer of $6,382,000.
The bill includes increases of $3,187,000 for Capital
Security Cost Sharing; $1,537,000 for International
Cooperative Administrative Support Services; $1,500,000 for
pay costs for locally employed staff; $3,000,000 for the
Country Strategy Support Fund; $10,000,000 for trade
activities; and a decrease of $5,000,000 for administrative
support services.
[[Page H730]]
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $142,000 for administrative expenses for
the Food for Peace Title I Direct Credit and Food for
Progress Program Account to be transferred to and merged with
the appropriation for ``Farm Service Agency, Salaries and
Expenses''.
The bill includes a one-time, $16,000,000 increase in
funding for the Food for Progress program as authorized. This
increase is a restoration of funding from reductions
occurring in prior years and does not indicate support for
expanding or continuing the practice of monetization in food
aid programs.
FOOD FOR PEACE TITLE II GRANTS
The bill provides $1,500,000,000 for Food for Peace Title
II Grants.
The Administrator of the U.S. Agency for International
Development is directed to maintain the funding level for the
non-emergency set-aside in the Food for Peace Act (7 U.S.C.
1736f(e)(2). If the Administrator deems it necessary to
notwithstand such provision as provided in 7 U.S.C. 1722(a)
to meet emergency food aid needs, the Administrator shall
notify the Committees within 15 days of such action.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD NUTRITION
PROGRAM GRANTS
The bill provides $210,255,000 for the McGovern-Dole
International Food for Education and Child Nutrition Program.
COMMODITY CREDIT CORPORATION EXPORT (LOANS)
CREDIT GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $8,845,000 for the Commodity Credit
Corporation Export Loans Credit Guarantee Program Account.
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
Department of Health and Human Services
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
The bill provides specific amounts by Food and Drug
Administration activity as reflected in the following table:
FOOD AND DRUG ADMINISTRATION--SALARIES & EXPENSES
(Dollars in Thousands)
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Authority:
Foods.................................................. $1,059,980
Center for Food Safety and Applied Nutrition........... 327,962
Field Activities................................... 732,018
Human Drugs............................................ 662,907
Center for Drug Evaluation and Research................ 524,738
Field Activities................................... 138,169
Biologics.............................................. 240,138
Center for Biologics Evaluation and Research........... 198,132
Field Activities................................... 42,006
Animal Drugs and Feeds................................. 178,934
Center for Veterinary Medicine......................... 113,419
Field Activities................................... 65,515
Devices and Radiological Products...................... 386,743
Center for Devices and Radiological Health............. 301,738
Field Activities................................... 85,005
National Center for Toxicological Research................. 66,712
Other Activities/Office of the Commissioner................ 188,069
White Oak Consolidation.................................... 114,987
Other Rent and Rent Related Activities..................... 71,943
GSA Rent................................................... 170,208
------------
Subtotal, Budget Authority............................. 3,068,678
User Fees:
Prescription Drug User Fee Act......................... 1,010,323
Medical Device User Fee and Modernization Act.......... 204,730
Human Generic Drug User Fee Act........................ 501,721
Biosimilar User Fee Act................................ 38,847
Animal Drug User Fee Act............................... 30,331
Animal Generic Drug User Fee Act....................... 18,335
Tobacco Product User Fees.............................. 712,000
Subtotal, User Fees................................ 2,516,287
------------
Total, FDA Program Level....................... $5,584,965
------------------------------------------------------------------------
The bill provides $3,068,678,000 in discretionary budget
authority and $2,516,287,000 in definite user fees for a
total of $5,584,965,000 for Food and Drug Administration,
Salaries and Expenses. This total does not include permanent,
indefinite user fees for: the Mammography Quality Standards
Act; Color Certification; Export Certification; Priority
Review Vouchers Pediatric Disease; Food and Feed Recall; Food
Reinspection; Voluntary Qualified Importer Program; the Third
Party Auditor Program; Outsourcing Facility; and Medical
Countermeasure Priority Review Vouchers.
FDA is expected to continue all projects, activities,
laboratories, and programs as included in fiscal year 2018
unless otherwise specified. Proposed funding reductions for:
Consumer Education and outreach regarding biotechnology;
Foreign High Risk Inspections; the funds made available to
the Health and Human Services' Inspector General for its
audit and oversight work involving the FDA; the produce
safety cooperative agreement funds with states; the Critical
Path Initiative; and compounding bulk drug substances are not
accepted.
The bill provides an increase of $271,400,000 for medical
product and food safety activities, and accepts $2,800,000 in
proposed savings, resulting in a net increase of
$268,600,000.
The following increases are provided for medical products
safety: $47,000,000 to combat the Opioid Epidemic,
$38,500,000 to Promote Domestic Manufacturing; $12,000,000
for a New Domestic Drug Industry; $6,000,000 for MedTech
Manufacturing; $50,700,000 for New Medical Data Enterprise;
$25,000,000 for the Growth and Transformation of Digital
Health; $43,300,000 for New Platform for Drug Development,
including a $5,000,000 increase to fully fund FDA's Oncology
Center for Excellence; $25,100,000 for Modernizing Generic
Drug Development and Review; and $10,000,000 for Investment
and Innovation for Rare Diseases.
Included in the increases provided for food safety
activities are $2,000,000 for FSMA Cooperative Agreements,
$2,800,000 for Food Import safety, $5,000,000 to address Food
Safety Outbreaks; $500,000 to test Antibiotic Resistance in
Imported Seafood, $2,000,000 for Standard of Identity and
Product labeling; and a $1,500,000 increase for consumer
education and outreach regarding biotechnology.
The additional funding provided to combat the opioid
epidemic should be used for regulatory science, enforcement,
and innovation activities. Within these funds, $20,000,000 is
provided to create a large-scale data warehouse and perform
data analytics to better assess vulnerability points in the
population, anticipate changes in the crisis.
The Center for Food Safety and Applied Nutrition is
expected to fund, at least at the 2018 level, those
agreements on outreach to farmers that are continued in 2019.
FDA is directed to submit a report no later than 180 days
after enactment of this Act, that includes the number of
enforcement actions FDA brought against dietary supplement
manufacturers and marketers, as well as manufacturers and
marketers of products claiming to be dietary supplements, the
number of dietary supplement good manufacturing practice
inspections FDA conducted in 2018 and the number of FTEs
dedicated to dietary supplement inspections and the number of
serious adverse events that were reported to FDA from 2015 to
2018.
FDA's commitment to complete a separate section of
regulations for medical gas current good manufacturing
practices is supported. Therefore, the FDA shall issue final
regulations required by the fiscal year 2017 Consolidated
Appropriations Act no later than March 31, 2019.
BUILDINGS AND FACILITIES
The bill provides $11,788,000 for the Food and Drug
Administration Buildings and Facilities.
FDA Innovation Account, Cures Act
(INCLUDING TRANSFER OF FUNDS)
The bill provides $70,000,000 for the FDA as authorized in
the 21st Century Cures Act.
INDEPENDENT AGENCY
Farm Credit Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
The bill includes a limitation of $74,600,000 on
administrative expenses of the Farm Credit Administration.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
Section 701.--The bill includes language regarding motor
vehicles.
Section 702.--The bill includes language regarding the
Working Capital Fund of the Department of Agriculture.
Section 703.--The bill includes language limiting funding
provided in the bill to one year unless otherwise specified.
Section 704.--The bill includes language regarding
nonprofit institutions.
Section 705.--The bill includes language regarding Rural
Development programs.
Section 706.--The bill includes language regarding
information technology systems.
Section 707.--The bill includes language regarding fund
availability.
Section 708.--The bill includes language regarding Rural
Utilities Service program eligibility.
Section 709.--The bill includes language regarding funds
for information technology expenses.
Section 710.--The bill includes language prohibiting first-
class airline travel.
Section 711.--The bill includes language regarding the
availability of certain funds of the Commodity Credit
Corporation.
Section 712.--The bill includes language regarding funding
for advisory committees.
Section 713.--The bill includes language regarding NIFA
grants.
Section 714.--The bill includes language regarding IT
system regulations.
Section 715.--The bill includes language regarding Section
32 activities.
Section 716.--The bill includes language regarding user fee
proposals without offsets.
Section 717.--The bill includes language regarding the
reprogramming of funds and notification requirements.
Section 718.--The bill includes language regarding fees for
the guaranteed business and industry loan program.
Section 719.--The bill includes language regarding the
appropriations hearing process.
Section 720.--The bill includes language regarding
government-sponsored news stories.
Section 721.--The bill includes language regarding details
and assignments of Department of Agriculture employees.
Section 722.--The bill includes language regarding Rural
Development programs.
Section 723.--The bill includes language requiring spend
plans.
Section 724.--The bill includes language regarding
nutrition programs.
[[Page H731]]
Section 725.--The bill includes language regarding Rural
Development programs.
Section 726.--The bill includes language regarding USDA
loan programs.
Section 727.--The bill includes language regarding the
Working Capital Fund.
Section 728.--The bill includes language regarding SNAP
variety.
Section 729.--The bill includes language regarding
industrial hemp.
Section 730.--The bill includes language regarding the
Agriculture and Food Research Initiative.
Section 731.--The bill includes language regarding loan
programs.
Section 732.--The bill includes language regarding consumer
information.
Section 733.--The bill includes language regarding FDA
regulations.
Section 734.--The bill includes language regarding FDA
regulations.
Section 735.--The bill includes language regarding the
Rural Utilities Service.
Section 736.--The bill includes language regarding Food for
Peace.
Section 737.--The bill includes language regarding research
programs.
Section 738.--The bill includes language regarding Rural
Development programs.
Section 739.--The bill includes language regarding USDA
regulations.
Section 740.--The bill includes language regarding FDA
regulations.
Section 741.--The bill includes language regarding research
facilities.
Section 742.--The bill includes language regarding
conservation programs.
Section 743.--The bill includes language regarding the
Water Bank Act.
Section 744.--The bill includes language regarding
geographically disadvantaged farmers.
Section 745.--The bill includes language regarding animal
welfare.
Section 746.--The bill includes language regarding Food for
Progress.
Section 747.--The bill includes language regarding United
States iron and steel products.
Section 748.--The bill includes language regarding Rural
Development program assistance.
Section 749.--The bill includes language regarding multi-
family housing programs.
Section 750.--The bill includes language regarding
lobbying.
Section 751.--The bill includes language regarding the
Agriculture Risk Coverage program.
Section 752.--The bill includes language regarding rural
housing programs.
Section 753.--The bill includes language regarding poultry
products.
Section 754.--The bill includes language regarding water
supplies.
Section 755.--The bill includes language regarding Rural
Development programs.
Section 756.--The bill includes language regarding poultry
products.
Section 757.--The bill includes language regarding child
nutrition programs.
Section 758.--The bill includes language regarding
nutritional guidelines.
Section 759.--The bill includes language regarding low-
income communities.
Section 760.--The bill includes language regarding citrus
greening.
Section 761.--The bill includes language regarding grape
varietals.
Section 762.--The bill includes language regarding grain
inspection agreements.
Section 763.--The bill includes language regarding school
lunch programs.
Section 764.--The bill includes language regarding opioids.
Section 765.--The bill includes language regarding rural
broadband.
Section 766.--The bill includes language regarding water
and waste programs.
Section 767.--The bill includes language regarding the
National Institute of Food and Agriculture.
Section 768.--The bill includes language regarding FDA
regulations.
Section 769.--The bill includes language regarding dietary
guidelines.
Section 770.--The bill includes language regarding added
sugars.
Section 771.--The bill includes language regarding land-
grant universities.
Section 772.--The bill includes language regarding school
breakfast programs.
Section 773.--The bill includes language regarding
emergency assistance.
Section 774.--The bill includes language regarding research
programs.
Section 775.--The bill includes language regarding
conservation programs.
Section 776.--The bill includes language regarding rural
housing programs.
Section 777.--The bill includes language regarding FDA
regulations.
Section 778.--The bill includes language regarding Centers
of Excellence.
Section 779.--The bill includes language regarding child
nutrition programs.
Section 780.--The bill includes language regarding the Food
and Drug Administration.
Section 781.--The bill includes language regarding Food for
Peace.
Section 782.--The bill includes language regarding
internships.
Section 783.--The bill includes language regarding the Farm
Service Agency.
Section 784.--The bill includes language regarding rural
broadband.
Section 785.--The bill includes language regarding Rural
Development programs.
Section 786.--The bill includes language regarding certain
inspection activities.
[[Page H732]]
[GRAPHIC] [TIFF OMITTED] TH180119.001
[[Page H733]]
[GRAPHIC] [TIFF OMITTED] TH180119.002
[[Page H734]]
[GRAPHIC] [TIFF OMITTED] TH180119.003
[[Page H735]]
[GRAPHIC] [TIFF OMITTED] TH180119.004
[[Page H736]]
[GRAPHIC] [TIFF OMITTED] TH180119.005
[[Page H737]]
[GRAPHIC] [TIFF OMITTED] TH180119.006
[[Page H738]]
[GRAPHIC] [TIFF OMITTED] TH180119.007
[[Page H739]]
[GRAPHIC] [TIFF OMITTED] TH180119.008
[[Page H740]]
[GRAPHIC] [TIFF OMITTED] TH180119.009
[[Page H741]]
[GRAPHIC] [TIFF OMITTED] TH180119.010
[[Page H742]]
[GRAPHIC] [TIFF OMITTED] TH180119.011
[[Page H743]]
[GRAPHIC] [TIFF OMITTED] TH180119.012
[[Page H744]]
[GRAPHIC] [TIFF OMITTED] TH180119.013
[[Page H745]]
[GRAPHIC] [TIFF OMITTED] TH180119.014
[[Page H746]]
[GRAPHIC] [TIFF OMITTED] TH180119.015
[[Page H747]]
[GRAPHIC] [TIFF OMITTED] TH180119.016
[[Page H748]]
[GRAPHIC] [TIFF OMITTED] TH180119.017
[[Page H749]]
[GRAPHIC] [TIFF OMITTED] TH180119.018
[[Page H750]]
[GRAPHIC] [TIFF OMITTED] TH180119.019
[[Page H751]]
[GRAPHIC] [TIFF OMITTED] TH180119.020
[[Page H752]]
[GRAPHIC] [TIFF OMITTED] TH180119.021
[[Page H753]]
[GRAPHIC] [TIFF OMITTED] TH180119.022
[[Page H754]]
[GRAPHIC] [TIFF OMITTED] TH180119.023
[[Page H755]]
[GRAPHIC] [TIFF OMITTED] TH180119.024
[[Page H756]]
[GRAPHIC] [TIFF OMITTED] TH180119.025
[[Page H757]]
[GRAPHIC] [TIFF OMITTED] TH180119.026
[[Page H758]]
[GRAPHIC] [TIFF OMITTED] TH180119.027
[[Page H759]]
[GRAPHIC] [TIFF OMITTED] TH180119.028
[[Page H760]]
[GRAPHIC] [TIFF OMITTED] TH180119.029
[[Page H761]]
[GRAPHIC] [TIFF OMITTED] TH180119.030
[[Page H762]]
[GRAPHIC] [TIFF OMITTED] TH180119.031
[[Page H763]]
[GRAPHIC] [TIFF OMITTED] TH180119.032
[[Page H764]]
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2019
Report language included in House Report 115-704 (``the
House report'') or Senate Report 115-275 (``the Senate
report'') that is not changed by this explanatory statement
or the Act is approved. The explanatory statement, while
repeating some language for emphasis, is not intended to
negate the language referred to above unless expressly
provided herein. In cases where both the House report and the
Senate report address a particular issue not specifically
addressed in the explanatory statement, the House report and
the Senate report should be read as consistent and are to be
interpreted accordingly. In cases where the House report or
the Senate report directs the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations (``the Committees'').
Each department and agency funded in this Act shall follow
the directions set forth in this Act and the accompanying
explanatory statement, and shall not reallocate resources or
reorganize activities except as provided herein.
Reprogramming procedures shall apply to: funds provided in
this Act; unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in
fiscal year 2019; and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2019. These procedures are specified in section
505 of this Act.
Any reprogramming request shall include any out-year
budgetary impacts and a separate accounting of program or
mission impacts on estimated carryover funds. Any program,
project, or activity cited in this explanatory statement, or
in the House report or the Senate report and not changed by
this Act, shall be construed as the position of the Congress
and shall not be subject to reductions or reprogramming
without prior approval of the Committees. Further, any
department or agency funded in this Act that plans a
reduction-in-force shall notify the Committees by letter no
later than 30 days in advance of the date of any such planned
personnel action.
When a department or agency submits a reprogramming or
transfer request to the Committees and does not receive
identical responses, it shall be the responsibility of the
department or agency seeking the reprogramming to reconcile
the differences between the two bodies before proceeding. If
reconciliation is not possible, the items in disagreement in
the reprogramming or transfer request shall be considered
unapproved. Departments and agencies shall not submit
reprogramming notifications after July 1, 2019, except in
extraordinary circumstances. Any such notification shall
include a description of the extraordinary circumstances.
In compliance with section 533 of this Act, each department
and agency funded in this Act shall submit spending plans,
signed by the respective department or agency head, for the
Committees' review not later than 45 days after enactment.
TITLE I
DEPARTMENT OF COMMERCE
International Trade Administration
OPERATIONS AND ADMINISTRATION
The agreement includes $495,000,000 in total resources for
the International Trade Administration (ITA). This amount is
offset by $11,000,000 in estimated fee collections, resulting
in a direct appropriation of $484,000,000. The agreement
provides no less than $88,500,000 for Enforcement and
Compliance and no less than $320,000,000 for Global Markets.
The agreement adopts Senate report language regarding
SelectUSA.
U.S. and Foreign Commercial Service (US&FCS).--The
agreement rejects the proposed cuts to the US&FCS and
provides no less than the amount provided in fiscal year
2018. ITA shall submit quarterly reports to the Committees,
due not later than 30 days after the end of each quarter,
detailing staffing levels within the US&FCS, including a
breakout of Foreign Service Officers, Locally Engaged Staff,
and U.S. field staff. These reports shall also include
obligations by object class for the US&FCS for the given
quarter, and shall include a comparison of staffing and
obligation levels for the same quarter in the past three
fiscal years along with an explanation of any significant
variances compared to the prior year quarters. The first such
report shall include a discussion of the reasons for ITA not
maintaining Foreign Service Officer staffing within the
funding provided for the US&FCS over the last three fiscal
years.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $118,050,000 for the Bureau of
Industry and Security (BIS).
The agreement does not adopt House report language relating
to the division of funds between Export Administration,
Export Enforcement, and Management and Policy Coordination.
Instead, the agreement includes bill language to ensure that
the additional resources above enacted for BIS are devoted to
an effective Section 232 exclusion process. The Department
shall provide quarterly reports to the Committees, due not
later than 15 days after the end of each quarter, on the
implementation of the exclusion process, which shall include:
(a) the number of exclusion requests received; (b) the number
of exclusion requests approved and denied; (c) the status of
efforts to assist small- and medium-sized businesses in
navigating the exclusion process; (d) Department-wide
staffing levels for the exclusion process, including
information on any staff detailed to complete this task; and
(e) Department-wide funding by source appropriation and
object class for costs undertaken to process the exclusions.
Economic Development Administration
The agreement includes $304,000,000 for the programs and
administrative expenses of the Economic Development
Administration (EDA). Section 523 of the agreement includes a
rescission of $10,000,000 in Economic Development Assistance
Program balances. The funds shall be derived from recoveries
and unobligated grant funds that were not appropriated with
emergency or disaster relief designations.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
The agreement includes $265,000,000 for Economic
Development Assistance Programs. Funds are to be distributed
as follows; any deviation of funds shall be subject to the
procedures set forth in section 505 of this Act:
------------------------------------------------------------------------
------------------------------------------------------------------------
Public Works......................................... $117,500,000
Partnership Planning................................. $33,000,000
Technical Assistance................................. $9,500,000
Research and Evaluation.............................. $1,500,000
Trade Adjustment Assistance.......................... $13,000,000
Economic Adjustment Assistance....................... $37,000,000
Assistance to Coal Communities....................... $30,000,000
Section 27 Regional Innovation Program Grants........ $23,500,000
------------------
Total............................................ $265,000,000
------------------------------------------------------------------------
SALARIES AND EXPENSES
The agreement includes $39,000,000 for EDA salaries and
expenses.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
The agreement includes $40,000,000 for the Minority
Business Development Agency (MBDA), an increase of $1,000,000
above fiscal year 2018. MBDA is directed to allocate the
majority of its total appropriation, including the entire
increase above fiscal year 2018, toward cooperative
agreements, external awards, and grants, including not less
than $10,400,000 to continue MBDA's traditional Business
Center program and Specialty Project Center program. The
agreement does not approve of the Department's recent
proposal to transform MBDA's service delivery model, but
transformation proposals can be considered if proposed as
part of the Department's fiscal year 2020 budget request.
While the agreement is supportive of MBDA and its programs,
MBDA is encouraged to obtain an independent external
evaluation of its various programs.
Economic and Statistical Analysis
SALARIES AND EXPENSES
The agreement includes $101,000,000 for Economic and
Statistical Analysis. Senate and House language regarding the
Outdoor Recreation Satellite Account is adopted, and the
agreement provides $1,500,000 to continue this work in fiscal
year 2019.
Income Growth Indicators.--The Bureau of Economic Analysis
(BEA) is encouraged to work with the relevant additional
agencies to develop and begin reporting on income growth
indicators. In these indicators, BEA is encouraged to report
at least annually on how incomes grow in each decile of the
income distribution, no later than 2020. BEA is encouraged to
include the latest available estimates of these measures with
each report or update issued by the agency on the Gross
Domestic Product of the United States.
Bureau of the Census
The agreement includes $3,821,388,000 for the Bureau of the
Census.
CURRENT SURVEYS AND PROGRAMS
The agreement includes $270,000,000 for the Current Surveys
and Programs account of the Bureau of the Census.
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $3,551,388,000 for the Periodic
Censuses and Programs account of the Bureau of the Census.
In October 2017, the Secretary of Commerce delivered a new
life-cycle cost estimate for the 2020 Decennial Census
totaling $15,625,000,000. In addition to reliance on a new
independent cost estimate, the Secretary's estimate includes
additional assumptions to enhance the robustness and
reliability of the program. For example, the new estimate
assumes the need for additional in-person follow-up visits
due to fewer households expected to initially respond to the
Census. In addition, the Census Bureau is directed to provide
the Committees with notification 15 days before any spending
it intends to incur in fiscal year 2019 that is above the
amounts included in the October 2017 life-cycle cost estimate
for fiscal year 2019.
2020 Census Partnership and Communications Activities.--The
agreement reiterates House and Senate language regarding the
Bureau's partnership and communications efforts aimed at
maximizing self-response to the 2020 Decennial Census.
Additionally, the Bureau shall devote funding to expand
targeted communications activities as well as to open local
questionnaire assistance centers in hard-to-count
communities.
[[Page H765]]
National Telecommunications and Information Administration
SALARIES AND EXPENSES
The agreement includes $39,500,000 for the salaries and
expenses of the National Telecommunications and Information
Administration (NTIA). The agreement provides up to
$7,500,000 to continue the broadband mapping effort started
in fiscal year 2018 and adopts Senate report language
regarding rural and tribal communities. The agreement
modifies Senate language regarding a standardized process, to
direct NTIA to work with the Federal Communications
Commission to improve the collection of broadband data.
United States Patent and Trademark Office
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes language making available to the
United States Patent and Trademark Office (USPTO)
$3,370,000,000, the full amount of offsetting fee collections
estimated for fiscal year 2019 by the Congressional Budget
Office. The agreement transfers $1,500,000 to the Office of
Inspector General to continue oversight and audits of USPTO
operations and budget transparency.
National Institute of Standards and Technology
The agreement includes $985,500,000 for the National
Institute of Standards and Technology (NIST).
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
The agreement provides $724,500,000 for NIST's Scientific
and Technical Research and Services (STRS) account. The
agreement rejects the proposed terminations and reductions
for all STRS programs and provides not less than fiscal year
2018 funding for: Cybersecurity and Privacy; Advanced
Manufacturing and Material Measurements; Quantum Science;
Advanced Communications, Networks, and Scientific Data
Systems; Biological Science and Health Measurements;
Environmental Measurements; Time and Fundamental Measurement
Dissemination; Physical Infrastructure and Resilience; the
Special Programs Office; the Standards Coordination Office;
the Baldrige Performance Excellence Program; NIST Center of
Excellence Program; and NIST User Facilities. The Senate
report language regarding forensic sciences is adopted by
reference.
INDUSTRIAL TECHNOLOGY SERVICES
The agreement includes $155,000,000 in total for Industrial
Technology Services, including $140,000,000 for the Hollings
Manufacturing Extension Partnership and $15,000,000 for the
National Network for Manufacturing Innovation, to include
funding for center establishment and up to $5,000,000 for
coordination activities.
CONSTRUCTION OF RESEARCH FACILITIES
The agreement includes $106,000,000 for Construction of
Research Facilities.
Safety, Capacity, Maintenance, and Major Repairs (SCMMR).--
Within the amount provided for Construction of Research
Facilities, the agreement includes no less than $75,000,000
for NIST to address its most pressing SCMMR projects.
National Oceanic and Atmospheric Administration
Judgment Fund Repayment.--The agreement does not provide
funding for the National Oceanic and Atmospheric
Administration (NOAA) to make payments to the Department of
Treasury Judgment Fund. NOAA is directed to request all
future Judgment Fund payments through the regular budget
process.
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$3,772,477,000 under this account for the coastal, fisheries,
marine, weather, satellite, and other programs of NOAA. This
total funding level includes $3,596,997,000 in direct
appropriations; a transfer of $157,980,000 from balances in
the ``Promote and Develop Fishery Products and Research
Pertaining to American Fisheries'' fund; and $17,500,000
derived from recoveries of prior year obligations.
The following narrative descriptions and tables identify
the specific activities and funding levels included in this
Act.
National Ocean Service (NOS).--$581,567,000 is for NOS
Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Navigation, Observations and Positioning
Navigation, Observations and Positioning............ $256,467
Integrated Ocean Observing System Regional 38,500
Observations.......................................
Hydrographic Survey Priorities/Contracts............ 32,000
-----------------
Navigation, Observations and Positioning.............. 226,967
=================
Coastal Science and Assessment
Coastal Science, Assessment, Response and 77,500
Restoration........................................
Competitive External Research....................... 18,000
-----------------
Coastal Science and Assessment........................ 95,500
=================
Ocean and Coastal Management and Services 43,500
Coastal Zone Management and Services................ 43,500
Coast Zone Management Grants........................ 75,500
Title IX Fund....................................... 30,000
Coral Reef Program.................................. 27,600
Sanctuaries and Marine Protected Areas.............. 55,500
National Estuarine Research Reserve System.......... 27,000
-----------------
Ocean and Coastal Management and Services............. 259,100
=================
Total, National Ocean Service, Operations, Research, $581,567
and Facilities.......................................
------------------------------------------------------------------------
Coastal Science, Assessment, Response and Restoration.--The
agreement provides $2,372,000 for the operations and staffing
of the Gulf of Mexico Disaster Response Center. Additionally,
in lieu of Senate language regarding emergency preparedness
training, the agreement supports the requested increase for
the Disaster Preparedness Program to bolster NOS's emergency
response to coastal storms and other disasters.
National Geodetic Survey.--The agreement provides $500,000
above the request to support continued development and
advancement of geospatial analytical and mapping techniques
to precisely update shorelines in a common data format.
Regional Data Portals.--Within funding for Integrated Ocean
Observing System (IOOS) Regional Observations, $1,500,000 is
for the regional ocean partnerships, or their equivalent, to
enhance their capacity for sharing and integration of Federal
and non-Federal data to support regional coastal, ocean, and
Great Lakes management priorities as outlined in Executive
Order 13840. The IOOS Program Office shall coordinate with
the Office of Coastal Management on the implementation of
these funds. This effort is not intended to detract from the
existing work of IOOS, but to enhance collaboration and
coordination in the regions. Additionally, Senate language
regarding IOOS is adopted.
Harmful Algal Blooms.--The agreement adopts House and
Senate language regarding Harmful Algal Blooms. Within the
funds available for Coastal Science and Assessment, a
$5,000,000 increase is for additional Competitive External
Research to determine and mitigate the impact of Harmful
Algal Blooms in marine and freshwater habitats.
Hydrographic Surveys and Contracts.--The agreement adopts
House and Senate report language regarding the backlog in
hydrographic survey work and charting in the Arctic. In
addition, NOAA is directed to make navigationally significant
waters impacted by disasters a priority.
Marine Debris.--The agreement adopts Senate report language
regarding Marine Debris
[[Page H766]]
and provides the program $500,000 above the enacted level.
Coastal Observing Assets.--The agreement includes
$1,500,000 within Navigation, Observation and Positioning to
replace or repair degraded or unreliable coastal, ocean, and
Great Lakes observing assets.
National Marine Fisheries Service (NMFS).--$908,832,000 is
for NMFS Operations, Research, and Facilities.
NATIONAL OCEAN SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Protected Resources Science and Management
Marine Mammals, Sea Turtles and Other Species....... $118,348
Species Recovery Grants............................. 7,000
Atlantic Salmon..................................... 6,500
Pacific Salmon...................................... 65,000
-----------------
Protected Resources Science and Management............ 196,848
=================
Fisheries Science and Management
Fisheries and Ecosystem Science Programs and 147,107
Services...........................................
Fisheries Data Collections, Surveys and Assessments. 168,086
Observers and Training.............................. 53,955
Fisheries Management Programs and Services.......... 121,116
Aquaculture......................................... 15,000
Salmon Management Activities........................ 37,000
Regional Councils and Fisheries Commissions......... 40,175
Interjurisductional Fisheries Grants................ 3,365
-----------------
Fisheries Science and Management...................... 585,804
=================
Enforcement........................................... 69,796
=================
Habitat Conservation and Restoration.................. 56,384
=================
Total, National Marine Fisheries Service, Operations, $908,832
Research, and Facilities.............................
------------------------------------------------------------------------
Consultation and Permitting Capacity.--Senate guidance
under NMFS for addressing Endangered Species Act and
Essential Fish Habitat consultation backlogs is adopted.
The agreement provides increases of $3,000,000 in
Protected Resources Science and Management, and $3,000,000
in Habitat Conservation and Restoration for these
purposes.
Economic Impact of Turtle Excluder Devices (TEDs).--The
agreement adopts House and Senate language regarding the
economic impact of TEDs but clarifies that the House and
Senate require only a single report on the specific steps
NMFS would consider taking to eliminate the negative economic
impact of any rule requiring TEDs. NMFS is directed to
deliver the report as soon as possible, but not later than 90
days prior to the release of any rule.
Gulf of Mexico Red Snapper.--Senate guidance on stock
assessments used for management of reef fish in the Gulf of
Mexico is adopted. Within the level of funding provided for
Fisheries Data Collections, Surveys and Assessments, NMFS
shall work on development, implementation, and validation of
electronic logbooks for the Federally permitted charter-for-
hire sector, as described in the House report, and continue
to provide technical support to the Gulf States, as described
in the Senate report.
Oyster Restoration.--The agreement provides $1,500,000
within Habitat Conservation and Restoration for oyster
restoration, as described in House report language.
Salmon Management Activities.--The agreement recognizes the
importance of implementing the newly renewed Pacific Salmon
Treaty Agreement and includes up to $1,500,000 above the
fiscal year 2018 level for these purposes.
Offshore Wind.--The agreement does not adopt House or
Senate language regarding offshore wind.
Highly Migratory Species.--In lieu of House and Senate
language, direction is provided for this activity under
Oceanic and Atmospheric Research, National Sea Grant College
Program.
California Operations.--House report language regarding
California operations is not adopted.
Biological Opinion Prioritization.--House report language
regarding Biological Opinion Prioritization is not adopted.
Office of Oceanic and Atmospheric Research (OAR).--
$525,060,000 is for OAR Operations, Research, and Facilities.
OFFICE OF OCEANIC AND ATMOSPHERIC RESEARCH
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Climate Research
Laboratories and Cooperative Institutes............. $61,000
Regional Climate Data and Information............... 38,000
Climate Competitive Research, Sustained Observations 60,000
and Regional Information...........................
---------------
Climate Research........................................ 159,000
===============
Weather and Air Chemistry Research
Laboratories and Cooperative Institutes............. 85,758
U.S. Weather Research Program....................... 17,000
Tornado Severe Storm Research/Phased Array Radar.... 12,622
Joint Technology Transfer Initiative................ 20,000
---------------
Weather and Air Chemistry Research...................... 135,380
===============
Ocean, Coastal and Great Lakes Research
Laboratories and Cooperative Institutes............. 36,000
National Sea Grant College Program.................. 68,000
Marine Aquaculture Program.......................... 12,000
Ocean Exploration and Research...................... 42,000
Integrated Ocean Acidification...................... 12,000
[[Page H767]]
Sustained Ocean Observations and Monitoring......... 43,000
Oceanographic Research Partnership Program.......... 5,500
---------------
Ocean, Coastal and Great Lakes Research................. 218,500
===============
High Performance Computing Initiatives.................. 12,180
===============
Total, Office of Oceanic and Atmospheric Research, $525,060
Operations, Research, and Facilities...................
------------------------------------------------------------------------
National Integrated Drought Information System (NIDIS).--
The agreement provides $13,500,000 for NIDIS activities.
Ocean Exploration and Research.--The agreement adopts House
and Senate report language regarding ocean exploration and
research. The agreement supports the use of existing tele-
presence technology, and applied exploration, to map
critically important mineral deposits within America's
exclusive economic zone and sites of submerged human history,
particularly in the Pacific.
Multi-Function Phased Array Radar (MPAR) Program.--The
fiscal year 2018 appropriations Act directed NOAA to maintain
its leadership in the Spectrum Efficient National
Surveillance Radar (SENSR) Program. There is frustration with
the decision to de-scope the SENSR program by removing the
high-resolution weather sensing requirements, and concern
that NOAA is unprepared to execute a weather radar follow-on
program. In lieu of Senate language, the agreement directs
OAR, in coordination with the National Weather Service, to
develop and submit to the Committees, within 90 days of
enactment of this Act, a weather radar follow-on research-to-
operations transition plan, in accordance with the
requirements for agency transition plans set forth under NOAA
Administrative Order 216-105B, section 3.06.
Oceanographic Research Partnership Program.--$5,500,000 is
for NOAA to advance ocean science research through the
program established under 10 U.S.C. 7901. Senate guidance for
this funding and support for Ocean Joint Technology Transfer
Initiative projects funded in fiscal year 2018 is adopted.
Joint Technology Transfer Initiative (JTTI).--House
language regarding JTTI is adopted. Of the amount provided
for JTTI, up to $5,000,000 shall be available to pursue
innovative, modern techniques to accelerate the transition of
weather research to operations.
Highly Migratory Species.--In lieu of House and Senate
language under NMFS, the agreement provides up to $2,000,000
within OAR for the Sea Grant program to partner with State
agencies, academia, and the fishing industry to research
highly migratory fish species in the Gulf of Mexico and the
Atlantic. This should include examining the impact of
offshore oil platforms on the biology of highly migratory
species, such as yellow fin tuna. Highly migratory species,
and the coastal communities that rely on the health of these
stocks, could greatly benefit from improved, science-based
management and conservation.
National Weather Service (NWS).--$1,020,719,000 is for NWS
Operations, Research, and Facilities.
NATIONAL WEATHER SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Observations............................................ $224,363
Central Processing...................................... 97,890
Analyze, Forecast and Support........................... 505,438
Dissemination........................................... 50,028
Science and Technology Integration...................... 143,000
===============
Total, National Weather Service, Operations, Research, $1,020,719
and Facilities.........................................
------------------------------------------------------------------------
Quarterly Briefings.--The fiscal year 2018 appropriations
Act directed the NWS to provide quarterly briefings to the
Committees on all NWS management and budget issues. The
agreement adopts House and Senate language regarding such
reporting. However, there is frustration and disappointment
that the NWS was unable to provide any quarterly briefings
during fiscal year 2018. The American people entrust the NWS
with more than $1,000,000,000 each year to provide accurate
weather forecasting. It is unacceptable that the NWS is
unwilling or unable to report to the Committees on its
operations. The leadership of the Department of Commerce and
NOAA shall ensure NWS improves the transparency of its
operations and provides quarterly briefings on management and
budget issues to the Committees.
National Mesonet Program.--The agreement adopts Senate
report language on the National Mesonet Program and provides
$19,000,000 for these activities.
Advanced Weather Interactive Processing System (AWIPS).--
Within the increased funding for Central Processing, the
agreement fully funds the request for the AWIPS Cyclical
Refreshment.
Facilities Maintenance.--Within funding for Analyze,
Forecast, and Support, the agreement provides $8,000,000 for
the National Weather Service's highest priority facilities
repair and deferred maintenance requirements at Weather
Forecast Offices. Thirty days prior to obligating any of
these additional facilities repair and deferred maintenance
funds, NWS shall submit a report providing: (1) a prioritized
list of NWS deferred facilities maintenance needs, based on
the facilities condition assessment; and (2) an estimate of
the total amount and composition of deferred facilities
maintenance. In subsequent fiscal years, NOAA shall request
resources in line with the September 2017 NWS Facilities
Strategic Plan.
Dissemination.--House report language regarding the
Integrated Dissemination Program system is not adopted.
National Water Center (NWC) Operations.--The agreement
adopts Senate language under NWS for the NWC and provides an
additional $1,500,000 within Analyze, Forecast, and Support
to expedite hiring within the NWC Water Prediction Operations
Division. The increasing prevalence and severity of flooding
events results in loss of life and billions of dollars of
property damage. While NOAA has made progress in developing
next-generation water modeling capabilities, such as the
National Water Model, it is imperative that these
technologies be transitioned into operations to enable more
accurate and longer range flood forecasts. Objective 3.3 of
the Department of Commerce's Strategic Plan directs NOAA to
begin demonstrating these capabilities. Therefore, NWS should
also simultaneously be preparing to operationalize these
capabilities. NWS is directed to develop and make public, by
the end of fiscal year 2019, an operations and services
policy directive that defines national instructions on
operations at the NWC, and the content and provision of NWC
products and services. Further, such policy should establish
the NWC as the operational center of excellence for water
prediction and related decision support services within NOAA.
National Environmental Satellite, Data and Information
Service (NESDIS).--$242,666,000 is for National Environmental
Satellite, Data and Information Service Operations, Research,
and Facilities.
[[Page H768]]
NATIONAL ENVIRONMENTAL SATELLITE, DATA AND INFORMATION SERVICE
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Satellite and Product Operations.............. $146,924
===============
Product Development, Readiness and Application.......... 31,000
===============
Commercial Remote Sensing Regulatory Affairs........ 1,800
Office of Space Commerce............................ 1,800
Group on Earth Observations......................... 500
---------------
Environmental Satellite Observing Systems............... 182,024
===============
National Centers for Environmental Information.......... 60,642
===============
Total, National Environmental Satellite, Data and $242,666
Information Service, Operations, Research, and
Facilities.............................................
------------------------------------------------------------------------
Mission Support.--$267,213,000 is for Mission Support
Operations, Research, and Facilities.
MISSION SUPPORT
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Mission Support
Executive Leadership.............................. $27,078
Mission Services and Management................... 148,000
IT Security....................................... 10,050
Payment to DOC Working Capital Fund............... 53,585
-----------------
Mission Support Services.............................. 238,713
=================
Office of Education
BWET Regional Programs............................ 7,500
Education Partnership Program/Minority Serving 16,000
Institutions.....................................
NOAA Education Program Base....................... 5,000
-----------------
Office of Education................................... 28,500
=================
Total, Mission Support, Operations, Research and $267,213
Facilities...........................................
------------------------------------------------------------------------
Office of Marine and Aviation Operations (OMAO).--
$226,420,000 is for OMAO Operations, Research, and
Facilities.
OFFICE OF MARINE AND AVIATION OPERATIONS
Operations, Research, and Facilities
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Office of Marine and Aviation Operations
Marine Operations and Maintenance................. $190,670
Aviation Operations and Aircraft Services......... 35,750
=================
Total, Office of Marine and Aviation Operations....... $226,420
------------------------------------------------------------------------
Monitoring of Atmospheric Rivers.--Improving understanding
of atmospheric rivers is critical to preparing for
concentrated rain storms and flooding along the U.S. West
Coast. Therefore, the agreement provides $1,000,000 for use
of airborne assets to conduct increased winter storm
observations to better observe and predict these extreme
weather events.
Fleet Deferred Maintenance.--The agreement provides
$9,500,000 above the request in OMAO's Operations, Research,
and Facilities account, and $11,500,000 above the request in
OMAO's Procurement, Acquisition and Construction account to
address deferred maintenance and technological refresh of
NOAA's fleet. Within 120 days of enactment of this Act, NOAA
shall update the Committees on the remaining deferred
maintenance needs and the fleet maintenance strategy going
forward.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a total program level of
$1,768,349,000 in direct obligations for NOAA Procurement,
Acquisition and Construction (PAC), of which $1,755,349,000
is appropriated from the general fund and $13,000,000 is
derived from recoveries of prior year obligations. The
following narrative and table identify the specific
activities and funding levels included in this Act:
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
National Ocean Service
National Estuarine Research Reserve Construction.... $1,900
Marine Sanctuaries Construction..................... 2,000
---------------
Total, NOS-PAC.................................. 3,900
---------------
Office of Oceanic and Atmospheric Research
Systems Acquisition
Research Supercomputing/CCRI.................... 41,000
---------------
National Weather Service
Systems Acquisition
Observations.................................... 21,129
Central Processing.............................. 66,761
Dissemination................................... 35,000
---------------
Subtotal, NWS, Systems Acquisition.................. 122,890
---------------
[[Page H769]]
Weather Forecast Office Construction................ 19,000
---------------
Total, NWS-PAC.................................. 141,890
---------------
National Environmental Satellite, Data and Information
Service
GOES R.............................................. 408,380
Space Weather Follow-on............................. 27,000
Joint Polar Satellite System........................ 548,035
Polar Follow-on..................................... 329,956
CDARS............................................... 26,539
COSMIC 2/GNSS RO.................................... 5,892
Satellite Ground Services........................... 58,000
System Architecture and Advanced Planning........... 4,929
Projects, Planning, and Analysis.................... 40,000
Commercial Weather Data Pilot....................... 6,000
---------------
Subtotal, NESDIS Systems Acquisition................ 1,454,731
---------------
Satellite COA Facility.............................. 2,450
---------------
Total, NESDIS-PAC............................... 1,457,181
---------------
Mission Support
NOAA Construction................................... 25,000
---------------
Office of Marine and Aviation Operations
Fleet Capital Improvements and Technology Infusion.. 24,378
New Vessel Construction............................. 75,000
---------------
Total, OMAO-PAC................................. 99,378
---------------
Total, Procurement, Acquisition, and $1,768,349
Construction...................................
------------------------------------------------------------------------
NWS Construction and Major Repair.--The agreement includes
$19,000,000 for NWS Facilities Construction and Major Repair,
and, within the amount provided, not less than $11,000,000 is
to address NWS's most pressing major construction needs among
the Weather Forecast Offices.
Polar Weather Satellites.--Senate language regarding Polar
Weather Satellites is not adopted. The agreement maintains
separate funding for the Joint Polar Satellite System (JPSS)
and the Polar Weather Follow-on (PFO) Program and includes
$548,035,000 and $329,956,000 for those programs,
respectively. NOAA's proposal to combine the JPSS and PFO
programs will continue to be considered, and NOAA is
encouraged to provide the Committees, concurrent with the
submission of its fiscal year 2020 budget request, a revised
proposal that clearly identifies the cost and programmatic
efficiencies that would be gained by combining these programs
into one funding line.
NOAA Construction.--House and Senate reporting requirements
regarding deferred facilities maintenance needs are adopted.
Additionally, the agreement retains Senate language regarding
Mission Support, facilities initiative.
Space Weather Follow-on.--The agreement includes
$27,000,000 for Space Weather Follow-on. NOAA shall continue
development and construction of two compact coronagraphs.
Further, NOAA shall begin preparations to integrate a compact
coronagraph on Geostationary Operational Environmental
Satellite-U and coordinate with the National Aeronautics
and Space Administration to launch a compact coronagraph
as a ride-share with the Interstellar Mapping and
Acceleration Program mission to ensure continuation of
Federal space weather sentinel and forecasting
capabilities.
NOAA Marine Operations Facilities.--As a result of the
submission of the report required in fiscal year 2018
regarding the facility to accommodate the NOAA fisheries
research vessel Henry B. Bigelow, the agreement does not
adopt the Senate report language withholding certain funding.
NOAA Construction funding may be used to implement the
recommendations of the report. In the future, the NOAA is
expected to meet its reporting deadlines.
PACIFIC COASTAL SALMON RECOVERY
The agreement includes $65,000,000 for Pacific Coastal
Salmon Recovery. The agreement adopts the House approach to
the allocation of funds to eligible grantees.
FISHERMEN'S CONTINGENCY FUND
The agreement includes $349,000 for the Fishermen's
Contingency Fund.
FISHERY DISASTER ASSISTANCE
The agreement includes $15,000,000 for fishery disaster
assistance.
FISHERIES FINANCE PROGRAM ACCOUNT
The agreement includes language under this heading limiting
obligations of direct loans to $24,000,000 for Individual
Fishing Quota loans and $100,000,000 for traditional direct
loans.
Departmental Management
SALARIES AND EXPENSES
The agreement includes $63,000,000 for Departmental
Management salaries and expenses.
Space Commerce.--The Department transmitted a legislative
proposal to create, within the Department, a Bureau of Space
Commerce in response to Presidential Space Directive-2,
Streamlining Regulations on Commercial Use of Space. The
mission of the proposed Bureau of Space Commerce would be to
encourage commercial space activity, streamline regulations,
and consolidate Department of Commerce space commerce
functions. The Department shall work with appropriations and
authorizing committees on any future implementation of this
legislative proposal. Until such time that a Bureau of Space
Commerce is established in law, the agreement provides
sufficient funds to support the Office of Space Commerce,
within NOAA NESDIS, and directs the Department to fully
utilize its current offices and authorities to encourage the
commercial use of space.
OFFICE OF INSPECTOR GENERAL
The agreement includes a total of $41,102,000 for the
Office of Inspector General. This amount includes $32,744,000
in direct appropriations, a $1,500,000 transfer from USPTO, a
transfer of $3,556,000 from the Bureau of the Census,
Periodic Censuses and Programs, and $1,302,000 from NOAA PAC
for audits and reviews of those programs. In addition,
$2,000,000 is derived from the Public Safety Trust Fund for
oversight of FirstNet.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Commerce:
Section 101 makes funds available for advanced payments
only upon certification of officials, designated by the
Secretary, that such payments are considered to be in the
public interest.
Section 102 makes appropriations for Department salaries
and expenses available for hire of passenger motor vehicles,
for services, and for uniforms and allowances as authorized
by law.
Section 103 provides the authority to transfer funds
between Department of Commerce appropriation accounts and
requires 15 days advance notification to the Committees on
Appropriations for certain actions.
Section 104 provides congressional notification
requirements for NOAA satellite programs and includes life
cycle cost estimates for certain weather satellite programs.
Section 105 provides for reimbursement for services within
Department of Commerce buildings.
Section 106 clarifies that grant recipients under the
Department of Commerce may continue to deter child
pornography, copyright infringement, or any other unlawful
activity over their networks.
Section 107 provides the NOAA Administrator with the
authority to avail NOAA of resources, with the consent of
those supplying the resources, to carry out responsibilities
of any statute administered by NOAA.
Section 108 prohibits the National Technical Information
Service from charging for certain services.
Section 109 allows NOAA to be reimbursed by Federal and
non-Federal entities for performing certain activities.
Section 110 provides the Economics and Statistics
Administration certain authority to enter into cooperative
agreements.
Section 111 provides for certain joint enforcement
agreement activities.
Section 112 amends Public Law 115-123 regarding NOAA
facilities.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
The agreement includes $113,000,000 for General
Administration, Salaries and Expenses. This reduction of
$1,000,000 from the fiscal year 2018 level reflects
dissatisfaction with continued poor responsiveness to
congressional inquiries. The Department shall comply with
Senate Report 114-239 direction regarding timely responses to
the Committees.
Fighting the Opioid Epidemic.--The agreement includes
significant increases in both law enforcement and grant
resources for the Department of Justice (DOJ) to continue
combating the rising threat to public health and safety from
opioid and heroin use and drug trafficking. This includes a
total of $468,000,000, an increase of $21,500,000 more than
fiscal year 2018, in DOJ grant funding to help State, local,
and tribal communities respond to the opioid crisis. The Drug
Enforcement Administration (DEA) is also funded at
$2,687,703,000, an increase of $77,803,000 more than fiscal
year 2018, to help fight drug trafficking, including heroin
and fentanyl. Funding for DEA will also expand interdiction
and intervention programs including the addition of at least
four new heroin enforcement teams and DEA 360 Strategy
programming.
Working Capital Fund and Non-appropriated Fund Budget
Requests and Expenditure Plans.--DOJ shall include a detailed
breakout of its non-appropriated funding sources in its
future budget requests, as specified in the House report. DOJ
shall include in its fiscal year 2019 spending plans for DOJ
components details on non-appropriated funds with regard to
the Working Capital Fund, retained earnings and unobligated
transfers, and civil debt collection proceeds, as specified
in the House and Senate reports.
The spending plans should include reports specified in the
Senate report regarding Working Capital Fund carryover funds
and Three Percent Fund collections and expenditures. In
addition, DOJ shall continue to provide the Committees
quarterly reports on the collections, balances, and
obligations of these funds, as specified in the House and
Senate reports.
The agreement does not adopt section 539 of the House
reported bill regarding civil settlement agreements. The
Attorney General's June 5, 2017, memorandum, ``Prohibition on
Settlement Payments to Third Parties'' addresses the
treatment of such settlements.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $32,000,000 for Justice Information
Sharing Technology.
[[Page H770]]
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $563,407,000 for the Executive
Office for Immigration Review (EOIR), of which $4,000,000 is
derived by transfer from fee collection. Within the funding
provided, $11,400,000 is provided for the Legal Orientation
Program (LOP). Senate report language regarding LOP and
technology improvements is adopted.
In fiscal year 2018, Congress provided funding for 484
Immigration Judge (IJ) teams. Despite Departmental actions to
accelerate the recruitment and hiring of immigration judges,
only 395 IJ teams were on-board at the end of fiscal year
2018. The agreement provides funding for 534 IJ teams,
including associated space and technology requirements.
Immigration Adjudication Performance and Reducing Case
Backlog.--The Department shall continue efforts to accelerate
the hiring and deployment of IJ teams, giving priority to the
highest workload areas, and improving coordination with the
Department of Homeland Security to institute fair and
efficient court proceedings in detention facilities and
ensure court appearances by non-detained individuals. The
Department should continue to hire the most qualified IJs
from a diverse pool of candidates to ensure the adjudication
process is impartial and consistent with due process.
EOIR shall continue to submit monthly reports on
performance and IJ hiring in the format and detail provided
in fiscal year 2018, to include statistics available on the
number of cases where visa overstay is a relevant factor and
the median days pending for both detained and non-detained
cases. The reports shall also list IJs who are temporarily
deployed away from their permanent courtrooms, noting the
permanent and temporary duty stations of each IJ and the
length of such temporary duty assignments. To the extent EOIR
has adopted new performance measures related to the efficient
and timely completion of cases and motions, statistics
reflecting those measures should be included in the report.
OFFICE OF INSPECTOR GENERAL
The agreement includes $101,000,000 for the Office of
Inspector General.
United States Parole Commission
SALARIES AND EXPENSES
The agreement includes $13,000,000 for the salaries and
expenses of the United States Parole Commission.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
The agreement includes $904,000,000 for General Legal
Activities, which supports the Department's full request for
the Criminal Division (CRM) to sustain the Mutual Legal
Assistance Treaty reform process, and provides increased
funding for CRM and its Office of International Affairs for
this purpose.
VACCINE INJURY COMPENSATION TRUST FUND
The agreement includes a reimbursement of $10,000,000 for
DOJ expenses associated with litigating cases under the
National Childhood Vaccine Injury Act of 1986 (Public Law 99-
660).
SALARIES AND EXPENSES, ANTITRUST DIVISION
The agreement includes $164,977,000 for the Antitrust
Division. This appropriation is offset by an estimated
$136,000,000 in pre-merger filing fee collections, resulting
in a direct appropriation of $28,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
The agreement includes $2,212,000,000 for the Executive
Office for United States Attorneys and the 94 United States
Attorneys' offices, of which $25,000,000 shall remain
available until expended.
UNITED STATES TRUSTEE SYSTEM FUND
The agreement includes $226,000,000 for the United States
Trustee Program.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
The agreement includes $2,409,000 for the Foreign Claims
Settlement Commission.
FEES AND EXPENSES OF WITNESSES
The agreement includes $270,000,000 for Fees and Expenses
of Witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,500,000 for the Community
Relations Service.
ASSETS FORFEITURE FUND
The agreement includes $20,514,000 for the Assets
Forfeiture Fund.
United States Marshals Service
SALARIES AND EXPENSES
The agreement includes $1,358,000,000 for the salaries and
expenses of the United States Marshals Service (USMS).
CONSTRUCTION
The agreement includes $15,000,000 for construction and
related expenses in space controlled, occupied, or utilized
by the USMS for prisoner holding and related support.
FEDERAL PRISONER DETENTION
The agreement includes $1,552,397,000 for Federal Prisoner
Detention.
National Security Division
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $101,369,000 for the salaries and
expenses of the National Security Division.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
The agreement includes $560,000,000 for the Organized Crime
and Drug Enforcement Task Forces, of which $389,000,000 is
for investigations and $171,000,000 is for prosecutions.
Federal Bureau of Investigation
SALARIES AND EXPENSES
The agreement includes $9,192,137,000 for the salaries and
expenses of the Federal Bureau of Investigation (FBI),
including $1,771,000,000 for Intelligence, $3,750,000,000 for
Counterterrorism and Counterintelligence, $3,122,000,000 for
Criminal Enterprises and Federal Crimes, and $549,137,000 for
Criminal Justice Services. Within funding provided, the FBI
is expected to enhance its efforts regarding human
trafficking investigations.
Terrorist Explosive Device Analytical Center (TEDAC).--The
Terrorist Explosive Device Analytical Center laboratory at
Redstone Arsenal has been accredited for forensic testing,
including explosives, by the American National Standards
Institute-American Society for Quality (ANSI-ASQ) National
Accreditation Board. Accreditation represents a significant
milestone for TEDAC and its staff and further cements the
laboratory's role in performing forensic and technical
exploitation of terrorist IEDs and explosives, both
nationally and internationally.
Cyber-stalking and threat crimes investigations and
prosecutions.--The FBI is expected to submit to the
Committees the report as directed in House Report 115-231,
and codified in Public Law 115-141, regarding increased
instances of cyber-stalking and threats, including the need
for additional resources. Both the FBI and US Attorneys are
directed to investigate and prosecute cyber-stalking and
other internet threat crimes to the fullest extent of the
law.
CONSTRUCTION
The agreement includes $385,000,000 for FBI construction,
which supports the Senate's language on 21st Century
Facilities and provides additional funding above the
requested level for the FBI to address its highest priorities
outside of the immediate national capital area.
Drug Enforcement Administration
SALARIES AND EXPENSES
The agreement includes a direct appropriation of
$2,267,000,000 for the salaries and expenses of the DEA. In
addition, DEA expects to derive $420,703,000 from fees
deposited in the Diversion Control Fund to carry out the
Diversion Control Program, resulting in $2,687,703,000 in
total spending authority for DEA. Funding flexibility is
provided to DEA to make improvements at its training academy.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
The agreement includes $1,316,678,000 for the salaries and
expenses of the Bureau of Alcohol, Tobacco, Firearms and
Explosives.
Federal Prison System
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $7,250,000,000 for the salaries and
expenses of the Federal Prison System. House and Senate
report language on treatment programming is adopted.
Residential Reentry Centers (RRCs).--Senate report language
on RRCs is adopted for RRCs in compliance with Federal law.
BUILDINGS AND FACILITIES
The agreement includes $264,000,000 for the construction,
acquisition, modernization, maintenance, and repair of prison
and detention facilities housing Federal inmates, of which
$175,000,000 is included for construction of new facilities.
The Bureau of Prisons shall provide a list of planned
Maintenance and Repair (M&R) projects to be carried out, with
estimated costs and completion dates, with the fiscal year
2019 spending plan provided to the Committees, as well as an
updated listing of remaining unfunded M&R projects.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES,
INCORPORATED
The agreement includes a limitation on administrative
expenses of $2,700,000 for Federal Prison Industries,
Incorporated.
State and Local Law Enforcement Activities
In total, the agreement includes $3,019,800,000 for State
and local law enforcement and crime prevention programs. This
amount includes $2,915,800,000 in discretionary budget
authority, of which $497,500,000 is derived by transfer from
the Crime Victims Fund. This amount also includes
$104,000,000 scored as mandatory for Public Safety Officer
Benefits.
House and Senate report language regarding management and
administration expenses is adopted by reference, and it is
clarified that the Department's methodology for assessing
these costs should be both fair and equitable across all
grant programs.
The agreement does not adopt House language regarding
streamlining of grant administration.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $497,500,000 for the Office on
Violence Against Women. These funds are distributed as
follows:
[[Page H771]]
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
STOP Grants........................................... $215,000
Transitional Housing Assistance....................... 36,000
Research and Evaluation on Violence Against Women..... 3,000
Consolidated Youth-Oriented Program................... 11,000
Grants to Encourage Arrest Policies................... 53,000
Homicide Reduction Initiative....................... (4,000)
Sexual Assault Victims Services....................... 37,500
Rural Domestic Violence and Child Abuse Enforcement... 42,000
Violence on College Campuses.......................... 20,000
Civil Legal Assistance................................ 45,000
Edler Abuse Grant Program............................. 5,000
Family Civil Justice.................................. 16,000
Education and Training for Disabled Female Victims.... 6,000
National Resource Center on Workplace Responses....... 1,000
Research on Violence Against Indian Women............. 1,000
Indian Country--Sexual Assault Clearinghouse.......... 500
Tribal Special Domestic Violence Criminal Jurisdiction 4,000
Rape Survivor Child Custody Act....................... 1,500
=================
TOTAL, Violence Against Women Prevention and $497,500
Prosecution Programs...............................
------------------------------------------------------------------------
Office of Justice Programs
RESEARCH, EVALUATION AND STATISTICS
The agreement provides $80,000,000 for the Research,
Evaluation and Statistics account. These funds are
distributed as follows:
RESEARCH, EVALUATION AND STATISTICS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Bureau of Justice Statistics.......................... $43,000
NCS-X Implementation Program...................... (5,000)
National Institute of Justice......................... 37,000
Domestic Radicalization Research.................. (4,000)
Research on School Safety......................... (1,000)
Juvenile Online Victimization Survey.............. (1,000)
National Center for Restorative Justice........... (3,000)
=================
TOTAL, Research, Evaluation and Statistics........ $80,000
------------------------------------------------------------------------
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $1,723,000,000 for State and Local
Law Enforcement Assistance programs. These funds are
distributed as follows:
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Byrne Memorial Justice Assistance Grants.............. $423,500
Officer Robert Wilson III VALOR Initiative........ (12,000)
Smart Policing.................................... (7,500)
Smart Prosecution................................. (8,000)
Juvenile Indigent Defense......................... (2,000)
NamUS............................................. (2,400)
Academic Based Training Program to improve Police- (2,500)
Based Responses to People with Mental Illness....
Project Safe Neighborhoods........................ (20,000)
John R. Justice Grant Program..................... (2,000)
Capital Litigation and Wrongful Conviction Review. (5,000)
Prison Rape Prevention and Prosecution............ (15,500)
Emergency Federal Law Enforcement Assistance...... (2,000)
Managed access systems............................ (2,000)
Kevin and Avonte's Law............................ (2,000)
Regional Law Enforcement Technology Initiative.... (3,000)
Community Based Violence Prevention............... (8,000)
State Criminal Alien Assistance Program............... 243,500
Victims of Trafficking Grants......................... 85,000
Economic, High-tech, White Collar and Cybercrime 14,000
Prevention...........................................
Intellectual Property Enforcement Program......... (2,500)
Digital Investigation Education Program........... (2,000)
Adam Walsh Act Implementation......................... 20,000
Bulletproof Vests Partnerships........................ 25,000
Transfer to NIST/OLES............................. (1,500)
National Sex Offender Public Website.................. 1,000
[[Page H772]]
National Instant Criminal Background Check System 75,000
(NICS) Initiative....................................
NICS Act Record Improvement Program............... (25,000)
Paul Coverdell Forensic Science....................... 30,000
DNA Initiative........................................ 130,000
Debbie Smith DNA Backlog Grants................... (120,000)
Kirk Bloodsworth Post-Conviction DNA Testing (6,000)
Grants...........................................
Sexual Assault Forensic Exam Program Grants....... (4,000)
Community Teams to Reduce the Sexual Assault Kit (SAK) 48,000
Backlog..............................................
CASA--Special Advocates............................... 12,000
Tribal Assistance..................................... 37,500
Second Chance Act/Offender Reentry.................... 87,500
Smart Probation................................... (6,000)
Children of Incarcerated Parents Demo Grants...... (5,000)
Pay for Success................................... (7,500)
Pay for Success (Permanent Supportive Housing (5,000)
Model)...........................................
Project HOPE Opportunity Probation with (4,000)
Enforcement......................................
STOP School Violence Act.............................. 75,000
Community trust initiative............................ 66,500
Body Worn Camera Partnership Program.............. (22,500)
Justice Reinvestment Initiative................... (27,000)
Byrne Criminal Justice Innovation Program......... (17,000)
Opioid initiative..................................... 347,000
Drug Courts....................................... (77,000)
Veterans Treatment Courts......................... (22,000)
Residential Substance Abuse Treatment............. (30,000)
Prescription Drug Monitoring...................... (30,000)
Mentally Ill Offender Act......................... (31,000)
Comprehensive Opioid Abuse Program (COAP)......... (157,000)
Keep Young Athletes Safe Act of 2018.................. 2,500
=================
TOTAL, State and Local Law Enforcement Assistance. $1,723,000
------------------------------------------------------------------------
Comprehensive Addiction and Recovery Act (CARA) programs.--
The agreement provides a total of $347,000,000 for DOJ's CARA
programs, an increase of $17,000,000 above the fiscal year
2018 level, including $12,000,000 above the fiscal year 2018
level for the Comprehensive Opioid Abuse Program (COAP). It
is expected that the Bureau of Justice Assistance will be
able to continue to make additional site-based program awards
under the existing COAP structure including no less than:
$5,000,000 for Law Enforcement Assisted Diversion (LEAD)
programs; $10,000,000 for drug collection programs as
described under Chapter 6 of Public Law 115-271; $3,000,000
for forensics services for rural law enforcement to address
drug court backlogs; $5,000,000 for education and prevention
programs to connect law enforcement agencies with K-12
students; and $10,000,000 for embedding social services with
law enforcement to respond to opioid overdoses where children
are impacted.
The agreement does not adopt House report language on
extreme risk protection orders.
Emergency Federal Law Enforcement Assistance.--In addition
to the funding provided in the agreement, as of the end of
fiscal year 2018 the Emergency Federal Law Enforcement
Assistance Program had unobligated balances of $11,800,000.
These funds remain available to address exigent law
enforcement needs in fiscal year 2019.
JUVENILE JUSTICE PROGRAMS
The agreement includes $287,000,000 for Juvenile Justice
programs. These funds are distributed as follows:
JUVENILE JUSTICE PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Part B--State Formula Grants.......................... $60,000
Emergency Planning--Juvenile Detention Facilities. (500)
Youth Mentoring Grants................................ 95,000
Title V--Delinquency Prevention Incentive Grants...... 24,500
Tribal Youth...................................... (5,000)
Children of Incarcerated Parents Web Portal....... (500)
Girls in the Justice System....................... (2,000)
Opioid Affected Youth Initiative.................. (9,000)
Children Exposed to Violence...................... (8,000)
Victims of Child Abuse Programs....................... 22,500
Missing and Exploited Children Programs............... 82,000
Training for Judicial Personnel....................... 3,000
=================
TOTAL, Juvenile Justice........................... $287,000
------------------------------------------------------------------------
Missing and Exploited Children Programs.--The Department is
directed that the increased amount provided above the fiscal
year 2018 level shall be divided proportionally among Missing
and Exploited Children Programs excluding research and
technical assistance activities.
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $128,800,000 for the Public Safety
Officer Benefits program for fiscal year 2019. Within the
funds provided, $104,000,000 is for death benefits for
survivors, an amount estimated by the Congressional Budget
Office that is considered mandatory for scorekeeping
purposes. In addition, $24,800,000 is provided for disability
benefits for public safety officers permanently and totally
disabled as a result of a catastrophic injury and for
education benefits for the spouses and children of officers
killed in the line of duty or permanently and totally
disabled as a result of a catastrophic injury sustained in
the line of duty.
Community Oriented Policing Services
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $303,500,000 for Community Oriented
Policing Services (COPS) programs, as follows:
[[Page H773]]
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
COPS Hiring Grants.................................... $228,500
Tribal Resources Grant Program.................... (27,000)
Tribal Access Program............................. (3,000)
Community Policing Development/Training and (6,500)
Technical Assistance.............................
Regional Information Sharing Activities........... (37,000)
Law Enforcement Mental Health and Wellness Act.... (2,000)
Police Act............................................ 10,000
Anti-Methamphetamine Task Forces...................... 8,000
Anti-Heroin Task Forces............................... 32,000
STOP School Violence Act.............................. 25,000
=================
TOTAL, Community Oriented Policing Services....... $303,500
------------------------------------------------------------------------
General Provisions--Department of Justice
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions for
the Department of Justice:
Section 201 makes available additional reception and
representation funding for the Attorney General from the
amounts provided in this title.
Section 202 prohibits the use of funds to pay for an
abortion, except in the case of rape or incest, or to
preserve the life of the mother.
Section 203 prohibits the use of funds to require any
person to perform or facilitate the performance of an
abortion.
Section 204 establishes that the Director of the Bureau of
Prisons (BOP) is obliged to provide escort services to an
inmate receiving an abortion outside of a Federal facility,
except where this obligation conflicts with the preceding
section.
Section 205 establishes requirements and procedures for
transfer proposals.
Section 206 prohibits the use of funds for transporting
prisoners classified as maximum or high security, other than
to a facility certified by the BOP as appropriately secure.
Section 207 prohibits the use of funds for the purchase or
rental by Federal prisons of audiovisual or electronic media
or equipment, services and materials used primarily for
recreational purposes, except for those items and services
needed for inmate training, religious, or educational
purposes.
Section 208 requires review by the Deputy Attorney General
and the Department Investment Review Board prior to the
obligation or expenditure of funds for major information
technology projects.
Section 209 requires the Department to follow reprogramming
procedures prior to any deviation from the program amounts
specified in this title or the reuse of specified deobligated
funds provided in previous years.
Section 210 prohibits the use of funds for A-76
competitions for work performed by employees of BOP or
Federal Prison Industries, Inc.
Section 211 prohibits U.S. Attorneys from holding
additional responsibilities that exempt U.S. Attorneys from
statutory residency requirements.
Section 212 permits up to 3 percent of grant and
reimbursement program funds made available to the Office of
Justice Programs to be used for training and technical
assistance, and permits up to 2.5 percent of grant funds made
available to that office to be used for criminal justice
research, evaluation and statistics by the National Institute
of Justice and the Bureau of Justice Statistics.
Section 213 gives the Attorney General the authority to
waive matching requirements for Second Chance Act adult and
juvenile reentry demonstration projects; State, Tribal, and
local reentry courts; and drug treatment programs.
Section 214 waives the requirement that the Attorney
General reserve certain funds from amounts provided for
offender incarceration.
Section 215 prohibits funds, other than funds for the
national instant criminal background check system established
under the Brady Handgun Violence Prevention Act, from being
used to facilitate the transfer of an operable firearm to a
known or suspected agent of a drug cartel where law
enforcement personnel do not continuously monitor or control
such firearm.
Section 216 places limitations on the obligation of funds
from certain Department of Justice accounts and funding
sources.
Section 217 allows certain funding to be made available for
use in Performance Partnership Pilots.
TITLE III
SCIENCE
Office of Science and Technology Policy
The agreement includes $5,544,000 for the Office of Science
and Technology Policy (OSTP).
Emerging Contaminants.--OSTP submitted the ``Plan for
Addressing Critical Research Gaps Related to Emerging
Contaminants in Drinking Water'' in October 2018. Within 90
days of the enactment of this agreement, OSTP shall update
the implementation plan included in that report, including
identifying budgetary resources required, by agency, for
fiscal years 2019, 2020, and 2021.
NATIONAL SPACE COUNCIL
The agreement includes $1,965,000 for the activities of the
National Space Council.
Execution of Space Programs.--Under Executive Order 13803,
the National Space Council (the Council) is directed to,
among other duties, ``develop recommendations for the
President on space policy and space-related issues'' and
``foster close coordination, cooperation, and technology and
information exchange among the civil, national security, and
commercial space sectors.'' In executing these duties, the
Council is reminded that, in recent years, poor workmanship,
poor oversight, and poor performance (e.g., flawed welding
techniques, component tube contamination, incorrect cleaning
methods, using the wrong voltage in testing, unreliable
launch vehicle bolt cutter assembly, mishandling of rocket
stages during transport, and substandard strut components)
have led to costly delays and even loss of mission. Overly
ambitious technology development, optimistic scheduling, and
poor cost estimation have become common. No type of contract
vehicle seems immune, whether traditional cost-plus contracts
or firm, fixed-price contracts are used. These are inherent,
systemic problems that cannot continue. National security,
technology development, scientific discoveries, and improved
weather forecasting are too important to the future of the
Nation and require the Council to address these issues.
National Aeronautics and Space Administration
The agreement includes $21,500,000,000 for the National
Aeronautics and Space Administration (NASA). The agreement
includes substantial new resources for activities related to
Moon exploration and retains language regarding submission of
a detailed report prior to obligating certain funds. As noted
elsewhere in this statement, the lack of progress across
science and exploration programs despite continued
significant and sustained investments in these programs is
dismaying. Reports by the NASA Inspector General (IG), the
Government Accountability Office (GAO), and independent
experts point to a number of deficiencies that NASA and its
private sector partners must address. During fiscal year
2019, NASA is expected to show marked success in addressing
the myriad deficiencies identified by oversight bodies.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
(in thousands of dollars)
------------------------------------------------------------------------
Program Amount
------------------------------------------------------------------------
Science:
Earth Science.......................................... $1,931,000
Planetary Science...................................... 2,758,500
Astrophysics........................................... 1,191,600
James Webb Space Telescope............................. 304,600
Heliophysics........................................... 720,000
------------
Total, Science..................................... 6,905,700
============
Aeronautics................................................ 725,000
============
Space Technology........................................... 926,900
============
Exploration:
Orion Multi-purpose Crew Vehicle....................... 1,350,000
Space Launch System (SLS) Vehicle Development.......... 2,150,000
Exploration Ground Systems............................. 592,800
Exploration R&D........................................ 958,000
------------
Total, Exploration................................. 5,050,800
============
Space Operations........................................... 4,639,100
============
STEM Engagement............................................ 110,000
============
Safety, Security and Mission Service....................... 2,755,000
============
Construction and Environmental Compliance and Restoration.. 348,200
============
Office of Inspector General................................ 39,300
============
Total, NASA........................................ $21,500,000
------------------------------------------------------------------------
SCIENCE
The agreement includes $6,905,700,000 for Science.
Earth Science.--The agreement includes $1,931,000,000 for
Earth Science and adopts all funding levels designated by the
House and the Senate.
[[Page H774]]
Planetary Science.--The agreement includes $2,758,500,000
for Planetary Science. The agreement adopts House language
regarding the Europa Clipper and Lander missions modified to
reflect launch dates of 2023 for the Clipper and 2025 for the
Lander. The agreement includes $97,000,000 for the Double
Asteroid Redirection Test and no less than the fiscal year
2018 level for NEOcam. The agreement includes up to
$218,000,000 for the Lunar Discovery and Exploration program,
including $21,000,000 for the Lunar Reconnaissance Orbiter.
The agreement adopts Senate language regarding the helicopter
technology demonstration planned for Mars 2020.
Astrophysics.--The agreement includes $1,191,600,000 for
Astrophysics, including $98,300,000 for Hubble Space
Telescope operations and $45,000,000 for Education and Public
Outreach activities. The agreement does not adopt House
language regarding certain work with private sector or
philanthropic organizations.
Wide-Field Infrared Survey Telescope (WFIRST).--The
agreement includes no less than $312,200,000 for WFIRST. The
agreement emphasizes and reiterates House and Senate language
regarding cost overruns, schedule delays, and adherence to
the $3,200,000,000 cost cap. The agreement also includes
$10,000,000 for starshade technology development and
$10,000,000 for search for life technology development.
James Webb Space Telescope (JWST).--The agreement includes
$304,600,000 for JWST. There is profound disappointment with
both NASA and its contractors regarding mismanagement,
complete lack of careful oversight, and overall poor basic
workmanship on JWST, which has undergone two significant
reviews because of failures on the part of NASA and its
commercial sector partner. NASA and its commercial partners
seem to believe that congressional funding for this project
and other development efforts is an entitlement, unaffected
by failures to stay on schedule or within budget. This
attitude ignores the opportunity cost to other NASA
activities that must be sacrificed or delayed. The agreement
includes a general provision to adjust the cap for JWST to
$8,802,700,000, an increase of $802,700,000 above the
previous cap. NASA should strictly adhere to this cap or,
under this agreement, JWST will have to find cost savings or
cancel the mission. NASA and its contractors are expected to
implement the recommendations of both the most recent
independent review and the previous Casani report and to
continue cooperation with JWST's standing review board. The
agreement does not adopt the reorganization of JWST into
Astrophysics, and the JWST Program Office shall continue the
reporting structure adopted after the Casani report and
reiterated by the recent Webb Independent Review Board.
Heliophysics.--The agreement includes $720,000,000 for
Heliophysics, including $15,000,000 for a Space Weather
Science Applications Project.
AERONAUTICS
The agreement includes $725,000,000 for Aeronautics,
including no less than $35,000,000 for hypersonic research
activities as directed by the House. The agreement modifies
House language regarding air mobility and automation and
directs that this report be submitted within 90 days of
enactment of this agreement.
SPACE TECHNOLOGY
The agreement includes $926,900,000 for Space Technology.
The agreement reiterates House and Senate language regarding
the need to maintain an independent research and technology
portfolio to support both science and human exploration
programs. It is understood that NASA has further refined
internal oversight responsibility for programs within this
account and the Exploration account and directs NASA to make
adjustments as necessary in the fiscal year 2019 spending
plan. The agreement includes $180,000,000 for RESTORE-L;
$20,000,000 for the Flight Opportunities Program; $35,000,000
for additive manufacturing; $48,100,000 for solar electric
propulsion activities; $5,000,000 for NASA's regional
economic development program; $5,000,000 for innovative use
of nanomaterials; $2,000,000 to address challenges associated
with high-speed crosslink and downlink communications for low
Earth orbit small satellite constellations; and not less than
$100,000,000 for the development of nuclear thermal
propulsion, of which not less than $70,000,000 shall be for
the design of a flight demonstration by 2024 for which a
multi-year plan is required by both the House and the Senate
within 180 days of enactment of this agreement.
EXPLORATION
The agreement includes $5,050,800,000 for Exploration. The
recommendation includes $2,150,000,000 for the Space Launch
System, including no less than $150,000,000 to ensure
continued work developing the Exploration Upper Stage (EUS).
The bill also provides $48,000,000 for launch capabilities
and infrastructure associated with constructing a second
mobile launch platform. There is strong support for the
development of the EUS in order to ensure that NASA has
sufficient heavy lift capabilities to support a regular
cadence of heavy lift science and human exploration missions.
NASA shall allocate sufficient funding to ensure that both
the EUS and the second mobile launch platform will be ready
for flight no later than 2024. The agreement provides not
less than $145,000,000 for the Human Research Program;
$176,200,000 for habitation, airlock for docking vehicles and
other logistics activities as requested; adopts House and
Senate direction regarding lunar lander-related language and
provides up to $116,500,000 for Advanced Cislunar and Surface
Capabilities; and $450,000,000 for the Lunar Orbital
Platform.
SPACE OPERATIONS
The agreement provides $4,639,100,000 for Space Operations,
and includes $40,000,000 for commercial low Earth orbit (LEO)
development, as recommended by the Senate, for LEO port
implementation analysis and other activities to enable future
commercial activities at the International Space Station. The
agreement maintains 21st Century Space Launch Complex
language as directed by the Senate. The agreement includes up
to $60,000,000 for test facilities as directed by the House.
In lieu of House or Senate direction regarding launch
vehicles for small payloads, the agreement encourages NASA to
work as appropriate to increase opportunities for improved
access to space.
SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS ENGAGEMENT
The agreement includes $110,000,000 for Science,
Technology, Engineering, and Mathematics Engagement,
including $21,000,000 for the Established Program to
Stimulate Competitive Research; $44,000,000 for Space Grant;
$33,000,000 for the Minority University Research and
Education Project; and no less than $5,000,000 for the
Competitive Program for Science Museums, Planetariums, and
NASA Visitor Centers within the STEM Education and
Accountability Projects. The agreement reiterates House and
Senate direction regarding administrative costs.
SAFETY, SECURITY AND MISSION SERVICES
The agreement includes $2,755,000,000 for Safety, Security
and Mission Services. The agreement modifies House language
regarding submission of reports from NASA pursuant to
National Academy of Public Administration, GAO, and NASA IG
reviews of NASA security compliance protocols and foreign
national access management and directs that these reports be
provided annually. The agreement adopts House language in
this account and Senate language from the Science account
regarding cloud computing services and directs that this
report be submitted within 90 days of enactment of this
agreement.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
The agreement includes $348,200,000 for Construction and
Environmental Compliance and Restoration. NASA is expected to
continue to work with communities to resolve water
contamination issues. The agreement adopts Senate report
language regarding access to Kennedy Space Center and
clarifies that in-kind contributions be directly related to
bridge repairs.
OFFICE OF INSPECTOR GENERAL
The agreement includes $39,300,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The agreement includes the following administrative
provisions for NASA: a provision that makes funds for
announced prizes available without fiscal year limitation
until the prize is claimed or the offer is withdrawn; a
provision that establishes terms and conditions for the
transfer of funds; a provision that subjects the NASA
spending plan and specified changes to that spending plan to
the reprogramming procedures under section 505 of this
agreement; a provision regarding remaining balances in the
``Education'' account; and a provision regarding the
obligation of certain lunar program funds.
National Science Foundation
The agreement includes $8,075,000,000 for the National
Science Foundation (NSF).
RESEARCH AND RELATED ACTIVITIES
The agreement includes $6,520,000,000 for Research and
Related Activities (R&RA), including $175,689,000 for the
Established Program to Stimulate Competitive Research. The
agreement reiterates House and Senate language regarding
support for existing NSF research infrastructure and
clarifies that this language excludes funding allocated in
fiscal year 2018 for one-time upgrades or refurbishments. The
agreement includes no less than the fiscal year 2018 level
for the Innovation Corps program.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
The agreement includes $295,740,000 for Major Research
Equipment and Facilities Construction (MREFC), including
$127,090,000 for continuing construction of three Regional
Class Research Vessels; $16,130,000 for the Daniel K. Inouye
Solar Telescope; $48,820,000 for the Large Synoptic Survey
Telescope; and $103,700,000 for the Antarctic Infrastructure
Modernization for Science (AIMS) project. It is noted that
the request and the House bill provided funds for AIMS under
the R&RA account. The agreement adopts the Senate approach to
fund this activity under the MREFC account. The agreement
also includes $1,000,000 for enhanced oversight of MREFC
projects.
EDUCATION AND HUMAN RESOURCES
The agreement includes $910,000,000 for Education and Human
Resources, including no less than $66,000,000 for the
Advanced Technological Education program; no less than
$35,000,000 for the Historically Black
[[Page H775]]
Colleges and Universities Undergraduate Program; $46,000,000
for Louis Stokes Alliance for Minority Participation;
$15,000,000 for the Tribal Colleges and Universities Program;
and $64,500,000 for the Robert Noyce Teacher Scholarship
Program.
Hispanic-Serving Institutions (HSIs).--The agreement
provides $40,000,000 for the HSI program and adopts Senate
language regarding capacity building at institutions of
higher education that typically do not receive high levels of
NSF funding.
AGENCY OPERATIONS AND AWARD MANAGEMENT
The agreement includes $329,540,000 for Agency Operations
and Award Management.
OFFICE OF THE NATIONAL SCIENCE BOARD
The agreement includes $4,370,000 for the National Science
Board.
OFFICE OF INSPECTOR GENERAL
The agreement includes $15,350,000 for the Office of
Inspector General.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
The agreement includes a provision that describes terms and
conditions for the transfer of funds and a provision
requiring notification at least 30 days in advance of the
divestment of certain assets.
TITLE IV
RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
The agreement includes $10,065,000 for the Commission on
Civil Rights.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
The agreement includes $379,500,000 for the Equal
Employment Opportunity Commission (EEOC). Up to $29,500,000
shall be for payments to State and local enforcement agencies
to ensure that the EEOC provides adequate resources to its
State and local partners.
International Trade Commission
SALARIES AND EXPENSES
The agreement includes $95,000,000 for the International
Trade Commission.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
The agreement includes $415,000,000 for the Legal Services
Corporation.
Marine Mammal Commission
SALARIES AND EXPENSES
The agreement includes $3,516,000 for the Marine Mammal
Commission.
Office of the United States Trade Representative
The agreement includes a total of $68,000,000 for the
Office of the U.S. Trade Representative (USTR).
SALARIES AND EXPENSES
The agreement includes $53,000,000 for the salaries and
expenses of USTR.
Section 301 Exclusion Process.--USTR has finalized tariffs
on goods from China under Section 301 of the Trade Act of
1974 in three separate rounds, and provided an exclusion
process that allows U.S. businesses to obtain relief from the
Section 301 tariffs for goods subject to tariffs in rounds 1
and 2. It is concerning that there is no exclusion process
for goods subject to tariffs in round 3 of the Section 301
proceedings, as was done in the first two rounds. USTR shall
establish an exclusion process for tariffs imposed on goods
subject to Section 301 tariffs in round 3. This process
should be initiated by January 1, 2019, following the same
procedures as those in rounds 1 and 2, allowing stakeholders
to request that particular products classified within a
tariff subheading subject to new round 3 tariffs be excluded
from the Section 301 tariffs. USTR shall consult with the
Committees on Appropriations, the House Committee on Ways and
Means, and the Senate Committee on Finance regarding the
nature and timing of the exclusion process. USTR shall also
report to such committees not later than 30 days after
enactment of this Act on the status of the exclusion process.
TRADE ENFORCEMENT TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The agreement includes $15,000,000, which is to be derived
from the Trade Enforcement Trust Fund, for trade enforcement
activities and transfers authorized by the Trade Facilitation
and Trade Enforcement Act of 2015.
State Justice Institute
SALARIES AND EXPENSES
The agreement includes $5,971,000 for the State Justice
Institute. The additional funding above the enacted level
shall be for addressing the opioid epidemic as described in
the House and Senate reports.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
The agreement includes the following general provisions:
Section 501 prohibits the use of funds for publicity or
propaganda purposes unless expressly authorized by law.
Section 502 prohibits any appropriation contained in this
Act from remaining available for obligation beyond the
current fiscal year unless expressly provided.
Section 503 provides that the expenditure of any
appropriation contained in this Act for any consulting
service through procurement contracts 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 existing
Executive order issued pursuant to existing law.
Section 504 provides that if any provision of this Act or
the application of such provision to any person or
circumstance shall be held invalid, the remainder of this Act
and the application of other provisions shall not be
affected.
Section 505 prohibits a reprogramming of funds that: (1)
creates or initiates a new program, project or activity; (2)
eliminates a program, project or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employee; (5) reorganizes or renames offices,
programs or activities; (6) contracts out or privatizes any
function or activity presently performed by Federal
employees; (7) augments funds for existing programs, projects
or activities in excess of $500,000 or 10 percent, whichever
is less, or reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent; or (8) results from any general savings, including
savings from a reduction in personnel, which would result in
a change in existing programs, projects or activities as
approved by Congress; unless the House and Senate Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
Section 506 provides that if it is determined that any
person intentionally affixes a ``Made in America'' label to
any product that was not made in America that person shall
not be eligible to receive any contract or subcontract with
funds made available in this Act. The section further
provides that to the extent practicable, with respect to
purchases of promotional items, funds made available under
this Act shall be used to purchase items manufactured,
produced, or assembled in the United States or its
territories or possessions.
Section 507 requires quarterly reporting to Congress on the
status of balances of appropriations.
Section 508 provides that any costs incurred by a
department or agency funded under this Act resulting from, or
to prevent, personnel actions taken in response to funding
reductions in this Act, or, for the Department of Commerce,
from actions taken for the care and protection of loan
collateral or grant property, shall be absorbed within the
budgetary resources available to the department or agency,
and provides transfer authority between appropriation
accounts to carry out this provision, subject to
reprogramming procedures.
Section 509 prohibits funds made available in this Act from
being used to promote the sale or export of tobacco or
tobacco products or to seek the reduction or removal of
foreign restrictions on the marketing of tobacco products,
except for restrictions which are not applied equally to all
tobacco or tobacco products of the same type. This provision
is not intended to impact routine international trade
services to all U.S. citizens, including the processing of
applications to establish foreign trade zones.
Section 510 stipulates the obligations of certain receipts
deposited into the Crime Victims Fund.
Section 511 prohibits the use of Department of Justice
funds for programs that discriminate against or denigrate the
religious or moral beliefs of students participating in such
programs.
Section 512 prohibits the transfer of funds in this
agreement to any department, agency, or instrumentality of
the United States Government, except for transfers made by,
or pursuant to authorities provided in, this agreement or any
other appropriations Act.
Section 513 requires certain timetables of audits performed
by Inspectors General of the Departments of Commerce and
Justice, the National Aeronautics and Space Administration,
the National Science Foundation and the Legal Services
Corporation and sets limits and restrictions on the awarding
and use of grants or contracts funded by amounts appropriated
by this Act.
Section 514 prohibits funds for acquisition of certain
information systems unless the acquiring department or agency
has reviewed and assessed certain risks. Any acquisition of
such an information system is contingent upon the development
of a risk mitigation strategy and a determination that the
acquisition is in the national interest. Each department or
agency covered under section 514 shall submit a quarterly
report to the Committees on Appropriations describing reviews
and assessments of risk made pursuant to this section and any
associated findings or determinations.
Section 515 prohibits the use of funds in this Act to
support or justify the use of torture by any official or
contract employee of the United States Government.
Section 516 prohibits the use of funds in this Act to
require certain export licenses.
Section 517 prohibits the use of funds in this Act to deny
certain import applications regarding ``curios or relics''
firearms, parts, or ammunition.
Section 518 prohibits the use of funds to include certain
language in trade agreements.
Section 519 prohibits the use of funds in this Act to
authorize or issue a National Security Letter (NSL) in
contravention of certain laws authorizing the Federal Bureau
of Investigation to issue NSLs.
[[Page H776]]
Section 520 requires congressional notification for any
project within the Departments of Commerce or Justice, the
National Science Foundation, or the National Aeronautics and
Space Administration totaling more than $75,000,000 that has
cost increases of 10 percent or more.
Section 521 deems funds for intelligence or intelligence-
related activities as authorized by the Congress until the
enactment of the Intelligence Authorization Act for fiscal
year 2019.
Section 522 prohibits contracts or grant awards in excess
of $5,000,000 unless the prospective contractor or grantee
certifies that the organization has filed all Federal tax
returns, has not been convicted of a criminal offense under
the Internal Revenue Code of 1986, and has no unpaid Federal
tax assessment.
(RESCISSIONS)
Section 523 provides for rescissions of unobligated
balances. Subsection (c) requires the Departments of Commerce
and Justice to submit a report on the amount of each
rescission. These reports shall include the distribution of
such rescissions among decision units, or, in the case of
rescissions from grant accounts, the distribution of such
rescissions among specific grant programs, and whether such
rescissions were taken from recoveries and deobligations, or
from funds that were never obligated. Rescissions shall be
applied to discretionary budget authority balances that were
not appropriated with emergency or disaster relief
designations.
Section 524 provides for rescission from defunct NASA
accounts.
Section 525 prohibits the use of funds in this Act for the
purchase of first class or premium air travel in
contravention of the Code of Federal Regulations.
Section 526 prohibits the use of funds to pay for the
attendance of more than 50 department or agency employees,
who are stationed in the United States, at any single
conference outside the United States, unless the conference
is a law enforcement training or operational event where the
majority of Federal attendees are law enforcement personnel
stationed outside the United States.
Section 527 includes language regarding detainees held at
Guantanamo Bay.
Section 528 includes language regarding facilities for
housing detainees held at Guantanamo Bay.
Section 529 requires any department, agency, or
instrumentality of the United States Government receiving
funds appropriated under this Act to track and report on
undisbursed balances in expired grant accounts.
Section 530 prohibits the use of funds by NASA, OSTP, or
the National Space Council (NSC) to engage in bilateral
activities with China or a Chinese-owned company or
effectuate the hosting of official Chinese visitors at
certain facilities unless the activities are authorized by
subsequent legislation or NASA, OSTP, or NSC have made a
certification pursuant to subsections (c) and (d) of this
section.
Section 531 prohibits funds from being used to deny the
importation of shotgun models if no application for the
importation of such models, in the same configuration, had
been denied prior to January 1, 2011, on the basis that the
shotgun was not particularly suitable for or readily
adaptable to sporting purposes.
Section 532 prohibits the use of funds to establish or
maintain a computer network that does not block pornography,
except for law enforcement and victim assistance purposes.
Section 533 requires the departments and agencies funded in
this Act to submit spending plans.
Section 534 prohibits the use of funds to implement the
Arms Trade Treaty until the Senate approves a resolution of
ratification for the Treaty.
Section 535 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance or
performance that fails to meet the basic requirements of the
contract.
Section 536 prohibits the use of funds by the Department of
Justice or the Drug Enforcement Administration in
contravention of a certain section of the Agricultural Act of
2014.
Section 537 prohibits the Department of Justice from
preventing certain States from implementing State laws
regarding the use of medical marijuana.
Section 538 requires quarterly reports from the Department
of Commerce, the National Aeronautics and Space
Administration, and the National Science Foundation of travel
to China.
Section 539 requires 10 percent of the funds for certain
programs be allocated for assistance in persistent poverty
counties.
Section 540 limits formulation and development costs for
the James Webb Space Telescope.
Section 541 prohibits funds to prepare for the shutdown of
the Stratospheric Observatory for Infrared Astronomy.
[[Page H777]]
[GRAPHIC] [TIFF OMITTED] TH180119.033
[[Page H778]]
[GRAPHIC] [TIFF OMITTED] TH180119.034
[[Page H779]]
[GRAPHIC] [TIFF OMITTED] TH180119.035
[[Page H780]]
[GRAPHIC] [TIFF OMITTED] TH180119.036
[[Page H781]]
[GRAPHIC] [TIFF OMITTED] TH180119.037
[[Page H782]]
[GRAPHIC] [TIFF OMITTED] TH180119.038
[[Page H783]]
[GRAPHIC] [TIFF OMITTED] TH180119.039
[[Page H784]]
[GRAPHIC] [TIFF OMITTED] TH180119.040
[[Page H785]]
[GRAPHIC] [TIFF OMITTED] TH180119.041
[[Page H786]]
[GRAPHIC] [TIFF OMITTED] TH180119.042
[[Page H787]]
[GRAPHIC] [TIFF OMITTED] TH180119.043
[[Page H788]]
[GRAPHIC] [TIFF OMITTED] TH180119.044
[[Page H789]]
[GRAPHIC] [TIFF OMITTED] TH180119.045
[[Page H790]]
[GRAPHIC] [TIFF OMITTED] TH180119.046
[[Page H791]]
[GRAPHIC] [TIFF OMITTED] TH180119.047
[[Page H792]]
[GRAPHIC] [TIFF OMITTED] TH180119.048
[[Page H793]]
DIVISION C--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2019
The explanatory statement accompanying this division is
approved and indicates congressional intent. Unless otherwise
noted, the language set forth in House Report 115-792 and
Senate Report 115-281 carries the same weight as language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary in this
explanatory statement. While some language is repeated for
emphasis, it is not intended to negate the language referred
to above unless expressly provided herein.
Reports.--Where the House or Senate has directed submission
of a report, that report is to be submitted to the Committees
on Appropriations of the House and Senate. Agencies funded by
this Act that currently provide separate copies of periodic
reports and correspondence to the chairs and ranking members
of the House and Senate Appropriations Committees and
Subcommittees on Financial Services and General Government
are directed to use a single cover letter jointly addressed
to the chairs and ranking members of the Committees and
Subcommittees of both the House and the Senate. To the
greatest extent feasible, agencies should include in the
cover letter a reference or hyperlink to facilitate
electronic access to the report and provide the documents by
electronic mail delivery. These measures will help reduce
costs, conserve paper, expedite agency processing, and ensure
that consistent information is conveyed concurrently to the
majority and minority committee offices of both chambers of
Congress.
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
SALARIES AND EXPENSES
The bill provides $214,576,000 for departmental offices
salaries and expenses.
Puerto Rico.--Within 90 days of the date of enactment of
this Act, the Department is directed to provide a report to
the Committees on Appropriations of the House and Senate
describing how the Department has used its authority to
provide technical assistance to Puerto Rico in fiscal year
2018 and how it plans to use its authority for such purpose
in fiscal year 2019.
Pyrrhotite Study.--The Comptroller General of the United
States, in consultation with relevant regulators, is directed
to conduct a study that examines the financial impact of the
mineral pyrrhotite in concrete home foundations. The study
shall provide recommendations on the regulatory and
legislative actions needed to help mitigate the impact on
banks, mortgage lenders, homeowners, and tax revenue.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
The bill provides $159,000,000 for the Office of Terrorism
and Financial Intelligence (TFI).
Opioids.--Beginning in 2013, the number of deaths involving
synthetic opioids, dominated by fentanyl, rose precipitously.
According to the Drug Enforcement Administration, most
illicit fentanyl that reached the United States was produced
in China. The bill includes funds for TFI to investigate the
illicit trade of synthetic opioids, particularly fentanyl,
originating from China.
CYBERSECURITY ENHANCEMENT ACCOUNT
The bill provides $25,208,000 for the Cybersecurity
Enhancement Account.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $4,000,000 for the Department-Wide
Systems and Capital Investments Programs.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $37,044,000 for salaries and expenses of
the Office of Inspector General.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
The bill provides $170,250,000 for salaries and expenses of
the Treasury Inspector General for Tax Administration.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF PROGRAM
SALARIES AND EXPENSES
The bill provides $23,000,000 for salaries and expenses of
the Office of the Special Inspector General for the Troubled
Asset Relief Program.
Financial Crimes Enforcement Network
SALARIES AND EXPENSES
The bill includes $117,800,000 for salaries and expenses
for the Financial Crimes Enforcement Network (FinCEN).
Geographic Targeting Orders.--Not later than 180 days after
the date of enactment of this Act, FinCEN and the appropriate
divisions of the Department of the Treasury are directed to
submit to the Committees on Appropriations of the House and
Senate a report on any Geographic Targeting Orders issued
since 2016, including (1) the type of data collected; (2) how
FinCEN uses the data; (3) whether FinCEN needs more authority
to combat money laundering through high-end real estate; and
(4) how a record of beneficial ownership would improve and
assist law enforcement efforts to investigate and prosecute
criminal activity and prevent the use of shell companies to
facilitate money laundering, tax evasion, terrorism
financing, election fraud, and other illegal activity.
Treasury Forfeiture Fund
(RESCISSION)
The bill includes a permanent rescission of $175,000,000
from the unobligated balances in the Treasury Forfeiture
Fund.
Bureau of the Fiscal Service
SALARIES AND EXPENSES
The bill provides $338,280,000 for salaries and expenses of
the Bureau of the Fiscal Service.
Alcohol and Tobacco Tax and Trade Bureau
SALARIES AND EXPENSES
The bill provides $119,600,000 for salaries and expenses of
the Alcohol and Tobacco Tax and Trade Bureau.
United States Mint
UNITED STATES MINT PUBLIC ENTERPRISE FUND
The bill specifies that not more than $30,000,000 in new
liabilities and obligations may be incurred during fiscal
year 2019 for circulating coinage and protective service
capital investments of the U.S. Mint.
Community Development Financial Institutions Fund Program Account
The bill provides $250,000,000 for the Community
Development Financial Institutions (CDFI) Fund program.
Within this amount, not less than $160,000,000 is for
financial and technical assistance grants, of which up to
$3,000,000 may be used to provide technical and financial
assistance to CDFIs that fund projects to help individuals
with disabilities; not less than $16,000,000 is for technical
assistance and other purposes for Native American, Native
Hawaiian, and Alaska Native communities; not less than
$25,000,000 is for the Bank Enterprise Award program; not
less than $22,000,000 is for the Healthy Food Financing
Initiative; and up to $27,000,000 is for administrative
expenses, of which $1,000,000 is for the development of
information technology tools to better measure and assess
CDFI investment performance, improve data quality, and enable
more efficient allocation of CDFI Fund resources. The bill
limits the total loan principal for the Bond Guarantee
program to $500,000,000.
Capacity Building.--he bill provides funds to offer
training to CDFIs and other organizations dedicated to
serving distressed and underserved communities to increase
their expertise and capacity to undertake community
development finance activities. The CDFI Fund is directed to
submit a report not later than the end of calendar year 2019
to the Committees on Appropriations of the House and Senate
to include expenditures on capacity building initiatives,
parameters of the CDFI Fund's capacity building initiatives,
metrics used to track the outcomes of trainings, and measures
to assess participating CDFIs and non-CDFIs increased impact
on serving distressed and underserved communities.
CDFI Program Integration for Individuals with
Disabilities.--In lieu of the direction included in the House
and Senate reports on individuals with disabilities, the CDFI
Fund is directed to summarize the progress made toward
developing a competitive application pool of CDFIs to compete
for funds for individuals with disabilities. Additionally,
the CDFI Fund is directed to submit a report every six months
until all the funds are obligated with the first report due
six months after enactment of this Act to the Committees on
Appropriations of the House and Senate. The report should
include the number of awards, amount of each award, types of
programs, impact the funding has made on the number of CDFIs
serving the disability community, and findings and
recommendations to improve upon the implementation of these
activities.
The bill does not adopt Senate report language on tribal
activities. The CDFI Fund is expected to ensure funding is
not allocated to entities that support activities in
contradiction of the Controlled Substances Act (21 U.S.C. 801
et seq.) and report to the Committee on any CDFI award
recipient who uses Federal funds in contradiction of the
Controlled Substances Act.
Internal Revenue Service
TAXPAYER SERVICES
The bill provides $2,491,554,000 for IRS Taxpayer Services.
Within the overall amount, not less than $9,890,000 is for
the Tax Counseling for the Elderly Program, not less than
$12,000,000 is for low-income taxpayer clinic grants, and not
less than $207,000,000 is provided for operating expenses of
the IRS Taxpayer Advocate Service, of which not less than
$5,500,000 is for identity theft casework.
In addition, within the overall amount provided, not less
than $18,000,000 is available until September 30, 2020, for
the Community Volunteer Income Tax Assistance matching grants
program.
ENFORCEMENT
The bill provides $4,860,000,000 for Enforcement.
OPERATIONS SUPPORT
The bill provides $3,724,000,000 for Operations Support.
BUSINESS SYSTEMS MODERNIZATION
The bill provides $150,000,000 for Business Systems
Modernization.
[[Page H794]]
ADMINISTRATIVE PROVISIONS--INTERNAL REVENUE SERVICE
(INCLUDING TRANSFERS OF FUNDS)
The bill includes the following provisions:
Section 101 provides transfer authority.
Section 102 requires the IRS to maintain an employee
training program on topics such as taxpayers' rights.
Section 103 requires the IRS to safeguard taxpayer
information and to protect taxpayers against identity theft.
Section 104 permits funding for 1-800 help line services
for taxpayers and directs the Commissioner to make improving
phone service a priority and to enhance response times.
Section 105 requires the IRS to issue notices to employers
of any address change request and to give special
consideration to offers in compromise for taxpayers who have
been victims of payroll tax preparer fraud.
Section 106 prohibits the use of funds by the IRS to target
United States citizens for exercising any right guaranteed
under the First Amendment to the Constitution.
Section 107 prohibits the use of funds by the IRS to target
groups for regulatory scrutiny based on their ideological
beliefs.
Section 108 requires the IRS to comply with procedures and
policies on conference spending in accordance with IRS
policies issued as a result of Treasury Inspector General for
Tax Administration recommendations.
Section 109 prohibits funds for giving bonuses to employees
or hiring former employees without considering conduct and
compliance with Federal tax law.
Section 110 prohibits the IRS from using funds made
available by this Act to contravene a provision of the
Internal Revenue Code of 1986 related to the confidentiality
and disclosure of returns and return information.
Section 111 prohibits funds for pre-populated returns.
Section 112 provides $77,000,000 to be used solely for
carrying out Public Law 115-97. The IRS is directed to
provide the Committees on Appropriations of the House and
Senate no later than 30 days after the enactment of this Act
a detailed spending plan by account and object class for the
funds provided. Additionally, the IRS is directed to submit
quarterly spending plans broken out by account, and include,
at minimum, quarterly obligations and total obligations to
date, actual and projected staffing levels, and updated
timetables.
Administrative Provisions--Department of the Treasury
(INCLUDING TRANSFERS OF FUNDS)
Section 113 allows Treasury to use funds for certain
specified expenses.
Section 114 allows for the transfer of up to 2 percent of
funds among various Treasury bureaus and offices.
Section 115 allows for the transfer of up to 2 percent from
the IRS accounts to the Treasury Inspector General for Tax
Administration.
Section 116 prohibits funding to redesign the $1 note.
Section 117 allows for the transfer of funds from the
Bureau of the Fiscal Service-Salaries and Expenses to the
Debt Collection Fund conditional on future reimbursement.
Section 118 prohibits funds to build a United States Mint
museum without the approval of the Committees on
Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 119 prohibits funding for consolidating the
functions of the United States Mint and the Bureau of
Engraving and Printing without the approval of the Committees
on Appropriations of the House and Senate and the authorizing
committees of jurisdiction.
Section 120 specifies that funds for Treasury intelligence
activities are deemed to be specifically authorized until
enactment of the fiscal year 2019 Intelligence Authorization
Act.
Section 121 permits the Bureau of Engraving and Printing to
use up to $5,000 from the Industrial Revolving Fund for
reception and representation expenses.
Section 122 requires the Secretary to submit a Capital
Investment Plan.
Section 123 requires a Franchise Fund report.
Section 124 prohibits the Department from finalizing any
regulation related to the standards used to determine the
tax-exempt status of a 501(c)(4) organization.
Section 125 requires the Office of Financial Research and
Office of Financial Stability to submit quarterly reports.
Section 126 provides for the reimbursement of certain
expenses in fiscal year 2019.
Section 127 allows the Bureau of Engraving and Printing to
utilize its revolving fund to construct a replacement
currency production facility.
TITLE II
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
SALARIES AND EXPENSES
The bill provides $55,000,000 for the salaries and expenses
of the White House.
Executive Residence at the White House
OPERATING EXPENSES
The bill provides $13,081,000 for the Executive Residence
at the White House.
White House Repair and Restoration
The bill provides $750,000 for repair, alteration, and
improvement of the Executive Residence at the White House.
Council of Economic Advisers
SALARIES AND EXPENSES
The bill provides $4,187,000 for salaries and expenses of
the Council of Economic Advisers.
National Security Council and Homeland Security Council
SALARIES AND EXPENSES
The bill provides $12,000,000 for salaries and expenses of
the National Security Council and Homeland Security Council.
Office of Administration
SALARIES AND EXPENSES
The bill provides $100,000,000 for salaries and expenses of
the Office of Administration, of which not more than
$12,800,000 is for information technology modernization.
Office of Management and Budget
SALARIES AND EXPENSES
The bill provides $102,000,000 for the salaries and
expenses of the Office of Management and Budget (OMB). In
addition to the amount provided, $1,000,000 is provided to
increase the base funding for the Office of Information and
Regulatory Affairs (OIRA). The additional funds may not be
used to backfill vacancies and are to be in addition to the
fiscal year 2018 base level for OIRA.
Conferences.--OMB is directed to ensure agencies report on
conferences in a manner consistent with the terms of section
738 of this Act.
Office of National Drug Control Policy
SALARIES AND EXPENSES
The bill provides $18,400,000 for salaries and expenses of
the Office of National Drug Control Policy.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $280,000,000 for the High Intensity Drug
Trafficking Areas (HIDTA) Program.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $118,327,000 for other Federal drug
control programs. The bill allocates funds among specific
programs as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Drug-Free Communities Program........................ $100,000,000
(Training)....................................... (2,000,000)
Drug court training and technical assistance......... 2,000,000
Anti-Doping activities............................... 9,500,000
World Anti-Doping Agency (U.S. membership dues)...... 2,577,000
Discretionary Grants as authorized by P.L. 109-469, 1,250,000
section 1105........................................
Activities authorized by Section 103 of P.L. 114-198, 3,000,000
section 103.........................................
------------------------------------------------------------------------
Unanticipated Needs
The bill provides $1,000,000 for unanticipated needs of the
President. Within 180 days of enactment of this Act, the
Office of Administration is directed to report to the House
and Senate Committees on Appropriations on the use of funds
appropriated under this heading.
Information Technology Oversight and Reform
(INCLUDING TRANSFER OF FUNDS)
The bill provides $28,500,000 for information technology
oversight and reform activities.
OMB is expected to utilize the funding provided to continue
oversight of Federal IT activities and investments, including
the management of the IT Dashboard, the OMB Policy Library,
and IT policy compliance tracking.
Special Assistance to the President
SALARIES AND EXPENSES
The bill provides $4,288,000 for salaries and expenses to
enable the Vice President to provide special assistance to
the President.
Official Residence of the Vice President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $302,000 for operating expenses for the
official residence of the Vice President.
ADMINISTRATIVE PROVISIONS--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Section 201 provides transfer authority among various
Executive Office of the President accounts.
Section 202 requires the Director of the OMB to include a
statement of budgetary impact with any Executive Order issued
or revoked during fiscal year 2019 and for Presidential
memoranda estimated to have a regulatory cost in excess of
$100,000,000.
TITLE III
THE JUDICIARY
Supreme Court of the United States
SALARIES AND EXPENSES
The bill provides $84,703,000 for salaries and expenses of
the Supreme Court. In addition, the bill provides mandatory
costs as authorized by current law for the salaries of the
chief justice and associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
The bill provides $15,999,000 for the care of the Supreme
Court building and grounds.
[[Page H795]]
United States Court of Appeals for the Federal Circuit
SALARIES AND EXPENSES
The bill provides $32,016,000 for salaries and expenses of
the United States Court of Appeals for the Federal Circuit.
In addition, the bill provides mandatory costs as authorized
by current law for the salaries of the chief judge and judges
of the court.
United States Court of International Trade
SALARIES AND EXPENSES
The bill provides $18,882,000 for salaries and expenses of
the United States Court of International Trade. In addition,
the bill provides mandatory costs as authorized by 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
The bill provides $5,144,383,000 for salaries and expenses
of the Courts of Appeals, District Courts, and Other Judicial
Services. In addition, the bill provides mandatory costs as
authorized by 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.
The bill also provides $8,475,000 from the Vaccine Injury
Compensation Trust Fund.
DEFENDER SERVICES
The bill provides $1,150,450,000 for Defender Services. The
bill includes a $6 increase to the hourly non-capital panel
attorney rate above the COLA-adjusted level.
FEES OF JURORS AND COMMISSIONERS
The bill provides $49,750,000 for Fees of Jurors and
Commissioners.
COURT SECURITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $607,110,000 for Court Security.
Administrative Office of the United States Courts
SALARIES AND EXPENSES
The bill provides $92,413,000 for salaries and expenses of
the Administrative Office of the United States Courts.
Federal Judicial Center
SALARIES AND EXPENSES
The bill provides $29,819,000 for salaries and expenses of
the Federal Judicial Center.
United States Sentencing Commission
SALARIES AND EXPENSES
The bill provides $18,953,000 for salaries and expenses of
the United States Sentencing Commission.
ADMINISTRATIVE PROVISIONS--THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
The bill includes the following administrative provisions:
Section 301 makes funds appropriated for salaries and
expenses available for services authorized by 5 U.S.C. 3109.
Section 302 provides transfer authority among Judiciary
appropriations.
Section 303 permits not more than $11,000 to be used for
official reception and representation expenses of the
Judicial Conference.
Section 304 extends through fiscal year 2019 the delegation
of authority to the Judiciary for contracts for repairs of
less than $100,000.
Section 305 continues a pilot program where the United
States Marshals Service provides perimeter security services
at selected courthouses.
Section 306 extends temporary judgeships in the eastern
district of Missouri, Kansas, Arizona, the central district
of California, the northern district of Alabama, the southern
district of Florida, New Mexico, the western district of
North Carolina, the eastern district of Texas, and Hawaii.
TITLE IV
DISTRICT OF COLUMBIA
Federal Funds
Individual Mandate.--As a part of the Health Insurance
Requirement Act of 2018 (subtitle A of title V of the Fiscal
Year 2019 Budget Support Act of 2018; D.C. Law 22-753), the
District of Columbia moves forward with the requirement for
District of Columbia residents to purchase medical insurance.
The local Act sets forth penalties for not complying with the
individual mandate, including property seizure to satisfy
fines. The District of Columbia Chief Financial Officer is
directed to notify annually the House and Senate Committees
on Appropriations on the number of instances where the local
government seized property to satisfy a penalty as a result
of non-compliance with the individual mandate and the type of
property seized. The District must not include personally
identifiable information in the report.
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
The bill provides $40,000,000 for District of Columbia
resident tuition support.
FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE
DISTRICT OF COLUMBIA
The bill provides $12,000,000 for emergency planning and
security costs in the District of Columbia to remain
available until expended.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
The bill provides $258,394,000 for the District of Columbia
courts, of which $14,594,000 is for the D.C. Court of
Appeals, $124,400,000 is for the Superior Court, $74,400,000
is for the D.C. Court System, and $45,000,000 is for capital
improvements to courthouse facilities. The bill provides
sufficient funds to complete the Moultrie Courthouse
addition.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,005,000 for defender services in the
District of Columbia.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY
FOR THE DISTRICT OF COLUMBIA
The bill provides $256,724,000 for court services and
offender supervision in the District of Columbia.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE
The bill provides $45,858,000 for public defender services
in the District of Columbia.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL
The bill provides $2,150,000 for the Criminal Justice
Coordinating Council.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
The bill provides $565,000 for Judicial Commissions. Within
the amount provided, $295,000 is for the Commission on
Judicial Disabilities and Tenure and $270,000 is for the
Judicial Nomination Commission.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
The bill provides $52,500,000 for school improvement in the
District of Columbia to be distributed in accordance with the
provisions of the Scholarships for Opportunity and Results
Act (SOAR Act). The funds are to be allocated evenly between
District of Columbia public schools, charter schools, and
opportunity scholarships as authorized by law. Of the funds
allocated for the SOAR Act, $1,200,000 is for administrative
expenses and $500,000 is for evaluation costs.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
The bill provides $435,000 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
The bill provides $3,000,000 for the purpose of HIV/AIDS
testing and treatment.
District of Columbia Funds
The bill provides authority for the District of Columbia to
spend its local funds in accordance with the Fiscal Year 2019
Budget Request Act of 2018.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY
The bill provides $8,000,000 for the District of Columbia
Water and Sewer Authority.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
SALARIES AND EXPENSES
The bill provides $3,100,000, to remain available until
September 30, 2020, for the Administrative Conference of the
United States.
Commodity Futures Trading Commission
The bill provides $268,000,000 for the Commodity Futures
Trading Commission (CFTC). Within the amount provided,
$50,000,000 is available until September 30, 2020, for the
purchase of information technology.
Consumer Product Safety Commission
SALARIES AND EXPENSES
The bill includes $127,000,000 for the Consumer Product
Safety Commission. Within the amount provided, $800,000 is
available until expended, for the pool and spa safety grants
program established by the Virginia Graeme Baker Pool and Spa
Safety Act.
ADMINISTRATIVE PROVISION--CONSUMER PRODUCT SAFETY COMMISSION
Section 501 prohibits the use of Federal funds in fiscal
year 2019 for the adoption or implementation of the proposed
rule on Recreational Off-Highway Vehicles (ROVs) until a
study by the National Academy of Sciences is completed.
Election Assistance Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $9,200,000 for salaries and expenses of
the Election Assistance Commission (EAC). This includes
$1,250,000 to be transferred to the National Institute of
Standards and Technology.
Federal Communications Commission
SALARIES AND EXPENSES
The bill provides $339,000,000 for salaries and expenses of
the Federal Communications Commission (FCC). The bill
provides that $339,000,000 be derived from offsetting
collections, resulting in no net appropriation.
Oversight Monitoring and Rating System.--In lieu of Senate
report language on oversight monitoring and rating system,
the FCC is directed to report to the Committees on
Appropriations of the House and Senate within 90 days of
enactment of this Act on the extent to which the rating
system matches the video content that is being shown and the
ability of the TV Parental Guidelines Oversight Monitoring
Board to address public concerns.
Transmissions of Local Television Programming.--In lieu of
House report language, the
[[Page H796]]
bill notes that the bipartisan Satellite Television Extension
and Localism Reauthorization (STELAR) Act of 2014 was enacted
to promote consumers' access to television broadcast station
signals that originate in their state of residence, with an
emphasis on localism and the cultural and economic importance
of local programming. Congress's intent was to ensure
Americans have access to local broadcast and media content.
The bill notes that many broadcast stations do not neatly
conform to Nielsen-measured designated market area
boundaries, preventing many satellite television viewers from
accessing local news, politics, sports, and emergency
programming. The bill notes that despite the reforms made in
STELAR, many communities continue to struggle with market
modification petitions. The FCC should provide a full
analysis to ensure decisions on market modification are
comprehensively reviewed and STELAR's intent to promote
localism is retained. The FCC is directed to adhere to
statutory requirements and congressional intent when taking
administrative action under STELAR.
ADMINISTRATIVE PROVISION--FEDERAL COMMUNICATIONS COMMISSION
Section 510 prohibits the FCC from changing rules governing
the Universal Service Fund regarding single connection or
primary line restrictions.
Federal Deposit Insurance Corporation
OFFICE OF THE INSPECTOR GENERAL
The bill provides a transfer of $42,982,000 to fund the
Office of Inspector General (OIG) for the Federal Deposit
Insurance Corporation. The OIG's appropriations are derived
from the Deposit Insurance Fund and the Federal Savings and
Loan Insurance Corporation Resolution Fund.
Federal Election Commission
SALARIES AND EXPENSES
The bill provides $71,250,000 for salaries and expenses of
the Federal Election Commission.
Online Campaign Advertisements.--In lieu of the House
report language, the Commission is directed to brief the
House and Senate Committees on Appropriations on its
rulemaking proposals related to disclaimers on public
communications on the internet within 90 days of enactment of
this Act.
Federal Labor Relations Authority
SALARIES AND EXPENSES
The bill provides $26,200,000 for the Federal Labor
Relations Authority.
Federal Trade Commission
SALARIES AND EXPENSES
The bill provides $309,700,000 for salaries and expenses of
the Federal Trade Commission (FTC). This appropriation is
partially offset by premerger filing and Telemarketing Sales
Rule fees estimated at $136,000,000 and $17,000,000,
respectively.
Contact Lenses.--In lieu of the Senate report language on
the FTC's draft contact lens rule, the FTC is directed to
keep the Committees informed on its progress in reviewing
public comments and providing a recommendation on the rule by
the beginning of 2019.
General Services Administration
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
The bill provides resources from the General Services
Administration (GSA) Federal Buildings Fund totaling
$9,847,304,000.
Rental Rates.--GSA is directed to provide the Committees on
Appropriations of the House and Senate a report describing
GSA's methodology for calculating rental rates for
Congressional offices located in Federal Courthouses within
90 days of the date of enactment of this Act.
Energy Efficiency.--The Administrator is directed to
report, no later than 60 days after enactment of this Act, on
the number and value of Energy Savings Performance Contracts
entered into by GSA annually for 2014-2018 and their
projections for 2019 and 2020.
FBI Headquarters.--Due to concerns about the FBI
Headquarters Revised Nationally-Focused Consolidation Plan
which was submitted to Congress by GSA on February 12, 2018,
the Consolidated Appropriations Act, 2018 (Public Law 115-
141) included no funding for this project. No funds were
requested for the project for fiscal year 2019 and no funds
are provided in this bill.
There is reluctance to appropriate any additional funds for
this project due to the unanswered questions regarding the
new plan, including the revision of longstanding mission and
security requirements. GSA is encouraged to work with the FBI
to submit a prospectus for a new, fully-consolidated
headquarters building, including at one of the three
previously vetted sites, that complies with prior
Congressional directives and actions and meets Interagency
Security Committee Level V security standards.
Construction and Acquisition.--The bill provides
$1,521,122,000 for construction and acquisition.
CONSTRUCTION AND ACQUISITION
------------------------------------------------------------------------
State Description Amount
------------------------------------------------------------------------
DC Washington, Department of $767,900,000
Transportation Lease, Exercise
of Purchase Option..............
DC Washington, DHS Consolidation at $229,000,000
St. Elizabeths..................
CA Calexico, United States Land Port $275,900,000
of Entry........................
AZ San Luis, United States Land Port $248,322,000
of Entry........................
------------------------------------------------------------------------
Repairs and Alterations.--The bill provides $663,219,000
for repairs and alterations. Funds are provided in the
amounts indicated:
------------------------------------------------------------------------
------------------------------------------------------------------------
Major Repairs and Alterations........................ $276,837,000
Basic Repairs and Alterations........................ $356,382,000
Special Emphasis Programs for Fire and Life Safety... $30,000,000
------------------------------------------------------------------------
For Major Repairs and Alterations, GSA is directed to
submit a spending plan, by project, as specified in Section
526 of this Act to the Committees on Appropriations of the
House and Senate (Committees) and to provide notification to
the Committees 15 days prior to any changes in the use of
these funds.
Rental of Space.--The bill provides $5,418,845,000 for
rental of space.
Building Operations.--The bill provides $2,244,118,000 for
building operations.
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
The bill provides $60,000,000 for GSA government-wide
policy activities.
OPERATING EXPENSES
The bill provides $49,440,000 for operating expenses.
CIVILIAN BOARD OF CONTRACT APPEALS
The bill provides $9,301,000 for the Civilian Board of
Contract Appeals.
OFFICE OF INSPECTOR GENERAL
The bill provides $65,000,000 for the Office of Inspector
General. The bill notes that no-year funds remain available
for fiscal year 2019 needs, including funding to strengthen
capabilities in data analysis and IT audits.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
The bill provides $4,796,000 for allowances and office
staff for former Presidents.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $55,000,000 for deposit into the Federal
Citizen Services Fund (the Fund) and authorizes use of
appropriations, revenues, and collections in the Fund in an
aggregate amount not to exceed $100,000,000.
TECHNOLOGY MODERNIZATION FUND
The bill provides $25,000,000 for the Technology
Modernization Fund.
ASSET PROCEEDS AND SPACE MANAGEMENT FUND
The bill provides $25,000,000 for the Asset Proceeds and
Space Management Fund.
ENVIRONMENTAL REVIEW IMPROVEMENT FUND
The bill provides $6,070,000 for the Environmental Review
Improvement Fund.
ADMINISTRATIVE PROVISIONS--GENERAL SERVICES ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
Section 520 specifies that funds are available for hire of
motor vehicles.
Section 521 authorizes transfers within the Federal
Buildings Fund, with advance approval of the Committees on
Appropriations of the House and Senate.
Section 522 requires transmittal of a fiscal year 2020
request for courthouse construction that meets design guide
standards, reflects the priorities in the Judicial
Conference's 5-year construction plan, and includes a
standardized courtroom utilization study.
Section 523 specifies that funds in this Act may not be
used to increase the amount of occupiable space or provide
services such as cleaning or security for any agency that
does not pay the rental charges assessed by GSA.
Section 524 permits GSA to pay certain construction-related
claims against the Federal Government from savings achieved
in other projects.
Section 525 requires that the delineated area of
procurement for leased space match the approved prospectus,
unless the Administrator provides an explanatory statement to
the appropriate congressional committees.
Section 526 requires a spending plan for certain accounts
and programs.
Section 527 requires the Administrator to submit a report
on the implementation of Section 846 of the National Defense
Authorization Act for fiscal year 2018.
Harry S Truman Scholarship Foundation
SALARIES AND EXPENSES
The bill provides $1,000,000 for payment to the Harry S
Truman Scholarship Foundation Trust Fund.
Merit Systems Protection Board
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $46,835,000, to remain available until
September 30, 2020, for the salaries and expenses of the
Merit Systems Protection Board. Within the amount provided,
$44,490,000 is a direct appropriation and $2,345,000 is a
transfer from the Civil Service Retirement and Disability
Fund to adjudicate retirement appeals.
Morris K. Udall and Stewart L. Udall Foundation
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,875,000 for payment to the Morris K.
Udall and Stewart L. Udall Trust Fund, of which $200,000 is
transferred to the Office of Inspector General of the
Department of the Interior to conduct audits and
investigations.
ENVIRONMENTAL DISPUTE RESOLUTION FUND
The bill provides $3,200,000 for payment to the
Environmental Dispute Resolution Fund.
[[Page H797]]
National Archives and Records Administration
OPERATING EXPENSES
The bill provides $373,000,000 for the operating expenses
of the National Archives and Records Administration.
OFFICE OF INSPECTOR GENERAL
The bill provides $4,823,000 for the Office of Inspector
General of the National Archives and Records Administration.
REPAIRS AND RESTORATION
The bill provides $7,500,000 for repairs and restoration.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
The bill provides $6,000,000 for the National Historical
Publications and Records Commission grants program.
National Credit Union Administration
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
The bill provides $2,000,000 for the Community Development
Revolving Loan Fund.
Office of Government Ethics
SALARIES AND EXPENSES
The bill provides $17,019,000 for salaries and expenses of
the Office of Government Ethics.
Office of Personnel Management
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $265,655,000 for salaries and expenses of
the Office of Personnel Management (OPM). Within the amount
provided, $132,172,000 is a direct appropriation and
$133,483,000 is a transfer from OPM trust funds.
The bill provides $14,000,000 for OPM to improve
information technology (IT) security and infrastructure.
Relocation of Human Resources Solutions (HRS).--OPM is
directed to submit a report to the Committees on
Appropriations of the House and Senate (Committees) no later
than 30 days after enactment of this Act that includes the
budgetary implications of moving HRS to GSA and the legal
authority under which it proposes to transfer the HRS
function within the OPM Revolving Fund established by 5
U.S.C. 1304(e)(1) to GSA. Further, OPM is directed to provide
quarterly updates to the Committees on the status of the HRS
program relocation and any other OPM program and office
relocations.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
The bill provides $30,265,000 for salaries and expenses of
the Office of Inspector General. Within the amount provided,
$5,000,000 is a direct appropriation and $25,265,000 is a
transfer from OPM trust funds.
Office of Special Counsel
SALARIES AND EXPENSES
The bill includes $26,535,000 for salaries and expenses of
the Office of Special Counsel.
Postal Regulatory Commission
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $15,200,000 for the salaries and expenses
of the Postal Regulatory Commission.
Privacy and Civil Liberties Oversight Board
SALARIES AND EXPENSES
The bill provides $5,000,000 for salaries and expenses of
the Privacy and Civil Liberties Oversight Board.
Public Buildings Reform Board
SALARIES AND EXPENSES
The bill supports the Public Buildings Reform Board's
efforts to reduce Federal real property costs by
consolidating and selling underutilized and vacant Federal
buildings and other civilian real property. The fiscal year
2018 budget request for the Board was $2,000,000, while the
Consolidated Appropriations Act of 2018 provided $5,000,000.
As a result, the Board has sufficient resources to meet
expected obligations in fiscal year 2019. The President has
announced his intent to appoint individuals to the Board, and
the Committees on Appropriations of the House and Senate will
continue to monitor steps being taken to stand up the Board
to ensure sufficient resources are available to meet program
needs.
Securities and Exchange Commission
SALARIES AND EXPENSES
The bill provides $1,674,902,000 for the Securities and
Exchange Commission (SEC). Of that amount, the bill allocates
$75,081,000 for the Division of Economic and Risk Analysis,
and no less than $15,206,000 for the SEC Office of Inspector
General. In addition, another $37,189,000 is provided for
costs associated with relocating the New York regional
office. All funds are derived from $1,712,091,000 in
offsetting collections, resulting in no net appropriation.
Selective Service System
SALARIES AND EXPENSES
The bill provides $26,000,000 for the salaries and expenses
of the Selective Service System.
Small Business Administration
SALARIES AND EXPENSES
The bill provides $267,500,000 for salaries and expenses of
the Small Business Administration (SBA).
North American Industry Classification System (NAICS).--In
lieu of the direction included in the House and Senate
reports on the NAICS, SBA is directed to report to the
Committees on Appropriations of the House and Senate on the
impact and feasibility of using the preceding five years of
receipts to determine the average for purposes of size
determination, instead of the current three years.
Federal and State Technology Partnership Program.--The bill
provides $3,000,000 for the Federal and State Technology
(FAST) Partnership Program in fiscal year 2019. The bill
supports the FAST program's efforts to reach innovative,
technology-driven small businesses and to leverage the Small
Business Innovation Research and Small Business Technology
Transfer program to stimulate economic development. Of the
amount provided, $1,000,000 shall be for FAST awards to Small
Business and Technology Development Centers fully accredited
for technology designation as of December 31, 2018.
Office of Small and Disadvantaged Business Utilization's
Compliance Efforts.--SBA is directed to work with Federal
agencies to review each Office of Small and Disadvantaged
Business Utilization's efforts to comply with the
requirements under section 15(k) of the Small Business Act
(15 U.S.C. 644(k)). SBA is directed, not later than 180 days
after the date of enactment of this Act, to submit to the
Committees on Appropriations of the House and Senate, the
Committee on Small Business and Entrepreneurship of the
Senate, and the Committee on Small Business of the House, a
report on Federal agency compliance with the requirements
under such section 15(k) and a report detailing the status of
issuance by the SBA of detailed guidance for the peer review
process of the Small Business Procurement Advisory Council in
order to facilitate a more in depth review of Federal agency
compliance with the requirements under such section 15(k).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
The bill provides $247,700,000 for SBA Entrepreneurial
Development Programs. The SBA shall not reduce these amounts
and shall not merge any of the entrepreneurial development
programs without the advance written approval from the
Committees on Appropriations of the House and Senate.
------------------------------------------------------------------------
Program ($000)
------------------------------------------------------------------------
7(j) Technical Assistance Program (Contracting 2,800
Assistance)............................................
Entrepreneurship Education.............................. 3,500
Growth Accelerators..................................... 2,000
HUBZone Program......................................... 3,000
Microloan Technical Assistance.......................... 31,000
National Women's Business Council....................... 1,500
Native American Outreach................................ 2,000
PRIME Technical Assistance.............................. 5,000
Regional Innovation Clusters............................ 5,000
SCORE................................................... 11,700
Small Business Development Centers (SBDC)............... 131,000
State Trade Expansion Program (STEP).................... 18,000
Veterans Outreach....................................... 12,700
Women's Business Centers (WBC).......................... 18,500
---------------
Total, Entrepreneurial Development Programs......... 247,700
------------------------------------------------------------------------
Veteran Entrepreneurs.--SBA is directed, not later than 180
days after the date of enactment of this Act, to conduct a
study on whether the provision of matchmaking services that,
using data collected through outside entities such as local
chambers of commerce, link veteran entrepreneurs to business
leads in given industry sectors or geographic regions would
enhance the existing veterans entrepreneurship programs of
the Administration.
OFFICE OF INSPECTOR GENERAL
The bill provides $21,900,000 for the Office of Inspector
General of the Small Business Administration.
OFFICE OF ADVOCACY
The bill provides $9,120,000 for the Office of Advocacy.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $159,150,000 for the Business Loans
Program Account. Of the amount provided, $4,000,000 is for
the cost of direct loans in the microloan program, and
$155,150,000 is for administrative expenses to carry out the
direct and guaranteed loan programs, which may be transferred
to and merged with Salaries and Expenses. The bill provides a
$30,000,000,000 cap for SBA 7(a) loans and $7,500,000,000 for
504 refinance authority.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $10,000,000 for the administrative costs
of the Disaster Loans Program Account.
ADMINISTRATIVE PROVISIONS--SMALL BUSINESS ADMINISTRATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
Section 530 provides transfer authority and availability of
funds.
Section 531 rescinds $50,000,000 in prior year unobligated
balances from the Business Loans Program Account.
Section 532 repeals section 12085 of Public Law 110-246,
Expedited Disaster Loan Program.
Section 533 establishes an SBA Information Technology
System Modernization and Working Capital Fund (IT WCF) that
would allow not more than 3 percent of SBA funding under the
Salaries and Expenses and the Business Loans Program Accounts
to be transferred to the IT WCF.
United States Postal Service
PAYMENT TO THE POSTAL SERVICE FUND
The bill provides $55,235,000 for a payment to the Postal
Service Fund.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $250,000,000 for the Office of Inspector
General.
[[Page H798]]
United States Tax Court
SALARIES AND EXPENSES
The bill provides $51,515,000 for salaries and expenses of
the United States Tax Court.
TITLE VI
GENERAL PROVISIONS--THIS ACT
Section 601 prohibits pay and other expenses of non-Federal
parties intervening in regulatory or adjudicatory proceedings
funded in this Act.
Section 602 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly
provided.
Section 603 limits expenditures for any consulting service
through procurement contracts where such expenditures are a
matter of public record and available for public inspection.
Section 604 prohibits funds in this Act from being
transferred without express authority.
Section 605 prohibits the use of funds to engage in
activities that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (46 Stat. 590).
Section 606 prohibits the use of funds unless the recipient
agrees to comply with the Buy American Act.
Section 607 prohibits funding for any person or entity
convicted of violating the Buy American Act.
Section 608 authorizes the reprogramming of funds and
specifies the reprogramming procedures for agencies funded by
this Act.
Section 609 ensures that 50 percent of unobligated balances
may remain available for certain purposes.
Section 610 restricts the use of funds for the Executive
Office of the President to request official background
reports from the Federal Bureau of Investigation without the
written consent of the individual who is the subject of the
report.
Section 611 ensures that the cost accounting standards
shall not apply with respect to a contract under the Federal
Employees Health Benefits Program.
Section 612 allows the use of certain funds relating to
nonforeign area cost of living allowances.
Section 613 prohibits the expenditure of funds for
abortions under the Federal Employees Health Benefits
Program.
Section 614 provides an exemption from section 613 if the
life of the mother is in danger or the pregnancy is a result
of an act of rape or incest.
Section 615 waives restrictions on the purchase of
nondomestic articles, materials, and supplies in the case of
acquisition by the Federal Government of information
technology.
Section 616 is a provision on the acceptance by agencies or
commissions funded by this Act, or by their officers or
employees, of payment or reimbursement for travel,
subsistence, or related expenses from any person or entity
(or their representative) that engages in activities
regulated by such agencies or commissions.
Section 617 permits the SEC and the CFTC to fund a joint
advisory committee to advise on emerging regulatory issues,
notwithstanding section 708 of this Act.
Section 618 requires agencies covered by this Act with
independent leasing authority to consult with the GSA before
seeking new office space or making alterations to existing
office space.
Section 619 provides for several appropriated mandatory
accounts, where authorizing language requires the payment of
funds for Compensation of the President, the Judicial
Retirement Funds (Judicial Officers' Retirement Fund,
Judicial Survivors' Annuities Fund, and the United States
Court of Federal Claims Judges' Retirement Fund), the
Government Payment for Annuitants for Employee Health
Benefits and Employee Life Insurance, and the Payment to the
Civil Service Retirement and Disability Fund. In addition,
language is included for certain retirement, healthcare, and
survivor benefits required by 3 U.S.C. 102 note.
Section 620 allows the Public Company Accounting Oversight
Board to obligate funds collected in fiscal year 2019 from
monetary penalties for the purpose of funding scholarships
for accounting students, as authorized by the Sarbanes-Oxley
Act of 2002 (Public Law 107-204).
Section 621 prohibits funds for the FTC to complete the
draft report on food marketed to children unless certain
requirements are met.
Section 622 addresses conflicts of interest by preventing
contractor security clearance-related background
investigators from undertaking final Federal reviews of their
own work.
Section 623 provides authority for Chief Information
Officers over information technology spending.
Section 624 prohibits funds from being used in
contravention of the Federal Records Act.
Section 625 relates to electronic communications.
Section 626 relates to Universal Service Fund payments for
wireless providers.
Section 627 relates to inspectors general.
Section 628 relates to pornography and computer networks.
Section 629 prohibits funds for the SEC to finalize, issue,
or implement any rule, regulation, or order requiring the
disclosure of political contributions, contributions to tax-
exempt organizations, or dues paid to trade associations in
SEC filings.
Section 630 prohibits funds to pay for award or incentive
fees for contractors with below satisfactory performance.
Section 631 relates to conference expenditures.
Section 632 relates to Federal travel.
Section 633 provides $2,000,000 for the Inspectors General
Council Fund for expenses related to www.oversight.gov.
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(INCLUDING TRANSFER OF FUNDS)
Section 701 requires agencies to administer a policy
designed to ensure that all of its workplaces are free from
the illegal use of controlled substances.
Section 702 sets specific limits on the cost of passenger
vehicles purchased by the Federal Government with exceptions
for police, heavy duty, electric hybrid, and clean fuels
vehicles and with an exception for commercial vehicles that
operate on emerging motor vehicle technology.
Section 703 allows funds made available to agencies for
travel to also be used for quarters allowances and cost-of-
living allowances.
Section 704 prohibits the Government, with certain
specified exceptions, from employing non-U.S. citizens whose
posts of duty would be in the continental United States.
Section 705 ensures that agencies will have authority to
pay the GSA for space renovation and other services.
Section 706 allows agencies to use receipts from the sale
of materials for acquisition, waste reduction and prevention,
environmental management programs, and other Federal employee
programs.
Section 707 provides that funds for administrative expenses
may be used to pay rent and other service costs in the
District of Columbia.
Section 708 precludes interagency financing of groups
absent prior statutory approval.
Section 709 prohibits the use of appropriated funds for
enforcing regulations disapproved in accordance with the
applicable law of the United States.
Section 710 limits the amount that can be used for
redecoration of offices under certain circumstances.
Section 711 permits interagency funding of national
security and emergency preparedness telecommunications
initiatives, which benefit multiple Federal departments,
agencies, and entities.
Section 712 requires agencies to certify that a schedule C
appointment was not created solely or primarily to detail the
employee to the White House.
Section 713 prohibits the use of funds to prevent Federal
employees from communicating with Congress or to take
disciplinary or personnel actions against employees for such
communication.
Section 714 prohibits Federal training not directly related
to the performance of official duties.
Section 715 prohibits the use of appropriated funds for
publicity or propaganda designed to support or defeat
legislation pending before Congress.
Section 716 prohibits the use of appropriated funds by an
agency to provide home addresses of Federal employees to
labor organizations, absent employee authorization or court
order.
Section 717 prohibits the use of appropriated funds to
provide nonpublic information such as mailing or telephone
lists to any person or organization outside of the Government
without approval of the Committees on Appropriations.
Section 718 prohibits the use of appropriated funds for
publicity or propaganda purposes within the United States not
authorized by Congress.
Section 719 directs agencies' employees to use official
time in an honest effort to perform official duties.
Section 720 authorizes the use of current fiscal year funds
to finance an appropriate share of the Federal Accounting
Standards Advisory Board administrative costs.
Section 721 authorizes the transfer of funds to the GSA to
finance an appropriate share of various Government-wide
boards and councils under certain conditions.
Section 722 authorizes breastfeeding at any location in a
Federal building or on Federal property.
Section 723 permits interagency funding of the National
Science and Technology Council, and requires an OMB report on
the budget and resources of the Council.
Section 724 requires identification of the Federal agencies
providing Federal funds and the amount provided for all
proposals, solicitations, grant applications, forms,
notifications, press releases, or other publications related
to the distribution of funding to a State.
Section 725 prohibits the use of funds to monitor personal
information relating to the use of Federal internet sites.
Section 726 regards contraceptive coverage under the
Federal Employees Health Benefits Plan.
Section 727 recognizes that the United States is committed
to ensuring the health of the Olympic, Pan American, and
Paralympic athletes, and supports the strict adherence to
anti-doping in sport activities.
Section 728 allows departments and agencies to use official
travel funds to participate in the fractional aircraft
ownership pilot programs.
Section 729 prohibits funds for implementation of OPM
regulations limiting detailees
[[Page H799]]
to the legislative branch and placing certain limitations on
the Coast Guard Congressional Fellowship program.
Section 730 restricts the use of funds for Federal law
enforcement training facilities with an exception for the
Federal Law Enforcement Training Center.
Section 731 prohibits executive branch agencies from
creating or funding prepackaged news stories that are
broadcast or distributed in the United States unless specific
notification conditions are met.
Section 732 prohibits funds used in contravention of the
Privacy Act, section 552a of title 5, United States Code or
section 522.224 of title 48 of the Code of Federal
Regulations.
Section 733 prohibits funds in this or any other Act from
being used for Federal contracts with inverted domestic
corporations or other corporations using similar inverted
structures, unless the contract preceded this Act or the
Secretary grants a waiver in the interest of national
security.
Section 734 requires agencies to remit to the Civil Service
Retirement and Disability Fund an amount equal to the OPM's
average unit cost of processing a retirement claim for the
preceding fiscal year to be available to the OPM for the cost
of processing retirements of employees who separate under
Voluntary Early Retirement Authority or who receive Voluntary
Separation Incentive Payments.
Section 735 prohibits funds to require any entity
submitting an offer for a Federal contract to disclose
political contributions.
Section 736 prohibits funds for the painting of a portrait
of an employee of the Federal Government including the
President, the Vice President, a Member of Congress, the head
of an executive branch agency, or the head of an office of
the legislative branch.
Section 737 limits the pay increases of certain prevailing
rate employees.
Section 738 requires reports to Inspectors General
concerning expenditures for agency conferences.
Section 739 prohibits the use of funds to increase,
eliminate, or reduce a program or project unless such change
is made pursuant to reprogramming or transfer provisions.
Section 740 prohibits the OPM or any other agency from
using funds to implement regulations changing the competitive
areas under reductions-in-force for Federal employees.
Section 741 prohibits the use of funds to begin or announce
a study or a public-private competition regarding the
conversion to contractor performance of any function
performed by civilian Federal employees pursuant to OMBudget
Circular A-76 or any other administrative regulation,
directive, or policy.
Section 742 ensures that contractors are not prevented from
reporting waste, fraud, or abuse by signing confidentiality
agreements that would prohibit such disclosure.
Section 743 prohibits the expenditure of funds for the
implementation of agreements in certain nondisclosure
policies unless certain provisions are included in the
policies.
Section 744 prohibits funds to any corporation with certain
unpaid Federal tax liabilities unless an agency has
considered suspension or debarment of the corporation and
made a determination that this further action is not
necessary to protect the interests of the Government.
Section 745 prohibits funds to any corporation that was
convicted of a felony criminal violation within the preceding
24 months unless an 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.
Section 746 relates to the Consumer Financial Protection
Bureau. Given the need for transparency and accountability in
the Federal budgeting process, the Bureau is directed to
provide an informal, nonpublic full briefing at least
annually before the relevant Appropriations subcommittee on
the Bureau's finances and expenditures.
Section 747 addresses possible technical scorekeeping
differences for fiscal year 2019 between the OMB and the
Congressional Budget Office.
Section 748 provides adjustments in rates of basic pay for
Federal employees, to be paid for by appropriations.
Section 749 limits pay increases for the Vice President and
certain senior political appointees to 1.9 percent.
Section 750 declares the inapplicability of these general
provisions to title IV and title VIII.
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
Section 801 allows the use of local funds for making
refunds or paying judgments against the District of Columbia
government.
Section 802 prohibits the use of Federal funds for
publicity or propaganda designed to support or defeat
legislation before Congress or any State legislature.
Section 803 establishes reprogramming procedures for
Federal funds.
Section 804 prohibits the use of Federal funds for the
salaries and expenses of a shadow U.S. Senator or U.S.
Representative.
Section 805 places restrictions on the use of District of
Columbia government vehicles.
Section 806 prohibits the use of Federal funds for a
petition or civil action which seeks to require voting rights
for the District of Columbia in Congress.
Section 807 prohibits the use of Federal funds in this Act
to distribute, for the purpose of preventing the spread of
blood borne pathogens, sterile needles or syringes in any
location that has been determined by local public health
officials or local law enforcement authorities to be
inappropriate for such distribution.
Section 808 concerns a ``conscience clause'' on legislation
that pertains to contraceptive coverage by health insurance
plans.
Section 809 prohibits Federal funds to enact or carry out
any law, rule, or regulation to legalize or reduce penalties
associated with the possession, use, or distribution of any
schedule I substance under the Controlled Substances Act or
any tetrahydrocannabinols derivative. In addition, section
809 prohibits Federal and local funds to enact any law, rule,
or regulation to legalize or reduce penalties associated with
the possession, use, or distribution of any schedule I
substance under the Controlled Substances Act or any
tetrahydrocannabinols derivative for recreational purposes.
Section 810 prohibits the use of funds for abortion except
in the cases of rape or incest or if necessary to save the
life of the mother.
Section 811 requires the CFO to submit a revised operating
budget no later than 30 calendar days after the enactment of
this Act for agencies the CFO certifies as requiring a
reallocation in order to address unanticipated program needs.
Section 812 requires the CFO to submit a revised operating
budget for the District of Columbia Public Schools, no later
than 30 calendar days after the enactment of this Act, that
aligns schools budgets to actual enrollment.
Section 813 allows for transfers of local funds between
operating funds and capital and enterprise funds.
Section 814 prohibits the obligation of Federal funds
beyond the current fiscal year and transfers of funds unless
expressly provided herein.
Section 815 provides that not to exceed 50 percent of
unobligated balances from Federal appropriations for salaries
and expenses may remain available for certain purposes. This
provision will apply to the District of Columbia Courts, the
Court Services and Offender Supervision Agency, and the
District of Columbia Public Defender Service.
Section 816 appropriates local funds during fiscal year
2020 if there is an absence of a continuing resolution or
regular appropriation for the District of Columbia. Funds are
provided under the same authorities and conditions and in the
same manner and extent as provided for in fiscal year 2019.
Section 817 reduces the income threshold for the District
of Columbia Tuition Assistance Grant Program to $500,000 for
individuals who begin a course of study in or after school
year 2019-2020. The income threshold is adjusted for
inflation thereafter.
Section 818 specifies that references to ``this Act'' in
this title or title IV are treated as referring only to the
provisions of this title and title IV.
This division may be cited as ``Financial Services and
General Government Appropriations Act, 2019.''
[[Page H800]]
[GRAPHIC] [TIFF OMITTED] TH180119.049
[[Page H801]]
[GRAPHIC] [TIFF OMITTED] TH180119.050
[[Page H802]]
[GRAPHIC] [TIFF OMITTED] TH180119.051
[[Page H803]]
[GRAPHIC] [TIFF OMITTED] TH180119.052
[[Page H804]]
[GRAPHIC] [TIFF OMITTED] TH180119.053
[[Page H805]]
[GRAPHIC] [TIFF OMITTED] TH180119.054
[[Page H806]]
[GRAPHIC] [TIFF OMITTED] TH180119.055
[[Page H807]]
[GRAPHIC] [TIFF OMITTED] TH180119.056
[[Page H808]]
[GRAPHIC] [TIFF OMITTED] TH180119.057
[[Page H809]]
[GRAPHIC] [TIFF OMITTED] TH180119.058
[[Page H810]]
[GRAPHIC] [TIFF OMITTED] TH180119.059
[[Page H811]]
[GRAPHIC] [TIFF OMITTED] TH180119.060
[[Page H812]]
[GRAPHIC] [TIFF OMITTED] TH180119.061
[[Page H813]]
[GRAPHIC] [TIFF OMITTED] TH180119.062
[[Page H814]]
[GRAPHIC] [TIFF OMITTED] TH180119.063
[[Page H815]]
[GRAPHIC] [TIFF OMITTED] TH180119.064
[[Page H816]]
[GRAPHIC] [TIFF OMITTED] TH180119.065
[[Page H817]]
[GRAPHIC] [TIFF OMITTED] TH180119.066
[[Page H818]]
DIVISION D--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
The following statement is an explanation of the effects of
Division D, which provides appropriations for the Department
of the Interior, the Environmental Protection Agency (EPA),
the Forest Service, the Indian Health Service, and related
agencies for fiscal year 2019.
The explanatory statement accompanying this Act is approved
and indicates congressional intent. Report language contained
in House Report 115-765 and Senate Report 115-276 providing
specific guidance to agencies regarding the administration of
appropriated funds and any corresponding reporting
requirements carries the same emphasis as the language
included in this explanatory statement and should be complied
with unless specifically addressed to the contrary herein.
This explanatory statement, while repeating some language for
emphasis, is not intended to negate the language referred to
above unless expressly provided herein.
In cases where the House report, Senate report, or this
explanatory statement direct the submission of a report, such
report is to be submitted to both the House and Senate
Committees on Appropriations. Where this explanatory
statement refers to the Committees or the Committees on
Appropriations, unless otherwise noted, this reference is to
the House Subcommittee on Interior, Environment, and Related
Agencies and the Senate Subcommittee on Interior,
Environment, and Related Agencies.
Each department and agency funded in this Act is directed
to follow the directions set forth in this Act and the
accompanying statement and to not reallocate resources or
reorganize activities except as provided herein or otherwise
approved by the House and Senate Appropriations Committees
through the reprogramming process as referenced in this
explanatory statement. This explanatory statement addresses
only those agencies and accounts for which there is a need
for greater explanation than provided in the Act itself.
Funding levels for appropriations by account, program, and
activity, with comparisons to the fiscal year 2018 enacted
level and the fiscal year 2019 budget request, can be found
in the table at the end of this division.
Unless expressly stated otherwise, any reference to ``this
Act'' or ``at the end of this statement'' shall be treated as
referring only to the provisions of this division.
Arts and Humanities Advocacy.--The decades of arts and
humanities advocacy by the late Rep. Louise M. Slaughter is
acknowledged and appreciated. In her memory, the National
Endowment for the Arts and the National Endowment for the
Humanities are encouraged to expand grant-making activities
in a manner that honors her advocacy, especially in rural and
under-served areas, so more Americans are able to benefit
from the economic, social, and educational effects of the
arts and humanities.
Delivery of Reports and Correspondence.--All reports,
correspondence, and reprogramming requests from the agencies
to the Committees shall be provided in both physical and
electronic formats.
Directives.--The Department of the Interior and Forest
Service are directed to continue the directions included in
the explanatory statement accompanying the Consolidated
Appropriations Act, 2017 (P.L. 115-31) relating to Vacant
Grazing Allotments; State Wildlife Data; Bighorn Sheep; Land
Grants, Acequias, and Community Ditches; and Public Access.
Harassment-Free Workplace.--It is the expectation that all
Federal employees, especially those in leadership positions,
at the agencies funded by this Act will create and maintain
harassment-free workplaces and remind the agencies of the
directives in House Report 115-765 and Senate Report 115-276.
Making Litigation Costs Transparent.--The Department of the
Interior, EPA, and the Forest Service are directed to provide
to the House and Senate Committees on Appropriations, and to
make publicly available no later than 60 days after enactment
of this Act, detailed Equal Access to Justice Act (EAJA) fee
information as specified in the explanatory statement
accompanying Division G of the Consolidated Appropriations
Act, 2017 (Public Law 115-31).
Multi-Agency Transparency.--Increasing transparency within
all agencies of the Department of the Interior, the Forest
Service, and EPA is supported. These agencies are encouraged
to disclose costs associated with analyses required by the
National Environmental Policy Act.
Paper Reduction Efforts.--The Department of the Interior,
EPA, Forest Service, and Indian Health Service are urged to
work with the Office of Management and Budget to reduce
printing and reproduction costs and each agency is directed
to report to the Committees within 90 days of enactment of
this Act on steps being undertaken to achieve this goal and
how much each agency expects to save by implementing these
measures.
Recreation Fee Authority.--A one-year extension of
recreation fee authority for the Department of the Interior
and the Forest Service was included in Public Law 115-245.
Twenty-first Century Conservation Service Corps.--
Consistent with the direction in House Report 115-765 and
Senate Report 115-276, the Department of the Interior and the
Forest Service are expected to continue conservation
partnerships with the 21st Century Conservation Service Corps
and Public Lands Corps.
Water Rights.--The Department of the Interior and the
Forest Service are reminded of the States' jurisdiction over
water law and expect that all applicable laws will be
followed when considering a request for a permit or permit
renewal.
White Nose Syndrome.--The agencies funded by this Act are
reminded of the directive included in Senate Report 115-276.
Land and Water Conservation Fund.--The bill includes
$435,000,000 derived from the Land and Water Conservation
Fund (LWCF) for programs consistent with chapter 2003 of
title 54 of the United States Code, as identified in the
table below.
----------------------------------------------------------------------------------------------------------------
FY 2018 Enacted Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Land and Water Conservation Fund....................... $425,000,000 -$12,867,000 $435,000,000
State, Local and Forest Legacy Programs............ 224,731,000 0 237,293,000
National Park Service State Assistance......... 124,006,000 0 124,006,000
Coop. Endangered Species Conservation Fund..... 19,638,000 0 30,800,000
American Battlefield Protection Act............ 10,000,000 0 10,000,000
Highlands Conservation Act..................... 10,000,000 0 20,000,000
Forest Legacy Program.............................. 67,025,000 0 63,990,000
Rescission..................................... -5,938,000 -4,000,000 -1,503,000
Federal Land Acquisition........................... 200,269,000 -8,867,000 187,707,000
Bureau of Land Management...................... 24,916,000 3,392,000 28,316,000
Fish and Wildlife Service...................... 53,839,000 11,953,000 45,189,000
National Park Service.......................... 46,935,000 8,788,000 34,438,000
Forest Service................................. 64,337,000 0 72,564,000
Department of the Interior Valuation Services.. 10,242,000 9,000,000 9,000,000
Rescissions.................................... 0 -42,000,000 -1,800,000
----------------------------------------------------------------------------------------------------------------
The agencies are expected to move forward with all projects
specifically identified and funded through this bill; to
utilize funding in a timely manner; and to seek congressional
approval for reprogramming unobligated balances if
applicable. It is expected that the agencies will provide
timely information on project status and available balances.
Agencies are directed to continue their longstanding process
of identifying and prioritizing potential Federal land
acquisition projects in anticipation of program
appropriations as consistent with previous years. Within 30
days of the submission of the fiscal year 2020 budget or by
March 1, 2019, whichever comes first, each agency is directed
to submit to the Committees a prioritized list of projects
for fiscal year 2020 consideration.
Increasing access to our public lands for hunting, fishing,
and other recreational activities is important and this bill
includes funding for these projects. The agencies are
expected to work with their respective regions, State
offices, and/or management units to identify potential
recreation access projects and to inform the Committees on
project selections prior to proceeding.
REPROGRAMMING GUIDELINES
The following are the procedures governing reprogramming
actions for programs and activities funded in the Department
of the Interior, Environment, and Related Agencies
Appropriations Act. The agencies funded in this Act are
reminded that these reprogramming guidelines are in
effect, and must be complied with, until such time as the
Committees modify them through bill or report language.
Definitions.--``Reprogramming,'' as defined in these
procedures, includes the reallocation of funds from one
budget activity, budget line-item, or program area, to
another within any appropriation funded in this Act. In cases
where either the House or Senate Committee report displays an
allocation of an appropriation below that level, that more
detailed level shall be the basis for reprogramming.
For construction, land acquisition, and forest legacy
accounts, a reprogramming constitutes the reallocation of
funds, including unobligated balances, from one construction,
land acquisition, or forest legacy project to another such
project.
A reprogramming shall also consist of any significant
departure from the program described in the agency's budget
justifications. This includes proposed reorganizations,
especially those of significant national or regional
importance, even without a change in funding. Any change to
the organization table presented in the budget justification
shall be subject to this requirement.
[[Page H819]]
The agencies funded by this Act have indicated that they
are currently working to implement Executive Order 13781, a
Comprehensive Plan for Reorganizing the Executive Branch, and
have included in the fiscal year 2019 budget request a number
of significant reorganization proposals for the Committees'
consideration. There have been reports that agencies funded
by this Act may be weighing additional organizational changes
during the remainder of this fiscal year. Agencies are
reminded that this bill continues longstanding General
Guidelines for Reprogramming that require agencies funded by
this Act to submit reorganization proposals for Committee
review prior to their implementation. It is noted that such
reprogramming guidelines apply to proposed reorganizations,
workforce restructure, reshaping or transfer of functions
presented in the budget justifications, or bureau-wide
downsizing, especially those of significant national or
regional importance, and include closures, consolidations,
and relocations of offices, facilities, and laboratories
presented in the budget justifications. In addition, no
agency shall implement any part of a reorganization that
modifies regional or State boundaries for agencies or bureaus
that were in effect as of the date of enactment of this Act
unless approved consistent with the General Guidelines for
Reprogramming procedures specified herein. Any such
reprogramming request submitted to the Committees on
Appropriations shall include a description of anticipated
benefits, including anticipated efficiencies and cost-
savings, as well as a description of anticipated personnel
impacts and funding changes anticipated to implement the
proposal.
General Guidelines for Reprogramming.--
(a) A reprogramming should be made only when an unforeseen
situation arises, and then only if postponement of the
project or the activity until the next appropriation year
would result in actual loss or damage.
(b) Any project or activity, which may be deferred through
reprogramming, shall not later be accomplished by means of
further reprogramming, but instead, funds should again be
sought for the deferred project or activity through the
regular appropriations process.
(c) Except under the most urgent situations, reprogramming
should not be employed to initiate new programs or increase
allocations specifically denied or limited by Congress, or to
decrease allocations specifically increased by the Congress.
(d) Reprogramming proposals submitted to the House and
Senate Committees on Appropriations for approval shall be
considered approved 30 calendar days after receipt if the
Committees have posed no objection. However, agencies will be
expected to extend the approval deadline if specifically
requested by either Committee.
Criteria and Exceptions.--A reprogramming must be submitted
to the Committees in writing prior to implementation if it
exceeds $1,000,000 annually or results in an increase or
decrease of more than 10 percent annually in affected
programs or projects, whichever amount is less, with the
following exceptions:
(a) With regard to the tribal priority allocations of the
Bureau of Indian Affairs (BIA) and Bureau of Indian Education
(BIE), there is no restriction on reprogrammings among these
programs. However, the Bureaus shall report on all
reprogrammings made during a given fiscal year no later than
60 days after the end of the fiscal year.
(b) With regard to the EPA, reprogramming requests
associated with the States and Tribes Partnership Grants, or
up to a cumulative total of $30,000,000 from carryover
balances among the individual program areas delineated in the
Environmental Programs and Management account are not
required. No funds, however, shall be reallocated from
individual Geographic Programs.
Assessments.--``Assessment'' as defined in these procedures
shall refer to any charges, reserves, or holdbacks applied to
a budget activity or budget line item for costs associated
with general agency administrative costs, overhead costs,
working capital expenses, or contingencies.
(a) No assessment shall be levied against any program,
budget activity, subactivity, budget line item, or project
funded by the Interior, Environment, and Related Agencies
Appropriations Act unless such assessment and the basis
therefor are presented to the Committees on Appropriations in
the budget justifications and are subsequently approved by
the Committees. The explanation for any assessment in the
budget justification shall show the amount of the assessment,
the activities assessed, and the purpose of the funds.
(b) Proposed changes to estimated assessments, as such
estimates were presented in annual budget justifications,
shall be submitted through the reprogramming process and
shall be subject to the same dollar and reporting criteria as
any other reprogramming.
(c) Each agency or bureau which utilizes assessments shall
submit an annual report to the Committees which provides
details on the use of all funds assessed from any other
budget activity, line item, subactivity, or project.
(d) In no case shall contingency funds or assessments be
used to finance projects and activities disapproved or
limited by Congress, or to finance programs or activities
that could be foreseen and included in the normal budget
review process.
(e) New programs requested in the budget should not be
initiated before enactment of the bill without notification
to, and the approval of, the Committees on Appropriations.
This restriction applies to all such actions regardless of
whether a formal reprogramming of funds is required to begin
the program.
Quarterly Reports.--All reprogrammings between budget
activities, budget line-items, program areas, or the more
detailed activity levels shown in this explanatory statement,
including those below the monetary thresholds established
above, shall be reported to the Committees within 60 days of
the end of each quarter and shall include cumulative totals
for each budget activity, budget line item, or construction,
land acquisition, or forest legacy project.
Land Acquisitions, Easements, and Forest Legacy.--Lands
shall not be acquired for more than the approved appraised
value (as addressed in section 301(3) of Public Law 91-646),
unless such acquisitions are submitted to the Committees on
Appropriations for approval in compliance with these
procedures.
Land Exchanges.--Land exchanges, wherein the estimated
value of the Federal lands to be exchanged is greater than
$1,000,000, shall not be consummated until the Committees
have had a 30-day period in which to examine the proposed
exchange. In addition, the Committees shall be provided
advance notification of exchanges valued between $500,000 and
$1,000,000.
Budget Structure.--The budget activity or line item
structure for any agency appropriation account shall not be
altered without advance approval of the House and Senate
Committees on Appropriations.
TITLE I--DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
Bureau of Land Management Directives.--The Bureau is
reminded of the importance of the directives included in
House Report 115-765 and Senate Report 115-276 not addressed
herein, as well as the new directives in this explanatory
statement, including the front matter. The innovative use of
technology to improve the timeliness and accuracy of
permitting decisions is supported and the Bureau is directed
to provide a report within 90 days of enactment as directed
by House Report 115-765. The direction related to Chaco
Canyon included in Senate Report 115-276 is reiterated.
Management of Lands and Resources (MLR).--The bill provides
$1,198,000,000 for MLR. Within this amount, the Colorado
Basin Salinity Control Program is funded at $2,000,000.
Unless noted herein, the bill does not accept the proposed
funding decreases; specific funding allocation information is
located at the end of this explanatory statement.
MLR Budget Restructuring.--The Bureau's request to
restructure several budget line items to increase efficiency
in the delivery of programs is accepted. In fiscal year 2019,
Soil, Water and Air Management moves into Rangeland
Management. Riparian Management moves into Wildlife and
Aquatic Habitat Management. Within the new Wildlife and
Aquatic Management budget line item, the specific funding for
Threatened and Endangered Species is maintained to ensure
transparency of funding for these activities and it is
expected these changes will improve the Bureau's ability to
report expenditures and performance as required by the
Endangered Species Act (ESA). The proposal to consolidate
Hazardous Materials and Abandoned Mine Lands is also
accepted.
Budget Restructuring Report Requirement.--It is expected
that the restructuring will improve program delivery and
provide better on-the-ground results for Burea-managed lands
and direct the Bureau to provide a report with evidence of
this improvement within 180 days of enactment of this Act.
Wild Horse and Burro Management.--The bill provides
$80,555,000 for wild horse and burro management. The
financial and political challenges of controlling wild horse
and burro populations are fully recognized and it is noted
that significant management changes need to be made within
the near future in order to control costs, improve range
conditions, and humanely manage wild horse and burro
populations. As such, appreciation for the Bureau's April 26,
2018, report titled ``Management Options for a Sustainable
Wild Horse and Burro Program'' is noted, but it is believed
that additional analysis is needed as directed by House
Report 115-765. This analysis should be provided to Congress
no later than 180 days after enactment of this Act. The
Bureau is expected to continue evaluating its internal
policies, procedures, and regulations to reduce costs and
administrative burdens, as well as researching and developing
appropriate, humane protocols for fertility control methods,
including sterilization, and improve its contracting for off-
range holdings. It is incumbent upon the Bureau to request
the funding necessary to address this growing problem; better
management of this program now will result in fewer dollars
necessary in the future to restore the lands that wild
horses, burros, and other wildlife depend upon. Therefore,
the Bureau is expected to include in its fiscal year 2020
budget request a proposal that outlines its proposed strategy
and the funding necessary for implementation, including
anticipated out-year estimates. Current prohibitions on
destruction and sale authority contained in the bill are
continued.
LAND ACQUISITION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $28,316,000 for Land Acquisition and
includes a rescission of
[[Page H820]]
$1,800,000 from previously appropriated Emergencies,
Hardships, and Inholdings funding. The amounts provided by
this bill for projects are shown in the table below, listed
in priority order pursuant to the project list received for
fiscal year 2019. It is understood that projects on that
list, such as the Upper Snake/South Fork River Special
Recreation Management Area, meet the criteria for
recreational access funding and should receive full
consideration from the amounts included for recreational
access. Further instructions are contained under the Land and
Water Conservation Fund heading in the front of this
explanatory statement.
----------------------------------------------------------------------------------------------------------------
State Project This Bill
----------------------------------------------------------------------------------------------------------------
ID......................................... Little Salmon River ................. $800,000
Recreation Area.
MT......................................... Everson Bench................ ................. 400,000
CO......................................... Gold Belt Access............. ................. 2,400,000
CA......................................... Headwaters National Forest ................. 1,500,000
Reserve.
WY......................................... Fortification Creek ................. 100,000
Wilderness Study Area.
AL......................................... Rebel Road................... ................. 400,000
UT......................................... Red Cliffs National ................. 4,000,000
Conservation Area.
ID......................................... Ridge to Rivers.............. ................. 300,000
NM......................................... Sabinoso Area of Critical ................. 600,000
Environmental Concern.
CA......................................... Sand to Snow National ................. 1,000,000
Monument.
NM......................................... Fort Stanto-Snowy River Cave ................. 1,900,000
National Conservation Area.
CA......................................... Elkhorn Ridge................ ................. 400,000
WY......................................... Sheep Mountain ACEC.......... ................. 1,500,000
CO......................................... Dolores River................ ................. 400,000
-------------------------------------
Subtotal, Line Item Projects. ................. 15,700,000
Budget Request This Bill
Acquisition Management....... 1,996,000 2,000,000
Recreational Access.......... 0 9,000,000
Emergencies, Hardships, and 1,396,000 1,616,000
Inholdings.
Rescission of Funds.......... -10,000,000 -1,800,000
-------------------------------------
Total, BLM Land Acquisition.. -6,608,000 -26,516,000
----------------------------------------------------------------------------------------------------------------
OREGON AND CALIFORNIA GRANT LANDS
The bill provides $106,985,000 for Oregon and California
Grant Lands to be distributed as displayed in the funding
allocation table at the end of this explanatory statement.
RANGE IMPROVEMENTS
The bill provides $10,000,000 to be derived from public
lands receipts and Bankhead-Jones Farm Tenant Act lands
grazing receipts.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
The bill provides an indefinite appropriation estimated to
be $25,850,000 for Service Charges, Deposits, and
Forfeitures.
MISCELLANEOUS TRUST FUNDS
The bill provides an indefinite appropriation estimated to
be $24,000,000 for Miscellaneous Trust Funds.
UNITED STATES FISH AND WILDLIFE SERVICE
RESOURCE MANAGEMENT
The bill provides $1,292,078,000 for Resource Management.
All programs, projects, and activities are maintained at
fiscal year 2018 enacted levels unless otherwise specified
below or in the table at the end of this explanatory
statement. For this and all other Service accounts funded in
this bill, the Service is expected to comply with the
instructions and requirements at the beginning of this
division and in House Report 115-765 and Senate Report
115-276, unless otherwise specified below. Additional
details, instructions, and requirements follow below and
in the table at the end of this division.
Planning and Consultation.--The bill includes $3,000,000 to
avoid permitting delays and to achieve compliance with other
statutes, which should be apportioned in accordance with
workload needs nationwide rather than by region. In addition,
$4,000,000 is provided for Gulf Coast Restoration activities
to ensure that the Service has the resources necessary to
avoid delays in projects related to the Deepwater Horizon
incident. This is consistent with the amount provided in
fiscal year 2018. Because substantial resources are provided
to the Service for Gulf Coast Restoration, the Service is
expected to move forward with project reviews in a timely
manner.
Lesser Prairie Chicken.--There is concern that by listing
the lesser prairie chicken (LPC) under the ESA in spite of
the unprecedented level of voluntary conservation efforts in
the habitat area, the Service significantly reduced the
incentive for stakeholders to pursue future initiatives to
preserve the LPC and other species. It is noted that if the
listing of a species is viewed as inevitable, stakeholders
lose the incentive to invest in private, voluntary
conservation efforts. Therefore, the Service is directed to
collaborate with local and regional stakeholders on improving
voluntary solutions to conserve the species with the goal of
avoiding the necessity of listing the LPC under the ESA.
Recovery.--The bill includes: a $2,000,000 general program
increase; $1,000,000 to implement the Prescott Grant Program
as authorized by section 408(e) of the Marine Mammal
Protection Act (16 U.S.C. 1421f-1(e)); and $6,000,000 for
Recovery Challenge matching grants to enhance and increase
partnerships with agencies and organizations implementing
highest priority recovery actions as prescribed in recovery
plans, and in particular for genetically-sound breeding,
rearing, and reintroduction programs. Longstanding
partnerships, including for the northern aplomado falcon,
California condor, and Steller's eider, should be funded at
not less than $2,500,000, and partner contributions should be
not less than their current amounts. The remaining funds
should be dedicated to new partnerships and should require a
50:50 match, which may include in-kind services. Unless an
affected State is a partner on the project, none of the funds
may be awarded to a project until the project partners have
consulted with such State. The Service is expected to explore
entering into an agreement with the National Fish and
Wildlife Foundation (NFWF) for the purpose of administering
the program and leveraging the funds with corporate and
nonprofit contributions, in full consultation with the
Service, and to brief the Committee within 60 days of
enactment of this Act. None of the funds may be used for
indirect costs.
Five-Year Reviews.--The Service is directed to complete all
five-year reviews within the period required by law, and, for
any determination on the basis of such review whether a
species should be delisted, downlisted, or uplisted,
promulgate an associated regulation and complete the
rulemaking process prior to initiating the next status review
for such species.
Gray Wolf.--The Service's recent commitment to work closely
with Federal, State, Tribal and local partners to assess the
currently listed gray wolf entities in the Lower 48 States
using the best available scientific information, and if
appropriate, to publish a proposal to revise the wolf's
status in the Federal Register by the end of the calendar
year, is recognized.
Grizzly Bear.--The Service is directed to work with
ranchers, conservation groups, local governments, and other
local partners to reduce conflicts between grizzly bears and
livestock. These efforts should draw upon lessons learned
with the Wolf Livestock Loss Demonstration Program to improve
conservation outcomes while limiting effects to agricultural
producers. Not less than 30 days after the date of enactment
of this Act, and for a duration of not less than 90 days, the
Service and the National Park Service are directed to re-open
the public comment period regarding the draft environmental
impact statement with proposed alternatives for the
restoration of grizzly bears to the North Cascades Ecosystem.
Any member of the public in attendance at any of the
associated public forums and wishing to voice their opinion
must be afforded the opportunity to do so.
Preble's Meadow Jumping Mouse.--The Service is urged to
address consultations and permitting of public and private
projects related to the Preble's meadow jumping mouse as one
of the highest priorities.
Marbled Murrelet.--There is concern that the draft Long
Term Conservation Strategy for the marbled murrelet is
focused primarily on inland nesting habitat when more than 90
percent of the life cycle of this species is spent in the
marine environment. It is also recognized that while the
relationship between nesting habitat and marbled murrelet
abundance is well documented, there is comparatively little
known about factors linked to the marine environment,
including environmental conditions, prey availability and
bycatch mortality, that may be contributing to recent
population declines in Washington, Oregon, and California.
Therefore, the Service is urged to partner with the National
Oceanic and Atmospheric Administration to pursue additional
studies to determine the full range of factors linked to the
marine environment that may affect marbled murrelet
populations and to develop a comprehensive set of
recommendations to address those factors. In addition, the
Service is directed to work collaboratively with local
communities, elected officials, and other stakeholders in the
development of the final Long Term Conservation Strategy for
the marbled murrelet.
National Wildlife Refuge System.--The bill includes a
general program increase of $1,000,000 for Wildlife and
Habitat Management, and the Service is encouraged to
prioritize invasive species eradication activities. The
subsistence program is continued
[[Page H821]]
at $2,835,000. In addition, $55,000,000 is provided for
Refuge Maintenance Support.
Refuge Law Enforcement.--Adequate refuge law enforcement is
critical to protect our natural resources, staff, and more
than 53 million visitors at refuges. The Service should
request adequate funding so no refuge is without law
enforcement at any time.
Trapping on Refuges.--The Service website includes
information on trapping on refuges at <a href='https://www.fws.gov/
refuges/visitors/trapping.html'>https://www.fws.gov/
refuges/visitors/trapping.html</a> and has instituted signage at
those refuges. Trapping information for individual refuges
can be found on their web pages under Resource Management.
Alaska Maritime National Wildlife Refuge.--The Service is
expected to follow the directive from fiscal year 2018 that
prohibits a caribou hunt on Kagalaska Island and efforts to
remove cattle on Chirikof and Wosnesenski Islands in the
State of Alaska.
Urban Wildlife Refuges.--Funding has been provided to
continue the Urban Wildlife Refuge Partnership program at the
fiscal year 2018 enacted level and to support efforts to
promote conservation in urban areas.
Green River National Wildlife Refuge.--The Service is
reminded of the direction included in Senate Report 115-276
to establish the Green River National Wildlife Refuge.
Rio Mora National Wildlife Refuge.--The Service is expected
to continue to support staffing and educational programming
at Rio Mora National Wildlife Refuge and to continue dialogue
with nonprofit and Tribal partners on the Service's plan for
long-term operations of the refuge. The Service shall brief
the Committees within 60 days of enactment of this Act on the
status of the operations plan.
Migratory Bird Management.--The bill provides $3,237,000 as
requested for aviation management, which is transferred to
the General Operations activity to more accurately reflect
the program's responsibilities across the Service.
Law Enforcement.--The bill includes $2,000,000 for
combating violations of the Indian Arts and Crafts Act, and
the Service is directed to brief the Committees within 60
days of enactment of this Act on the proposed distribution of
the funds.
International Affairs.--The bill provides $15,816,000 for
International Affairs with the expectation that the Service
will spend above the fiscal year 2018 enacted funding level
for Wildlife Trafficking. Arctic Council Support is continued
at $550,000.
National Fish Hatchery System Operations.--The bill
provides $4,000,000 for Klamath Basin Restoration Agreement
activities, of which at least $3,500,000 is to support
rearing and population monitoring, and of which $3,000,000 is
transferred from Habitat Assessment and Restoration. None of
the funds may be used to terminate operations or to close any
facility of the National Fish Hatchery System. None of the
production programs listed in the March 2013 National Fish
Hatchery System Strategic Hatchery and Workforce Planning
Report may be reduced or terminated without advance, informal
consultation with affected States and Tribes.
Aquatic Habitat and Species Conservation.--The bill
includes $6,000,000 to implement the Delaware River Basin
Conservation Act, $9,554,000 for the subsistence program, and
$500,000 for the Lake Champlain sea lamprey program.
Asian Carp.--The importance of the work conducted by the
Service to combat the serious threat of Asian carp is
recognized and $11,000,000 is provided for Asian carp
activities, of which $2,000,000 is for contract fishing and
deterrents to extirpate Asian carp, including grass carp.
Funding should be used to control Asian carp in the
Mississippi and Ohio River Basins, including in Kentucky
Lake, Lake Barkley, Tennessee river systems, and the Ohio
River, and to prevent Asian carp from entering and
establishing in the Great Lakes. The Service should consider
the utility of creating a dedicated funding source to
increase the intensity and geographic scope of efforts to
prevent entry into the Great Lakes.
Cooperative Landscape Conservation.--The bill provides
$12,500,000 for Cooperative Landscape Conservation to support
partnerships of Federal, State, Tribal, and other
organizations to develop shared conservation priorities as
outlined in the congressional budget justifications provided
to the Committees on Appropriations. Any deviation from that
justification must be transparent and officially presented to
the Committees on Appropriations, and there must be
opportunities for public review and comment before any
changes are instituted. Funding for Gulf Coast Restoration is
continued at $1,000,000.
General Operations.--The bill includes $5,516,000 for
annual maintenance needs of the National Conservation
Training Center (NCTC).
CONSTRUCTION
(INCLUDING RESCISSION OF FUNDS)
The bill provides $55,613,000 for Construction, including
$39,873,000 for the backlog of deferred maintenance
principally at national fish hatcheries and national wildlife
refuges, and rescinds $1,500,000 from prior year unobligated
balances, of which $300,000 was made available by Public Law
111-8. The Service is directed to provide a spend plan to the
Committees within 120 days of enactment of this Act for the
deferred maintenance funding. The detailed allocation of
funding by activity is included in the table at the end of
this explanatory statement. For line-item construction, the
Service is expected to follow the project priority list in
the table below. When a construction project is completed or
terminated and appropriated funds remain, the Service may use
those balances to respond to unforeseen reconstruction,
replacement, or repair of facilities or equipment damaged or
destroyed by storms, floods, fires, and similar unanticipated
events.
----------------------------------------------------------------------------------------------------------------
Refuge, Hatchery, or Other
State Unit Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
IL......................................... Crab Orchard National $1,000,000 $1,000,000
Wildlife Refuge (NWR).
AK......................................... Alaska Maritime NWR.......... 2,675,000 2,675,000
NM......................................... Valle de Oro NWR............. 1,000,000 1,000,000
MI......................................... Pendills Creek National Fish 700,000 700,000
Hatchery (NFH).
N/A........................................ Branch of Dam Safety (Newly 250,000 250,000
acquired dams).
N/A........................................ Branch of Dam Safety (Seismic 200,000 200,000
safety).
TX......................................... San Marcos Aquatic Resources 1,608,000 1,608,000
Center.
AZ......................................... Alchesay NFH................. 150,000 150,000
N/A........................................ Information Resources & 250,000 250,000
Technology Management.
AK......................................... Yukon Delta NWR.............. 400,000 400,000
MI......................................... Sullivan Creek NFH........... 60,000 60,000
----------------------------------------------------------------------------------------------------------------
LAND ACQUISITION
The bill provides $65,189,000 for Land Acquisition. The
amounts provided by this bill for projects are shown in the
table below, listed in priority order pursuant to the project
list received for fiscal year 2019. Further instructions are
contained under the Land and Water Conservation Fund heading
in the front of this explanatory statement.
In a time when budgetary constraints allow for only a
limited number of new land acquisition projects, the
Committees are encouraged by programs that leverage public/
private partnerships for land conservation like the Highlands
Conservation Act, which has a record of more than a 2 to 1
ratio in non-Federal matching funds. Therefore, the bill
includes $20,000,000 for the Highlands Conservation Act
Grants and the Service is directed to work with the Highlands
States regarding priority projects for fiscal year 2019.
Revised bill language is included that provides
appropriations for land acquisition and removes unnecessary
language regarding the use of funding for Highlands
Conservation Act activities. The language included in this
bill provides sufficient authority to enable the use of funds
appropriated in the Service's land acquisition account to
meet the requirements of the Highlands Conservation Act (P.L.
108-421).
------------------------------------------------------------------------
State Project This Bill
------------------------------------------------------------------------
MT Montana National Wildlife Refuges and $4,000,000
Conservation Areas....................
FL Everglades Headwaters NWR and CA....... 2,000,000
SD Dakota Grassland Conservation Area..... 4,000,000
AR Cache River NWR........................ 3,100,000
MD Blackwater NWR......................... 1,000,000
IA/MN Northern Tallgrass Prairie NWR......... 500,000
FL St. Marks NWR.......................... 2,000,000
ID/UT/WY Bear River Watershed CA................ 1,500,000
TX Laguna Atascosa NWR.................... 1,000,000
CO/San Luis Valley CA..................... 2,000,000
CT/Silvio O. Conte NF&WR.................. 1,000,000
NJ Edwin B. Forsythe NWR.................. 500,000
------------------
Subtotal, Line Item Projects........... 22,600,000
------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Budget Request This Bill
----------------------------------------------------------------------------------------------------------------
Acquisition Management....... 9,615,000 12,773,000
Recreational Access.......... 0 2,500,000
Emergencies, Hardships, and 1,641,000 5,351,000
Inholdings.
Exchanges.................... 697,000 1,500,000
Land Protection Planning..... 0 465,000
Highlands Conservation Act 0 20,000,000
Grants.
Rescission of Funds.......... -5,000,000 0
-------------------------------------
Total, FWS Land Acquisition............ ........................... 6,953,000 65,189,000
----------------------------------------------------------------------------------------------------------------
[[Page H822]]
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
(INCLUDING RESCISSION OF FUNDS)
The bill provides $53,495,000 to carry out section 6 of the
Endangered Species Act of 1973, of which $22,695,000 is to be
derived from the Cooperative Endangered Species Conservation
Fund and $30,800,000 is to be derived from the Land and Water
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement. In addition, the bill includes a
rescission of $7,500,000 from unobligated balances of
appropriations made prior to fiscal year 2014 for HCP
Planning Assistance and Grants to States.
NATIONAL WILDLIFE REFUGE FUND
The bill provides $13,228,000 for payments to counties from
the National Wildlife Refuge Fund.
NORTH AMERICAN WETLANDS CONSERVATION FUND
The bill provides $42,000,000 for the North American
Wetlands Conservation Fund.
NEOTROPICAL MIGRATORY BIRD CONSERVATION FUND
The bill provides $3,910,000 for the Neotropical Migratory
Bird Conservation Fund.
MULTINATIONAL SPECIES CONSERVATION FUND
The bill provides $11,561,000 for the Multinational Species
Conservation Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
STATE AND TRIBAL WILDLIFE GRANTS
The bill provides $64,571,000 for State and Tribal Wildlife
Grants. The detailed allocation of funding by activity is
included in the table at the end of this explanatory
statement.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
The bill provides $2,502,711,000 for the Operation of the
National Park System. All programs, projects, and activities
are maintained at fiscal year 2018 levels, unless otherwise
specified below.
For this and all other Service accounts funded in this
bill, the Service is expected to comply with the instructions
and requirements at the beginning of this division and in
House Report 115-765 and Senate Report 115-276, unless
otherwise specified below. The Service is directed to submit
to the House and Senate Committees on Appropriations, within
60 days of enactment of this Act, an operating plan for the
Operation of the National Park System appropriation that
includes any necessary adjustments to the amounts provided to
maintain park operations of all units budgeted in the fiscal
year 2019 request. Such plan shall be subject to the
reprogramming guidelines contained in this explanatory
statement. Additional details, instructions, and requirements
follow below and in the table at the end of this division.
Resource Stewardship.--The bill includes: $3,000,000 for
zebra mussel and quagga mussel containment, prevention, and
enforcement; $10,032,000 for Everglades restoration;
$1,500,000 to continue landscape restoration at newly
authorized national parks, as provided by Public Law 114-113;
and a total of $800,000 to continue cave and karst ecosystem
research.
Visitor Services.--The bill rejects all of the reductions
proposed in the budget request. The Service is reminded of
the directive in House Report 115-765 with regard to
maintaining fiscal year 2018 funding levels.
Park Protection.--The bill does not include a one-time
increase provided in fiscal year 2018 for the replacement of
Park Police aircraft. Annual funding related to new aircraft
is provided under Park Support and includes a program
increase of $1,200,000 to return the Service to a standard
aircraft replacement cycle.
Facility Operations and Maintenance.--The bill includes
$135,980,000 for repair and rehabilitation projects and
$151,575,000 for cyclic maintenance.
Park Support.--The bill includes $10,535,000 of increases
requested in the budget addendum, including: $6,225,000 for
additional park rangers; $830,000 for increased law
enforcement training costs; $1,200,000 for the U.S. Park
Police helicopter replacement; $1,300,000 for public health
officers; $150,000 for unmanned aircraft services expertise;
$400,000 for Katahdin Woods and Waters; $965,000 for new
parks such as Ste. Genevieve, Birmingham Civil Rights, and
Freedom Riders; and $400,000 for Captain John Smith National
Heritage Trail to manage the new land acquisition of
Werowocomoco. The bill also includes $500,000 for the
Semiquincentennial Commission to be expended in accordance
with the United States Semiquincentennial Commission Act of
2016. Funding for the Roosevelt-Campobello International Park
is maintained at the fiscal year 2018 level. Funding
requested for the agency's reorganization efforts is provided
subject to the guidance included at the front of this
explanatory statement.
It is noted there are concerns regarding the Service's
current inventory of hand-held equipment supporting global
positioning systems. These systems are at end-of-life and
have operating systems that are no longer supported by the
developer. The Service is directed to brief the Committees on
these issues within 90 days of enactment of this Act.
External Administrative Costs.--The bill includes
$184,925,000 for external administrative costs, including
required fixed costs.
Quagga and Zebra Mussel Control.--Concern remains about the
spread of quagga and zebra mussels in the West and $3,000,000
is provided for continued containment, prevention, and
enforcement efforts, equal to the fiscal year 2018 enacted
level.
Blackstone River Valley National Historical Park.--The bill
includes requested funding for the Blackstone River Valley
National Historical Park with the expectation that the
Service will continue to make funds available to the local
coordinating entity to maintain staffing and capacity to
assist in management of the park as authorized in Public Law
113-291.
Captain John Smith National Historic Trail.--There is
strong disagreement with the Service's decision to proceed
with management changes that affect the Service's Chesapeake
Bay Office, the Captain John Smith Chesapeake National
Historic Trail, and the Werowocomoco site despite
congressional concerns. The Service is directed to produce
the report required by Senate Report 115-276 that details the
Service's legal authorities to make the change and the steps
it plans to take to ensure that the management changes do not
weaken the Service's commitment to Chesapeake Bay Program
partnerships.
Denali National Park Road.--There is particular concern
regarding the condition of the Denali National Park road and
the Service is directed to follow the guidance contained in
Senate Report 115-276 concerning the road.
Everglades Restoration.--The progress made toward
restoration of the Everglades ecosystem is noted and support
is continued for this multi-year effort to preserve one of
the great ecological treasures of the United States.
Oklahoma City National Memorial & Museum.--The Service's
submission of the report required by the Consolidated
Appropriations Act, 2018 concerning Federal funds allocated
for the Oklahoma City Memorial is acknowledged. The Service
should continue to work with all interested stakeholders to
determine options for providing the fully authorized level of
$5,000,000 for the memorial.
Point Reyes National Seashore.--It is noted that multi-
generational ranching and dairying is important both
ecologically and economically for the Point Reyes National
Seashore and the surrounding community. These historic
activities are also fully consistent with Congress's intent
for the management of Point Reyes National Seashore. There is
awareness that the Service is conducting a public process to
comply with a multi-party settlement agreement that includes
the preparation of an environmental impact statement to study
the effects of dairying and ranching on the park. The
inclusion of alternatives that continue ranching and dairying
is strongly supported, including the Service's Initial
Proposal to allow existing ranch families to continue
ranching and dairying operations under agricultural lease/
permits with 20-year terms, and expect the Service to make
every effort to finalize a General Management Plan Amendment
that continues these historic activities.
Trestles Historic District.--It is recognized that Trestles
Beach plays a vital role in the training and readiness of the
United States Marine Corps and note that amendments to the
National Historic Preservation Act included in National Park
Service Centennial Act (P.L. 114-289) modified the nomination
and approval process for the listing of Federal properties on
the National Register of Historic Places. It is also noted
that the Department has taken the position that it does not
have jurisdiction to hear an appeal alleging a failure of the
Department of the Navy to nominate the Trestles Historic
District to the National Register and do not expect the
Department to take any further action on this issue.
NATIONAL RECREATION AND PRESERVATION
The bill provides $64,138,000 for national recreation and
preservation programs and includes the following additional
instructions.
Heritage Partnership Program.--The bill includes
$20,321,000 for the Heritage Partnership Program. Individual
heritage areas are encouraged to develop plans for long-term
sufficiency. The Alliance of National Heritage Areas is
commended, in response to congressional direction, for
developing an allocation model that maintains core services
of more established areas while proposing additional
resources to newer areas. This progress is noted and the
Service is directed to work with heritage areas to further
develop consensus toward a sustainable funding distribution.
As this effort continues, the Service is expected to
distribute funds in the same manner as fiscal year 2017 with
the increase above the enacted level to be equally
distributed to Tier I areas or Tier 2 areas currently
receiving the minimum funding levels of $150,000 and $300,000
respectively.
Natural Programs.--The bill maintains funding for Natural
Programs, including the Chesapeake Gateways and Trails
program and Rivers, Trails, and Conservation, at the fiscal
year 2018 enacted level.
Cultural Programs.--The bill includes $25,562,000 for
cultural programs, an increase of $500,000 above the enacted
level. The increase above the enacted level is provided
pursuant to 20 U.S.C. 4451(b) for grants to nonprofit
organizations or institutions for the purpose of supporting
programs for Native Hawaiian or Alaska Native culture and
arts development at a total program level of $1,000,000 to be
utilized consistent with the
[[Page H823]]
direction outlined in the explanatory statement accompanying
Public Law 115-141. This program is a good example of a
multi-state, multi-organizational collaboration as envisioned
under the American Indian, Alaska Native, and Native Hawaiian
Culture and Art Development Act. Other cultural programs,
including grants to preserve and interpret Japanese American
Confinement Sites, are continued at their fiscal year 2018
levels.
Grants Administration.--The bill does not include the
proposed transfer of grants administration to cultural
programs as proposed in the request.
Native American Graves Protection and Repatriation
Grants.--The bill supports the Native American Graves
Protection and Repatriation Grant Program and maintains
funding at the fiscal year 2018 enacted level.
American Battlefield Protection Program Assistance
Grants.--Funding is provided at the fiscal year 2018 enacted
level. The importance of public-private partnerships to
maintain the preservation of America's battlefields is
recognized and the Service is urged to give priority to
projects with broad partner support. The timely review and
processing of grants continues to be encouraged.
HISTORIC PRESERVATION FUND
The bill provides $102,660,000 for the Historic
Preservation Fund. Within this amount, $49,675,000 is
provided for grants to States and $11,735,000 is provided for
grants to Tribes. The bill also includes $15,250,000 for
competitive grants, of which $750,000 is for grants to
underserved communities and $14,500,000 is for competitive
grants to document, interpret, and preserve historical sites
associated with the Civil Rights Movement. The bill also
includes $8,000,000 for competitive grants to Historically
Black Colleges and Universities and $13,000,000 for the Save
America's Treasures competitive grant program for the
preservation of nationally significant sites, structures, and
artifacts.
The bill continues $5,000,000 for preservation grants to
revitalize historic properties of national, State, and local
significance in order to restore, protect, and foster
economic development of rural villages and downtown areas.
Grants shall be made available to States, local governments,
Tribes, or community or statewide non-profit organizations
for the purpose of making sub-grants to eligible projects.
Priority shall be given to applicants with a demonstrated
capacity for allocating similar awards for preservation of
such sites. To ensure that limited funds are targeted in the
most effective manner, it is recommended that the Service
give priority to applicants that cap their administrative
costs at no more than five percent. The Service shall confer
with the House and Senate Committees on Appropriations prior
to finalizing a grant announcement for these funds and shall
distribute grants expeditiously.
CONSTRUCTION
The bill provides $364,704,000 for Construction and
includes a general program increase of $127,151,000 above the
request to address longstanding deferred maintenance and
major construction related requirements of the Service. The
Service is directed to provide, no later than 60 days after
enactment of this Act, an operating plan for the allocation
of funds, including Line Item Construction projects. Requests
for reprogramming will be considered pursuant to the
guidelines included at the beginning of this explanatory
statement. No funds are provided for project number 16,
entitled ``Rehabilitate Historic Main Parade Ground
Barracks'' at the Fort Vancouver National Historic Site.
It has been indicated that the proposed project is
intended as part of a future plan to relocate the
Service's Pacific West Regional Office from its current
location in California. However, the budget request does
not indicate any such plans, and the Department
subsequently implemented new regional boundaries for the
Service as of August, 2018. Therefore, it is premature to
fund this project during fiscal year 2019. It is further
noted with concern that the Service decided to move the
current regional office without first consulting
stakeholders and Congress. The Service is reminded that
major organizational proposals like this should be
disclosed as part of the annual budget proposal so that
Congress and the public have the opportunity to vet them.
Gustavus Intertie, Glacier NP.--The Service is directed to
consult regularly with the City of Gustavus as it issues the
RFP, prospectus, and design/build contracts for the intertie
at Glacier Bay National Park.
LAND ACQUISITION AND STATE ASSISTANCE
The bill provides $168,444,000 for Land Acquisition and
State Assistance. The amounts provided by this bill for
projects are shown in the table below, listed in priority
order pursuant to the project list received for fiscal year
2019. Further instructions are contained under the Land and
Water Conservation Fund heading in the front of this
explanatory statement.
------------------------------------------------------------------------
State Project This Bill
------------------------------------------------------------------------
LA................................. Jean Lafitte National $1,456,000
Historical Park and
Preserve.
AL................................. Little River Canyon 985,000
National Preserve.
WY................................. Grand Teton National 5,250,000
Park.
VA................................. Cedar Creek and Belle 1,556,000
Grove National
Historical Park.
TN................................. Obed Wild and Scenic 962,000
River.
NC/SC/TN/VA........................ Overmountain Victory 185,000
National Historic
Trail.
AR................................. Buffalo National River 246,000
MI................................. Sleeping Bear Dunes 2,308,000
National Lakeshore.
KY, TN............................. Big South Fork 398,000
National River &
Recreation Area.
MD................................. Antietam National 557,000
Battlefield.
------------
Subtotal, Line Item 13,903,000
Projects.
------------------------------------------------------------------------
------------------------------------------------------------------------
Budget Request This Bill
------------------------------------------------------------------------
Acquisition Management............ 8,788,000 9,679,000
Recreational Access............... 0 2,000,000
Emergencies, Hardships, 0 3,928,000
Relocations, and Deficiencies....
Inholdings, Donations, and 0 4,928,000
Exchanges........................
American Battlefield Protection 0 10,000,000
Program..........................
Rescission of Funds............... -10,000,000 0
=====================================
Total, NPS Land Acquisition... -1,212,000 44,438,000
Assistance to States:
State conservation grants 0 100,000,000
(formula)....................
State conservation grants 0 20,000,000
(competitive)................
Administrative expenses....... 0 4,006,000
=====================================
Total, Assistance to 0 124,006,000
States...................
=====================================
Total, NPS Land -1,212,000 168,444,000
Acquisition and State
Assistance...............
------------------------------------------------------------------------
CENTENNIAL CHALLENGE
The bill provides $20,000,000 for the Centennial Challenge
matching grant program. The program provides dedicated
Federal funding to leverage partnerships for signature
projects and programs for the national park system. The
Service is expected to use these funds to address projects
that have a deferred maintenance component in order to
alleviate the sizeable deferred maintenance backlog within
the national park system. A one-to-one match is required for
projects to qualify for these funds. The Service is urged to
give preference to projects that demonstrate additional
leveraging capacity from its partners. From amounts in the
Centennial Challenge account, the Department is encouraged to
make $5,000,000 available for critical programs and projects,
pursuant to 54 U.S.C. 1011 Subchapter II, subject to terms
and conditions outlined in Title VI of Public Law 114-289. It
is noted that amounts appropriated for the Centennial
Challenge are now supplemented by additional mandatory
revenues from sales of Federal Recreational Lands Senior
Passes, as authorized by the National Park Service Centennial
Act (P.L. 114-289).
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
The bill provides $1,160,596,000 for Surveys,
Investigations, and Research of the U.S. Geological Survey
(USGS, or the Survey). The detailed allocation of funding by
program area and activity is included in the table at the end
of this explanatory statement. The Survey is reminded of the
guidance and reporting requirements contained in House Report
115-765 and Senate Report 115-276 that should be complied
with unless specifically addressed to the contrary herein, as
explained in the front matter of this explanatory statement.
Ecosystems.--The bill provides $156,882,000, including a
$2,000,000 reduction for land and water management research
activities within the status and trends and fisheries program
subactivities. The Survey provides critical scientific
research and data to land and water managers in priority
landscapes such as the Arctic, Puget Sound, California Bay
Delta, Everglades, Great Lakes, Columbia River, and the
Chesapeake Bay, and this work is expected to continue at the
enacted levels. The bill includes $8,800,000 to maintain the
current funding level at the Great Lakes Science Center.
The bill maintains the Senate funding level and direction
on white nose syndrome, as well as $300,000 for whooping
crane research and $200,000 for research on coral disease.
The bill includes $7,600,000 for Asian carp, of which a
total of $2,000,000 is for research on containing and
eradicating grass carp.
The bill provides a $1,000,000 increase for Cooperative
Research Unit (CRUs) vacancies, including $250,000 for
research as directed in Senate Report 115-276.
The bill includes $500,000 for the continued research
transferred from curation activities.
Land Resources.--The bill provides $158,299,000 for the
Land Resources program. Within these funds, Landsat 9 is
fully funded at $32,000,000 and the AmericaView State grant
program receives $1,215,000. The bill continues funding for
the eight regional science centers at the fiscal year 2018
enacted level.
Energy, Minerals, and Environmental Health.--The bill
provides $111,736,000 for Energy, Minerals, and Environmental
Health, with $9,598,000 included for the new critical mapping
initiative, Three Dimensional mapping, and Economic
Empowerment Program. The bill includes $3,800,000 for the
implementation of Secretarial Order 3352 and the Survey is
encouraged to continue to work on the U.S. domestic mineral
base survey, which would be a complementary tool for the new
critical minerals initiative. The Survey is reminded to
follow the Senate direction on mapping in the Arctic mineral
belt.
The bill includes $100,000 within funds for Mineral
Resources to develop a map showing pyrrhotite occurrences
across the United States.
The bill provides $12,598,000 for toxic substances
hydrology with increased funding to understand cyanobacteria
and toxins in stream and wetland ecosystems and to expedite
the development and deployment of remote sensing tools to
assist with early event warning. It is also directed that
$200,000 be used for activities to better understand
mechanisms that result in toxins being present in harmful
algal blooms.
[[Page H824]]
Natural Hazards.--The bill provides $166,258,000 for the
Natural Hazards Program, including $83,403,000 for earthquake
hazards. Within this funding, $16,100,000 is provided for
continued development of an earthquake early warning (EEW)
system and $5,000,000 is provided for capital costs
associated with the buildout of the EEW. Additionally,
$5,000,000 is provided for Advanced National Seismic System
(ANSS) infrastructure and $1,200,000 is provided to address
base staffing needs necessary to support the ANSS.
The Committees have not yet received an updated Technical
Implementation Plan for the ShakeAlert Production System,
including revised cost estimates and timelines, as directed
in the statement accompanying P.L. 115-141. Completion and
review of this report is encouraged and its receipt is
expected as quickly as practicable.
The bill includes the continuation of the $800,000 for the
Central and Eastern U.S. Seismic Network (CEUSN). The bill
also continues the $1,000,000 for regional seismic networks
and the Survey is expected to allocate funds according to the
same methodology used in fiscal year 2018. The bill includes
$2,000,000 for the Earthscope USArray project.
Within volcano hazards, the bill provides $1,540,000 for
operations at high-threat volcanoes as a result of the one-
time infrastructure funding provided in fiscal year 2018;
$1,000,000 for next generation lahar detection operations;
and a total of $3,145,000 for new next-generation lahar
detection system infrastructure on very high-threat
volcanoes.
Water Resources.--The bill provides $226,308,000 for Water
Resources, with $61,746,000 directed to activities associated
with the Cooperative Matching Funds, including a $1,000,000
increase for integrated water assessments and a $819,000
increase for harmful algal bloom work as directed in House
Report 115-765. The bill maintains funding at the enacted
level for the Mississippi River Alluvial Plain, the U.S.--
Mexico aquifer project, and shallow and fractured bedrock
terrain.
The bill includes $10,000,000 in streamgage infrastructure
investments, with a total of $8,500,000 for deployment and
operation of NextGen water observing equipment and $1,500,000
for streamgages on transboundary rivers. The bill maintains
funding for the streamgage on the Unuk River at $120,000.
The groundwater monitoring network is to be maintained at
the fiscal year 2018 enacted level.
Core Science Systems.--The bill provides $117,902,000 for
Core Science Systems, which includes an increase of
$1,500,000 for 3D Elevation Program (3DEP) National
Enhancement and a total of $7,722,000 for Alaska Mapping and
Map Modernization. The bill includes $16,580,000 for the US
Topo program to continue shifting map production toward
dynamic product-on-demand mapping.
It is understood there are multiple advanced lidar
technologies and the Survey is encouraged to utilize advanced
technologies as long as such technology is in accordance with
the Survey's guidelines.
Facilities.--The bill includes $120,383,000 for facilities,
deferred maintenance, and capital improvement. Within these
amounts, $12,454,000 is included for the Menlo Park facility
transition. The infrastructure funding provided in fiscal
year 2018 for deferred maintenance has been continued. Of the
amount provided, $4,800,000 shall be available for interim
office and laboratory space, equipment, and other needs due
to the destruction of the Hawaiian Volcano Observatory and
the continuing volcanic activity at Kilauea.
BUREAU OF OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
The bill provides $179,266,000 for Ocean Energy Management
to be partially offset with the collection of rental receipts
and cost recovery fees totaling $49,816,000, for a net
discretionary appropriation of $129,450,000. The following
additional guidance is included:
Five-year lease plan.--The request for the Bureau's efforts
to initiate a new five year offshore leasing program is fully
funded, and the Bureau is encouraged to conduct an
expeditious and thorough review.
Offshore Revenues.--The Department is directed to
distribute revenues from Gulf of Mexico operations in a
manner consistent with the Gulf of Mexico Energy Security Act
of 2006 (P.L. 109-432).
Offshore Wind Energy Development.--It is understood that
the Bureau is continuing to work in North Carolina with local
stakeholders, industry, and State task forces, and that there
will be no lease sales for offshore areas in North Carolina
during fiscal year 2019.
Renewable Energy.--The Bureau should continue to follow the
direction under this heading in Senate Report 115-276
concerning offshore wind energy and working cooperatively
with the Department of Energy and coastal States.
BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
The bill provides $187,240,000 for Offshore Safety and
Environmental Enforcement to be partially offset with the
collection of rental receipts, cost recovery fees, and
inspection fees totaling $65,889,000 for a net discretionary
appropriation of $121,351,000.
OIL SPILL RESEARCH
The bill provides $14,899,000 for Oil Spill Research.
OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT
REGULATION AND TECHNOLOGY
The bill provides $115,804,000 for the Office of Surface
Mining Reclamation and Enforcement (OSMRE) Regulation and
Technology account and includes $2,300,000 in the form of
grant payments to States preparing to assume primacy.
Regulatory grants shall be funded at $70,890,000, with
$68,590,000, equal to the fiscal year 2018 enacted level,
provided in the bill. OSMRE is directed to apply $2,300,000
in fiscal year 2018 carryover to the State regulatory grant
program to maintain fiscal year 2018 funding levels for
States with primacy.
ABANDONED MINE RECLAMATION FUND
The bill provides $139,672,000 for the Abandoned Mine
Reclamation Fund. Of the funds provided, $24,672,000 shall be
derived from the Abandoned Mine Reclamation Fund and
$115,000,000 shall be derived from the General Fund.The
$115,000,000 in grants to States and Indian tribes for the
reclamation of abandoned mine lands in conjunction with
economic and community development and reuse goals shall be
distributed in accordance with the same goals, intent, and
direction as in fiscal year 2018.
BUREAU OF INDIAN AFFAIRS AND BUREAU OF INDIAN EDUCATION
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $2,414,577,000 for Operation of Indian
Programs. All programs, projects, and activities are
maintained at fiscal year 2018 levels, except for requested
fixed cost increases and transfers, or unless otherwise
specified below. For this and all other Bureau accounts
funded in this bill, Indian Affairs is expected to comply
with the instructions and requirements at the beginning of
this division and in House Report 115-765 and Senate Report
115-276, unless otherwise specified below. Additional
details, instructions, and requirements follow below and in
the table at the end of this division. Indian Affairs is
reminded of the importance of meeting reporting requirement
deadlines so that the Committees can properly evaluate
programs. Failure to do so could negatively impact future
budgets.
Tribal Government.--The bill provides $320,973,000 for
Tribal government programs, and includes $2,000,000 to
improve the condition of unpaved roads and bridges used by
school buses transporting students. Funds to implement the
Native American Tourism Improvement and Visitor Experience
Act of 2016 continue at the fiscal year 2018 enacted level.
Human Services.--The bill provides $161,416,000 for human
services programs and includes $300,000 to support women and
children's shelters that are serving the needs of multiple
Tribes or Alaska Native Villages in the areas served by the
Tiwahe pilot sites.
Trust-Natural Resources Management.--The bill provides
$206,870,000 for natural resources management programs,
including a $500,000 program increase for forestry Tribal
priority allocations. The bill provides $1,500,000 to
implement section 7(b) of Public Law 102-495, the Elwha River
Ecosystem and Fisheries Act, and the Bureau is directed to
follow the related guidance contained in House Report 115-
765.
It is understood that the Pacific Salmon Commission is
close to reaching an agreement to amend Annex IV of the
Pacific Salmon Treaty to replace management terms that
expired on December 31, 2018; therefore, the Bureau is
directed to report back within 90 days of enactment of this
Act with a detailed cost estimate of the responsibilities
under the Pacific Salmon Treaty and, specifically, Annex IV
of the Treaty as proposed to be amended.
Trust--Real Estate Services.--The bill provides
$130,680,000 for real estate services, of which $1,500,000 is
for rights protection litigation support and $450,000 is for
certification of historical places and cultural sites,
including Alaska Native Claims Settlement Act.
Bureau of Indian Education.--The bill includes $904,557,000
for the Bureau of Indian Education and partially retains and
redistributes a one-time forward funding increase provided in
fiscal year 2018. A program increase of $1,000,000 is
included for Tribal colleges and universities. Tribal grant
support costs continue to be fully funded. Within education
program enhancements, funding for Native language immersion
grants continues at the fiscal year 2018 level of $2,000,000.
There is awareness of the Department's efforts to pursue
alternative financing options to address the significant need
for replacement school construction at Bureau of Indian
Education funded schools and an increase of $2,000,000 is
included within Facility Operations to implement a pilot
program to meet these needs. Before obligating these funds,
the Department shall provide an expenditure plan for these
funds to the Committees that includes details regarding how
these funds will be used in fiscal year 2019, potential out-
year impacts and demand for the program, and additional
recommendations for legislative authority or other
considerations for future program management.
Public Safety and Justice.--The bill provides $411,517,000
for public safety and justice programs, of which: $1,000,000
is to implement the Native American Graves Protection and
Repatriation Act; $8,250,000 is for patrol officers in areas
hit hardest by the opioid epidemic; $3,033,000 is to reduce
recidivism
[[Page H825]]
through the Tiwahe initiative; $2,000,000 is for Tribal
detention facility staffing needs, including addressing the
needs of newly funded Tribal detention facilities;
$13,000,000 is to address the needs of Tribes affected by
Public Law 83-280; and $2,000,000 is to implement the
Violence Against Women Act for both training and specific
Tribal court needs.
Community and Economic Development.--The bill provides
$47,579,000 for community and economic development programs,
including $3,400,000 to implement the Native American Tourism
Improvement and Visitor Experience Act of 2016 and $1,000,000
for the modernization of oil and gas records.
A program increase of $1,000,000 is included for the Office
of Indian Energy and Economic Development to provide
assistance to Tribes to enhance economic development and
improve access to private financing of development projects.
The Office should assist with feasibility studies and provide
technical assistance to Tribes to establish commercial codes,
courts and other business structures. Further, the Office
should undertake efforts to build Tribal capacity to lease
Tribal lands and manage economic and energy resource
development. Finally, the Office should explore opportunities
to foster incubators of Tribal-owned and other Native
American-owned businesses. The Office is expected to track
accomplishments for each of these purposes and to report them
annually in its budget justification.
Executive Direction and Administrative Services.--The bill
includes $230,985,000 for executive direction and
administrative services, of which: $10,155,000 is for
Assistant Secretary Support; $20,251,000 is for Executive
Direction; and $48,019,000 is for Administrative Services.
Tribal Sovereignty.--It is understood that the authorizing
committees of jurisdiction are actively working to
expeditiously address issues raised by 25 U.S.C. section 251.
The Bureau is expected to work cooperatively with Tribes and
the relevant committees on such efforts.
CONTRACT SUPPORT COSTS
The bill provides an indefinite appropriation for contract
support costs, consistent with fiscal year 2018 and estimated
to be $247,000,000.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $358,719,000 for Construction. All
programs, projects, and activities are maintained at fiscal
year 2018 levels except for requested fixed cost increases
and transfers, or unless otherwise specified below.
Education Construction.--The bill provides $238,250,000 for
schools and related facilities within the Bureau of Indian
Education system and includes the following: $105,504,000 for
replacement school campus construction; $23,935,000 for
replacement facility construction; $13,576,000 for employee
housing repair; and $95,235,000 for facilities improvement
and repair.
Public Safety and Justice Construction.--The bill provides
$35,310,000 for public safety and justice construction and
includes the following: $18,000,000 for facilities
replacement and new construction program; $4,494,000 for
employee housing; $9,372,000 for facilities improvement and
repair; $170,000 for fire safety coordination; and $3,274,000
for fire protection.
Resources Management Construction.--The bill provides
$71,231,000 for resources management construction programs
and includes the following: $28,695,000 for irrigation
project construction, of which $10,000,000 is for projects
authorized by the WIIN Act; $2,605,000 for engineering and
supervision; $1,016,000 for survey and design; $650,000 for
Federal power compliance; and $38,265,000 for dam safety and
maintenance. The Bureau is directed to report back to the
Committees on Appropriations within 90 days of enactment of
this Act outlining the execution strategy for those funds
provided under section 3211 of the WIIN Act (P.L. 114-322).
Other Program Construction.--The bill provides $13,928,000
for other programs and includes the following: $1,419,000 for
telecommunications, including $300,000 to improve officer
safety by eliminating radio communications dead zones;
$3,919,000 for facilities and quarters; and $8,590,000 for
program management, including $2,634,000 to continue the
project at Fort Peck.
INDIAN LAND AND WATER CLAIMS SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO
INDIANS
The bill provides $50,057,000 for Indian Land and Water
Claims Settlements and Miscellaneous Payments to Indians,
ensuring that Indian Affairs will meet the statutory
deadlines of all authorized settlement agreements to date.
The detailed allocation of funding by settlement is included
in the table at the end of this explanatory statement.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
The bill provides $10,779,000 for the Indian Guaranteed
Loan Program Account to facilitate business investments in
Indian Country.
DEPARTMENTAL OFFICES
OFFICE OF THE SECRETARY
DEPARTMENTAL OPERATIONS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $124,673,000 for Departmental Offices,
Office of the Secretary, Departmental Operations. Programs
are expected to comply with the instructions and requirements
at the beginning of this division and in House Report 115-765
and Senate Report 115-276. The bill maintains the staff and
funding associated with the office of Native Hawaiian
Relations in the office of the Assistant Secretary for
Policy, Management and Budget. The bill provides funding for
the Alyce Spotted Bear and Walter Soboleff Commission on
Native Children.
Department of the Interior Reorganization.--It is noted
that the Department moved forward with the first phase of its
planned reorganization on August 22, 2018, when it
established new regional boundaries for all of its bureaus
except for those which fall under the leadership of the
Assistant Secretary of Indian Affairs. Recognizing that many
of the specific details of the reorganization are still in
development, it is reiterated that the Department must
develop a concrete plan for how it will reshape its essential
functions, taking into account its relationships with the
Tribes, State and local governments, private and nonprofit
partners, the public, and the Department's workforce.
Transparency must be an essential element of the
reorganization process, and the Department is expected to
continue engaging external stakeholders and conducting robust
Tribal consultation as it develops its expected
organizational changes.
The commitment of Departmental leadership, through an
exchange of formal letters, to regularly consult with the
Committees throughout the ongoing reorganization process and
to adhere to the reprogramming guidelines set forth in the
explanatory statement accompanying this Act, which require
the Department to submit certain organizational changes for
Committee review, including workforce restructure, reshaping,
or transfer of functions is appreciated. It is also noted
that the bill includes a total of $14,100,000 in new funding
to implement the reorganization within the budgets of the
Bureau of Land Management, U.S. Fish and Wildlife Service,
National Park Service, U.S. Geological Survey, and Bureau of
Indian Affairs, and the Department is expected to provide a
report on the planned use of these funds to the Committees 30
days prior to obligating these funds.
Payments in Lieu of Taxes (PILT).--The bill includes
funding for PILT for fiscal year 2019 in Section 116 of Title
I General Provisions.
ANSEP.--There is awareness that the Alaska Native Science &
Engineering Program (ANSEP) at the University of Alaska
Anchorage would like to become a ``Designated Partner
Organization'' under the Direct Hire Authority for Resource
Assistant Internship Program, as identified in the
Consolidated Appropriations Act of 2012; PL 112-74; H.R. 2055
Division E Title I Section 121; 16 U.S.C. 1725(a), and the
Department is encouraged to facilitate this partnership.
Volcanic Eruption.--Not later than 120 days after the date
of enactment of this Act, the Secretary shall submit to
Congress a report on all Department facilities damaged by a
volcanic eruption covered by a Presidential Disaster
Declaration made in calendar year 2018. The report shall
include: (1) an inventory of all Department facilities that
were damaged; (2) a full description of facilities closures,
and the estimated impact on visitation to National Park
Service facilities; and (3) a plan to restore or replace
damaged facilities and restore historic visitation levels
which includes associated cost estimates. In preparing the
plan, the Secretary shall engage with the host community,
including State and local governments. The Secretary is also
encouraged to consider collocating damaged U.S. Geological
Survey facilities in a lower risk area as part of the plan.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
The bill provides $100,688,000 for Assistance to
Territories. The detailed allocation of funding is included
in the table at the end of this explanatory statement.
The Department is reminded of the directives contained in
Senate Report 115-276 regarding U.S. Virgin Islands Hurricane
Impacts, American Samoa, compact impact, and civic education
programs for Insular Area students.
COMPACT OF FREE ASSOCIATION
The bill provides $3,413,000 for Compact of Free
Association, $123,774,000 below the fiscal year 2018 enacted
level and $304,000 above the budget request. The Consolidated
Appropriations Act, 2018 (P.L. 115-141) provided $123,824,000
in necessary funds to finalize the 2010 Compact Review
Agreement with Palau and bring it into force. A detailed
table of funding recommendations below the account level is
provided at the end of this explanatory statement.
OFFICE OF THE SOLICITOR
SALARIES AND EXPENSES
The bill provides $65,674,000 for the Office of the
Solicitor. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The bill provides $52,486,000 for the Office of Inspector
General. The detailed allocation of funding is included in
the table at the end of this explanatory statement.
OFFICE OF THE SPECIAL TRUSTEE FOR AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $111,540,000 for the Office of the
Special Trustee for American Indians and includes the
requested transfer to the
[[Page H826]]
Office of Valuation for Appraisal Services. The detailed
allocation of funding by activity is included in the table at
the end of this explanatory statement.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $941,211,000 for Department of
the Interior Wildland Fire Management. Of the funds provided,
$388,135,000 is for suppression operations, which fully funds
wildland fire suppression at the 10-year average, and
$189,000,000 is for fuels management activities. The detailed
allocation of funding by activity is included in the table at
the end of this explanatory statement.
CENTRAL HAZARDOUS MATERIALS FUND
The billl provides $10,010,000 for the Central Hazardous
Materials Fund.
NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
The bill provides $7,767,000 for the Natural Resource
Damage Assessment Fund. The detailed allocation of funding by
activity is included in the table at the end of this
explanatory statement.
WORKING CAPITAL FUND
The bill provides $55,735,000 for the Department of the
Interior, Working Capital Fund. Funds previously appropriated
for the Service First initiative that are available for
obligation as of the date of enactment of this Act should be
utilized for needs identified in the fiscal year 2019 budget
request.
OFFICE OF NATURAL RESOURCES REVENUE
The bill provides $137,505,000 for the Office of Natural
Resources Revenue.
GENERAL PROVISIONS, DEPARTMENT OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions affecting
the Department in Title I of the bill, ``General Provisions,
Department of the Interior.'' The provisions are:
Section 101 provides Secretarial authority for the intra-
bureau transfer of program funds for expenditures in cases of
emergencies when all other emergency funds are exhausted.
Section 102 provides for the Department-wide expenditure or
transfer of funds by the Secretary in the event of actual or
potential emergencies including forest fires, range fires,
earthquakes, floods, volcanic eruptions, storms, oil spills,
grasshopper and Mormon cricket outbreaks, and surface mine
reclamation emergencies.
Section 103 provides for the use of appropriated funds by
the Secretary for contracts, rental cars and aircraft,
telephone expenses, and other certain services.
Section 104 provides for the expenditure or transfer of
funds from the Bureau of Indian Affairs and Bureau of Indian
Education, and the Office of the Special Trustee for American
Indians, for Indian trust management and reform activities.
Section 105 permits the redistribution of Tribal priority
allocation and Tribal base funds to alleviate funding
inequities.
Section 106 authorizes the acquisition of lands for the
purpose of operating and maintaining facilities that support
visitors to Ellis, Governors, and Liberty Islands.
Section 107 continues Outer Continental Shelf inspection
fees to be collected by the Secretary of the Interior.
Section 108 authorizes the Secretary of the Interior to
continue the reorganization of the Bureau of Ocean Energy
Management, Regulation, and Enforcement in conformance with
Committee reprogramming guidelines.
Section 109 provides the Secretary of the Interior with
authority to enter into multi-year cooperative agreements
with non-profit organizations for long-term care of wild
horses and burros.
Section 110 addresses the U.S. Fish and Wildlife Service's
responsibilities for mass marking of salmonid stocks.
Section 111 allows the Bureau of Indian Affairs and Bureau
of Indian Education to more efficiently and effectively
perform reimbursable work.
Section 112 addresses the humane transfer of excess wild
horses and burros.
Section 113 provides for the establishment of a Department
of the Interior Experienced Services Program.
Section 114 extends the authority for the Secretary to
accept public and private contributions for the orderly
development and exploration of Outer Continental Shelf
resources.
Section 115 retitles the Indiana Dunes National Lakeshore
and re-designates the Paul H. Douglas Trail.
Section 116 provides funding for the Payments in Lieu of
Taxes (PILT) program.
Section 117 provides a technical correction.
Section 118 provides for the designation of the Peter B.
Webster III Memorial Area.
Section 119 requires funds to be available for obligation
and expenditure not later than 60 days after the date of
enactment.
Section 120 addresses the issuance of rules for sage-
grouse.
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
The bill provides $8,058,488,000 for the Environmental
Protection Agency (EPA). The bill does not support reductions
proposed in the budget request unless explicitly noted in the
explanatory statement.
Congressional Budget Justification.--The Agency is directed
to continue to include the information requested in House
Report 112-331 and any proposals to change State allocation
formulas that affect the distribution of appropriated funds
in future budget justifications.
Reprogramming and Workforce Reshaping.--The bill does not
include any of the requested funds for workforce reshaping.
Further, it is expected that the Agency will not consolidate
or close any regional offices in fiscal year 2019. The Agency
is held to the reprogramming limitation of $1,000,000 and
should continue to follow the reprogramming directives as
provided in the front of this explanatory statement. It is
noted that such reprogramming directives apply to proposed
reorganizations, workforce restructure, reshaping, transfer
of functions, or downsizing, especially those of significant
national or regional importance, and include closures,
consolidations, and relocations of offices, facilities, and
laboratories.
Further, the Agency may not use any amount of de-obligated
funds to initiate a new program, office, or initiative,
without the prior approval of the Committees. Within 30 days
of enactment of this Act, the Agency is directed to submit to
the House and Senate Committees on Appropriations its annual
operating plan for fiscal year 2019, which shall detail how
the Agency plans to allocate funds at the program project
level.
Other.--It is noted that the current workforce is below the
prior year levels, therefore, the bill includes rescissions
in the Science and Technology and Environmental Programs and
Management accounts that capture expected savings associated
with such changes. The Agency is directed to apply the
rescissions to reflect efficiency savings in a manner that
seeks, to the extent practicable, to be proportional among
program project areas. Amounts provided in this Act are
sufficient to fully fund Agency payroll estimates, and the
Agency's fiscal year 2019 FTE target is expected to be no
less than the fiscal year 2018 levels. It is understood that
the Agency routinely makes funding payroll requirements a top
priority and it is expected that the Agency will continue to
do so as it executes its fiscal year 2019 appropriation and
applies the rescissions.
It is not expected that the Agency will undertake adverse
personnel actions or incentive programs to comply with the
rescissions, nor is it expected that the Agency will
undertake large-scale adverse personnel actions or incentive
programs in fiscal year 2019. As specified in the bill
language, the rescissions shall not apply to the Geographic
Programs, the National Estuary Program, and the National
Priorities funding in the Science and Technology and
Environmental Programs and Management accounts. The Agency is
directed to submit, as part of the operating plan, details on
the application of such rescissions at the program project
level.
SCIENCE AND TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
For Science and Technology programs, the bill provides
$717,723,000 to be partially offset by a $11,250,000
rescission for a net discretionary appropriation of
$706,473,000. The bill transfers $15,496,000 from the
Hazardous Substance Superfund account to this account. The
bill provides the following specific funding levels and
direction:
Indoor Air and Radiation.--The bill provides $5,997,000 and
funding for the radon program is maintained at not less than
the fiscal year 2018 enacted level.
Research: Air and Energy.--The bill provides $94,906,000
for Research: Air and Energy. The Agency is directed to
allocate up to $3,000,000 to continue supporting the
Partnership Research as outlined in the explanatory statement
accompanying Public Law 115-141. This jointly funded, multi-
year government-industry research initiative should be used
to produce credible science of national scope on such
development, including review of existing exposure and health
studies already underway, and future research. The Agency is
encouraged to submit a report updating the Committees on the
implementation of this partnership within 90 days of
enactment of this Act.
Research: Chemical Safety and Sustainability.--The bill
provides $126,930,000 for Research: Chemical Safety and
Sustainability. Following guidance contained in the
explanatory statement accompanying Public Law 115-141 and
House Report 115-765, EPA also is directed to include
advancement of methods to better separately evaluate chemical
hazards and exposures and that take into consideration harm
to potentially exposed and susceptible subpopulations.
Research: National Priorities.--The bill provides
$5,000,000, which shall be used for extramural research
grants, independent of the Science to Achieve Results (STAR)
grant program, to fund high-priority water quality and
availability research by not-for-profit organizations that
often partner with the Agency. The Agency shall continue to
allocate the grants in accordance with the direction provided
in the explanatory statement accompanying Public Law 115-141.
Additional Guidance.--The following additional guidance is
included:
Alternatives Testing.--The Agency is directed to follow the
guidance contained under this heading in House Report 115-765
and to ensure that any future plans identify and address
potential barriers or limitations on the use of alternative
test methods, particularly as they relate to susceptible
populations.
Enhanced Aquifer Use.--The Agency is directed to continue
following the guidance
[[Page H827]]
contained in Senate Report 114-281 in addition to the
guidance contained in House Report 115-765 directing the
Agency to coordinate with other Federal research efforts in
this area.
Harmful Algal Blooms.--It is recognized that there are
increasing challenges many communities face from harmful
algal blooms (HABs) in freshwater and coastal ecosystems. The
Agency is encouraged to fund research grants that help
promote scientific progress towards preventing and
controlling HABs, including research to: (1) determine the
effectiveness of existing nutrient treatment technologies;
(2) evaluate the scale-up of emerging nutrient treatment
technologies and develop new technologies; and (3) develop
best management practices to help both rural and urban
communities control nutrients in their watersheds.
Additionally, $5,000,000 is made available to investigate
health effects from exposure to HABs and cyanobacteria toxins
and to develop methods to monitor, characterize, and predict
blooms for early action.
STAR Grants.--The bill provides funds to continue the
Science to Achieve Results (STAR) program, and the Agency is
directed to distribute grants consistent with fiscal year
2018.
ENVIRONMENTAL PROGRAMS AND MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
For Environmental Programs and Management, the bill
provides $2,658,200,000 to be partially offset by a
$60,201,000 rescission for a net discretionary appropriation
of $2,597,999,000. The bill provides the following specific
funding levels and direction:
Clean Air.--The bill provides $273,108,000 for Clean Air.
There is continued support for the EnergySTAR program for
both appliances and buildings at the fiscal year 2018 enacted
level and the proposed shift to fee-based funding, is not
recommended. There is concern that litigation over non-
compliance of voluntary EnergySTAR efficiency standards,
which can be the result of a standard that has changed, may
lead some participants to avoid participating in the program.
There is Committees also awareness of the need for products
carrying the EnergySTAR label to achieve the required
efficiency levels to best benefit consumers. The Agency is
directed to evaluate how the Agency may balance these
interests to ensure that the EnergySTAR program is both fair
to voluntary participants and reliable for consumers and to
report back to the Committees within 180 days of the
enactment of this Act. The bill also funds both program areas
related to stratospheric ozone at not less than the fiscal
year 2018 enacted level.
Environmental Protection: National Priorities.--The bill
provides $15,000,000 for a competitive grant program for
qualified non-profit organizations, excluding institutions of
higher education, to provide technical assistance for
improved water quality or safe drinking water and adequate
waste water to small systems or individual private well
owners. The Agency shall provide $12,300,000 for Grassroots
Rural and Small Community Water Systems Assistance Act, for
activities specified under section 1442(e) of the Safe
Drinking Water Act (42 U.S.C. 300j-1(e)(8)). The Agency also
is directed to provide $1,700,000 for grants to qualified
not-for-profit organizations for technical assistance for
individual private well owners, with priority given to
organizations that currently provide technical and
educational assistance to individual private well owners. The
Agency is directed to provide, on a national and multi-State
regional basis, $1,000,000 for grants to qualified
organizations for the sole purpose of providing on-site
training and technical assistance for wastewater systems. The
Agency shall require each grantee to provide a minimum 10
percent match, including in-kind contributions. The Agency is
directed to allocate funds to grantees within 180 days of
enactment of this Act.
Concern remains that the Agency made a decision to put out
a multi-year Request for Applications for fiscal year 2017
and 2018 without the expressed approval of the Committees.
The Agency is directed to obtain approval from the Committees
for any similar activity in the future.
Geographic Programs.--The bill provides $456,958,000, as
described in the table at the end of this division, and
includes the following direction:
Great Lakes Restoration Initiative.--The bill provides
$300,000,000. The Agency shall continue to follow the
direction as provided in House Report 112-589 and in Senate
Report 115-276 related to the Great Lakes Restoration
Initiative.
Chesapeake Bay.--The bill provides $73,000,000 for the
Chesapeake Bay program. From within the amount provided,
$6,000,000 is for nutrient and sediment removal grants and
$6,000,000 is for small watershed grants to control polluted
runoff from urban, suburban, and agricultural lands.
Gulf of Mexico.--The bill provides $14,542,000 for the Gulf
of Mexico Geographic Program where hypoxia is a growing cause
for concern. The Agency is directed to coordinate with the
U.S. Department of Agriculture, the Gulf States, and State,
local, and private partners to leverage additional resources
for conservation projects on working lands within the Gulf
Region and Mississippi River Basin. The Agency is directed to
distribute funds in the same manner as fiscal year 2018.
Lake Champlain.--The bill provides $11,000,000 for the Lake
Champlain program. From within the amount provided,
$4,399,000 shall be allocated in the same manner as fiscal
year 2017. Funds appropriated above $4,399,000 shall be for
otherwise unmet needs necessary to implement the EPA's 2016
Phosphorus Total Maximum Daily Load Plan for Lake Champlain
for projects and work identified in the State implementation
plan.
Puget Sound.--The bill provides $28,000,000. The Agency
shall follow the direction under this heading in House Report
115-765.
Northwest Forest Program.--The bill maintains funding to
support the Northwest Forest program at not less than the
fiscal year 2018 funding level.
South Florida Program.--The bill provides $3,204,000 for
the South Florida program, an increase of $1,500,000 above
the enacted level. Within the increase, the bill provides
$500,000 to monitor coral health in South Florida; $500,000
to enhance water quality and seagrass monitoring in the
Caloosahatchee Estuary and Indian River Lagoon, especially
with respect to assessing the impact of Lake Okeechobee
discharges; and $500,000 to enhance water quality and
seagrass monitoring in Florida Bay and Biscayne Bay,
especially with respect to assessing the impact of Everglades
Restoration projects.
Columbia River Basin Restoration Program.--The bill
provides $1,000,000 for the purpose of commencing
implementation of the Columbia River Basin Restoration
Program, which was authorized in Public Law 114-322.
Indoor Air and Radiation.--The bill maintains funding for
the radon program at the fiscal year 2018 enacted level.
Funds have been included for the Radiation Protection and
Reduce Risks from Indoor Air programs.
Information Exchange/Outreach.--The bill includes funding
for Tribal capacity building equal to the fiscal year 2018
enacted level. The Agency is directed to use environmental
education funds for the smart skin care program, similar to
prior years. The bill also provides for the Small Minority
Business Assistance program to be continued.
International Programs.--The bill provides $15,400,000 for
International Programs, which includes funds for the U.S.-
Mexico Border program at the fiscal year 2018 enacted level.
Resource Conservation and Recovery Act.--The bill provides
$112,377,000, an increase of $3,000,000 above the fiscal year
2018 enacted level. Of the funds provided under this section,
not less than $8,000,0000 should be allocated for the purpose
of developing and implementing a Federal permit program for
the regulation of coal combustion residuals in
nonparticipating States, as authorized under section
4005(d)(2)(B) of the Solid Waste Disposal Act (42 U.S.C.
6945(d)(2)(B)).
Additionally, the bill continues the Waste Minimization and
Recycling program and have provided $1,000,000 to help public
entities demonstrate community anaerobic digester
applications to municipal solid waste streams and farm needs,
such as capturing excess phosphorus.
Toxics Risk Review and Prevention.--The bill provides
$92,521,000 for toxics risk review and prevention activities
and maintains funding for the Pollution Prevention program
and the Lead Risk Reduction program.
Water: Ecosystems.--The bill provides $47,788,000. Within
the amount provided, $26,723,000 has been provided for
National Estuary Program (NEP) grants as authorized by
section 320 of the Clean Water Act. This amount is sufficient
to provide each of the 28 national estuaries in the
program with a grant of at least $600,000.
Further, in the Administrative Provisions section, the bill
directs that $1,000,000 in competitive grants be made
available for additional projects and encourage the Agency to
work in consultation with the NEP directors to identify
worthy projects and activities. In particular, the Agency is
encouraged to utilize a portion of these funds to address
harmful algal blooms along the Gulf Coast of Florida.
Water Quality Protection.--The bill provides $210,917,000
for Water Quality Protection and maintains funding for the
WaterSENSE program and the Urban Waters program at the fiscal
year 2018 enacted level. In addition, an increase of $500,000
is provided for the Agency to carry out the Clean Watershed
Needs Survey. The Agency is expected to request annual
funding for the Clean Watershed Needs Survey and the Drinking
Water Infrastructure Needs Survey, alternating fiscal years
as appropriate.
Additional Guidance.--The following additional guidance is
included:
Chesapeake Bay.--The Agency is encouraged to maintain a
cooperative relationship with relevant States to ensure best
practices are used to promote the continued health and
preservation of the Chesapeake Bay Watershed.
Community Affordability Study.--There is concern about the
Environmental Protection Agency's continued emphasis on the
metric of 2 percent of median house income for determining
community affordability and encourage the Agency to continue
ongoing efforts to publish a new affordability methodology
for use in updating all relevant EPA guidance.
Diesel Generators in Remote Alaska Villages.--The Agency is
directed to continue following the guidance contained in the
explanatory statement accompanying Public Law 115-141.
Exempt Aquifers.--For fiscal year 2019, it is anticipated
that the Agency will continue to receive exempt aquifer
applications from the
[[Page H828]]
State of California for processing and approval. Support
continues for protecting underground sources of drinking
water and promoting robust economic development. Accordingly,
the Agency is urged to work expeditiously to process exempt
aquifer applications and use the existing regulatory
framework to process these applications as provided in House
Report 114-170 and House Report 114-632.
Fish Grinding.--The Agency is directed to continue
following the guidance contained in the explanatory statement
accompanying Public Law 115-141.
Great Lakes Advisory Board.--The Agency is encouraged to
reestablish the Great Lakes Advisory Board without
significantly restructuring the member composition or
objectives of the Great Lakes Advisory Board, as described in
the Great Lakes Advisory Board charter dated June 13, 2016.
If the Advisory Board is not reestablished within 60 days of
enactment this Act, the Agency shall provide the House and
Senate Interior Appropriations Subcommittees with a report
that explains the reason for the delay and a timeline for
reestablishing the Advisory Board.
IG Recommendations on Flint Water Crisis.--The Agency is
directed to implement the recommendations described in the
report of the Office of Inspector General of the
Environmental Protection Agency entitled ``Management
Weakness Delayed Response to Flint Water Crisis'', numbered
18-P-0221, and dated July 19, 2018, to ensure clean and safe
water compliance under the Safe Drinking Water Act (42 U.S.C.
300f et seq.). If the Agency does not implement one or more
of such recommendations, it is required to submit to the
Committees on Appropriations and Environment and Public Works
of the Senate and the Committees on Appropriations and Energy
and Commerce of the House of Representatives a report
explaining why the Agency did not implement the
recommendation, as well as identifying specific actions the
Agency is implementing to address the concerns raised in the
report.
Lead and Other Hazardous Materials.--The Agency is directed
to follow directives included in Senate Report 115-276
regarding standards for the identification of lead hazards.
In addition, within 180 days after enactment, the Comptroller
General of the United States shall issue a report on efforts
by the Department of Housing and Urban Development (HUD) and
EPA relating to the removal of lead-based paint and other
hazardous materials. The report must include: (1) a
description of direct removal efforts by HUD and EPA; (2) a
description of education provided by HUD and EPA to other
Federal agencies, local governments, communities, recipients
of grants made by either entity, and the general public
relating to the removal of lead-based paint and other
hazardous materials; (3) a description of assistance received
from other Federal agencies relating to the removal of lead-
based paint and other hazardous materials; and (4) any best
practices developed or provided by HUD and EPA relating to
the removal of lead-based paint and other hazardous
materials.
Pesticide Registration Improvement Act.--The Agency is
directed to follow the guidance contained under this heading
in Senate Report 115-276.
PFOA/PFAS.--There is awareness that the Agency has
announced plans to take the next step under the Safe Drinking
Water Act process to evaluate the need for a maximum
contaminant level for per- and polyfluoroalkyl substances.
This action is supported and the Agency is urged to act
expeditiously on this matter. The Agency is directed to brief
the Committees within 60 days of enactment of this Act about
its plans for this action.
Regulation of Groundwater.--The Agency is directed to
continue following the guidance contained in the explanatory
statement accompanying Public Law 115-141. It is reiterated
that, since enactment in 1972, the Clean Water Act (CWA) has
regulated effects to navigable waters, while regulation of
groundwater has remained outside of the Act's jurisdiction.
Instead, legislative history surrounding the CWA indicates
that Congress intended for groundwater pollution to be
regulated through the CWA's nonpoint source program and other
Federal and State laws.
Small Refinery Relief.--The directive contained in Senate
Report 114-281 related to small refinery relief is continued.
The Agency is reminded that, regardless of the Department of
Energy's recommendation, additional relief may be granted if
the Agency believes it is warranted.
Toxic Substances Control Act (TSCA) Modernization.--The
bill includes language that will enable EPA to collect and
spend new fees to conduct additional chemical reviews,
consistent with TSCA modernization legislation. Those fees
are expected to be $27,000,000 per year once the program is
fully implemented. The Congressional Budget Office estimates
that in fiscal year 2019 fee collections will begin several
months after the beginning of the fiscal year and will total
$5,000,000.
Transparency of Public Calendars.--It is appreciated that
the EPA has recently taken steps to improve transparency of
the daily calendars of the Agency's senior leaders. The
Agency is directed to continue to take all necessary steps to
comply with Senate Report 115-276 as it relates to the
transparency of public calendars.
Vehicle Idling Training.--It is noted that diesel vehicle
operators and businesses in the private sector have reduced
their vehicle fleet costs and improved air quality by
participating in programs that offer certifications for idle
reduction and fuel efficient driving programs. The Agency is
directed to conduct a cross-agency analysis to determine
which branches of government could achieve savings and
improve air quality by engaging in external programs,
including university extension programs that offer this
training.
Water Quality Certification.--The Administrator is
encouraged to finalize guidance on the implementation of
Clean Water Act Section 401 (33 U.S.C. 1341).
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
The bill provides $8,000,000, which is expected to be fully
offset by fees for a net appropriation of $0.
OFFICE OF INSPECTOR GENERAL
The bill provides $41,489,000 for the Office of Inspector
General.
BUILDINGS AND FACILITIES
The bill provides $34,467,000 for Buildings and Facilities.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $1,091,947,000 for the Hazardous
Substance Superfund account and includes bill language to
transfer $8,778,000 to the Office of Inspector General
account and $15,496,000 to the Science and Technology
account. When combined with an additional $60,000,000 for the
Superfund Remedial program and an additional $8,000,000 for
the Superfund Emergency Response and Removal program in a
general provision in Title IV, the bill provides a total of
$1,159,947,000 for the Hazardous Substance Superfund. The
bill provides the following additional direction:
Enforcement.--The bill provides $166,375,000 for Superfund
enforcement, equal to the fiscal year 2018 enacted level. The
Agency is directed to continue financial support for the
Department of Justice (DOJ) in fiscal year 2019 at a level
that will ensure DOJ can continue to initiate and prosecute
civil, judicial, and administrative site remediation cases
and ensure that responsible parties perform cleanup actions
at sites where they are liable.
Superfund Cleanup.--The bill provides $721,740,000, which
is equal to the fiscal year 2018 enacted level. When combined
with an additional $68,000,000 in funds for the Remedial
Program and Emergency Response and Removal activities,
included in a Title IV general provision, the bill provides a
total of $789,740,000 for Superfund cleanup.
The Agency is also directed, within 180 days of enactment
of this Act, to submit a report on the status of each time-
critical removal action for which Federal funds greater than
$1,000,000 have been expended since January 1, 2017, along
with information on the Federal cost of clean-up efforts,
whether responsible parties have faced criminal charges, and
the amount of recovered Federal dollars.
Sediment Guidance.--The Agency is directed to follow the
guidance contained under this heading in Senate Report 115-
276.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
The bill provides $91,941,000 for the Leaking Underground
Storage Tank Trust Fund Program.
INLAND OIL SPILL PROGRAMS
The bill provides $18,209,000 for Inland Oil Spill
Programs.
STATE AND TRIBAL ASSISTANCE GRANTS
The bill provides $3,605,041,000 for the State and Tribal
Assistance Grants program and includes the following specific
funding levels and direction:
Infrastructure Assistance.--The bill provides
$2,528,000,000 in base funds for infrastructure assistance.
When combined with an additional $665,000,000 included in a
Title IV general provision, the bill provides a total of
$3,193,000,000 for infrastructure assistance. The amount
provided increases funding for the State Revolving Loan Funds
$880,000 above the fiscal year 2018 enacted level. The bill
includes a total of $1,694,000,000 for the Clean Water State
Revolving Loan Fund and $1,164,000,000 for the Drinking Water
State Revolving Loan Fund.
Assistance to Small and Disadvantaged Communities.--Within
a Title IV general provision, the bill provides $25,000,000
to continue a grant program to help small and disadvantaged
communities develop and maintain adequate water
infrastructure. The program was created in section 2104 of
Public Law 114 322. The Agency is directed to brief the
Committees prior to publishing its request for applications
for this new grant program.
Reducing Lead in Drinking Water.--Within a Title IV general
provision, the bill provides $15,000,000 to continue a grant
program, created in section 2105 of Public Law 114-322, to
provide assistance to eligible entities for lead reduction
projects. The Agency is directed to brief the Committees
prior to publishing its request for applications related to
this new grant program.
Lead Testing.--Within a Title IV general provision, the
bill provides $25,000,000 to continue a grant program for
voluntary testing of drinking water for lead contaminants at
schools and child care facilities, as authorized in section
2107 of Public Law 114-322. The Agency is directed to brief
the Committees prior to publishing its request for
applications related to this new grant program.
[[Page H829]]
Brownfields Program.--The bill provides $87,000,000 for
Brownfields grants and directs that at least 10 percent of
such grants be provided to areas in which at least 20 percent
of the population has lived under the poverty level over the
past 30 years as determined by censuses and the most recent
Small Area Income and Poverty Estimates.
Use of Iron and Steel.--The bill includes language in Title
IV General Provisions that stipulates requirements for the
use of iron and steel in State Revolving Fund projects. The
bill includes only the following guidance. It is acknowledged
that EPA may issue a waiver of said requirements for de
minimis amounts of iron and steel building materials. It is
emphasized that any coating processes that are applied to the
external surface of iron and steel components that otherwise
qualify under the procurement preference shall not render
such products ineligible for the procurement preference
regardless of where the coating processes occur, provided
that final assembly of the products occurs in the United
States.
Diesel Emission Reductions Grants (DERA).--The bill
provides $87,000,000 for DERA grants. For fiscal year 2019,
the Agency is directed to continue to make at least 70
percent of DERA grants available to improve air quality in
non-attainment areas.
Targeted Airshed Grants.--The bill provides $52,000,000 for
Targeted Airshed Grants. These grants shall be distributed on
a competitive basis to non-attainment areas that EPA
determines are ranked as the top five most polluted areas
relative to annual ozone or particulate matter 2.5 standards,
as well as the top five areas based on the 24-hour
particulate matter 2.5 standard where the design values
exceed the 35 mg/m3 standard. To determine these areas, the
Agency shall use the most recent design values calculated
from validated air quality data. It is noted that these funds
are available for emission reduction activities deemed
necessary for compliance with national ambient air quality
standards and included in a State Implementation Plan
submitted to EPA. Not later than the end of fiscal year 2019,
EPA should provide a report to the Committees that includes a
table showing how fiscal year 2017 and 2018 funds were
allocated. The table also should include grant recipients and
metrics for anticipated or actual results.
Animas River Spill.--EPA is directed to follow directives
included in Senate Report 115-276 related to the Animas River
and the Gold King Mine spill. In addition, the bill provides
$4,000,000 for fiscal year 2019 for long-term water quality
monitoring of the Animas River.
Categorical Grants.--The bill provides $1,077,041,000 for
Categorical Grants. Funding levels are specified in the table
at the end of this division. Within this amount, the Beaches
Protection program and Radon program are both maintained at
the fiscal year 2018 enacted levels. The Agency shall
continue to allocate radon grants in fiscal year 2019
following the direction in House Report 114-632.
Categorical Grant: State and Local Air Quality
Management.--The bill provides $228,219,000. The Agency is
directed to allocate funding follow the guidance contained in
Senate Report 115-276.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM ACCOUNT
The bill provides a total of $68,000,000 for the Water
Infrastructure Finance and Innovation Act (WIFIA) program.
Within base funding in Title II, the bill provides
$10,000,000 for the WIFIA program, and a Title IV general
provision provides an additional $58,000,000 for the program.
By utilizing $5,000,000 in base funds and $3,000,000 in Title
IV funds, the Agency may use up to a total of $8,000,000 to
assist with the administrative expenses for the program. The
remaining $60,000,000 in WIFIA funds is provided to subsidize
direct loans, which may translate into a potential loan
capacity greater than $7,000,000,000 for eligible entities
for water infrastructure projects.
The Agency is encouraged to prioritize applications for
WIFIA financing for projects that address lead and emerging
contaminants, including PFOA and PFAS.
ADMINISTRATIVE PROVISIONS--ENVIRONMENTAL PROTECTION AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
The bill continues several administrative provisions from
previous years.
Rescission.--The bill rescinds $139,078,000 in unobligated
balances from the State and Tribal Assistance Grants account.
The Agency shall calculate the requisite percent reduction
necessary to rescind such amounts from new obligational
authority provided to this account, both from the direct
appropriation and from amounts provided in a general
provision in Title IV, and apply it across program project
areas by formula. The Agency is directed to submit, as part
of the operating plan, detail on the application of such
rescissions by program project area.
TITLE III--RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND ENVIRONMENT
The bill provides $875,000 for the Office of the Under
Secretary for Natural Resources and Environment.
Forest Service Accounting, Budgeting, and Management.--The
Service's efforts to improve its accounting, budgeting, and
management practices are appreciated and ongoing work with
the Service, Office of Budget and Program Analysis, Under
Secretary for Natural Resources and Environment, and
Secretary of Agriculture to continue these improvements is
expected. There is particular interest in the Service's plan
to transition away from Cost Pools and remind the Service
that a plan is required within 180 days of enactment of P.L.
115-141.
Forest Service Directives.--The Forest Service is reminded
of the importance of the directives included in the
explanatory statement to accompany P.L. 115-141, House Report
115-765, and Senate Report 115-276 that are not specifically
addressed herein, as well as the new directives in this
statement, including the front matter.
Wildland Fire Management.--The Consolidated Appropriations
Act, 2018 (P.L. 115-141) provided a budget cap adjustment for
wildfire suppression costs and included forest management
reforms. The Service and the Secretary of Agriculture are
reminded of the multi-year effort to achieve these budget and
legislative changes and expect that all authorities will be
appropriately used to improve the condition of the Nation's
forests, as well as the ability of the Service to proactively
manage and sustain them for future generations. The Service
is also reminded of expectations for more accurate accounting
for wildfire suppression costs, especially in light of the
availability of the cap adjustment in fiscal year 2020. There
is hope that the Secretary's Shared Stewardship initiative
will result in better forest management, healthier forests,
and an increase in the number of fire-adapted communities.
Report on Partnerships.--Within 180 days of enactment of
this Act, a detailed report on the funding the Service has
provided to the National Forest Foundation and National Fish
and Wildlife Foundation for each of the past 10 fiscal years
is requested. The report also should include information on
the specific projects and activities, other partners
involved, and the Foundations' administrative operations that
were supported by these funds.
Conservation Finance.--The Service is encouraged to
continue conservation finance efforts to leverage non-Federal
investments in outcome-focused projects, promote
collaboration with public and private sector partners, and
utilize new tools to accelerate the pace and scale forest
management activities.
Reprogramming.--The Service is reminded to follow the
letter and spirit of the reprogramming requirements in this
explanatory statement and direct the Service to submit
requests through the Office of Budget and Program Analysis.
FOREST AND RANGELAND RESEARCH
The bill provides $300,000,000 for Forest and Rangeland
Research. This includes $223,000,000 for base research
activities and $77,000,000 for Forest Inventory and Analysis.
The Service is directed to provide $3,000,000 to the Joint
Fire Science Program for fiscal year 2019.
The interest of Members of Congress, States, forestry and
research associations, industry, and researchers in the
Service's various research programs, projects, and activities
is noted. It is believed that Congress should broadly define
the highest priority research goals, and that the Service
should formulate the specific programs, projects, and
activities to achieve them. The Service is expected to
complete the review and restructuring of the research
program, as directed by House Report 115-765 and Senate
Report 115-276, prior to the end of the second quarter of
fiscal year 2019. There is interest in reviewing the
Service's plan for strengthening its research program and
note that they will adjust the directions regarding forestry
research as needed in the future.
The Service is directed to prioritize data collection and
analysis on U.S. forests; research to support land affected
by wildland fire; post-fire analysis; research to support the
National Forest System; and research related to forest
products for fiscal year 2019.
The Service is directed to provide information to the
Committees regarding the mission of the Southern Research
Station Pineville Research Facility and the viability of
continued wood utilization research at that site within 60
days of enactment of this Act.
The Service is directed to provide a report regarding its
current and planned research on issues and risks related to
firefighter health and safety in wildlands and wildland urban
interface within 90 days of enactment of this Act. The report
should include detailed budget information and identify gaps
in knowledge and potential remedies to address them.
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)
The bill provides $335,487,000 for State and Private
Forestry.
Cooperative Forestry Activities.--The Service is directed
to continue focus on spruce beetle, Emerald Ash Borer, and
bark beetle infestations, which affect forests throughout the
Nation.
The Service is expected to follow the Senate direction on
wood energy technical assistance, herein.
Forest Legacy.--The bill provides $63,990,000 for the
Forest Legacy program. This includes $6,400,000 for program
administration and $57,590,000 for projects. The Service
should fund projects in priority order according to the
updated, competitively selected national priority list
submitted to the Committees and the directive contained in
Division G of
[[Page H830]]
the explanatory statement accompanying Public Law 115-141,
the Consolidated Appropriations Act, 2018. The bill includes
a rescission of $1,503,000 in Forest Legacy funds. This
funding rescission is from cost savings of some projects and
funds returned from failed or partially failed projects.
There is concern with the Service's ability to provide
timely information on project status and available balances
and expect the Service to be able to provide this information
expeditiously moving forward. Ensuring project recordkeeping
is accurate must be a top priority in fiscal year 2019.
NATIONAL FOREST SYSTEM
The bill provides $1,938,000,000 for the National Forest
System.
Hazardous Fuels.--The bill provides $435,000,000 for
hazardous fuels management activities within the National
Forest System account. Included in this amount is $3,000,000
for the Southwest Ecological Restoration Institutes.
Ouachita National Forest.--The Service is directed to
conduct an inventory and evaluation of land generally
depicted on the map entitled ``Flatside Wilderness Adjacent
Inventory Area'', dated November 30, 2017, to determine the
suitability of that land for inclusion in the National
Wilderness Preservation System.
Gifford Pinchot National Forest.--In lieu of the directive
in House Report 115-765, the Service and all interested
parties are encouraged to work together regarding the use of
all-terrain vehicles in the forest.
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $446,000,000 for Capital Improvement and
Maintenance programs.
Legacy Roads and Trails.--While these projects are to be
addressed as they rank in priority along with other
infrastructure needs, the Service is directed to continue to
track Legacy Roads and Trails accomplishments, including
miles of roads and trails improved, miles of streams
restored, number of bridges and culverts constructed, and
miles of road decommissioned.
Requested Reports.--A report is requested regarding options
to improve parking and access to the Cleveland National
Forest within 180 days of enactment of this Act. The Service
should consult with the State of California, communities
surrounding the forest, and private partners for their input
and recommendations. Also requested, is a report on its
efforts to address road construction and maintenance issues
in the Uwharrie National Forest within 30 days of enactment
of this Act.
Comprehensive Capital Improvement Plan.--The Service is
reminded of the directive included in the explanatory
statement accompanying P.L. 115-141 that required the
development of a long-term, multi-year plan to guide needed
investments in buildings, facilities, transportation systems,
and other infrastructure by December 30, 2018. There is
interest in reviewing the plan and it is expected that the
Service will utilize the plan in formulating future budget
requests. The annual budget justification documents should
detail the amounts requested for new construction,
maintenance, decommissioning, and other activities for the
Facilities, Roads and Trails programs.
LAND ACQUISITION
The bill provides $72,564,000 for Land Acquisition. The
amounts provided by this bill for projects are shown in the
table below, listed in priority order pursuant to the project
list received for fiscal year 2019. The bill supports the
continuation of Forest Service and nonprofit partner efforts
to resolve Superior National Forest school trust land
management using the private forestland alternative. Further
instructions are contained under the Land and Water
Conservation Fund heading in the front of this explanatory
statement.
----------------------------------------------------------------------------------------------------------------
State Project Forest Unit This Bill
----------------------------------------------------------------------------------------------------------------
MT....................................... Beavertail to Bearmouth.... Lolo....................... $3,800,000
CA....................................... Sierra Nevada Checkerboard. Tahoe/El Dorado............ 2,500,000
OR....................................... Wasson Creek............... Siuslaw.................... 3,422,000
MN....................................... MN School Trust Lands...... Superior................... 5,000,000
OH....................................... Appalachian Foothills...... Wayne...................... 1,800,000
CA....................................... Trinity Divide-Pacific Shasta-Trinity............. 3,200,000
Crest NST.
AK....................................... Cube Cove.................. Tongass.................... 5,200,000
WA....................................... Washington Cascades/Yakima Okanogan-Wenatchee......... 4,000,000
River.
MT....................................... Swan Range................. Lolo....................... 4,000,000
VT....................................... Rolston Rest............... Green...................... 2,700,000
SD....................................... Spring Creek............... Black Hills................ 1,410,000
CO....................................... Union Creek................ Grand Mesa/Uncompahgre/ 2,000,000
Gunnison.
AZ....................................... Verde River String of Coconino/Prescott.......... 3,430,000
Pearls.
NC....................................... North Carolina Threatened Nanatahala/Pisgah/Uwharrie. 750,000
Treasures.
TN....................................... Tennessee Mountain Trails Cherokee................... 850,000
and Waters.
MT....................................... Clearwater-Blackfoot Lolo....................... 5,000,000
Project.
VA/WV.................................... George Washington and George Washington and 1,000,000
Jefferson NF. Jefferson.
CA....................................... Sanhedrin.................. Mendocino.................. 3,900,000
SC....................................... Promise of the Piedmont.... Sumter..................... 2,000,000
AL....................................... Alabama's Wild Wonders..... National Forests of Alabama 2,000,000
------------
Subtotal, FS Land ........................... 57,962,000
Acquisitions.
Budget Request............. This Bill
Acquisition Management..... 0.......................... 7,352,000
Recreational Access........ 0.......................... 5,000,000
Critical Inholdings/ 0.......................... 2,000,000
Wilderness.
Cash Equalization.......... 0.......................... 250
Rescission of Funds........ -17,000,000................ 0
------------
Total, FS Land Acquisition....... ........................... -17,000,000................ 72,564,000
----------------------------------------------------------------------------------------------------------------
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
The bill provides $700,000 for the Acquisition of Lands for
National Forests Special Acts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
The bill provides $150,000 for the Acquisition of Lands to
Complete Land Exchanges.
RANGE BETTERMENT FUND
The bill provides $1,700,000 for the Range Betterment Fund.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH
The bill provides $45,000 for Gifts, Donations and Bequests
for Forest and Rangeland Research.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
The bill provides $2,500,000 for the Management of National
Forest Lands for Subsistence Uses.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
The bill provides a total of $3,004,986,000 for Forest
Service Wildland Fire Management. Of the funds provided,
$1,665,366,000 is for suppression operations, which includes
an additional $500,000,000 above the 10-year average.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
The bill provides a total of $5,804,223,000 for the Indian
Health Service (IHS), of which $4,103,190,000 is for the
Services account as detailed below. All programs, projects,
and activities are maintained at fiscal year 2018 enacted
levels unless otherwise specified below. The Service is
expected to comply with the instructions and requirements at
the beginning of this division and in House Report 115-765
and Senate Report 115-276, unless otherwise specified below.
Additional details, instructions, and requirements follow
below and in the table at the end of this division.
Staffing for New Facilities.--The bill includes
$103,931,000 for staffing newly opened health facilities,
which is the full amount based upon updated estimates
provided to the Committees. Funds for the staffing of new
facilities are limited to facilities funded through the
Health Care Facilities Construction Priority System or the
Joint Venture Construction Program that have opened in fiscal
year 2018 or will open in fiscal year 2019. None of these
funds may be allocated to a facility until such facility has
achieved beneficial occupancy status.
Hospitals and Health Clinics.--The bill provides
$2,147,343,000 for hospitals and health clinics, and includes
$36,000,000 for operations and maintenance of village built
and tribally leased clinics, and $4,000,000 for domestic
violence prevention. There is awareness of ongoing litigation
between the Cherokee Nation and the United Keetoowah Band of
Cherokee Indians. The bill is neutral on this matter and
provides the requested $1,969,000 for new Tribes. The agency
is expected to consult with both parties before disbursing
funds.
Dental Health.--The bill provides $204,672,000 for dental
health and includes the requested transfer of $800,000 from
direct operations. The Service is directed to backfill vacant
dental health positions in headquarters.
Mental Health.--The bill provides $105,281,000 for mental
health programs and includes $6,946,000 to continue
behavioral health integration and $3,600,000 to continue the
suicide prevention initiative.
Alcohol and Substance Abuse.--The bill provides
$245,566,000 for alcohol and substance abuse programs and
includes: $6,500,000 for the Generation Indigenous
initiative;
[[Page H831]]
$1,800,000 for the youth pilot project; and $2,000,000 to
fund essential detoxification and related services provided
by the Service's public and private partners to IHS
beneficiaries. The Service is expected to continue its
partnership with the Na' Nizhoozhi Center in Gallup, New
Mexico, as directed by the Consolidated Appropriations Act,
2017, and to distribute funds provided for detoxification
services in the same manner as in fiscal year 2017. It is
believed that Service and Tribally operated facility
participation in state prescription drug monitoring programs
can help to combat the abuse of drugs like opioids and direct
the agency to provide the report required by Senate Report
115-276 on this issue.
Opioid Grants.--To better combat the opioid epidemic, the
bill includes an increase of $10,000,000 and instruct the
Service, in coordination with the Assistant Secretary for
Mental Health and Substance Use, to use the additional funds
provided above the fiscal year 2018 level to create a Special
Behavioral Health Pilot Program modeled after the Special
Diabetes Program for Indians. This Special Behavioral Health
Pilot Program for Indians shall be developed after
appropriate Tribal consultation and should support the
development, documentation, and sharing of more locally-
designed and culturally appropriate prevention, treatment,
and aftercare services for mental health and substance use
disorders in Tribal and urban Indian communities. The
Director of the Indian Health Service, in coordination with
the Assistant Secretary for Mental Health and Substance Use,
shall award grants for providing services, and provide
technical assistance to grantees under this section to
collect and evaluate performance of the program.
Purchased/Referred Care.--It is recognized that there is a
strong need for Purchased/Referred Care funding across Indian
Country, particularly in areas that lack Indian Health
Service facilities. The Service's continued pro rata
allocation of any increases provided for population growth
and inflation, regardless of any population growth or cost-
of-living differences among areas, as documented by the
Government Accountability Office (GAO-12-466) is further
recognized. Consistent with GAO recommendations, the Service
is encouraged to consider allocating any future budget
increases using the allocation formula established in
consultation with the Tribes.
Urban Indian Health.--The bill provides $51,315,000 for
urban Indian health and includes a $2,000,000 general program
increase. The Service is expected to continue to include
current services estimates for urban Indian health in future
budget requests.
Indian Health Professions.--The bill provides $57,363,000
for Indian health professions and includes bill language
allowing up to $44,000,000 for the loan repayment program.
The bill provides an increase of $195,000 to expand the
Indians into Medicine program to four sites. Funding for the
Quentin N. Burdick American Indians into Nursing Program and
the American Indians into Psychology Program is continued at
no less than the fiscal year 2018 enacted levels.
Maternal and Child Health.--The hiring of a national
maternal/child health coordinator as a top priority for the
Office of Clinical and Preventive Services and await the
report required in House Report 115-765 is supported.
CONTRACT SUPPORT COSTS
The bill continues language from fiscal year 2018
establishing an indefinite appropriation for contract support
costs estimated to be $822,227,000, which is equal to the
request. By retaining an indefinite appropriation for this
account, additional funds may be provided by the agency if
its budget estimate proves to be lower than necessary to meet
the legal obligation to pay the full amount due to Tribes. It
is believed that fully funding these costs will ensure Tribes
have the necessary resources they need to deliver program
services efficiently and effectively.
INDIAN HEALTH FACILITIES
The bill provides $878,806,000 for Indian Health
Facilities. All programs, projects, and activities are
maintained at fiscal year 2018 enacted levels unless
otherwise specified below.
Staffing for New Facilities.--The bill includes $11,302,000
for staffing newly opened health facilities, which is the
full amount based upon updated estimates provided to the
Committees. The stipulations included in the ``Indian Health
Services'' account regarding the allocation of funds pertain
to this account as well.
Health Care Facilities.--There is continued dedication to
providing access to health care for IHS patients across the
system. IHS is expected to aggressively work down the current
Health Facilities Construction Priority System list. In
addition, within 180 days of enactment of this Act, the
Service is directed to publish the gap analysis directed by
House Report 115-238 so that the Committees can more
accurately determine facilities needs across the IHS system.
Indian Health Care Improvement Act Demonstration
Authorities.--The Service is directed to provide a report
within 180 days of enactment of this Act identifying the
criteria the agency will use for ranking projects funded
through demonstration authorities provided in the most recent
reauthorization of the Indian Health Care Improvement Act
should funds become available in future fiscal years. The
Service is encouraged to consider as one factor the location
of existing or proposed facilities and the distance that
patients must travel to receive the same or similar services.
Health Facilities Requirements in Alaska.--The Service is
directed to work with appropriate Tribal organizations and
submit a report to the Committees within 180 days of this Act
that includes an assessment of updated facilities needs in
the State of Alaska as well as recommendations for
alternative financing options which could address the need
for additional health care facilities space suitable to meet
the current and future health care needs of IHS beneficiaries
in the State.
NATIONAL INSTITUTES OF HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
The bill provides $79,000,000 for the National Institute of
Environmental Health Sciences. This includes an increase of
$1,500,000 for the Superfund Research Program and $151,000
for the Worker Training Program.
AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
The bill provides $74,691,000 for the Agency for Toxic
Substances and Disease Registry.
The Agency is directed to focus on its core mission of
assessing hazardous exposures and understand the Agency does
not consider the presence or absence of litigation when
evaluating the need for a public health assessment. The
Agency is encouraged to maintain professional and scientific
independence regarding its selection of sites for assessment
while following its statutory mandate to work with
communities.
Areas with High Incidence of Pediatric Cancer.--Within 180
days of enactment, ATSDR, in consultation with other
components of the Department of Health and Human Services
(HHS), is directed to submit to the Senate Appropriations and
Health, Education, Labor, and Pensions Committees and House
Appropriations and Energy and Commerce Committees a report
that provides details on the geographic variation in
pediatric cancer incidence in the United States. Such report
must include: (1) the types of pediatric cancer within each
of the 10 States with the highest age-adjusted incidence rate
of cancer among persons less than 20 years old; (2)
geographic distribution of pediatric cancer types within each
such State, in accordance with Centers for Disease Control
and Prevention guidelines; and (3) an update on current
activities related to pediatric cancer, including with
respect to carrying out section 399V-6 of the Public Health
Service Act (42 U.S.C. 280g-17). In addition, HHS is
encouraged to conduct public outreach, in collaboration with
State departments of health, particularly in the 10 States
with the highest age-adjusted incidence rate of cancer among
persons aged less than 20 years old, to improve awareness by
residents, clinicians, and others, as appropriate, of
possible contributing factors to pediatric cancer, including
environmental exposures, in a manner that is complementary
of, and does not conflict with, ongoing pediatric cancer-
related activities supported by HHS. Finally, the Secretary
of HHS is directed to ensure that all information with
respect to patients that is contained in the reports under
this section is de-identified and protects personal privacy
of such patients in accordance with applicable Federal and
State privacy law.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE OF THE PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF ENVIRONMENTAL QUALITY
The bill provides $2,994,000 for the Council on
Environmental Quality and Office of Environmental Quality.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
The bill provides $12,000,000 for the Chemical Safety and
Hazard Investigation Board.
OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,750,000 for the Office of Navajo and
Hopi Indian Relocation (ONHIR), of which $1,000,000 is to be
transferred to the Department of the Interior, Office of
Inspector General, for a comprehensive audit of ONHIR's
finances and any related investigations that are necessary in
preparation for the eventual transfer of responsibilities to
the Department when ONHIR closes.
The bill continues the direction provided in the
explanatory statement accompanying Division G of the
Consolidated Appropriations Act, 2017, P.L. 115-31. There is
continued commitment to bringing the relocation process to an
orderly conclusion and ensuring all eligible relocatees
receive the relocation benefits to which they are entitled.
Consultation with all affected parties and agencies is the
key to a transparent, orderly closeout. The statute provides
for termination of ONHIR when the President determines its
functions have been fully discharged. That determination
requires development of a comprehensive plan. Receipt of a
progress report on development of this plan within 90 days of
enactment of this Act is expected.
[[Page H832]]
INSTITUTE OF AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT
PAYMENT TO THE INSTITUTE
The bill provides $9,960,000 for fixed costs and academic
program requirements of the Institute of American Indian
Arts.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
The bill provides a total of $1,043,497,000 for all
Smithsonian Institution accounts, of which $739,994,000 is
provided for salaries and expenses. The longstanding
commitment to the preservation of priceless, irreplaceable
Smithsonian collections continues and funds have been
provided for collections care and preservation. The
longstanding support for the National Museum of African
American History and Culture (NMAAHC) also continues. Within
amounts provided for salaries and expenses, the NMAAHC is
fully funded. The bill provides funds for the Institution's
Latino initiatives and support the Smithsonian Latino
Center's goal of promoting the inclusion of Latino
contributions in Smithsonian Institution programs,
exhibitions, collections, and public outreach. Collaboration
between the Smithsonian Latino Center and appropriate Federal
and local organizations continues to be urged in order to
advance these goals and expand the American Latino presence
at the Institution. Further, the bill provides funds for the
Institution's Asian Pacific American initiatives and continue
to support the Institution's efforts of developing programs
and expanding outreach to promote a better understanding of
the Asian Pacific American experience. Additionally, the bill
provides $2,000,000 for the American Women's History
Initiative within Institution-wide programs.
It is understood that over the last few years several
museums have been closed due to renovations and the
Institution has shifted resources to address certain needs;
however, today these museums have reopened resulting in
increased costs that were not accounted for in the budget
request. The bill provides $2,500,000 above the budget
request for facilities security and remind the Institution
that if funding priorities change, there is the opportunity
to request the reprogramming of funds as outlined in the
reprogramming guidelines contained at the front of this
explanatory statement. The bill also provides $2,500,000 in
new funding for facilities maintenance requirements.
FACILITIES CAPITAL
The bill provides $303,503,000 for the Facilities Capital
account, with $286,503,000 provided for revitalization and
$17,000,000, as requested, provided for facilities planning
and design. The bill includes $210,000,000 for the National
Air and Space Museum revitalization effort and $76,503,000
for major revitalization projects included in the budget
request.
National Air and Space Museum Revitalization.--The multi-
year, multi-phase renovation of the National Air and Space
Museum (NASM) is supported and include $210,000,000 for this
critical revitalization effort. The Institution is directed
to follow the reprogramming guidelines contained in this
explanatory statement and may not redirect the use of these
funds for other capital projects without prior approval of
the Committees. Given the scale of the project, the
Institution is directed to make available to the Committees
on a timely basis the most updated and comprehensive
information on project and funding requirements. The
Government Accountability Office is directed to continue its
review and analysis of the project's cost estimates, as
directed in the Consolidated Appropriation Act, 2017 (P.L.
115-31). The Institution is directed to submit to the House
and Senate Committees on Appropriations, within 60 days of
enactment of this Act, a detailed list and description of
projects funded within the Facilities Capital account.
NATIONAL GALLERY OF ART
SALARIES AND EXPENSES
The bill provides $144,202,000 for the Salaries and
Expenses account of the National Gallery of Art, of which not
to exceed $3,640,000 is for the special exhibition program.
REPAIR, RESTORATION, AND RENOVATION OF BUILDINGS
The bill provides $24,203,000 for the Repair, Restoration,
and Renovation of Buildings account and includes funds to
complete the repairs of the East Building atrium skylights.
JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
OPERATIONS AND MAINTENANCE
The bill provides $24,490,000 for the Operations and
Maintenance account.
CAPITAL REPAIR AND RESTORATION
The bill provides $16,800,000 for the Capital Repair and
Restoration account. Funds provided above the request are to
address critical safety, security, and capital repair and
restoration needs.
WOODROW WILSON INTERNATIONAL CENTER FOR SCHOLARS
SALARIES AND EXPENSES
The bill provides $12,000,000 for the Woodrow Wilson
International Center for Scholars.
NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
NATIONAL ENDOWMENT FOR THE ARTS
GRANTS AND ADMINISTRATION
The bill provides $155,000,000 for the National Endowment
for the Arts (NEA) to continue the important work of the
Endowment. Changes to the enacted level are included in the
table at the end of this explanatory statement. The agency is
strongly encouraged to use the increases provided for direct
grants to expand its Creative Forces: Military Healing Arts
Network and to increase grants made available to Tribes and
to rural and underserved areas. Support continues for the
expansion of this successful program to assist service
members and their families in their recovery, reintegration,
and transition to civilian life. The NEA is reminded of the
directives included in House Report 115-765 and Senate Report
115-276 regarding the collaborative relationship among NEA
and the States, priorities, and allocation to State arts
agencies.
NATIONAL ENDOWMENT FOR THE HUMANITIES
GRANTS AND ADMINISTRATION
The bill provides $155,000,000 for the National Endowment
for the Humanities (NEH) to continue the important work of
the Endowment. Changes to the enacted level are included in
the table at the end of this explanatory statement. The
agency is expected to use increases provided to expand its
work with Tribes to preserve Native languages and culture as
detailed below as well as to support other local history
preservation initiatives. The NEH is reminded of the
directives contained in House Report 115-765 and Senate
Report 115-276 regarding support for veterans, American
Indian and Alaska Native programs, the collaborative
relationship among NEH and the States and Territories, and
work with State humanities councils.
COMMISSION OF FINE ARTS
SALARIES AND EXPENSES
The bill provides $2,771,000 for the Commission of Fine
Arts.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
The bill provides $2,750,000 for the National Capital Arts
and Cultural Affairs program.
ADVISORY COUNCIL ON HISTORIC PRESERVATION
SALARIES AND EXPENSES
The bill provides $6,890,000 for the Advisory Council on
Historic Preservation.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
The bill provides $8,099,000 for the National Capital
Planning Commission.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
The bill provides $59,000,000 for the United States
Holocaust Memorial Museum. Within the amount provided,
$2,000,000 is included to build upon the capital improvement
initiative begun in fiscal year 2018.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
The bill provides $1,800,000 for the Salaries and Expenses
account.
WOMEN'S SUFFRAGE CENTENNIAL COMMISSION
SALARIES AND EXPENSES
The bill includes $1,000,000 for the Women's Suffrage
Centennial Commission. It is noted that Congress has
supported funding for three fiscal years so that the
Commission can plan, execute, and coordinate programs and
activities in honor of the 100th anniversary of the passage
and ratification of the Nineteenth Amendment to the U.S.
Constitution, which guaranteed women the right to vote.
However, the Commission has not yet been established with the
necessary quorum of seven members to select a chair, hire an
executive director, and begin operations. There is concern
that further delay will hinder the development and execution
of programs and activities to remember the August 18, 1920,
ratification and all Members and Offices, including those in
the Executive Branch, are strongly urged to appoint their
nominees to the Commission as soon as possible.
WORLD WAR I CENTENNIAL COMMISSION
SALARIES AND EXPENSES
The bill provides $7,000,000 for the Salaries and Expenses
account of the World War I Centennial Commission.
TITLE IV--GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
The bill includes various legislative provisions in Title
IV of the bill. The provisions are:
Section 401 continues a provision providing that
appropriations available in the bill shall not be used to
produce literature or otherwise promote public support of a
legislative proposal on which legislative action is not
complete.
Section 402 continues a provision providing for annual
appropriations unless expressly provided otherwise in this
Act.
Section 403 continues a provision providing restrictions on
departmental assessments unless approved by the Committees on
Appropriations.
Section 404 continues a limitation on accepting and
processing applications for patents and on the patenting of
Federal lands.
Section 405 continues a provision regarding the payment of
contract support costs.
Section 406 addresses the payment of contract support costs
for fiscal year 2019.
Section 407 continues a provision providing that the
Secretary of Agriculture shall not be considered in violation
of certain provisions of the Forest and Rangeland Renewable
Resources Planning Act solely because more than 15 years have
passed without revision of
[[Page H833]]
a forest plan, provided that the Secretary is working in good
faith to complete the plan revision.
Section 408 continues a provision limiting preleasing,
leasing, and related activities within the boundaries of
National Monuments.
Section 409 restricts funding appropriated for acquisition
of land or interests in land from being used for declarations
of taking or complaints in condemnation.
Section 410 continues a provision addressing timber sales
involving Alaska western red and yellow cedar.
Section 411 continues a provision which prohibits no-bid
contracts.
Section 412 continues a provision which requires public
disclosure of certain reports.
Section 413 continues a provision which delineates the
grant guidelines for the National Endowment for the Arts.
Section 414 continues a provision which delineates the
program priorities for the programs managed by the National
Endowment for the Arts.
Section 415 requires the Department of the Interior,
Environmental Protection Agency, Forest Service and Indian
Health Service to provide the Committees on Appropriations
quarterly reports on the status of balances of
appropriations.
Section 416 continues a provision prohibiting the use of
funds to promulgate or implement any regulation requiring the
issuance of permits under Title V of the Clean Air Act for
carbon dioxide, nitrous oxide, water vapor, or methane
emissions.
Section 417 continues a provision prohibiting the use of
funds to implement any provision in a rule if that provision
requires mandatory reporting of greenhouse gas emissions from
manure management systems.
Section 418 continues a provision prohibiting the use of
funds to regulate the lead content of ammunition or fishing
tackle.
Section 419 continues a provision through fiscal year 2020
authorizing the Secretary of the Interior and the Secretary
of Agriculture to consider local contractors when awarding
contracts for certain activities on public lands.
Section 420 extends certain authorities through fiscal year
2019 allowing the Forest Service to renew grazing permits.
Section 421 prohibits the use of funds to maintain or
establish a computer network unless such network is designed
to block access to pornography websites.
Section 422 extends the authority of the Forest Service
Facility Realignment and Enhancement Act.
Section 423 sets requirements for the use of American iron
and steel for certain loans and grants.
Section 424 prohibits the use of funds to destroy any
building or structures on Midway Island that have been
recommended by the U.S. Navy for inclusion in the National
Register of Historic Places.
Section 425 reauthorizes funding for one year for the John
F. Kennedy Center for the Performing Arts.
Section 426 provides authority for the Secretary of the
Interior to enter into training agreements and to transfer
excess equipment and supplies for wildfires.
Section 427 addresses carbon emissions from forest biomass.
Section 428 makes additional investments in water
infrastructure priorities and Superfund emergency response,
removal, and long-term cleanup remediation.
Section 429 addresses the use of small remote incinerators
in the State of Alaska.
Section 430 addresses section 404 of the Federal Water
Pollution Control Act.
[[Page H834]]
[GRAPHIC] [TIFF OMITTED] TH180119.067
[[Page H835]]
[GRAPHIC] [TIFF OMITTED] TH180119.068
[[Page H836]]
[GRAPHIC] [TIFF OMITTED] TH180119.069
[[Page H837]]
[GRAPHIC] [TIFF OMITTED] TH180119.070
[[Page H838]]
[GRAPHIC] [TIFF OMITTED] TH180119.071
[[Page H839]]
[GRAPHIC] [TIFF OMITTED] TH180119.072
[[Page H840]]
[GRAPHIC] [TIFF OMITTED] TH180119.073
[[Page H841]]
[GRAPHIC] [TIFF OMITTED] TH180119.074
[[Page H842]]
[GRAPHIC] [TIFF OMITTED] TH180119.075
[[Page H843]]
[GRAPHIC] [TIFF OMITTED] TH180119.076
[[Page H844]]
[GRAPHIC] [TIFF OMITTED] TH180119.077
[[Page H845]]
[GRAPHIC] [TIFF OMITTED] TH180119.078
[[Page H846]]
[GRAPHIC] [TIFF OMITTED] TH180119.079
[[Page H847]]
[GRAPHIC] [TIFF OMITTED] TH180119.080
[[Page H848]]
[GRAPHIC] [TIFF OMITTED] TH180119.081
[[Page H849]]
[GRAPHIC] [TIFF OMITTED] TH180119.082
[[Page H850]]
[GRAPHIC] [TIFF OMITTED] TH180119.083
[[Page H851]]
[GRAPHIC] [TIFF OMITTED] TH180119.084
[[Page H852]]
[GRAPHIC] [TIFF OMITTED] TH180119.085
[[Page H853]]
[GRAPHIC] [TIFF OMITTED] TH180119.086
[[Page H854]]
[GRAPHIC] [TIFF OMITTED] TH180119.087
[[Page H855]]
[GRAPHIC] [TIFF OMITTED] TH180119.088
[[Page H856]]
[GRAPHIC] [TIFF OMITTED] TH180119.089
[[Page H857]]
[GRAPHIC] [TIFF OMITTED] TH180119.090
[[Page H858]]
[GRAPHIC] [TIFF OMITTED] TH180119.091
[[Page H859]]
[GRAPHIC] [TIFF OMITTED] TH180119.092
[[Page H860]]
[GRAPHIC] [TIFF OMITTED] TH180119.093
[[Page H861]]
[GRAPHIC] [TIFF OMITTED] TH180119.094
[[Page H862]]
[GRAPHIC] [TIFF OMITTED] TH180119.095
[[Page H863]]
[GRAPHIC] [TIFF OMITTED] TH180119.096
[[Page H864]]
[GRAPHIC] [TIFF OMITTED] TH180119.097
[[Page H865]]
[GRAPHIC] [TIFF OMITTED] TH180119.098
[[Page H866]]
[GRAPHIC] [TIFF OMITTED] TH180119.099
[[Page H867]]
[GRAPHIC] [TIFF OMITTED] TH180119.100
[[Page H868]]
[GRAPHIC] [TIFF OMITTED] TH180119.101
[[Page H869]]
[GRAPHIC] [TIFF OMITTED] TH180119.102
[[Page H870]]
[GRAPHIC] [TIFF OMITTED] TH180119.103
[[Page H871]]
[GRAPHIC] [TIFF OMITTED] TH180119.104
[[Page H872]]
[GRAPHIC] [TIFF OMITTED] TH180119.105
[[Page H873]]
[GRAPHIC] [TIFF OMITTED] TH180119.106
[[Page H874]]
[GRAPHIC] [TIFF OMITTED] TH180119.107
[[Page H875]]
[GRAPHIC] [TIFF OMITTED] TH180119.108
[[Page H876]]
[GRAPHIC] [TIFF OMITTED] TH180119.109
[[Page H877]]
[GRAPHIC] [TIFF OMITTED] TH180119.110
[[Page H878]]
[GRAPHIC] [TIFF OMITTED] TH180119.111
[[Page H879]]
[GRAPHIC] [TIFF OMITTED] TH180119.112
[[Page H880]]
[GRAPHIC] [TIFF OMITTED] TH180119.113
[[Page H881]]
[GRAPHIC] [TIFF OMITTED] TH180119.114
[[Page H882]]
[GRAPHIC] [TIFF OMITTED] TH180119.115
[[Page H883]]
[GRAPHIC] [TIFF OMITTED] TH180119.116
[[Page H884]]
[GRAPHIC] [TIFF OMITTED] TH180119.117
[[Page H885]]
[GRAPHIC] [TIFF OMITTED] TH180119.118
[[Page H886]]
[GRAPHIC] [TIFF OMITTED] TH180119.119
[[Page H887]]
[GRAPHIC] [TIFF OMITTED] TH180119.120
[[Page H888]]
[GRAPHIC] [TIFF OMITTED] TH180119.121
[[Page H889]]
[GRAPHIC] [TIFF OMITTED] TH180119.122
[[Page H890]]
[GRAPHIC] [TIFF OMITTED] TH180119.123
[[Page H891]]
[GRAPHIC] [TIFF OMITTED] TH180119.124
[[Page H892]]
[GRAPHIC] [TIFF OMITTED] TH180119.125
[[Page H893]]
[GRAPHIC] [TIFF OMITTED] TH180119.126
[[Page H894]]
[GRAPHIC] [TIFF OMITTED] TH180119.127
[[Page H895]]
[GRAPHIC] [TIFF OMITTED] TH180119.128
[[Page H896]]
[GRAPHIC] [TIFF OMITTED] TH180119.129
[[Page H897]]
DIVISION E--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2019
In implementing this bill, Federal departments, agencies,
commissions, and other entities are directed to comply with
the directives, reporting requirements, and instructions
contained in H. Rept. 115-829 (House report) accompanying
H.R. 6385 (House bill) and S. Rept. 115-282 (Senate report)
accompanying S. 3108 (Senate bill) as though stated in this
explanatory statement, unless specifically directed to the
contrary.
This explanatory statement, while repeating some House and
Senate report language for emphasis or clarification, does
not negate language in such reports unless expressly provided
herein. Language expressing an opinion or making an
observation in the House or Senate reports represents the
view of the respective committee unless specifically endorsed
in this explanatory statement. In cases in which the House
and Senate reports provide contradictory directives or
contradictory instructions that are not addressed in this
explanatory statement, such directives or instructions are
negated.
Reports required to be submitted pursuant to the Act,
including reports required by this explanatory statement and
the House and Senate reports, may not be consolidated to
include responses to multiple requirements in a single
report, except following consultation with the Committees on
Appropriations.
In lieu of the tables and allocations of funding contained
in the House and Senate reports, the tables and such
allocations contained in this explanatory statement shall
guide departments, agencies, commissions, and other entities
when allocating funds.
Section 7019 of the Act requires that amounts designated in
the respective tables referenced in this explanatory
statement for funds appropriated in titles III through V,
including tables in title VII, shall be made available in
such designated amounts, unless otherwise provided for in the
Act, and shall be the basis of the report required by section
653(a) of the Foreign Assistance Act of 1961 (FAA) (the
653(a) report), where applicable. The section also includes
limited authority to deviate from such specified amounts and
continues language similar to prior years including
exceptions to the application of the requirements of such
section for amounts designated in tables included in this
explanatory statement for International Military Education
and Training, Global Health Programs, and Economic Support
Fund/Global Programs, funds for which the initial period of
availability has expired, amounts designated by the Act as
minimum funding requirements, and funds made available for a
country pursuant to sections 7043(c), 7047(d), and 7071(b) of
the Act.
Proposed deviations from tables in titles I and II in this
explanatory statement are subject to the regular notification
procedures of the Committees on Appropriations, unless an
exception or deviation authority is specifically provided
herein.
For the purposes of this explanatory statement, the term
``prior Acts'' means prior Acts making appropriations for the
Department of State, foreign operations, and related
programs. In addition, any reference to ``division K of
Public Law 115-141'' means the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2018,
and any reference to ``division J of Public Law 115-31''
means the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2017.
For purposes of the Act and explanatory statement, the term
``regular notification procedures of the Committees on
Appropriations'' means such Committees are notified not less
than 15 days in advance of the obligation of funds. The
Secretary of State and USAID Administrator are directed to
submit notifications for the obligation of funds made
available by the Act and prior Acts not later than 60 days
prior to the expiration of such funds.
Congressional notifications submitted by the Secretary of
State and USAID Administrator for funds that are being
reallocated prior to initial obligation, reprogrammed, or
reobligated after deobligation, shall, to the maximum extent
practicable, contain detailed information about the sources
of the funds and why such funds are no longer intended to be
used as previously justified.
For purposes of the Act, the term ``prior consultation''
means a pre-decisional engagement between a relevant Federal
agency and the Committees on Appropriations during which the
Committees are provided a meaningful opportunity to provide
facts and opinions to inform: (1) the use of funds; (2) the
development, content, or conduct of a program or activity; or
(3) a decision to be taken. Direction to consult with the
``Committee'' in either the House or Senate reports shall
mean to consult with the Committees on Appropriations.
In the Act, the term ``stabilization assistance'' has the
same meaning as defined by the Stabilization Assistance
Review in ``A Framework for Maximizing the Effectiveness of
U.S. Government Efforts to Stabilize Conflict-Affected Areas,
2018.''
As in prior fiscal years, additional funding designated as
Overseas Contingency Operations/Global War on Terrorism (OCO/
GWOT) pursuant to the Balanced Budget and Emergency Deficit
Control Act of 1985 (BBEDCA) is contained in title VIII of
the Act. Such funds are intended to address the extraordinary
costs of operations and assistance in countries in conflict
and areas of instability and violence, particularly in the
Middle East, South Asia, and Africa; security, stabilization,
and peacekeeping programs; humanitarian activities; and
counterterrorism and counterinsurgency efforts.
The Secretary of State shall comply with the directive
under section 7015 in the House report regarding the transfer
or release of any individuals detained at Naval Station,
Guantanamo Bay, Cuba in the manner described.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
The Act provides $9,047,657,000 for Administration of
Foreign Affairs in this title, and an additional
$3,280,871,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA. The Act includes a total of
$6,071,348,000 for embassy security in this title and title
VIII, as contained in the table below:
EMBASSY SECURITY
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Worldwide Security Protection........................... 4,095,899
Embassy Security, Construction, and Maintenance......... 1,975,449
---------------
Total............................................... 6,071,348
------------------------------------------------------------------------
DIPLOMATIC PROGRAMS
The Act provides $5,947,952,000 for Diplomatic Programs in
this title, and an additional $3,225,971,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA.
Within the total provided under this heading in this title,
up to $1,469,777,000 is for Worldwide Security Protection
(WSP) and may remain available until expended; and
$4,478,175,000 is for operations, of which $671,726,000 may
remain available until September 30, 2020.
Funds appropriated by the Act for activities, bureaus, and
offices under this heading in this title are allocated
according to the following table:
DIPLOMATIC PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Category Authority
------------------------------------------------------------------------
Human Resources......................................... 2,871,794
Worldwide Security Protection....................... [528,000]
Overseas Programs....................................... 1,338,227
Diplomatic Policy and Support........................... 773,847
Security Programs....................................... 964,084
Worldwide Security Protection....................... [941,777]
---------------
Total........................................... 5,947,952
------------------------------------------------------------------------
BUREAU/OFFICE
(includes salary and bureau-managed funds)
------------------------------------------------------------------------
------------------------------------------------------------------------
Bureau of Administration
Freedom of Information Act.......................... [33,960]
Ambassadors Fund for Cultural Preservation.............. 6,250
Cultural Antiquities Task Force......................... 1,000
Bureau of Democracy, Human Rights, and Labor............ 42,020
Human Rights Vetting................................ [10,000]
Office of International Religious Freedom........... [6,500]
of which, religious freedom curriculum development.. [500]
Special Envoy to Promote Religious Freedom of [2,000]
Religious Minorities in the Near East and South
Central Asia.......................................
Atrocities Prevention Training...................... [500]
Special Advisor for International Disability Rights. [445]
Bureau of European and Eurasian Affairs
Office of the Special Envoy for Holocaust Issues.... [750]
Bureau of Economic and Business Affairs
Office of Terrorism Financing and Economic Sanctions [6,100]
Policy.............................................
Bureau of Oceans and International Environmental and 41,859
Scientific Affairs.....................................
Office of the Legal Advisor
Document Review Unit................................ [2,889]
Office to Monitor and Combat Trafficking in Persons..... 13,822
Bureau of Political-Military Affairs
Office of Weapons Removal and Abatement............. [3,609]
Office of the Secretary
Office of Global Women's Issues..................... [6,766]
Office of the Coordinator for Cyber Issues.......... [5,497]
Undersecretary for Civilian Security, Democracy, and [2,695]
Human Rights.......................................
Special Coordinator for Tibetan Issues.............. [1,000]
Ambassador at Large for Global Criminal Justice..... [3,750]
Office to Monitor and Combat Anti-Semitism.......... [350]
------------------------------------------------------------------------
Funds allocated for offices and programs under the bureaus
listed in the table under this heading that exceed the 2019
congressional budget justification levels for such offices
and programs are in addition to funds otherwise made
available for such bureaus.
Bureau of Diplomatic Security Staffing.--The bill includes
$528,000,000 for salaries for the Bureau of Diplomatic
Security (DS). Such funds are available to support the fiscal
year 2019 DS hiring plan and for staffing enhancements in
fiscal years 2019 and 2020. In conjunction with the operating
plan submitted pursuant to section 7070(a) of the Act, the
Secretary of State shall submit a plan for the use of such
funds for DS staffing enhancements.
Bureau of International Organization Affairs Personnel
Levels.--To provide for the proper oversight of funds,
facilitate reform at the United Nations and other
international organizations, and comply with congressional
reporting requirements, the Secretary of State shall consult
with the Committees on Appropriations with respect to the
personnel levels of the Bureau of International Organization
Affairs prior to submitting the operating plan required under
section 7070(a) of the Act.
Combating Anti-Semitism.--Not later than 45 days after
enactment of the Act, the Secretary of State shall submit a
report to the
[[Page H898]]
Committees on Appropriations on the status of the appointment
of a Special Envoy to Monitor and Combat Anti-Semitism.
Emergency Evacuations Reserve.--The bill includes an
additional $250,000,000 above the fiscal year 2018 level
within the amounts designated for WSP, to be available until
expended, as a reserve for costs related to evacuations of
United States Government personnel and United States citizens
from extraordinary overseas emergencies. Additionally,
section 7004(f) of the Act is modified to include Emergencies
in the Diplomatic and Consular Service to the transfer
authority to facilitate such evacuations.
Expanded Professional Associates Program.--The bill
provides funds under this heading for the Expanded
Professional Associates Program (EPAP). The Secretary of
State shall consult with the Committees on Appropriations on
the planned funding and personnel levels for EPAP for fiscal
year 2019 prior to submitting the operating plan required by
section 7070(a) of the Act.
Foreign Affairs Security Training Center.--Not later than
45 days after enactment of the Act, the Secretary of State
shall submit to the Committees on Appropriations a progress
report on the Foreign Affairs Security Training Center
project, which shall be updated semi-annually until the
completion of the project. The report shall include the
requirements described under this heading in the House and
Senate reports.
Global Engagement Center.--The bill includes up to
$55,400,000 for the Global Engagement Center (GEC), including
up to $20,000,000 to counter state propaganda and
disinformation. The operating plan required by section
7070(a) of the Act shall include the staffing requirements
and on-board staffing levels of the GEC, including the use of
detailees, personal service contracts, and direct hires, as
well as their foreign language proficiency. The Secretary of
State shall consult with the Committees on Appropriations on
the intended use of any funds transferred or requested to be
transferred to the GEC by the Department of Defense prior to
submitting the notifications required by sections 7015(d)(2)
and 7015(h)(2)(A) of the Act.
Office to Monitor and Combat Trafficking in Persons.--The
bill includes $13,822,000 for the Office to Monitor and
Combat Trafficking in Persons for support of activities and
directives described in the House and Senate reports,
including additional staff to address the increased workload
of regional analysts and improve expertise of in-country
personnel.
Public Diplomacy.--The bill includes sufficient funds to
support public diplomacy programs at not less than the fiscal
year 2018 level. In addition, the Secretary of State shall
include projected funding levels for public diplomacy in the
operating plan required by section 7070(a) of the Act.
United States Special Envoy for Sudan and South Sudan.--The
bill includes funds for the United States Special Envoy for
Sudan and South Sudan. Not later than 45 days after enactment
of the Act, the Secretary of State shall consult with the
appropriate congressional committees on the timing of the
appointment of an individual to such position, and the costs
associated with the office of such Envoy.
CAPITAL INVESTMENT FUND
The Act provides $92,770,000 for Capital Investment Fund.
OFFICE OF INSPECTOR GENERAL
The Act provides $90,829,000 for Office of Inspector
General in this title, of which $13,624,000 may remain
available until September 30, 2020, and an additional
$54,900,000 in title VIII under this heading is for the
Special Inspector General for Afghanistan Reconstruction
(SIGAR) and is designated for OCO/GWOT pursuant to BBEDCA.
The Act waives the requirement of section 209(a)(1) of the
Foreign Service Act of 1980, as included in prior fiscal
years.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The Act provides $700,946,000 for Educational and Cultural
Exchange Programs, of which not less than $271,500,000 is for
the Fulbright Program and $111,860,000 is for the Citizen
Exchange Program. Funds under this heading are allocated
according to the following table:
EDUCATIONAL AND CULTURAL EXCHANGES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Program/Activity Budget Authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program................................ 271,500
Global Academic Exchanges........................ 63,461
Special Academic Exchanges....................... 22,875
Benjamin Gilman International Scholarship [16,000]
Program.....................................
------------------
Subtotal..................................... 357,836
Professional and Cultural Exchanges
International Visitor Program.................... 104,000
Citizen Exchange Program......................... 111,860
Congress-Bundestag Youth Exchange............ [4,125]
Special Professional and Cultural Exchanges...... 5,600
------------------
Subtotal..................................... 221,460
Special Initiatives
Young Leaders Initiatives........................ 31,250
Countering State Disinformation and Pressure..... 12,000
------------------
Subtotal..................................... 43,250
Program and Performance.............................. 8,400
Exchanges Support.................................... 70,000
------------------
Total........................................ 700,946
------------------------------------------------------------------------
The Secretary of State shall include in the operating plan
required by section 7070(a) of the Act the information listed
under this heading in the House and Senate reports.
Countering State Disinformation and Pressure.--The bill
includes $12,000,000 under this heading to counter state-
sponsored disinformation and hybrid threats, promote
democracy, and support exchanges with countries facing state-
sponsored disinformation and pressure campaigns, particularly
in Europe and Eurasia. A portion of the funds shall be made
available through a process whereby the Bureau of Educational
and Cultural Affairs, Department of State (ECA), solicits
proposals from posts located in affected countries.
Citizen Exchange Program.--Funds made available for the
Citizen Exchange Program are intended for the purposes
described under this heading in the House report.
Fulbright Program.--The bill includes additional funds
under this heading for the Fulbright Program for Afghanistan,
Egypt, and Pakistan, which in previous fiscal years were
appropriated under Economic Support Fund. The total Fulbright
allocations for such countries for fiscal year 2019 shall not
be less than the total amounts appropriated under this
heading and under Economic Support Fund in prior fiscal years
for such purposes.
The bill also includes funding for Fulbright initiatives in
Korea, the Baltic Sea region, and Eastern Europe at not less
than the amounts allocated in, and in a manner consistent
with, fiscal year 2018.
Special Academic and Professional and Cultural Exchanges.--
The bill includes funds to continue the Special Academic
Exchanges and Special Professional and Cultural Exchanges
described in the House and Senate reports, including the
Benjamin Gilman International Scholarship Program and the
Tibetan exchanges and fellowships.
Personnel.--The bill includes $70,000,000 for Exchanges
Support for ECA. Funds made available above the prior fiscal
year level are for the purpose of hiring to the authorized
personnel level contained in the May 22, 2018 Department of
State report to Congress. The operating plan required by
section 7070(a) of the Act shall include details on how such
levels will be achieved.
Vietnam Education Foundation Act.--The Act includes
$5,000,000 under this heading and $5,000,000 under
Development Assistance for grants authorized by section 211
of the Vietnam Education Foundation Act of 2000, as amended.
Young Leaders Initiatives.--The bill includes an additional
$1,500,000 for the Young African Leaders Initiative and an
additional $1,000,000 for the Young Leaders of the Americas
Initiative above the prior fiscal year level.
REPRESENTATION EXPENSES
The Act provides $8,030,000 for Representation Expenses,
subject to section 7020 of the Act.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The Act provides $30,890,000 for Protection of Foreign
Missions and Officials.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The Act provides $1,975,449,000 for Embassy Security,
Construction, and Maintenance, of which $1,198,249,000 is for
Worldwide Security Upgrades (WSU) and $777,200,000 is for
other construction, operations, and maintenance.
Acceptance of Gifts for Embassy Construction.--The
Secretary of State shall notify the Committees on
Appropriations not later than 15 days prior to the acceptance
of a gift to supplement funds made available under this
heading. Such notification shall include the amount, source,
and any terms associated with each gift, and the Secretary
shall consult with such Committees prior to submitting such
notification.
Capital Security Cost Sharing and Maintenance Cost Sharing
Programs.--The bill includes not less than $1,025,304,000 for
the Department of State share of the Capital Security Cost
Sharing (CSCS) and Maintenance Cost Sharing (MCS) Programs,
not including additional amounts to be provided from consular
revenue.
In addition, Federal agencies funded by the Act are
directed to provide contributions to the CSCS and MCS
Programs at levels consistent with the Benghazi
Accountability Review Board recommended funding level of
$2,200,000,000 for CSCS and $400,000,000 for MCS based on
shares determined by the Secretary of State.
Value Engineering.--Any notification submitted to the
Committees on Appropriations for a new diplomatic facility
justified to such Committees in the Congressional Budget
Justification, Department of State, Foreign Operations, and
Related Programs, Fiscal Year 2019, or not previously
justified to such Committees, shall include confirmation that
the Department of State has completed the requisite value
engineering studies required pursuant to OMB Circular A-131,
Value Engineering December 31, 2013, and the Bureau of
Overseas Building Operations Policy and Procedure Directive,
P&PD, Cost 02: Value Engineering.
The reference to ``Enhanced Notification Requirements'' in
the House report shall mean ``Notification and reporting
requirements'' under this heading in such report.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
The Act provides $7,885,000 for Emergencies in the
Diplomatic and Consular Service.
The Act withholds from obligation $800,000 of the funds
made available under this heading until the Secretary of
State testifies before the Committees on Appropriations on
the fiscal year 2020 budget request. Funds withheld from
obligation shall not be from
[[Page H899]]
funds necessary for emergency evacuations and the payment of
rewards for information related to international terrorism,
narcotics related activities, transnational organized crime,
and war crimes as authorized by Section 36 of the State
Department Basic Authorities Act of 1956. Instead, such
withholding should be from funds available under the heading
for entertainment, representation, and other related
expenses.
REPATRIATION LOANS PROGRAM ACCOUNT
The Act provides $1,300,000 for Repatriation Loans Program
Account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The Act provides $31,963,000 for Payment to the American
Institute in Taiwan.
If consular fees collected by the American Institute in
Taiwan (AIT) are not sufficient to cover the full cost of
AIT's consular operations, the Secretary of State shall make
available funds from the Consular and Border Security Program
(CBSP) in amounts sufficient to cover the difference between
such consular fees and the cost of consular operations. The
operating plan submitted for AIT pursuant to section 7070(a)
of the Act shall include the anticipated costs of AIT
consular operations, an estimate of consular fees anticipated
to be collected by AIT, and any anticipated transfers from
the CBSP.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
The Act provides $743,000 for International Center,
Washington, District of Columbia.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The Act provides $158,900,000 for Payment to the Foreign
Service Retirement and Disability Fund.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The Act provides $1,264,030,000 for Contributions to
International Organizations in this title, and an additional
$96,240,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
Unless otherwise provided for in the Act or another
provision of law, and with the exception of organizations
from which the United States has withdrawn, the bill assumes
the payment of the full United States assessment at each
respective organization funded under this heading. The
Secretary of State shall consult with the Committees on
Appropriations prior to submitting the operating plan
required by section 70701(a) of the Act for funds
appropriated under this heading, including with respect to
any decision not to include in such plan the full assessed
amount for any organization funded under this heading.
For each organization, department, or agency funded under
this heading that is not subject to section 7048(a)(1) of the
Act, the Secretary shall assess whether such organization,
department, or agency is meeting the requirements of
subparagraphs (A) through (C) of such section and include
such information in the report required by such section. The
report shall include such information on an organization-by-
organization basis.
The Secretary of State shall consult with the Committees on
Appropriations on the availability of additional funds for
the International Civil Aviation Organization for a
contribution to the 40th Triennial Assembly and 75th
anniversary events in 2019.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides $562,344,000 for Contributions for
International Peacekeeping Activities in this title, and an
additional $988,656,000 in title VIII under this heading is
designated for OCO/GWOT pursuant to BBEDCA.
Sufficient funds are provided in the bill for United States
contributions to peacekeeping missions at the statutory level
of 25 percent. Funding for the United States share of the
United Nations Support Office in Somalia is provided under
Peacekeeping Operations in title VIII instead of under this
heading.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The Act provides $48,134,000 for Salaries and Expenses.
CONSTRUCTION
The Act provides $29,400,000 for Construction.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The Act provides $13,258,000 for American Sections,
International Commissions, including $8,052,000 for the
International Joint Commission, $2,304,000 for the
International Boundary Commission, and $2,902,000 for the
Border Environment Cooperation Commission, in the amounts and
for the purposes specified under this heading in the Senate
report.
INTERNATIONAL FISHERIES COMMISSIONS
The Act provides $50,651,000 for International Fisheries
Commissions. The bill provides funding for the purposes
specified under this heading in the Senate report and such
funds are allocated according to the following table:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Commission/Activity Authority
------------------------------------------------------------------------
Great Lakes Fishery Commission 37,290
Lake Champlain Basin................................ [7,000]
Inter-American Tropical Tuna Commission................. 1,750
Pacific Salmon Commission............................... 3,685
International Pacific Halibut Commission................ 4,395
Other Marine Conservation Organizations................. 3,531
Total............................................... 50,651
------------------------------------------------------------------------
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The Act provides $798,196,000 for International
Broadcasting Operations.
Section 7034(r)(7) of the Act clarifies the name change of
the ``Broadcasting Board of Governors'' (BBG) to the ``United
States Agency for Global Media'' (USAGM).
Of the funds made available under this heading, up to
$34,508,000 may remain available until expended for satellite
transmissions and Internet freedom programs, of which not
less than $13,800,000 is for Internet freedom and
circumvention programs. In addition, $1,200,000 is included
within funds provided for Radio Free Asia (RFA) for the
personnel costs associated with Internet freedom activities,
bringing the total provided for such programs to not less
than $15,000,000. The USAGM shall include amounts planned for
Internet freedom in fiscal year 2019 as part of the operating
plan required by section 7070(a) of the Act and to describe
the planned activities in the Internet freedom spend plan
required by section 7065(c) of the Act.
East Asia and the Pacific.--The bill supports the Tibetan
language services of the Voice of America (VOA) and RFA.
Latin America.--The bill includes $6,000,000 for the VOA
Latin America Division for the purposes specified under this
heading in the House report. The USAGM shall submit the
report required under this heading in the House report to the
Committees on Appropriations in the manner described.
Radio Free Asia.--The bill includes $44,223,000 for RFA.
Within such amount, additional funds are to be made available
to increase the capacity for translation and social media by
the Uyghur service of RFA to address the crisis in Xinjiang,
China. USAGM shall consult with the Committees on
Appropriations on plans to increase this capacity.
Funds under this heading are allocated according to the
following table:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Entities/Grantees Authority
------------------------------------------------------------------------
Federal Entities
International Broadcasting Bureau (IBB)
IBB Operations.................................. 58,576
Internet Freedom................................ [13,800]
Office of Technology, Services, and Innovation...... 181,843
Voice of America.................................... 250,060
Office of Cuba Broadcasting......................... 29,144
---------------
Subtotal........................................ 519,623
Independent Grantee Organizations
Radio Free Europe/Radio Liberty..................... 124,038
Radio Free Asia..................................... 44,223
Middle East Broadcasting Networks................... 110,312
Subtotal............................................ 278,573
---------------
Total........................................... 798,196
------------------------------------------------------------------------
BROADCASTING CAPITAL IMPROVEMENTS
The Act provides $9,700,000 for Broadcasting Capital
Improvements.
RELATED PROGRAMS
The Asia Foundation
The Act provides $17,000,000 for The Asia Foundation. Such
funds shall be apportioned and obligated to the Foundation
not later than 60 days after enactment of the Act.
United States Institute of Peace
The Act provides $38,634,000 for United States Institute of
Peace.
An additional $750,000 above the fiscal year 2018 level is
included in the bill to facilitate the Syria Study Group
authorized in division G of Public Law 115-254 to review and
make recommendations on a diplomatic and military strategy
toward Syria. The President of the United States Institute
of Peace shall consult with the appropriate congressional
committees on its plans to facilitate such Group.
Center for Middle Eastern-Western Dialogue Trust Fund
The Act provides $185,000 from interest and earnings from
the Center for Middle Eastern-Western Dialogue Trust Fund.
Eisenhower Exchange Fellowship Program
The Act provides $190,000 from interest and earnings from
the Eisenhower Exchange Fellowship Program Trust Fund.
Israeli Arab Scholarship Program
The Act provides $68,000 from interest and earnings from
the Israeli Arab Scholarship Endowment Fund.
East-West Center
The Act provides $16,700,000 for East-West Center. Such
funds shall be apportioned and obligated to the Center not
later than 60 days after enactment of the Act.
National Endowment For Democracy
The Act provides $180,000,000 for National Endowment for
Democracy. Such funds shall be apportioned and obligated to
the National Endowment for Democracy (NED) not later than 60
days after enactment of the Act. Of this amount, $117,500,000
shall be allocated in the traditional and customary manner,
including for the core institutes.
A total of $62,500,000 is provided for democracy programs,
as well as for the next phase of the NED's mid- to long-term
strategic approach and response to immediate and
unanticipated challenges or opportunities for the
[[Page H900]]
promotion of democracy abroad. Of the funds provided above
the fiscal year 2018 enacted level for such programs,
$4,000,000 is for NED discretionary programs for Burma and
$6,000,000 is for NED discretionary programs for North Korea.
Not later than 45 days after enactment of the Act, the NED
President shall submit a report to the Committees on
Appropriations on the proposed uses of funds appropriated
under this heading in a manner similar to fiscal year 2018.
The NED President should consult with such Committees in
advance of any significant deviation from the plans outlined
in such report.
Funds appropriated under this heading shall not be subject
to prior approval by the Department of State or USAID or to
administrative and management surcharges, and minimal
expenses, if any, should be charged to general Department of
State or USAID operating expenses. The NED shall not be
precluded from competitively bidding on other grant
solicitations.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The Act provides $675,000 for Commission for the
Preservation of America's Heritage Abroad.
United States Commission on International Religious Freedom
SALARIES AND EXPENSES
The Act provides $4,500,000 for United States Commission on
International Religious Freedom, of which $1,000,000 is
withheld from obligation until the Commission consults with
the appropriate congressional committees on the steps taken
to implement the recommendations of the Independent Review of
USCIRF Mission Effectiveness that was conducted pursuant to
the United States Commission on International Religious
Freedom Reauthorization Act of 2015 (Public Law 114-71).
Additionally, the funds withheld are subject to the regular
notification procedures of the Committees on Appropriations.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The Act provides $2,579,000 for Commission on Security and
Cooperation in Europe.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The Act provides $2,000,000 for Congressional-Executive
Commission on the People's Republic of China.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The Act provides $3,500,000 for United States-China
Economic and Security Review Commission.
Western Hemisphere Drug Policy Commission
SALARIES AND EXPENSES
The Act provides $1,500,000 for Western Hemisphere Drug
Policy Commission, as authorized by title VI of the
Department of State Authorities Act, Fiscal Year 2017.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The Act provides $1,214,808,000 for Operating Expenses in
this title, of which $182,221,000 may remain available until
September 30, 2020, and an additional $158,067,000 in title
VIII under this heading is designated for OCO/GWOT pursuant
to BBEDCA.
In lieu of the personnel report directed under this heading
in the House report, a modified report on personnel is
required under section 7073 of the Act.
Changes in Management.--The USAID Administrator shall
consult with the Committees on Appropriations on any proposed
significant or substantive change to USAID guidance or
directives related to management services prior to issuing
such guidance or directives to USAID posts worldwide.
USAID Overseas Staffing.--The bill includes an additional
$25,000,000 above the fiscal year 2018 level for the purpose
of increasing overseas staffing. The USAID Administrator
shall consult with the Committees on Appropriations prior to
the submission of the operating plan required by section
7070(a) of the Act with respect to such staffing levels.
CAPITAL INVESTMENT FUND
The Act provides $225,000,000 for Capital Investment Fund,
of which not less than $220,400,000 is for the CSCS and MCS
Programs.
OFFICE OF INSPECTOR GENERAL
The Act provides $76,600,000 for Office of Inspector
General, of which $11,490,000 may remain available until
September 30, 2020.
The Act includes up to $2,000,000 to support Office of
Inspector General (OIG) activities in the West Bank and Gaza:
$1,000,000 is provided under this heading and up to
$1,000,000 is provided pursuant to section 7039 of the Act.
In addition, the bill provides funding under this heading to
support OIG activities and staffing in Afghanistan.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH PROGRAMS
The Act provides $8,837,450,000 for Global Health Programs.
Funds under this heading are allocated according to the
following table and subject to section 7019 of the Act:
GLOBAL HEALTH PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Maternal and Child Health............................... 835,000
Polio............................................... [51,500]
Maternal and Neonatal Tetanus....................... [1,000]
The GAVI Alliance................................... [290,000]
Nutrition (USAID)....................................... 145,000
Micronutrients...................................... [33,000]
of which, Vitamin A................................. [22,500]
Iodine Deficiency Disorder.......................... [2,500]
Vulnerable Children (USAID)............................. 24,000
Blind Children...................................... [3,500]
HIV/AIDS (USAID)........................................ 330,000
Microbicides........................................ [45,000]
HIV/AIDS (Department of State).......................... 5,720,000
The Global Fund to Fight AIDS, Tuberculosis, and [1,350,000]
Malaria............................................
UNAIDS.............................................. [45,000]
Family Planning/Reproductive Health (USAID)............. 523,950
Other Infectious Diseases (USAID)....................... 1,259,500
Global Health Security.............................. [100,000]
Malaria............................................. [755,000]
Tuberculosis........................................ [302,000]
of which, Global TB Drug Facility................... [15,000]
Neglected Tropical Diseases......................... [102,500]
---------------
Total........................................... 8,837,450
------------------------------------------------------------------------
Consultation.--The USAID Administrator shall consult with
the Committees on Appropriations on the specific uses of
funds made available at levels above the previous fiscal year
for maternal and child health, nutrition, global health
security, and tuberculosis, prior to the obligation of such
funds.
Global Health Security.--The bill includes $140,000,000 for
Global Health Security, of which $40,000,000 is repurposed
from title IX of division J of Public Law 113-235. Of such
repurposed funds, $2,000,000 is for the Emergency Reserve
Fund, bringing the available balance of the Reserve Fund to
$100,000,000 to enable the United States and the
international public health community to respond rapidly to
emerging health threats.
USAID has played an important role in vaccine development
for HIV and malaria, and the USAID Administrator shall
consider the use of global health security funds for vaccine
development efforts to prevent and respond to outbreaks from
deadly viruses.
Maternal and Neonatal Tetanus.--Funds provided for Maternal
and Neonatal Tetanus are for public-private partnerships
specifically focused on providing low-cost vaccines for women
of childbearing age to prevent tetanus in newborn children.
DEVELOPMENT ASSISTANCE
The Act provides $3,000,000,000 for Development Assistance.
Funds for certain programs under this heading are allocated
according to the following table and subject to section 7019
of the Act:
DEVELOPMENT ASSISTANCE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa:
Cameroon................................................... 3,000
Chad....................................................... 3,000
Democratic Republic of Congo............................... 37,594
Malawi higher education.................................... 10,000
Niger...................................................... 11,000
The Gambia democracy programs.............................. 2,000
East Asia and the Pacific:
Philippines................................................ 70,000
South and Central Asia:
Bangladesh................................................. 89,525
labor programs......................................... [3,000]
democracy programs..................................... [8,000]
Sri Lanka.................................................. 30,000
Western Hemisphere:
Central America............................................ 190,000
Haiti...................................................... 51,000
reforestation.......................................... [8,500]
Global Programs:
Bureau for Food Security................................... 315,960
Community Development Fund............................. [80,000]
Feed the Future Innovation Labs........................ [55,000]
Global Crop Diversity Trust............................ [15,000]
Combating child marriage................................... 11,000
Development Innovation Ventures............................ 23,000
Leahy War Victims Fund..................................... 13,500
Low Cost Eyeglasses Pilot Program.......................... 2,500
Mobility Pilot Program..................................... 1,000
Ocean Freight Reimbursement Program........................ 1,500
Reconciliation Programs.................................... 18,000
Trade capacity building.................................... 20,000
USAID Advisor for Indigenous Peoples Issues................ 3,500
Victims of torture......................................... 12,000
Wheelchairs................................................ 5,000
------------------------------------------------------------------------
Low Cost Eyeglasses Pilot Program.--The bill includes
$2,500,000 for a low cost eyeglasses pilot program, which
shall be implemented in the manner described in the Senate
report. The USAID Administrator shall consult with the
Committees on Appropriations not later than 45 days after
enactment of the Act on a plan to implement such program.
Mobility.--Not later than 120 days after enactment of the
Act, the USAID Administrator shall submit to the Committees
on Appropriations the report required in the House and Senate
reports on efforts by USAID to implement a pilot program to
increase access to affordable bicycles in developing
countries.
Patrick Leahy War Victims Fund.--The bill includes
$13,500,000 for the Leahy War Victims Fund which assists
disabled civilian victims of armed conflict, with an emphasis
on addressing mobility-related injuries. These resources may
be used to improve access to quality habilitation and
rehabilitation services and expand economic and social
opportunities for disabled civilian victims of armed
conflict.
Wheelchair Program.--The bill includes $5,000,000 to
improve the availability of, and access to, appropriate
wheelchairs and trained wheelchair providers in low and
middle income countries. Broader efforts to increase global
access to assistive technology contribute to improved access
to wheelchairs, and these funds may be used to promote such
efforts, including through global
[[Page H901]]
partnerships. The USAID Administrator shall consult with the
Committees on Appropriations not later than 45 days after
enactment of the Act on the proposed uses of such funds.
INERNATIONAL DISASTER ASSISTANCE
The Act provides $3,801,034,000 for International Disaster
Assistance in this title, and an additional $584,278,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA. Such funds shall be apportioned to USAID
not later than 60 days after enactment of the Act.
TRANSITION INITIATIVES
The Act provides $30,000,000 for Transition Initiatives in
this title, and an additional $62,043,000 in title VIII under
this heading is designated for OCO/GWOT pursuant to BBEDCA.
COMPLEX CRISES FUND
The Act provides $30,000,000 for Complex Crises Fund.
Congressional notifications submitted for funds made
available under this heading shall include the source year of
funds being notified. Such funds shall be apportioned to
USAID not later than 60 days after enactment of the Act. As
in the past, funds appropriated under this heading in this
title are the responsibility of the USAID Administrator. The
Secretary of State and the USAID Administrator shall provide
the Committees on Appropriations semi-annual updates on the
status of cumulative unobligated balances and obligated, but
unexpended, balances, disaggregated by source year, from
funds appropriated under this heading in the Act and prior
Acts.
DEVELOPMENT CREDIT AUTHORITY
The Act includes a $55,000,000 limitation on funds that may
be transferred from other programs in this title to
Development Credit Authority. In addition, $10,000,000 is
provided for administrative expenses, which may be
transferred to, and merged with, Operating Expenses. A
limitation of $1,750,000,000 is included on total loan
principal.
ECONOMIC SUPPORT FUND
The Act provides $2,545,525,000 for Economic Support Fund
in this title, and an additional $1,172,336,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA. Funds for certain programs under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
ECONOMIC SUPPORT FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program Authority
------------------------------------------------------------------------
Africa
Cameroon................................................ 1,000
Counter Lord's Resistance Army (sec. 7042(c))........... 10,000
Democratic Republic of Congo............................ 37,594
Djibouti................................................ 9,000
West Africa anti-slavery programs....................... 2,000
East Asia and the Pacific
North Korea human rights programs....................... 4,000
People's Republic of China.............................. 17,040
Middle East and North Africa
Lebanon................................................. 112,500
Scholarships........................................ [12,000]
Middle East Partnership Initiative scholarship program.. 20,000
Middle East Regional Cooperation........................ 5,000
Near East Regional Democracy............................ 52,000
Relief and Recovery Fund................................
Refugee Scholarships Program in Lebanon............. [5,000]
South and Central Asia
Afghanistan Civilian Assistance Program................. 10,000
Nepal................................................... 75,000
Pakistan Civilian Assistance Program.................... 10,000
Sri Lanka............................................... 10,000
Western Hemisphere
Central America......................................... 100,000
Central America Regional Security Initiative........ [100,000]
Cuba.................................................... 20,000
Caribbean Energy Security Initiative.................... 2,000
Global Programs
Ambassador-at-Large for Global Women's Issues........... 10,000
Atrocities Prevention (sec. 7034(c)).................... 2,500
Conflict and Stabilization Operations................... 2,500
Disability Programs..................................... 7,500
Family Planning/Reproductive Health (USAID)............. 51,050
Global Concessional Financing Facility (sec. 7071(f))... 25,000
House Democracy Partnership............................. 1,900
Organization of American States......................... 9,000
Polio................................................... 7,500
Protection of Civil Society Activists and Journalists 7,500
(sec. 7032(h)).........................................
Reconciliation Programs................................. 12,000
------------------------------------------------------------------------
The bill provides funding to support the first through
third organizational pillars of the Organization of American
States. Within the total provided under this heading,
$4,000,000 is for programs to strengthen democracy, and
$5,000,000 is for programs to promote and protect human
rights, of which not less than $500,000 is for the Office of
the Special Rapporteur for Freedom of Expression. Such funds
are subject to prior consultation with the Committees on
Appropriations.
In lieu of the directives in the House and Senate bills and
reports, the bill includes funds for democracy programs in
Cuba.
The bill includes not less than $1,000,000 for programs
that provide policy and technical training to information
communication technology professionals from developing
countries. Such funds should be provided on an open and
competitive basis.
The bill continues limitations and conditions on assistance
for the West Bank and Gaza from prior fiscal years. Subject
to such limitations and conditions in the Act, and the
recently enacted Taylor Force Act, the bill includes funds
under Economic Support Fund sufficient to meet the level
proposed in the President's fiscal year 2019 budget request
for programs and activities to foster a resolution to the
Israeli-Palestinian conflict. As described in the
Congressional Budget Justification, such funds are intended
to promote stability and enhance security, including by
providing economic opportunities for the Palestinian people
and improving access to water, energy, education and health
services.
DEMOCRACY FUND
The Act provides $227,200,000 for Democracy Fund, of which
$157,700,000 is for the Department of State Human Rights and
Democracy Fund, including $7,500,000 to implement section
7032(h) of the Act, and $69,500,000 is for the USAID Center
of Excellence for Democracy, Human Rights, and Governance.
The Assistant Secretary for the Bureau of Democracy, Human
Rights, and Labor (DRL), Department of State, shall consult
with the Committees on Appropriations on the uses of funds
provided by the Act for the Human Rights and Democracy Fund
that are above the fiscal year 2016 level.
Consistent with prior fiscal years, DRL may use funds
appropriated under this heading for administrative expenses.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The Act provides $760,334,000 for Assistance for Europe,
Eurasia and Central Asia.
The Act includes modified language regarding the use of
notwithstanding authority under this heading.
The Secretary of State has not submitted the report
required under this heading in the explanatory statement
accompanying division J of Public Law 115-31. The Secretary
of State shall submit the report not later than 30 days after
enactment of the Act.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides $2,027,876,000 for Migration and Refugee
Assistance in this title, and an additional $1,404,124,000 in
title VIII under this heading is designated for OCO/GWOT
pursuant to BBEDCA.
Funds made available under this heading in the Act shall be
administered in accordance with the directives in paragraphs
(3) and (4) of section 7073(b) of the Act.
The bill includes funding above the fiscal year 2018 level
for Migration and Refugee Assistance, including to respond to
refugees fleeing economic collapse and repression in
Venezuela and to increase support for ongoing efforts to
enhance the capacity of the Mexican Commission of Assistance
to Refugees to process asylum applications of refugees in
Mexico. Not later than 45 days after enactment of the Act,
the Assistant Secretary for the Bureau of Population,
Refugees, and Migration (PRM), Department of State, shall
consult with the Committees on Appropriations on the uses of
such funds.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The Act provides $1,000,000 for United States Emergency
Refugee and Migration Assistance Fund. The bill also directs
the transfer to Migration and Refugee Assistance of any
balances in the Fund that exceed the limitation in paragraph
(2) of section 2(c) of the Migration and Refugee Assistance
Act of 1962.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The Act provides $410,500,000 for Peace Corps.
The Act does not include language on the consultation and
notification requirements regarding the closure or downsizing
of domestic or overseas offices and notes that these
requirements are now contained in Section 203 of the Sam Farr
and Nick Castle Peace Corps Reform Act of 2018 (Public Law
115-256). The Director of the Peace Corps shall submit a
report to the Committees on Appropriations, listing all
decisions made during the fiscal year to change the status of
offices or country programs and the justifications for such
decisions, no later than 30 days after the end of the fiscal
year.
MILLENNIUM CHALLENGE CORPORATION
The Act provides $905,000,000 for Millennium Challenge
Corporation, including up to $105,000,000 for administrative
expenses.
Consistent with section 7015(c) of the Act, the
reobligation of funds deobligated by the Millennium Challenge
Corporation (MCC) is subject to the regular notification
procedures of the Committees on Appropriations. In any
notification of reobligation, the MCC shall indicate the
Compact or activity that is the source of the deobligation
and the year in which the deobligation occurred.
The Act recognizes the authorized funding limitation on the
threshold program included in the African Growth and
Opportunity Act and Millennium Challenge Act Modernization
Act (Public Law 115-167). The Chief Executive Officer of the
MCC shall consult with the Committees on Appropriations if a
planned threshold program will cause the total amount
obligated for purposes of carrying out section 616 of the
Millennium Challenge Act of 2003 (Public Law 108-199), as
amended, to exceed 5 percent in fiscal year 2019.
INTER-AMERICAN FOUNDATION
The Act provides $22,500,000 for Inter-American Foundation.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
The Act provides $30,000,000 for United States African
Development Foundation.
[[Page H902]]
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The Act provides $30,000,000 for International Affairs
Technical Assistance, of which no more than $6,000,000 is for
administrative expenses.
The Department of the Treasury OIG is not required to
comply with the directive under this heading in the House
report.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The Act provides $1,497,469,000 for International Narcotics
Control and Law Enforcement. Funds for certain programs under
this heading are allocated according to the following table
and subject to section 7019 of the Act:
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country/Program/Activity Authority
------------------------------------------------------------------------
Atrocities prevention (sec. 7034(c)).................... 2,500
Argentina............................................... 2,500
Central America......................................... 190,000
Central America Regional Security Initiative........ [190,000]
Combating wildlife trafficking.......................... 50,000
Critical flight safety program.......................... 10,500
Health monitoring systems........................... [5,000]
Cybercrime and intellectual property rights............. 10,000
Demand reduction........................................ 15,000
Haiti prison assistance................................. 1,500
International Law Enforcement Academy................... 27,000
International organizations............................. 7,000
Pakistan................................................ 40,000
Border security..................................... [15,000]
Peru.................................................... 32,000
Programs to end modern slavery.......................... 25,000
Security force professionalization (sec. 7049(a)(5)).... 3,000
Tajikistan.............................................. 6,000
Border security..................................... [3,000]
Trafficking in persons.................................. 45,000
Office to Monitor and Combat Trafficking in Persons. [36,000]
Western Hemisphere regional security cooperation........ 12,500
------------------------------------------------------------------------
Combating Wildlife Trafficking.--Funds included to combat
wildlife trafficking should be used to strengthen law
enforcement capacity, further partnerships through regional
and international cooperation, and provide site-based
protection of wildlife. The Secretary of State shall continue
to consult with the Committees on Appropriations on the use
of aircraft for anti-poaching activities.
Critical Flight Safety Program.--Funds provided for the
Critical Flight Safety Program shall be implemented in the
manner described under this heading in the House report.
International Organized Crime.--The bill includes
$68,150,000 for International Organized Crime, of which
$37,500,000 is for programs to further the objectives of
Executive Order 13773 on Enforcing Federal Law with Respect
to Transnational Criminal Organizations and Preventing
International Trafficking. The remaining funds are provided
for programs to combat wildlife trafficking and are from
within the $50,000,000 specified in the table above for such
programs.
Opioids.--The bill supports Department of State activities
to address the flow of illegal opioids into the United
States, including: (1) programs to assist the Government of
Mexico in securing its borders and reducing poppy cultivation
and heroin and synthetic drug production; (2) programs to
thwart transnational criminal organizations involved in the
trafficking of heroin and fentanyl; (3) diplomatic efforts to
strengthen precursor chemical control and training on
international treaty obligations related to opioids; (4)
measures to strengthen the security of the international
postal system to prevent illegal shipments of opioids from
entering the United States, particularly from the People's
Republic of China (PRC); and (5) global demand reduction
programs.
The Secretary of State, in consultation with the heads of
other Federal agencies, as appropriate, shall develop an
international diplomatic and assistance strategy to stop the
flow of opioids into the United States. The strategy shall
contain a clear mission statement, goals and objectives, and
shall identify the activities and tools necessary to
implement the strategy. The strategy shall also include: (1)
a description of the activities supported by the Act and
prior Acts, including those enumerated in the preceding
paragraph; (2) relevant information on efforts by other
Federal agencies implementing programs in foreign countries;
and (3) steps taken by countries in which opioids are
produced or trafficked. Not later than 90 days after
enactment of the Act and after consultation with the
appropriate congressional committees, the Secretary shall
submit such strategy to such committees.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The Act provides $864,550,000 for Nonproliferation, Anti-
terrorism, Demining and Related Programs. Funds for certain
programs are allocated according to the following table and
subject to section 7019 of the Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Program/Activity Authority
------------------------------------------------------------------------
Nonproliferation programs.................................. 297,050
Nonproliferation and Disarmament Fund.................... [35,000]
Export Control and Related Border Security............... [60,000]
Global Threat Reduction.................................. [70,000]
International Atomic Energy Agency....................... [94,800]
Anti-terrorism programs.................................... 346,000
Anti-terrorism Assistance................................ [182,000]
Terrorist Interdiction Program........................... [43,000]
Counterterrorism financing............................... [12,500]
Counterterrorism Partnerships Fund....................... [108,500]
Airport and aviation security [non-add].................. [20,000]
Conventional weapons destruction........................... 196,500
Humanitarian demining.................................... [159,000]
of which, Laos........................................... [30,000]
------------------------------------------------------------------------
Airport and Aviation Security.--The bill includes
$20,000,000 to strengthen international airport and aviation
security, including passenger and baggage screening, and
crisis response. Such funds are derived from Anti-terrorism
Assistance and Counterterrorism Partnerships Fund. Not later
than 60 days after enactment of the Act, the Secretary of
State shall submit a spend plan detailing the proposed uses
of such funds by country and program.
PEACEKEEPING OPERATIONS
The Act provides $163,457,000 for Peacekeeping Operations
in this title, and an additional $325,213,000 in title VIII
under this heading is designated for OCO/GWOT pursuant to
BBEDCA. Funds under this heading are allocated according to
the following table and subject to section 7019 of the Act:
PEACEKEEPING OPERATIONS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
County/Program/Activity Authority
------------------------------------------------------------------------
Africa..................................................... 301,020
Central African Republic................................. [8,000]
Democratic Republic of the Congo......................... [5,000]
Liberia.................................................. [1,000]
Somalia.................................................. [222,500]
South Sudan.............................................. [25,000]
Africa Regional.......................................... [39,520]
of which, Partnership for Regional East Africa [10,000]
Counterterrorism........................................
of which, Africa Conflict Stabilization and Border [8,170]
Security................................................
of which, Africa Military Education Program.............. [2,000]
of which, Africa Maritime Security Initiative............ [1,850]
of which, Africa Regional Counterterrorism............... [15,100]
of which, Program Management............................. [2,400]
Near East.................................................. 31,000
Multinational Force and Observers........................ [31,000]
Political-Military Affairs................................. 156,650
Security Force Professionalization (sec. 7049(a)(5))..... [3,000]
------------------------------------------------------------------------
The Act provides $71,000,000 for the Global Peace
Operations Initiative. Funds provided above the previous
fiscal year should be made available to support the Africa
Contingency Operations Training and Assistance program,
including to support modernization of training
infrastructure.
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The Act provides $110,778,000 for International Military
Education and Training.
The bill provides $3,500,000 for Pakistan, an amount equal
to the budget request; $1,000,000 for Greece; and not less
than the fiscal year 2018 levels for Malta and Portugal.
FOREIGN MILITARY FINANCING PROGRAM
The Act provides $5,962,241,000 for Foreign Military
Financing Program in this title, and an additional
$229,372,000 in title VIII under this heading is designated
for OCO/GWOT pursuant to BBEDCA.
Funds under this heading for certain countries are
allocated according to the following table and subject to
section 7019 of the Act:
FOREIGN MILITARY FINANCING PROGRAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Country Authority
------------------------------------------------------------------------
Estonia.................................................... 8,000
Israel..................................................... 3,300,000
Latvia..................................................... 8,000
Lithuania.................................................. 8,000
Peru....................................................... 1,800
------------------------------------------------------------------------
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The Act provides $339,000,000 for International
Organizations and Programs. Funds under this heading are
allocated according to the following table and subject to
section 7019 of the Act:
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Organizations/Programs Authority
------------------------------------------------------------------------
International Chemicals and Toxins Programs................ 3,175
International Civil Aviation Organization.................. 1,200
International Conservation Programs........................ 7,000
International Development Law Organization................. 400
International Maritime Organization........................ 325
Montreal Protocol Multilateral Fund........................ 29,000
Organization of American States Development Assistance 500
Programs..................................................
Regional Cooperation Agreement on Combating Piracy and 50
Armed Robbery Against Ships in Asia.......................
UN Capital Development Fund................................ 1,100
UN Children's Fund......................................... 137,500
of which, Combating female genital mutilation programs. [5,000]
UN Democracy Fund.......................................... 3,000
UN Development Program..................................... 80,000
UN Environmental Programs.................................. 10,000
UN High Commissioner for Human Rights...................... 9,500
of which, Honduras..................................... [1,000]
of which, Colombia..................................... [1,000]
UN Human Settlements Program............................... 700
UN Office for the Coordination of Humanitarian Affairs..... 2,500
UN Population Fund......................................... 32,500
UN Special Representative of the Secretary-General for 1,750
Sexual Violence in Conflict...............................
UN Trust Fund to End Violence Against Women................ 1,000
UN Voluntary Fund for Technical Cooperation in the Field of 1,150
Human Rights..............................................
UN Voluntary Fund for Victims of Torture................... 6,550
[[Page H903]]
UN Women................................................... 8,500
World Meteorological Organization.......................... 1,000
World Trade Organization Technical Assistance.............. 600
------------------------------------------------------------------------
Funds appropriated under this heading shall be made
available for core contributions for each entity listed in
the above table unless: (1) otherwise provided for in the Act
or such table; or (2) the Secretary of State justifies the
proposed uses of funds other than for core contributions in
the congressional notification submitted for funds under this
heading. The Secretary shall consult with the Committees on
Appropriations prior to submitting such notification, which
shall be submitted not later than June 30, 2019.
International Financial Institutions
GLOBAL ENVIRONMENT FACILITY
The Act provides $139,575,000 for Global Environment
Facility, including $136,563,000 for the seventh
replenishment of the Global Environment Facility, which if
annualized over four years would equal $546,252,000. In lieu
of the directive under this heading in the Senate report, the
Secretary of the Treasury shall follow the reporting
requirements included under this heading in the Act.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The Act provides $1,097,010,000 for Contribution to the
International Development Association.
Not later than 60 days after enactment of the Act, the
Secretary of the Treasury shall submit a report to the
Committees on Appropriations detailing the annual budgets of
the Inspection Panel and the Compliance Advisor Ombudsman for
each of the past five fiscal years, the caseload of each such
entity for each of those years, a description of the
priorities of the United States Executive Director for such
entities, and specific recommendations, including budget and
personnel increases, to enhance the capacity of each such
entity to effectively carry out its mission.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The Act provides $47,395,000 for Contribution to the Asian
Development Fund.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The Act provides $32,417,159 for Contribution to the
African Development Bank.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The Act provides $507,860,806 for Limitation on Callable
Capital Subscriptions.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The Act provides $171,300,000 for Contribution to the
African Development Fund.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The Act provides $30,000,000 for Contribution to the
International Fund for Agricultural Development, which if
annualized over three years would sum to $90,000,000. In lieu
of the directive under this heading in the Senate report, the
Secretary of the Treasury shall follow the reporting
requirements included under this heading in the Act.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The Act provides $5,700,000 for Inspector General for the
Export-Import Bank of the United States, of which $855,000
may remain available until September 30, 2020.
The Export-Import Bank OIG is not required to comply with
the directive under this heading in the House report.
ADMINISTRATIVE EXPENSES
The Act provides $110,000,000 for Administrative Expenses
for the Export-Import Bank of the United States, of which
$16,500,000 may remain available until September 30, 2020.
RECEIPTS COLLECTED
The Act does not include the authority contained in the
Senate bill for the Export-Import Bank to retain collected
receipts to fund the Bank's carryover account. Due to the
lack of a quorum on its Board of Directors, the Bank was
unable to generate enough offsetting collections in fiscal
year 2018 to fund its carryover account, and receipts will
also not be sufficient in fiscal year 2019. This authority
can be reconsidered in fiscal year 2020.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Act provides $79,200,000 for Noncredit Account of the
Overseas Private Investment Corporation.
Inspector General Oversight.--The President of the Overseas
Private Investment Corporation (OPIC) shall allocate not less
than $1,000,000 to reimburse the USAID OIG in support of the
long-term inter-agency agreement for continued oversight of
OPIC in fiscal year 2019, and shall develop an inter-agency
agreement with the USAID OIG to continue oversight, including
audits, inspections, and investigations, of the newly
established United States International Development Finance
Corporation (USIDFC) until the new USIDFC Inspector General
is operational, if applicable. The OPIC President and USAID
Inspector General shall consult with the Committees on
Appropriations on such plans. In addition, the reorganization
plan required by section 1462 of Public Law 115-254 should
include a timeline and milestones for hiring an inspector
general and an estimated budget for associated staff and
support costs.
PROGRAM ACCOUNT
The Act provides $20,000,000 for Program Account of the
Overseas Private Investment Corporation.
TRADE AND DEVELOPMENT AGENCY
The Act provides $79,500,000 for Trade and Development
Agency, of which no more than $19,000,000 is for
administrative expenses.
TITLE VII
GENERAL PROVISIONS
The following general provisions are contained in the Act.
Each are designated as unchanged or modified from division K
of Public Law 115-141:
Section 7001. Allowances and Differentials (unchanged)
Section 7002. Unobligated Balances Report (unchanged)
Not later than 45 days after enactment of the Act, the
Secretary of State shall consult with the Committees on
Appropriations regarding the application of this section to
funds appropriated under International Military Education and
Training and Foreign Military Financing Program.
Section 7003. Consulting Services (unchanged)
Section 7004. Diplomatic Facilities (modified)
Subsection (h) directs the Secretary of State to submit
quarterly reports on certain projects. Such reports shall
include the following information concerning each project:
(1) a detailed breakout of the project factors that formed
the basis of the initial cost estimate used to justify such
project to the Committees on Appropriations, as described
under Embassy Security, Construction, and Maintenance in the
House report; (2) a comparison of the current project factors
as compared to the project factors submitted pursuant to (1),
and an explanation of any changes; (3) the impact of currency
exchange rate fluctuations on project costs; (4) a copy of
the most current working estimate that supports the basis for
each report; and (5) a project performance assessment as
described under this heading.
Not later than 90 days after enactment of the Act and every
12 months thereafter until completion of such projects, the
Secretary of State shall submit to the Committees on
Appropriations an updated cost estimate, if applicable, and
an on-site assessment of progress and performance prepared by
a third party on the projects enumerated in subsection (h).
Sufficient funds are made available under title I of the
Act for the Department of State to purchase additional
property to more fully secure the site of the New Embassy
Compound in Kinshasa, Democratic Republic of the Congo.
Section 7005. Personnel Actions (unchanged)
Section 7006. Department of State Management (modified)
Not later than December 31, 2019, the Secretary of State
shall submit a report to the appropriate congressional
committees detailing sole-source awards made by the
Department of State during the previous fiscal year in excess
of $2,000,000 which shall be posted on the Department
website.
Section 7007. Prohibition Against Direct Funding for
Certain Countries (unchanged)
Section 7008. Coups d'Etat (unchanged)
Section 7009. Transfer of Funds Authority (modified)
Section 7010. Prohibition on Certain Operational Expenses
(unchanged)
Section 7011. Availability of Funds (modified)
Section 7012. Limitation on Assistance to Countries in
Default (unchanged)
Section 7013. Prohibition on Taxation of United States
Assistance (unchanged)
Section 7014. Reservations of Funds (unchanged)
Section 7015. Notification Requirements (modified)
Section 7016. Document Requests, Records Management, and
Related Cybersecurity Protections (modified)
Any agency receiving funds made available by the Act shall
comply with the directives under the Introduction in the
Senate report regarding the public posting of reports, which
is similar to the directive contained in section 7077(a) of
division K of Public Law 115-141.
Section 7017. Use of Funds in Contravention of this Act
(unchanged)
Section 7018. Prohibition on Funding for Abortions and
Involuntary Sterilization (unchanged)
Section 7019. Allocations and Reports (modified)
The bill continues the requirement, with certain exceptions
and in accordance with the terms and conditions of the Act,
that amounts designated in the respective tables referenced
in this explanatory statement shall be made available in such
designated amounts and shall be the basis of the 653(a)
report, where applicable.
For the purpose of applying subsection (d)(1), the
exception in subparagraph (C) concerning minimum funding
requirements of amounts designated by the Act shall be
construed to include account levels specified in the
applicable tables.
Section 7020. Representation and Entertainment Expenses
(unchanged)
Section 7021. Prohibition on Assistance to Governments
Supporting International Terrorism (unchanged)
[[Page H904]]
Section 7022. Authorization Requirements (unchanged)
Section 7023. Definition of Program, Project, and Activity
(unchanged)
Section 7024. Authorities for the Peace Corps, Inter-
American Foundation and United States African Development
Foundation (unchanged)
Section 7025. Commerce, Trade and Surplus Commodities
(unchanged)
Section 7026. Separate Accounts (unchanged)
Section 7027. Eligibility for Assistance (unchanged)
Section 7028. Local Competition (unchanged)
Section 7029. International Financial Institutions
(modified)
Section 7030. Debt-for-Development (unchanged)
Section 7031. Financial Management and Budget Transparency
(modified)
In determining the requirement of subsection (a)(1)(A)(vi)
for direct government-to-government assistance, consideration
should be given to whether such government has made progress
in publicly disclosing its national budget since the most
recent assessment, as applicable.
The waiver authority provided in subsection (c)(3) may only
be exercised with respect to an individual.
Section 7032. Democracy Programs (modified)
The Act provides a total of not less than $2,400,000,000
for democracy programs. Such funds are not intended for
attribution to other sector or program directives included in
the Act.
Subsection (a)(2) designates not less than $89,540,000 for
DRL for certain countries and regional programs. Such funds
are allocated according to the following table and subject to
section 7019 of the Act:
BUREAU FOR DEMOCRACY, HUMAN RIGHTS, AND LABOR, DEPARTMENT OF STATE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund
Libya.................................................. 3,000
Maldives............................................... 500
Middle East Closing Space.............................. 2,000
Near East Regional Democracy........................... 15,000
North Korea............................................ 4,000
Pakistan............................................... 10,000
People's Republic of China............................. 12,040
[of which, Hong Kong].................................. [1,000]
South Sudan............................................ 1,000
Sri Lanka.............................................. 2,000
Sudan.................................................. 1,000
Syria.................................................. 11,000
Venezuela.............................................. 3,000
West Africa Anti-Slavery............................... 2,000
Yemen-Counter ISIS..................................... 1,500
Assistance for Europe, Eurasia and Central Asia
Europe and Eurasia Regional............................ 19,500
of which, Internet Freedom............................. [4,500]
Uzbekistan............................................. 2,000
------------------------------------------------------------------------
For the purpose of subsection (c), programs that otherwise
strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions,
and citizens should directly support the development of
democratic states and institutions that are responsive and
accountable to citizens.
The Secretary of State and USAID Administrator shall follow
the directives under this section in the Senate report on
program changes, which is similar to language carried in the
House bill.
Section 7033. International Religious Freedom (modified)
The Act provides not less than $25,000,000 for
international religious freedom programs, including for
assistance authorized by the Iraq and Syria Genocide Relief
and Accountability Act of 2018. Transitional justice programs
should support the efforts of entities, including
nongovernmental organizations, to assist in addressing crimes
of genocide, crimes against humanity, and war crimes,
including in Iraq, Syria, Sri Lanka, and Burma.
Funds provided pursuant to this section are allocated
according to the following table and subject to section 7019
of the Act:
INTERNATIONAL RELIGIOUS FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Democracy Fund
of which, sec. 7033(b)(1) International Religious [10,000]
Freedom Programs......................................
Economic Support Fund
of which, sec. 7033(b)(2) Protection and Investigation [10,000]
Programs..............................................
International Narcotics Control and Law Enforcement
of which, sec. 7033(b)(4) Transitional Justice, [5,000]
Reconciliation, and Reintegration Programs (from
Relief and Recovery Fund).............................
------------------------------------------------------------------------
The bill includes not less than $1,000,000 for programs to
combat anti-Semitism abroad.
In addition to amounts designated in this section for
transitional justice, reconciliation, and reintegration,
section 7071(b)(2) of the Act includes $5,000,000 from
amounts made available under the Relief and Recovery Fund
(RRF) for such programs to promote accountability in Iraq and
Syria for genocide, crimes against humanity, and war crimes.
Section 7034. Special Provisions (modified)
For purposes of subsection (a), the bill assumes the term
``victims of war'' includes victims of torture/trauma.
Subsection (e)(7) extends the availability of up to
$50,000,000 from funds appropriated under Development
Assistance and Economic Support Fund that are made available
to support private sector partnerships, with certain
requirements. The USAID Administrator shall provide the
Committees on Appropriations with quarterly updates on the
status of funds made available for such purpose and the
development of such partnerships.
The Secretary of State and USAID Administrator should
provide a direct vetting option for prime awardees in any
partner vetting program as referenced in subsection (f).
USAID's partner vetting program shall be considered to meet
any other requirement to establish, maintain, or implement a
partner vetting or similar program.
In addition to the directives in subsection (l), and with
respect to the implementation of section 203(a)(2) of Public
Law 110-457, the Secretary of State shall consider the
following as sufficient to determine that a diplomatic
mission ``tolerated such actions'': the failure to provide a
replacement passport within a reasonable period of time to a
T-visa recipient; the existence of multiple concurrent civil
suits against members of the diplomatic mission; or the
failure to satisfy a civil judgment against an employee of
the diplomatic mission.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees on steps taken by the Government of
Malawi to ensure full payment of the final judgment rendered
in November 2016 in the human trafficking case Lipenga v.
Kambalame, United States District Court for the District of
Maryland, Case No. 8:14-ev-03980. The report shall also
include a description of any steps taken pursuant to section
203 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act (Public Law 110-457).
Local Works.--Not later than 45 days after enactment of the
Act, the USAID Administrator shall post on the USAID website:
(1) a description, with illustrative examples, of how Local
Works is used to promote locally owned and led development
efforts that have as their primary goal the sustainability of
results; (2) the criteria for qualifying for Local Works
funding; (3) simple guidance for submitting proposals for
Local Works funding, including unsolicited proposals; and (4)
a copy of the report and strategy required under the heading
``Local Sustainability Awards Program'' in Senate Report 115-
152, which shall be retitled ``Local Works''.
Section 7035. Arab League Boycott of Israel (unchanged)
Section 7036. Palestinian Statehood (unchanged)
Section 7037. Restrictions Concerning the Palestinian
Authority (unchanged)
Section 7038. Prohibition on Assistance to the Palestinian
Broadcasting Corporation (unchanged)
Section 7039. Assistance for the West Bank and Gaza
(modified)
The bill does not include the statutory reporting
requirement carried in section 7039(g) of division K of
Public Law 115-141. Such reporting requirement is contained
in section 7041 of the Senate report under West Bank and
Gaza, and the Secretary of State shall comply with such
requirement in the manner described.
Section 7040. Limitation on Assistance for the Palestinian
Authority (unchanged)
Section 7041. Middle East and North Africa (modified)
Egypt.--Funds for Egypt are allocated according to the
following table and subject to section 7019 of the Act:
EGYPT
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 112,500
International Narcotics Control and Law Enforcement........ 2,000
Nonproliferation, Anti-terrorism, Demining and Related 3,000
Programs..................................................
International Military Education and Training.............. 1,800
Foreign Military Financing Program......................... 1,300,000
------------
Total.................................................. 1,419,300
------------------------------------------------------------------------
The Act includes not less than $10,000,000 for scholarships
for Egyptian students with high financial need to attend not-
for-profit institutions of higher education in Egypt in the
manner described under this section in the House and Senate
reports. Funds for Fulbright Scholarships are provided under
Educational and Cultural Exchange Programs and are not
intended to come from funds designated under this heading.
Not later than 45 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall consult with the Committees on
Appropriations on the intended uses of funds made available
for scholarships in Egypt.
For the purpose of the certification required under
subsection (a)(3)(A)(v), such cases include the murder of
Giulio Regeni.
The bill requires that an assessment of the Government of
Egypt's compliance with United Nations Security Council
Resolution 2270 and other such resolutions regarding North
Korea be included in the report accompanying any waiver
exercised by the Secretary of State pursuant to subsection
(a)(3)(B). Illicit arms sales and trafficking are a source of
significant revenue for the North Korean regime and present
an increasing threat to United States national security and
global stability.
Not later than 60 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees assessing actions taken by the
Government of Egypt to provide fair compensation to American
citizen April Corley for injuries and losses sustained during
an attack by Egyptian armed forces on September 13, 2015.
[[Page H905]]
Iraq.--Funds for Iraq are allocated according to the
following table and subject to section 7019 of the Act:
IRAQ
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 150,000
of which, Stabilization assistance..................... [50,000]
of which, other country programs....................... [100,000]
Marla Ruzicka Iraqi War Victims Fund (non-add)......... [7,500]
Democracy programs (non-add)........................... [60,000]
Higher education/Scholarships (non-add)................ [10,000]
International Narcotics Control and Law Enforcement........ 5,601
International Military Education and Training.............. 1,000
Foreign Military Financing Program......................... 250,000
------------------------------------------------------------------------
The Secretary of State shall implement the directives in
the House and Senate reports regarding support for American-
style higher education institutions in Iraq in the respective
manners described, except that $10,000,000 shall be made
available for such purposes.
The bill includes funds and authority for stabilization and
recovery assistance to support the safe return of displaced
ethnic and religious minorities to their communities.
Jordan.--In addition to the amounts designated in the Act
for Economic Support Fund and Foreign Military Financing
Program for assistance for Jordan, the bill includes not less
than $13,600,000 under Nonproliferation, Anti-terrorism,
Demining and Related Programs and not less than $4,000,000
under International Military Education and Training for
assistance for Jordan. Section 7071(b)(3)(A) of the Act makes
an additional $50,000,000 available for assistance for Jordan
from prior year RRF.
Lebanon.--$10,000,000 shall be made available for a
contribution to the Special Tribunal for Lebanon from no-year
Economic Support Fund balances that remain available for
obligation. Such funds are in addition to funds otherwise
made available by the Act for assistance for Lebanon.
Libya.--The bill includes not less than $30,000,000 under
the RRF for stabilization assistance for Libya, including for
border security programs.
Section 7015(j) of the Act regarding notification of
assistance diverted or destroyed shall apply to funds made
available for assistance for Libya.
Morocco.--Funds for Morocco are allocated according to the
following table and subject to section 7019 of the Act:
MOROCCO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 20,000
International Narcotics Control and Law Enforcement........ 5,000
Nonproliferation, Anti-terrorism, Demining and Related 1,500
Programs..................................................
International Military Education and Training.............. 2,000
Foreign Military Financing Program......................... 10,000
------------------------------------------------------------------------
Refugee Assistance in North Africa.--In lieu of the
statement regarding United Nations Security Council
Resolution 2351 in the House report, subsection (h) includes
a reporting requirement regarding the delivery of
humanitarian assistance to refugees in North Africa.
Syria.--The bill includes $40,000,000 for stabilization
assistance for Syria, including for emergency medical and
rescue response and chemical weapons use investigation and
documentation.
The Secretary of State shall consult with the appropriate
congressional committees on the areas inside Syria where
funds made available pursuant to this section in the Act and
prior Acts may be used.
Tunisia.--The Act provides not less than $191,400,000 for
assistance for Tunisia. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
TUNISIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 85,000
International Narcotics Control and Law Enforcement........ 13,000
Nonproliferation, Anti-terrorism, Demining and Related 6,100
Programs..................................................
International Military Education and Training.............. 2,300
Foreign Military Financing Program......................... 85,000
------------------------------------------------------------------------
Section 7071(b)(3)(B) of the Act makes an additional
$50,000,000 available for assistance for Tunisia from prior
year RRF.
West Bank and Gaza.--Of the funds appropriated by the Act
and prior Acts, up to $50,000,000 may be made available for
the purpose of subsection (k)(4) regarding private sector
partnership programs, if authorized.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing assistance for
the West Bank and Gaza appropriated in prior Acts by fiscal
year, account, and program that are withheld from obligation
or disbursement, the specific reason for such withholding,
and the impact of such withholding on the welfare of the
Palestinian people and the national interests of the United
States, Israel, and Jordan. The report shall also include a
description of any policy review on assistance for the West
Bank and Gaza undertaken by the Department of State, USAID,
or any other Federal entity, including the date on which the
review was initiated, the participants in the review, any
consultations by such participants with foreign or
nongovernmental entities, and the findings of the review, if
concluded.
Yemen.--Funds in the Act for assistance for Yemen shall be
made available for stabilization and humanitarian assistance,
including for United Nations stabilization and governance
facilities.
Section 7042. Africa (modified)
Africa Counterterrorism.--Similar to prior years, the bill
includes $25,730,000 for the Partnership for Regional East
Africa Counterterrorism and $90,803,000 for the Trans-Sahara
Counterterrorism Partnership.
Democratic Republic of the Congo.--The bill includes a
total of $75,188,000 for assistance for the Democratic
Republic of the Congo under Development Assistance and
Economic Support Fund.
Ethiopia.--Funds in the Act shall not be made available to
further policies or activities that would result in forced
displacement in Ethiopia. Funds made available by the Act or
prior Acts to support activities intended to improve
livelihoods shall include prior consultation with, and the
participation of, affected communities, including in the
South Omo and Gambella regions.
Horn of Africa.--The Department of State and USAID should
explore diplomatic and foreign assistance opportunities in
furtherance of peace in the Horn of Africa.
Lake Chad Basin Countries.--Funds made available pursuant
to subsection (d) shall be made available to support
populations at risk from violent attacks and kidnappings by
Boko Haram, and to support victims of such attacks and
individuals who have escaped captivity, including to meet the
unique needs of women and girls.
In order to effectively support implementation and
oversight of assistance made available pursuant to subsection
(d), the USAID Administrator, after consultation with the
appropriate congressional committees, shall increase the
number of USAID personnel in Cameroon, Chad, and Niger above
fiscal year 2018 levels. Not later than 90 days after
enactment of the Act, the USAID Administrator shall submit a
report to the appropriate congressional committees detailing
steps taken, and steps planned to be taken, to implement such
directive.
Power Africa.--The bill includes not less than the fiscal
year 2017 funding level for the Power Africa initiative.
South Sudan.--The bill includes not less than $100,154,000
for assistance for South Sudan under Development Assistance
and Global Health Programs.
The bill does not include the certification requirement on
assistance for the central Government of South Sudan. Such
certification has not been made in prior fiscal years, and
the conditions necessary for such certification to be made do
not exist. Assistance for such government may not be made
available except for the specific uses listed in subsection
(f).
Not later than 60 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit an update to the strategy
required in section 7042(i) of division J of Public Law 115-
31.
The Secretary of State should encourage the Government of
South Sudan to prioritize the identification of a site for a
New Embassy Compound in Juba, South Sudan.
Section 7043. East Asia and the Pacific (modified)
Burma.--The bill provides $120,500,000 for assistance for
Burma. Funds are allocated according to the following table
and subject to section 7019 of the Act:
BURMA
[Budget authority in thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Account/Program Budget Authority
----------------------------------------------------------------------------------------------------------------
Economic Support Fund.............. 86,450
Documentation of human rights [3,000]
violations against Rohingya...
Documentation of human rights [750]
violations in Burma...........
International Narcotics Control and 3,500
Law Enforcement...................
----------------------------------------------------------------------------------------------------------------
For the purpose of subsection (a)(1)(B)(vi), funds made
available for programs to investigate and document
allegations of ethnic cleansing and other gross violations of
human rights committed against the Rohingya people in Rakhine
state shall be made available for civil society organizations
in Bangladesh and Burma. Prior to the obligation of any such
funds, the Assistant
[[Page H906]]
Secretary for DRL shall ensure the establishment of a
standard documentation format and documentation procedures
for use by such organizations, and shall identify an
appropriate repository for such information.
For the purpose of subsection (a)(1)(B)(vii), funds made
available for programs to investigate and document
allegations of gross violations of human rights committed in
Burma shall be made available for civil society and
international organizations, including those in countries
bordering Burma.
For the purpose of the certification required in subsection
(a)(1)(C)(iv), the Government of Burma's commitments under
the Nationwide Ceasefire Agreement include: (1) the regular
holding of participatory dialogues among stakeholder
communities; (2) a dialogue process that includes all parties
to the civil wars; (3) the involvement of international third
parties in the Joint Ceasefire Monitoring Committee as
observers and technical advisors; and (4) the development of
a Union Accord for Peace that will lead to constitutional
change and resolution of the causes of the civil wars.
Prior to the obligation of funds appropriated by the Act
for assistance for Burma, the Secretary of State shall
consult with the Committees on Appropriations on the planned
uses of funds for Rakhine state, including any contributions
for implementation of the August 2017 Final Report of the
Advisory Commission on Rakhine State entitled ``Towards a
Peaceful, Fair and Prosperous Future for the People of
Rakhine''.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the extent of military
cooperation between Burma and North Korea, and steps taken by
the Government of Burma to: (1) respect human rights and the
rule of law, including protection of media freedom; (2)
revise, update, and repeal colonial-era and other oppressive
laws, including the Unlawful Associations Act, that are used
in prosecution of journalists and other civil society actors
in Burma; and (3) credibly investigate the murder of U Ko Ni.
Cambodia.--No funds are included under International
Military Education and Training and Foreign Military
Financing Program for assistance for Cambodia.
CAMBODIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 0
International Narcotics Control and Law Enforcement 0
(bilateral assistance only)...............................
International Military Education and Training.............. 0
Foreign Military Financing Program......................... 0
------------------------------------------------------------------------
Counter Influence Programs.--The Secretary of State shall
incorporate the counter influence strategy regarding the PRC
required by section 7043(e)(3) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) into the Indo-Pacific
Strategy (IPS), and shall submit a report to the appropriate
congressional committees describing in detail such
incorporation, in classified form if necessary, including a
summary of funding by fiscal year provided for such counter
influence strategy. Funds made available under title I of the
Act shall be made available for public diplomacy programs to
counter the influence of the PRC globally.
Indonesia.--The bill provides $132,025,000 for assistance
for Indonesia. Funds are allocated according to the following
table and subject to section 7019 of the Act:
INDONESIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 63,000
International Narcotics Control and Law Enforcement........ 10,625
Nonproliferation, Anti-terrorism, Demining and Related 6,000
Programs..................................................
International Military Education and Training.............. 2,400
Foreign Military Financing Program......................... 14,000
------------------------------------------------------------------------
Indo-Pacific Strategy.--The Act provides not less than
$160,000,000 for the IPS, of which $65,000,000 is under
Development Assistance, $50,000,000 is under Economic Support
Fund, $30,000,000 is under International Narcotics Control
and Law Enforcement, and $15,000,000 is under Foreign
Military Financing Program.
The Secretary of State shall follow the directives
contained in the Senate report regarding the IPS, including
submission of the IPS to the appropriate congressional
committees prior to the obligation of funds made available
for such purposes in the Act.
Not later than 45 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator, shall submit to the Committees on
Appropriations a report on the funds made available for the
IPS in prior Acts, including through reprogrammings. The
report shall specify such funds by fiscal year, amount, and
account. The report shall include a brief description of the
activity from which funds were reprogrammed.
Laos.--The bill includes $30,000,000 to support the goal of
the Government of the Lao People's Democratic Republic (PDR)
to eliminate unexploded ordnance as a barrier to national
development. The comprehensive cluster munitions survey
funded in prior Acts is expected to help the Lao PDR quantify
the contamination and prioritize areas and resources for
clearing it. The Act provides notwithstanding authority to
ensure that the humanitarian clearance of unexploded ordnance
and related activities can continue uninterrupted.
The bill also includes $3,500,000 for nutrition programs
for Lao PDR under Global Health Programs.
North Korea.--The bill includes $10,000,000 for the
promotion of human rights in North Korea, of which $6,000,000
is under National Endowment for Democracy and $4,000,000 is
under Economic Support Fund to be administered by DRL.
People's Republic of China.--The Secretary of State and
USAID Administrator shall provide no assistance to the
central Government of the PRC under Global Health Programs,
Development Assistance, and Economic Support Fund, except for
assistance to detect, prevent, and treat infectious diseases.
Thailand.--Funds for assistance for Thailand are allocated
according to the following table and subject to section 7019
of the Act:
THAILAND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 2,500
Economic Support Fund...................................... 4,000
of which, democracy and reconciliation programs........ 4,000
International Narcotics Control and Law Enforcement........ 2,000
Nonproliferation, Anti-terrorism, Demining and Related 2,000
Programs..................................................
International Military Education and Training.............. 0
------------------------------------------------------------------------
The bill does not include assistance for Thailand under
International Military Education and Training, which is
prohibited due to the application of section 7008 of the Act.
National elections in Thailand are scheduled for February
2019, and the Committees on Appropriations will consider
resuming such assistance if a democratically elected
government has taken office. The use of section 614 of the
Foreign Assistance Act of 1961 to circumvent the restriction
on assistance for Thailand contained in section 7008 of prior
Acts has not been justified.
Timor-Leste.--Funds for assistance for Timor-Leste are
allocated according to the following table and subject to
section 7019 of the Act:
TIMOR-LESTE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Development Assistance..................................... 16,000
International Military Education and Training.............. 200
------------------------------------------------------------------------
Vietnam.--The bill provides $149,250,000 for assistance for
Vietnam. Funds are allocated according to the following table
and subject to section 7019 of the Act:
VIETNAM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Development Assistance..................................... 57,750
of which, Vietnam Education Foundation Act of 2000..... 5,000
Economic Support Fund...................................... 27,500
of which, reconciliation programs...................... 1,000
International Narcotics Control and Law Enforcement........ 6,000
International Military Education and Training.............. 1,500
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs..................................................
humanitarian demining.................................. [15,000]
Foreign Military Financing Program......................... 12,000
------------------------------------------------------------------------
Subsection (h)(3) provides funds for reconciliation
programs in Vietnam to address war legacy issues.
Section 7044. South and Central Asia (modified)
Afghanistan.--Concurrent with submission of the spend plan
required by section 7070(b) of the Act, the Secretary of
State shall submit to the Committees on Appropriations a
report detailing the following: (1) goals and benchmarks
established by the Governments of the United States and
Afghanistan for the use of assistance made available by the
Act and the status of achieving such goals and benchmarks;
(2) laws and policies implemented by the Government of
Afghanistan to govern democratically and protect the rights
of individuals, civil society, and the media; (3) an
assessment of steps taken by the Government of Afghanistan to
protect the rights of women and girls; (4) whether the
Government of Afghanistan is effectively implementing a
whole-of-government, anti-corruption strategy that has been
endorsed by the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels Conference on
Afghanistan in October 2016, and is prosecuting individuals
alleged to be involved in corrupt or illegal activities in
Afghanistan; (5) monitoring and oversight frameworks for
programs implemented, including in areas under the control of
the Taliban or other extremist organizations; and (6) if the
Government of Afghanistan is publicly reporting its national
budget, including revenues and expenditures.
In preparing the goals and benchmarks for such report, the
Secretary of State, in consultation with the USAID
Administrator, shall review and consolidate the goals and
benchmarks contained in the South Asia Strategy, the Revised
Strategy for United States Engagement in Afghanistan, the
USAID Country Development Cooperation Strategy for
Afghanistan, and other relevant United States or bilateral
strategies supported by funds made available by the Act and
prior Acts. The goals and benchmarks
[[Page H907]]
included in such report should reflect such review and
consolidation.
Prior to exercising the authority in subsection
(a)(2)(A)(ii), the Secretary of State and USAID
Administrator, as appropriate, shall consult with the
Committees on Appropriations on the proposed reconciliation
program or disarmament, demobilization, and reintegration
activity to be supported with funds appropriated by the Act
and made available for assistance for Afghanistan.
Funds appropriated by the Act and prior Acts under
Diplomatic Programs and Embassy Security, Construction, and
Maintenance may be made available to establish/reestablish
and maintain one or more Embassy Branch Offices in
Afghanistan, following consultation with, and subject to the
regular notification procedures of, the Committees on
Appropriations. Not later than 90 days after enactment of the
Act, the Secretary of State shall submit to the Committees on
Appropriations a report detailing the criteria for the
establishment/reestablishment of Embassy Branch Offices in
Afghanistan, including the security requirements to
establish/reestablish such offices.
The SIGAR shall update the assessment of the implementation
of the Afghanistan National Strategy for Combating Corruption
by the Government of Afghanistan, including efforts to
prosecute individuals alleged to be involved in corrupt or
illegal activities.
Not later than 90 days after enactment of the Act, the
Secretary of State shall submit to the Committees on
Appropriations an assessment of the dollar value of improper
taxes or fees levied by the Government of Afghanistan against
United States companies and organizations in fiscal year
2018.
India.--The bill provides $112,000,000 for assistance for
India. Funds are allocated according to the following table
and subject to section 7019 of the Act:
INDIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance............................... 25,000
Environment programs......................... [12,750]
Economic Support Fund................................ 16,500
Technical assistance to India's Development [5,000]
Partnership Administration..................
Nonproliferation, Anti-terrorism, Demining and 2,800
Related Programs....................................
International Military Education and Training........ 1,500
------------------------------------------------------------------------
Maldives.--Funds for assistance for Maldives are allocated
according to the following table and subject to section 7019
of the Act:
MALDIVES
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Development Assistance............................... 1,500
Environment programs......................... [1,500]
Economic Support Fund................................ 2,000
International Military Education and Training........ 400
Foreign Military Financing Program................... 400
------------------------------------------------------------------------
Pakistan.--In October 2018, Asia Bibi was cleared of
blasphemy charges after spending eight years under sentence
of death. There is ongoing concern for her safety in
Pakistan, and her freedom to exercise her right to seek
asylum in another country.
Not later than 90 days after enactment of the Act, the
USAID Administrator shall consult with the Committees on
Appropriations on the proposed uses of funds for the Afghan
Civilian Assistance Program and the Pakistan Civilian
Assistance Program to assist civilians who have been harmed
as a result of military operations.
The bill includes $5,000,000 under International Narcotics
Control and Law Enforcement for the recruitment, retention,
and professionalization of women in the police forces of
Pakistan.
Not later than 45 days after enactment of the Act, the
Secretary of State shall submit a report to the Committees on
Appropriations describing United States security assistance
policy toward Pakistan, including: (1) a description of funds
made available by the Act and prior Acts that were suspended
by such policy (by account and fiscal year); (2) the intended
goals and objectives for the suspension of such funds; and
(3) progress made toward achieving such goals.
Section 7045. Latin America and the Caribbean (modified)
Central America.--The bill provides assistance for
countries in Central America, including to implement the
United States Strategy for Engagement in Central America.
Funds for the Central America Regional Security Initiative
are allocated according to the following table and subject to
section 7019 of the Act:
CENTRAL AMERICA REGIONAL SECURITY INITIATIVE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 100,000
Mission to Support the Fight Against Corruption [3,000]
and Impunity in Honduras........................
International Narcotics Control and Law Enforcement.. 190,000
DNA forensic technology.......................... [8,000]
International Commission Against Impunity in [6,000]
Guatemala.......................................
Mission to Support the Fight Against Corruption [2,000]
and Impunity in Honduras........................
------------------------------------------------------------------------
Other funds provided for assistance for countries in
Central America are allocated according to the following
table and subject to section 7019 of the Act:
OTHER ASSISTANCE FOR CENTRAL AMERICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Global Health Programs............................... 13,000
Guatemala........................................ [13,000]
Development Assistance............................... 190,000
Transfer to Inter-American Foundation............ [10,000]
Nonproliferation, Anti-terrorism, Demining and 500
Related Programs....................................
Panama........................................... [500]
International Military Education and Training........ 4,100
Foreign Military Financing Program................... 30,000
------------------------------------------------------------------------
The Act provides the Secretary of State with flexibility to
allocate funds among countries in the Northern Triangle. Such
funds should be allocated based on the progress made by each
country in the areas of prosperity, security, and governance
since 2014, including progress made toward meeting the
conditions in prior Acts, and the demonstrated commitment to
reform by each central government, including reforms that
will reduce illegal migration and reduce corruption and
impunity. The Secretary shall specify country levels and
include a justification for the allocation of funds (based on
such progress and demonstrated commitment) in a single spend
plan submitted pursuant to section 7070(b) of the Act.
Not later than 60 days after enactment of the Act and prior
to the submission of the spend plan, the Secretary of State,
in coordination with the USAID Administrator, shall issue a
progress report based on the existing plan for monitoring and
evaluation. The report shall be submitted to the appropriate
congressional committees and the information contained in the
report shall be posted on the Department of State and USAID
websites in a timely manner. The report should inform the
justification for the allocation of funds in the spend plan,
and congressional notifications submitted for countries in
Central America shall describe how programs align with such
plan for monitoring and evaluation.
The Secretary of State, in coordination with the USAID
Administrator, shall establish a cost-matching requirement
that leverages from the governments of El Salvador,
Guatemala, and Honduras $5 for every $1 made available by the
Act for each country. Congressional notifications submitted
for such countries shall include a detailed description of
the implementation of this requirement.
Subsection (a)(1) includes modified language withholding 50
percent of the assistance made available for each of the
central governments of El Salvador, Guatemala, and Honduras,
until the Secretary of State certifies and reports that such
government is meeting certain conditions. In making such
certification, the Secretary of State shall consider the
following: (1) relating to subparagraph (E), whether the
autonomous entity operates transparently and is
representative of a broad cross section of society; (2)
relating to subparagraph (G), whether the government is
increasing the capacity and independence of the judiciary and
the Office of the Attorney General, including on civil,
criminal, and tax matters, and whether the government is
implementing international best practices to ensure due
process; (3) relating to subparagraph (J), whether such
personnel include military and police commanding officers and
that they are cooperating in such cases; (4) relating to
subparagraph (N), whether the government is protecting the
rights of human rights defenders and other civil society
activists, trade unionists, and journalists; (5) relating to
subparagraph (O), whether the government is implementing tax
reforms that increase government revenue and transparency in
the tax collection system, and that strengthen customs
agencies; and (6) relating to subparagraph (P), whether the
government is resolving commercial disputes between United
States entities and such government, including the
confiscation of real property, and increasing the timeliness
of reimbursements to United States businesses. The Secretary
shall include such information in the report accompanying the
certification.
The bill supports efforts to strengthen the rule of law by
combating corruption and impunity in Central America by
providing:
(1) $6,000,000 for the International Commission against
Impunity in Guatemala; (2) $5,000,000 for the Mission to
Support the Fight against Corruption and Impunity in
Honduras; and (3) $20,000,000 for the offices of the
Attorneys General/Public Ministries of El Salvador,
Guatemala, and Honduras. In allocating funds for these
purposes, the Secretary of State should consider the
capacity, record, and commitment to the rule of law of each
office. The spend plan shall describe the amounts and
proposed uses of funds for these entities.
The bill includes not less than $6,000,000 for programs to
address sexual and gender-based violence in the Northern
Triangle.
The bill provides $40,725,000 for assistance for Costa
Rica. Such funds, which are derived from within the amounts
specified in the ``Central America Regional Security
Initiative'' and ``Other Assistance for Central America''
tables above, are allocated according to the following table
and subject to section 7019 of the Act:
COSTA RICA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
International Narcotics Control and Law Enforcement.. 32,500
Central America Regional Security Initiative..... [32,500]
International Military Education and Training........ 725
Foreign Military Financing Program................... 7,500
------------------------------------------------------------------------
The bill does not include funding for Nicaragua under title
IV. Assistance provided for
[[Page H908]]
Nicaragua should only be for programs that promote democracy
and the rule of law, and no funds are included for assistance
for the central Government of Nicaragua.
Colombia.--Subsection (b)(1) provides not less than
$418,253,000 for assistance for Colombia. Such funds are
allocated according to the following table and subject to
section 7019 of the Act:
COLOMBIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Account/Program Budget Authority
------------------------------------------------------------------------
Economic Support Fund................................ 187,328
Afro-Colombian and indigenous communities........ [20,000]
Human rights..................................... [9,000]
Biodiversity..................................... [5,000]
International Narcotics Control and Law Enforcement.. 170,000
Investigations and prosecutions of human rights [10,000]
violations......................................
Ivestigations and prosecutions of environmental [1,000]
crimes..........................................
Nonproliferation, Anti-terrorism, Demining and 21,000
Related Programs....................................
International Military Education and Training........ 1,400
Foreign Military Financing Program................... 38,525
------------------------------------------------------------------------
The bill provides resources above the fiscal year 2018
level under International Narcotics Control and Law
Enforcement to bolster Colombia's drug eradication and
interdiction efforts and enhance rural security.
The spend plan submitted pursuant to section 7070(b) of the
Act for assistance for Colombia shall describe in detail the
proposed uses of funds by account and activity, including the
activities specified in subsection (b)(1)(A) through (F) of
this section, and the amounts made available from prior Acts
for such activities.
The report accompanying the certification submitted
pursuant to subsection (b)(3) shall include metrics and
related information to support such certification.
For the purposes of subsections (b)(4)(B) and (b)(4)(C)
respectively, the terms ``those responsible'' and ``senior
military officers responsible'' shall include the
intellectual authors of such crimes. The Secretary of State
should not submit the report directed in the House report
under this section regarding justice and rule of law
activities.
Haiti.--The Secretary of State, in coordination with the
USAID Administrator, shall review the sustainability of
programs funded by the Act and prior Acts for assistance for
Haiti and, not later than 120 days after enactment of the
Act, submit a report to the Committees on Appropriations
detailing the findings of such review. The review shall
examine programs funded since the 2010 earthquake to
determine whether such programs were sustained, reasons why
such programs were or were not sustained, and recommendations
for current and future programing in order to increase
program sustainability. The Secretary and USAID Administrator
shall consult with the Committees on Appropriations on this
report not later than 30 days after enactment of this Act.
In lieu of the directives in the House and Senate reports
under this heading regarding border security and controls,
the Secretary of State shall work with the governments of
Haiti and the Dominican Republic to develop plans to
strengthen border security and control. Such plan should
improve security, enhance customs operations, increase
transparency, and minimize corruption. Not later than 90 days
after enactment of the Act, the Secretary, in consultation
with the USAID Administrator, shall submit to the Committees
on Appropriations a report on such efforts, including a
description of the uses of funds made available or intended
to be made available by the Act and prior Acts to support
such plans.
The bill provides $1,500,000 for Haiti prison assistance in
the manner described under this heading in the Senate report.
The report required under this heading in the Senate report
shall be submitted prior to the obligation of assistance for
Haiti, but not later than 45 days after enactment of the Act.
Venezuela.--Subsection (d) provides $17,500,000 under
Economic Support Fund for democracy and rule of law programs
for Venezuela. The bill does not include funding for
Venezuela under title IV or for the central government.
The bill supports assistance for Venezuelan refugees and
migrants and the countries and communities impacted by such
populations. Not later than 90 days after enactment of the
Act, the Secretary of State, in consultation with the USAID
Administrator, shall submit to the appropriate congressional
committees a strategy for assisting such individuals,
countries, and communities. The strategy shall describe how
funds made available in the Act and prior Acts will support
international and host country efforts to provide essential
services for Venezuelan refugees and migrants and support
host communities. The strategy shall also describe actions
taken or planned to be taken by international organizations
to support such activities. The Secretary of State and USAID
Administrator shall consult with the appropriate
congressional committees on such strategy not later than 30
days after enactment of the Act.
Caribbean Basin Security Initiative.--The bill provides
$58,000,000 for the Caribbean Basin Security Initiative. Such
funds are allocated according to the following table and
subject to section 7019 of the Act:
CARIBBEAN BASIN SECURITY INITIATIVE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 25,250
International Narcotics Control and Law Enforcement........ 25,250
Foreign Military Financing Program......................... 7,500
------------------------------------------------------------------------
Mexico.--The bill provides $162,660,000 for assistance for
Mexico. Such funds are allocated according to the following
table and subject to section 7019 of the Act:
MEXICO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 45,000
International Narcotics Control and Law Enforcement........ 110,000
Nonproliferation, Anti-terrorism, Demining and Related 1,160
Programs..................................................
International Military Education and Training.............. 1,500
Foreign Military Financing Program......................... 5,000
------------------------------------------------------------------------
The Secretary of State shall follow the directive under
this section in the Senate report regarding Foreign Military
Financing Program assistance for Mexico. The Secretary of
State should not submit the report directed under this
section in the House report regarding Mexico.
Other Assistance for Latin America and the Caribbean.--
Funds provided for assistance for Peru should support
counternarcotics programs. Additional funds should be made
available to expand such programs if the Government of Peru
decides to implement them in the Valley of the Apurimac, Ene,
and Mantaro Rivers.
Funds provided for Western Hemisphere regional security
cooperation are in addition to amounts otherwise provided for
bilateral and regional programs under International Narcotics
Control and Law Enforcement.
Section 7046.--Europe and Eurasia (modified)
Georgia.--The Act provides not less than $127,025,000 for
assistance for Georgia. Such funds are allocated according to
the following table and subject to section 7019 of the Act:
GEORGIA
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 83,025
International Narcotics Control and Law Enforcement........ 5,700
Nonproliferation, Anti-terrorism, Demining and Related 1,100
Programs..................................................
International Military Education and Training.............. 2,200
Foreign Military Financing Program......................... 35,000
------------------------------------------------------------------------
The Secretary of State shall consult with the Committees on
Appropriations prior to submitting the report required under
this heading in the House report.
Ukraine.--The Act provides not less than $445,700,000 for
assistance for Ukraine. Within this total, funds are
allocated according to the following table and subject to
section 7019 of the Act:
UKRAINE
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 250,000
International Narcotics Control and Law Enforcement........ 30,000
Nonproliferation, Anti-terrorism, Demining and Related 15,000
Programs..................................................
International Military Education and Training.............. 2,900
Foreign Military Financing Program......................... 115,000
------------------------------------------------------------------------
The bill includes additional assistance under Global Health
Programs.
Turkey.--Subsection (d)(2) requires the Secretary of State
to update the report required by Public Law 115-232. Such
report is in lieu of the report directed in the Senate report
regarding the purchase of the S-400 missile defense system.
The report required under this section in the Senate report
related to American citizens held under wrongful or unlawful
prolonged detention in Turkey shall also include the same
information for any case involving such detention of locally
employed staff of the Department of State or USAID in Turkey.
Other Assistance for Europe and Eurasia.--The bill includes
funding at levels consistent with prior years to further the
economic, social development, and reconciliation goals of
Public Law 99-415.
Section 7047. Countering Russian Influence and Aggression
(modified)
Countering Russian Influence Fund.--The Act provides not
less than $275,000,000 for the Countering Russian Influence
Fund, which is in addition to amounts made available for
bilateral assistance for countries in Europe, Eurasia and
Central Asia. Such funds are allocated according to the
following table and subject to section 7019 of the Act:
COUNTERING RUSSIAN INFLUENCE FUND
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account Authority
------------------------------------------------------------------------
Assistance for Europe, Eurasia and Central Asia............ 75,000
International Narcotics Control and Law Enforcement........ 62,500
International Military Education and Training.............. 5,000
Foreign Military Financing Program......................... 132,500
------------------------------------------------------------------------
In allocating funds for countries that are members of the
North Atlantic Treaty Organization or the European Union, the
Secretary of State should consider the degree to which such
countries may be vulnerable to influence by the Russian
Federation and their economic and technical capability to
effectively respond to aggression by the Russian Federation.
In lieu of the directive in the Senate report under this
heading concerning Russia reporting requirements, the
Secretary of State
[[Page H909]]
shall update the reports required by section 7071(b)(2) and
(e) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of
Public Law 113-76) not later than 45 days after enactment of
the Act.
Section 7048. United Nations (modified)
The Secretary of State shall include information on an
organization-by-organization basis in the report submitted
pursuant to subsection (a). Such report should also include
recommendations for reducing travel costs and improving the
oversight of travel at such entities.
Section 7049. Law Enforcement and Security (new)
Section 7049 consolidates a number of provisions carried in
prior Acts and contains new provisions related to law
enforcement and security.
Security Force Professionalization.--Funds made available
under International Narcotics Control and Law Enforcement
pursuant to subsection (a)(5) shall be made available to
increase partner capacity to collect, track, and analyze data
on arbitrary arrest, abuse of detainees, and harm to
civilians resulting from law enforcement operations of the
respective government, including to apply lessons learned to
future law enforcement activities, and to enhance
investigative capacity, transparency, and accountability.
Funds made available under Peacekeeping Operations pursuant
to such subsection shall be made available to increase
partner capacity to collect, track, and analyze data on
civilian casualties resulting from military operations of the
respective government, including to apply lessons learned to
future operations, and to enhance investigative capacity,
transparency, and accountability.
International Prison Conditions.--Subsection (b)(3)
provides funding for assistance to eliminate inhumane
conditions in foreign prisons and other detention facilities,
including access to safe drinking water and sanitation, food,
and medical care, and to address other basic needs and
protect the due process rights of prisoners and detainees.
Assistance should be prioritized for countries in Central
America and the Caribbean, Africa, the Middle East, and
Southeast Asia.
Section 7050. Arms Trade Treaty (unchanged)
Section 7051. International Conferences (unchanged)
Section 7052. Aircraft Transfer, Coordination, and Use
(modified)
The Act includes authority permitting the Secretary of
State to seek reimbursement for less than the full cost of
providing air transport to Federal or non-Federal personnel
in Department-owned or leased aircraft, including in
Afghanistan. Not later than 180 days after enactment of the
Act, the Secretary of State shall submit a report to the
Committees on Appropriations on the cost of providing air
transport services in Afghanistan since conception of the
program, including a history of annual costs, factors
contributing to any growth in cost, and the Department's
efforts to seek reimbursement for transporting other Federal
and non-Federal personnel.
Section 7053. Parking Fines and Real Property Taxes Owed by
Foreign Governments (unchanged)
Section 7054. International Monetary Fund (unchanged)
Section 7055. Prohibition on Publicity or Propaganda
(unchanged)
Section 7056. Disability Programs (unchanged)
Section 7057. United States Agency for International
Development Management (unchanged)
Section 7058. Global Health Activities (modified)
Subsection (d) repurposes $38,000,000 for USAID to carry
out programs to accelerate the capacities of targeted
countries to prevent, detect, and respond to infectious
disease outbreaks, and $2,000,000 for an additional amount
for the Emergency Reserve Fund to enable the United States
and the international public health community to respond
rapidly to emerging health threats.
The strategy required in this section of the explanatory
statement of division K of Public Law 115-141 is more than 60
days overdue and shall be submitted as described and in an
expeditious manner.
Section 7059. Gender Equality (unchanged)
Section 7060. Sector Allocations (modified)
Environment Programs.--Subsection (c) includes authority
for environment programs, subject to the regular notification
procedures of the Committees on Appropriations. Additionally,
subsection (c) states that none of the funds in the Act are
appropriated or otherwise made available for a contribution,
grant, or other payment to the Green Climate Fund.
Funds for certain bilateral environment programs are
allocated according to the following table and subject to
section 7019 of the Act:
ENVIRONMENT PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Programs Authority
------------------------------------------------------------------------
Andean Amazon.............................................. 20,500
Brazilian Amazon........................................... 11,000
Central Africa Regional Program for the Environment........ 40,000
USAID.................................................. [21,900]
United States Fish and Wildlife Service................ [18,100]
Guatemala/Belize........................................... 5,000
USAID.................................................. [3,500]
Department of the Interior............................. [1,500]
Lacey Act.................................................. 2,500
United States Fish and Wildlife Service.................... 10,900
Great apes............................................. [5,000]
Migratory bird conservation............................ [750]
Endangered sea turtles................................. [150]
United States Forest Service............................... 6,000
USAID/Indonesia Orangutan program.......................... 2,750
Toxic chemicals............................................ 7,000
Waste recycling............................................ 7,000
------------------------------------------------------------------------
Not later than 45 days after enactment of the Act and prior
to the obligation of funds made available pursuant to
subsection (c), the Secretary of State, USAID Administrator,
Director of the United States Fish and Wildlife Service
(USFWS), Director of the United States Forest Service (USFS),
and Secretary of Interior shall consult with the Committees
on Appropriations on the uses of such funds.
Funds included for USFWS, USFS, and the Department of the
Interior (DOI) shall be provided through direct transfers
pursuant to section 632(a) of the FAA not later than 90 days
after enactment of the Act. Prior to such transfers, the
USFWS, USFS, and DOI shall submit spend plans to the
Committees on Appropriations and to USAID detailing the
planned uses of such funds and expected programmatic results.
The bill includes not less than fiscal year 2017 levels for
USAID Great Apes programs.
The Act includes not less than $90,664,000 to combat
wildlife poaching and trafficking, of which not less than
$10,000,000 shall be made available for programs to combat
rhinoceros poaching primarily for site-based, anti-poaching
activities to address immediate requirements.
The bill includes $5,000,000 for tropical forest
conservation in Guatemala and Belize and the preservation of
archaeological sites in the Maya Biosphere Reserve (MBR), of
which not less than $1,500,000 shall be provided to the DOI
by direct transfer. The bill does not support funding for
road construction or logging activities in national parks or
the MBR, except for community forest concessions in the MBR.
The bill supports funding for renewable energy and
adaptation programs as specified in the table entitled
``Funding for Environment and Energy Programs'' in the Senate
report.
Not later than 90 days after enactment of the Act, the
Secretary of State, in consultation with the USAID
Administrator and the heads of other relevant Federal
agencies, shall submit to the Committees on Appropriations
the United States Government strategies in the manner
described under section 7060 in the Senate report.
Reconciliation Programs.--In lieu of the directives on
reconciliation programs in the House and Senate reports,
$30,000,000 is included for people-to-people reconciliation
programs to be carried out in a manner consistent with long-
standing congressional intent. Not later than 60 days after
enactment of the Act, the USAID Administrator shall consult
with the Committees on Appropriations on the proposed uses of
such funds and the amounts to be made available for such
purposes.
Trafficking in Persons.--The Act includes not less than
$80,822,000 for programs and activities to combat trafficking
in persons internationally, including $13,822,000 provided
under Diplomatic Programs for the Office to Monitor and
Combat Trafficking in Persons, and not less than $67,000,000
from funds made available under titles III and IV. Of such
amounts, not less than $45,000,000 is made available under
International Narcotics Control and Law Enforcement and a
total of $22,000,000 is included under Assistance for Europe,
Eurasia and Central Asia, Development Assistance, and
Economic Support Fund for these purposes.
Within the amounts made available under International
Narcotics Control and Law Enforcement, $36,000,000 is to be
administered by the Office to Monitor and Combat Trafficking
in Persons. The bill includes $5,000,000 for child protection
compacts, pursuant to the Trafficking Victims Protection Act
of 2000, as amended by Public Law 113-4, which may be made
available following consultation with the appropriate
congressional committees.
Funds designated for programs to end modern slavery in the
table under International Narcotics Control and Law
Enforcement in title IV are in addition to funds allocated to
combat trafficking in persons pursuant to this section and
shall be awarded on an open and competitive basis.
Water and Sanitation.--Funds made available for water and
sanitation programs shall be implemented in accordance with
the Senator Paul Simon Water for the World Act of 2014
(Public Law 113-289). In furtherance of the mandate of the
Water for the World Act to provide sustainable access to
clean water and sanitation for the world's poorest people and
in order to promote transparency and accountability, not
later than 45 days after enactment of the Act, the USAID
Administrator shall submit to the appropriate congressional
committees the specific weighting of criteria in the WASH
Needs Index and an explanation of how it is used to
prioritize funding that is proportionate to the needs of a
country for water, sanitation, and hygiene projects.
Section 7061. Enterprise Funds (unchanged)
Section 7062. Impact on Jobs in the United States
(unchanged)
Section 7063. Overseas Private Investment Corporation
(unchanged)
Section 7064. Inspectors General (unchanged)
Section 7065. Global Internet Freedom (modified)
The Act provides not less than $60,500,000 for programs to
promote Internet freedom globally. Funds for such activities
appropriated in title III of the Act are allocated according
to the following table and subject to section 7019 of the
Act:
[[Page H910]]
GLOBAL INTERNET FREEDOM
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Budget
Account/Program Authority
------------------------------------------------------------------------
Economic Support Fund...................................... 22,025
Near East Regional Democracy........................... [16,750]
Democracy Fund (Department of State)....................... 14,000
Democracy Fund (USAID)..................................... 3,500
Assistance for Europe, Eurasia and Central Asia............ 5,975
------------------------------------------------------------------------
In addition to funds made available in title III, the bill
also includes $15,000,000 for Internet freedom under
Broadcasting Board of Governors, including $13,800,000 for
International Broadcasting Operations for programs and
$1,200,000 for the associated personnel costs of RFA.
Section 7066. Multi-Year Pledges (unchanged)
Section 7067. Torture and Other Cruel, Inhuman, or
Degrading Treatment or Punishment (modified)
Section 7068. Extradition (unchanged)
Section 7069. War Crimes Tribunals (unchanged)
Section 7070. Budget Documents (modified)
Spend Plans.--The Secretary of State or USAID
Administrator, as applicable, shall submit each spend plan
required by subsection (b) with all planned accounts,
countries, programs, and activities. Partial spend plans will
not be considered complete for the purposes of this
requirement. Any funds notified pursuant to paragraph (3)
shall be noted in the subsequent spend plan.
Section 7045 of the Act provides additional guidance for
spend plans submitted for assistance for Colombia and the
countries in Central America.
Section 7071. Stabilization and Development in Regions
Impacted by Extremism and Conflict (modified)
Relief and Recovery Fund.--The Act provides not less than
$200,000,000 for the RRF, of which $85,000,000 is under
Economic Support Fund, $25,000,000 is under International
Narcotics Control and Law Enforcement, $25,000,000 is under
Nonproliferation, Anti-terrorism, Demining and Related
Programs, $40,000,000 is under Peacekeeping Operations, and
$25,000,000 is under Foreign Military Financing Program.
In addition to prior year funds from the RRF made available
by subsection (b)(3) for Jordan and Tunisia, funds
appropriated in prior Acts that are made available for the
RRF should also be made available for assistance for Lebanon
and for countries in East and West Africa, the Sahel, and the
Lake Chad Basin region.
Funds made available for the RRF shall be made available,
to the maximum extent practicable, on a cost-matching basis
from sources other than the United States Government.
Prevention of Failed States Through Public-Private
Partnerships.--Subsection (c) makes up to $10,000,000
available to develop and implement a public-private
partnerships program to accelerate a coherent approach to
development in fragile states and states threatened or
adversely impacted by economic and political instability or
violent extremism, which shall be in addition to other
bilateral assistance for such states.
In implementing such public-private partnership program,
the Secretary of State and the USAID Administrator shall: (1)
ensure the program is fully integrated and consistent with
the development strategy for recipient countries; (2) require
the central government to commit to implementation of such
program in a transparent and accountable manner; (3)
prioritize the participation of local organizations in
participating as implementers and provide for the training
and mentoring of such organizations; and (4) coordinate and
ensure complementarity with other bilateral and regional
programs funded by the Act and prior Acts, and with other
development and security programs conducted by other
Federal agencies and international donors.
Prior to the obligation of funds made available by the Act
for such program, the Secretary of State and USAID
Administrator shall jointly submit a report to the Committees
on Appropriations detailing: (1) the states potentially
eligible for the program; (2) the requirements of the central
governments for participation in the program and program
conditionality, if any; and (3) benchmarks to measure the
effectiveness of such program.
Countering Violent Extremism in Asia.--USAID's Regional
Development Mission for Asia shall consult with the
Committees on Appropriations on the design and implementation
of programs to counter violent extremism in Asia, including
within, and among, Buddhist communities in Burma, Cambodia,
Laos, Sri Lanka, Tibet, Thailand, and Vietnam.
Section 7072. United Nations Population Fund (unchanged)
Section 7073. Reorganization and Information Technology
(modified)
Funds made available by the Act are provided in the amounts
necessary for, and for the purposes of, maintaining the on-
board Foreign Service and Civil Service staff levels of the
Department of State and USAID at not less than the levels as
of December 31, 2017. This assumes such levels reflect
minimum necessary hiring, and the Secretary of State and
USAID Administrator should work with the Committees on
Appropriations to increase hiring above such levels, as
appropriate. The explanatory statement accompanying division
K of Public Law 115-141 contains a similar directive, with
which the Department of State and USAID have not complied.
The bill assumes sufficient funding for introductory
classes for the Department of State Foreign Service (A-100
classes) at the pre-fiscal year 2017 rate, and the Secretary
of State shall continue such classes in such manner. The
Secretary shall report to the appropriate congressional
committees not later than 45 days after enactment of the Act
on the schedule for the A-100 classes.
Pursuant to subsection (a)(1), the notification shall
include: (1) a detailed description of, and justification
for, the proposed action, including any policies or
procedures currently or expected to be used to implement
Executive Order 13781; (2) the current organizational chart,
showing the operating units of the respective department,
agency or organization and a brief description of each
operating unit; the number of employees for each operating
unit; the proposed new organizational chart with descriptions
of each new operating unit; and the number of employees once
the proposed reorganization is complete; (3) an assessment of
how the proposed action will improve the efficiency,
effectiveness, performance, and accountability (including
through modernizing information technology platforms and
streamlining administrative functions) of the department,
agency, or organization; (4) an analysis of the impact of any
such change on the ability to advance the national interest
of the United States through diplomacy and development, and
to conduct adequate monitoring and oversight of foreign
assistance programs, and any legislative change necessary to
implement such proposals; (5) the estimated cost, including
for design, implementation, facilities, and personnel for
fiscal years 2019 and 2020; (6) the estimated timeline to
complete the proposed action; and (7) an assessment of any
cost savings and efficiencies achieved through implementation
of each element of the proposed action.
The USAID Administrator shall update, as appropriate and in
writing, the Committees on Appropriations if implementing the
recommendations and conclusions of the Foreign Assistance
Review (FAR) would affect the information or proposed changes
in USAID ``Reorg CNs #1-9''.
In addition, not later than 60 days after completion of the
FAR, the Secretary of State and USAID Administrator shall
submit a report to the Committees on Appropriations detailing
the anticipated impact of the FAR on Department of State and
USAID programs and operations in future fiscal year budget
requests.
Pursuant to subsection (b)(2)(A), the report shall include
the following information on a quarterly basis: (1) actual
obligations to date for all implementation costs associated
with ``Reorg CNs #1-9'' by the categories detailed in USAID's
response to the Committees on Appropriations on October 30,
2018, to include the salaries and benefits of United States
Direct Hire employees working directly on implementation of
each reorganization and the source of such funding; (2) a
project status and projected timeline for each of the
reorganizations based on the milestones and timelines
provided to the Committees on Appropriations on October 30,
2018; and (3) actual and anticipated United States Direct
Hire workforce level changes by bureau and operating unit as
a result of the reorganizations, including staffing shifts
between functions.
Not later than 60 days after completion of the zero-based
budgeting and personnel staffing exercise being conducted in
support of USAID's transformation initiative, the USAID
Administrator shall submit to the Committees on
Appropriations a detailed report that includes: (1) a summary
of the operating and personnel costs, including such costs
that are paid from program funds, of each operating unit,
overseas mission, or overseas office prior to transformation;
(2) an estimate of such costs for each operating unit,
overseas mission, or overseas office after transformation;
and (3) a comparison of the total operating cost of the
Agency prior to, and after, transformation detailed by
Overseas Missions costs, Washington Support costs, and
Central Support costs, and their subcategories.
The USAID Administrator shall regularly consult with the
appropriate congressional committees and development
stakeholders on efforts to transition nations from assistance
recipients to enduring diplomatic, economic, and security
partners, which shall include any changes to the guiding
principles and metrics to support such efforts, and on other
matters related to the implementation plan required by
section 7069(b) of division K of Public Law 115-141.
Not later than 180 days after enactment of the Act, the
Secretary of State and USAID Administrator shall submit to
the appropriate congressional committees an updated
implementation plan on country transitions from assistance,
as required by section 7069(b)(2) of division K of Public Law
115-141.
The waiver authority and notification requirement of
section 7015(e) of this Act shall apply to the requirements
of paragraph (1) of this subsection.
Section 7074. Rescissions (modified)
Section 7075. John S. McCain Scholars Program (new)
The bill includes $1,600,000 for three scholarship and
fellowship programs in honor of the late Senator John S.
McCain for the purposes outlined in, and the amounts
specified under, Educational and Cultural Exchange Programs
in the Senate report.
Section 7076. Afghan Special Immigrant Visas (new)
The Department of State is directed to create and implement
a system of prioritization
[[Page H911]]
for the processing of Afghan Special Immigrant Visa
applicants based on the threats they face and after reviewing
the facts of each case, giving appropriate consideration to
those applicants who, during their qualifying service,
assisted in combat operations.
Section 7077. Saudi Arabia (new)
The Act does not include the following general provisions
from division K of Public Law 115-141: Section 7056, Section
7064, Section 7069, and Section 7080.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The Act provides an additional $3,225,971,000 for
Diplomatic Programs, of which $2,626,122,000 is for WSP, for
the extraordinary costs of operations and security, including
in Afghanistan, Pakistan, Iraq, areas of unrest, and high
threat and high risk posts, which is designated for OCO/GWOT
pursuant to BBEDCA.
Within the total, up to $5,000,000 may be transferred to
other agencies to support operations in, and assistance for,
Afghanistan. The Secretary of State shall include in the
operating plan required by section 7070(a) of the Act a
description of any funds transferred to other agencies in
support of Afghanistan operations, including projected
transfer amounts and the number of staff supported by each
agency, and operating levels for Afghanistan, Pakistan, and
Iraq.
OFFICE OF INSPECTOR GENERAL
The Act provides an additional $54,900,000 for Office of
Inspector General for the SIGAR, which is designated for OCO/
GWOT pursuant to BBEDCA.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The Act provides an additional $96,240,000 for
Contributions to International Organizations for the
extraordinary costs of United Nations missions, including in
Afghanistan, Iraq, Libya, and Somalia, which is designated
for OCO/GWOT pursuant to BBEDCA.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The Act provides an additional $988,656,000 for
Contributions for International Peacekeeping Activities for
peacekeeping operations, including in the Middle East and
Africa, which is designated for OCO/GWOT pursuant to BBEDCA.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
The Act provides an additional $158,067,000 for Operating
Expenses for the extraordinary costs of operations in
countries in conflict and areas of instability and violence,
including in Afghanistan, Pakistan, and Iraq, which is
designated for OCO/GWOT pursuant to BBEDCA.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
International Disaster Assistance
The Act provides an additional $584,278,000 for
International Disaster Assistance for the extraordinary costs
of the United States response to international disasters and
crises, including those resulting from conflict, which is
designated for OCO/GWOT pursuant to BBEDCA. Funds
appropriated under this heading shall be apportioned to USAID
not later than 60 days after enactment of the Act.
TRANSITION INITIATIVES
The Act provides an additional $62,043,000 for Transition
Initiatives for the extraordinary costs of assistance for
conflict countries and countries emerging from conflict,
which is designated for OCO/GWOT pursuant to BBEDCA.
ECONOMIC SUPPORT FUND
The Act provides an additional $1,172,336,000 for Economic
Support Fund for the extraordinary costs of assistance for
countries in conflict and areas of instability and violence,
including Afghanistan, Pakistan, and countries in the Middle
East and Africa, which is designated for OCO/GWOT pursuant to
BBEDCA.
Department of State
MIGRATION AND REFUGEE ASSISTANCE
The Act provides an additional $1,404,124,000 for Migration
and Refugee Assistance for the extraordinary costs to respond
to refugee crises overseas, which is designated for OCO/GWOT
pursuant to BBEDCA.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
PEACEKEEPING OPERATIONS
The Act provides an additional $325,213,000 for
Peacekeeping Operations for the extraordinary costs of
peacekeeping requirements, including the United States share
of the UN Support Office in Somalia, which is designated for
OCO/GWOT pursuant to BBEDCA.
Funds Appropriated to the President
FOREIGN MILITARY FINANCING PROGRAM
The Act provides an additional $229,372,000 for Foreign
Military Financing Program for the extraordinary costs of
assistance for countries in conflict and areas of instability
and violence, including to counter Russian influence and
aggression, which is designated for OCO/GWOT pursuant to
BBEDCA.
GENERAL PROVISIONS
Section 8001. Additional Appropriations
This section clarifies that amounts appropriated by this
title are in addition to amounts appropriated or otherwise
made available in the Act for fiscal year 2019.
Section 8002. Extension of Authorities and Conditions
This section requires that the authorities and conditions
applicable to funding elsewhere in the Act are applicable to
funds in this title.
Section 8003. Transfer of Funds
Subsection (a) provides certain transfer authorities for
funds appropriated by this title in the Act.
Subsection (b) provides authority for the Secretary of
State to transfer funds appropriated by this title in the Act
under Peacekeeping Operations and Foreign Military Financing
Program in an amount that shall not exceed $7,500,000 to
Global Security Contingency Fund.
Subsection (c) requires that any transfers pursuant to
subsection (a) may only be exercised to address
contingencies.
Subsection (d) requires that the transfer authority
provided by subsections (a) and (b) is subject to prior
consultation with, and the regular notification procedures
of, the Committees on Appropriations.
Section 8004. Rescission
This section rescinds $301,200,000 from unobligated
balances from amounts made available under Diplomatic and
Consular Programs in title II of the Security Assistance
Appropriations Act, 2017, which is designated for OCO/GWOT
pursuant to BBEDCA.
[[Page H912]]
[GRAPHIC] [TIFF OMITTED] TH180119.130
[[Page H913]]
[GRAPHIC] [TIFF OMITTED] TH180119.131
[[Page H914]]
[GRAPHIC] [TIFF OMITTED] TH180119.132
[[Page H915]]
[GRAPHIC] [TIFF OMITTED] TH180119.133
[[Page H916]]
[GRAPHIC] [TIFF OMITTED] TH180119.134
[[Page H917]]
[GRAPHIC] [TIFF OMITTED] TH180119.135
[[Page H918]]
[GRAPHIC] [TIFF OMITTED] TH180119.136
[[Page H919]]
[GRAPHIC] [TIFF OMITTED] TH180119.137
[[Page H920]]
[GRAPHIC] [TIFF OMITTED] TH180119.138
[[Page H921]]
[GRAPHIC] [TIFF OMITTED] TH180119.139
[[Page H922]]
[GRAPHIC] [TIFF OMITTED] TH180119.140
[[Page H923]]
[GRAPHIC] [TIFF OMITTED] TH180119.141
[[Page H924]]
[GRAPHIC] [TIFF OMITTED] TH180119.142
[[Page H925]]
[GRAPHIC] [TIFF OMITTED] TH180119.143
[[Page H926]]
[GRAPHIC] [TIFF OMITTED] TH180119.144
[[Page H927]]
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2019
CONGRESSIONAL DIRECTIVES
Unless otherwise noted, the language and allocations set
forth in the House report (House Report 115-750) and the
Senate report (Senate Report 115-268) carry the same weight
as language included in this statement and should be complied
with unless specifically addressed to the contrary in this
division or statement. House report language and Senate
report language, neither of which is changed by this
statement, is a result of the 2019 appropriations agreement.
This statement, while repeating some report language for
emphasis, does not intend to negate the language referred to
above unless expressly provided herein. In cases where the
House or the Senate has directed the submission of a report,
such report is to be submitted to both the House and Senate
Committees on Appropriations. The Department of
Transportation and the Department of Housing and Urban
Development are directed to notify the House and Senate
Committees on Appropriations seven days prior to the
announcement of a new program, initiative, or authority. Any
reprogramming requests must be submitted to the Committees on
Appropriations no later than June 30, 2019.
TITLE I--DEPARTMENT OF TRANSPORTATION
Infrastructure.--No modification of the next Conditions and
Performance report required under 23 U.S.C. 503(b)(8) and 49
U.S.C. 308(e) is directed.
Office of the Secretary
SALARIES AND EXPENSES
The bill provides $113,910,000 for the salaries and
expenses of the Office of the Secretary. No specific cap on
Full-Time Equivalents (FTE) either in total or by individual
office is included.
Service animals.--House direction regarding the review of
airline modifications to service animal policies is
reiterated, as is direction included in the Senate report
within the Federal Aviation Administration (FAA) Operations
account expecting the Department to work with stakeholders
regarding regulations defining types of service animals.
Army Corps of Engineers Reorganization.--The Department of
Transportation is not provided with resources to undertake
any reorganization or planning efforts related to a transfer
of functions from the Army Corps of Engineers to the
Department of Transportation.
RESEARCH AND TECHNOLOGY
The bill provides $8,471,000 for research and technology,
of which $2,218,000 shall remain available until September
30, 2021.
NATIONAL INFRASTRUCTURE INVESTMENTS
The bill provides $900,000,000 for national infrastructure
investments, to remain available until September 30, 2021.
Not more than 50 percent of funds awarded shall be for
projects located in a rural area with a population of less
than 200,000 and not more than 50 percent shall be for
projects located in an urban or suburban area with a
population of more than 200,000. Although still eligible for
an award, no minimum amount of funding is directed for
projects located in and around major seaports. The criteria
to be used for grant awards is not directed to be the same
criteria from the fiscal year 2016 Notice of Funding
Opportunity (NOFO); instead, the Secretary is directed to use
the same criteria from the fiscal year 2017 NOFO as published
in the Federal Register on September 7, 2017 to make award
decisions with the exception of the use of Federal share or
an applicant's ability to generate non-Federal revenue as a
selection criteria in awarding projects. The Secretary is not
directed to prioritize multimodal projects and projects on
major corridors of the national freight network when awarding
projects in urbanized areas. The Secretary is not directed to
prioritize applications for bridge replacement and
rehabilitation projects, including off-system bridges, or to
prioritize applications that demonstrate cost savings by
bundling multiple rural bridge projects into a single
proposal, when awarding projects in a rural area.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
The bill provides $5,000,000 for the national surface
transportation and innovative finance bureau, to remain
available until expended. The bureau is directed to carry out
its various responsibilities including administration of
grants and loans provided through the Infrastructure for
Rebuilding America (INFRA) program within this amount. The
bureau is not expected to administer the maritime guaranteed
loan (title XI) program.
FINANCIAL MANAGEMENT CAPITAL
The bill provides $2,000,000 for the financial management
capital program, to remain available until September 30,
2020. The funding provided is sufficient to carry out Data
Act compliance requirements at the Department in fiscal year
2019.
CYBER SECURITY INITIATIVES
The bill provides $15,000,000 for departmental cyber
security initiatives, to remain available until September 30,
2020.
OFFICE OF CIVIL RIGHTS
The bill provides $9,470,000 for the office of civil
rights.
TRANSPORTATION PLANNING, RESEARCH AND DEVELOPMENT
The bill provides $7,879,000 for planning, research and
development activities, to remain available until expended,
of which $1,000,000 is for the Interagency Infrastructure
Permitting Improvement Center (IIPIC).
WORKING CAPITAL FUND
The bill limits expenditures for working capital fund
activities to $319,793,000. The $115,910,000 limitation
increase is provided to support the Department's shared
services initiative in commodity information technology.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
The bill provides $500,000 for the minority business
resource center program.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
The bill provides $3,488,000 for small and disadvantaged
business utilization and outreach, to remain available until
September 30, 2020.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $175,000,000 for payments to air carriers
to remain available until expended.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits funds available to the Department of
Transportation from being obligated for the Office of the
Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to
the modal administrations, except for activities underway on
the date of enactment of his Act, unless such assessments or
agreements have completed the normal reprogramming process
for Congressional notification.
Section 102 requires the Secretary of Transportation to
post on the internet a schedule of all Council on Credit and
Finance meetings, agendas, and meeting minutes.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for
the Federal transit pass fringe benefit program, and to
provide full or partial payments to, and to accept
reimbursements from, Federal agencies for transit benefit
distribution services.
Federal Aviation Administration
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $10,410,758,000 for the operations of the
Federal Aviation Administration (FAA), to remain available
until September 30, 2020. Of the total amount provided,
$9,833,400,000 is to be derived from the airport and airway
trust fund. Funds are distributed in the bill by budget
activity.
The following table compares the agreement to the levels
proposed in the budget request by activity:
------------------------------------------------------------------------
Conference
Budget Request Agreement
------------------------------------------------------------------------
Air Traffic Organization.......... $7,495,690,000 $7,841,720,000
Aviation Safety................... 1,276,255,000 1,336,969,000
Commercial Space Transportation... 21,578,000 24,949,000
Finance and management............ 771,010,000 816,398,000
NextGen and operations planning... 58,536,000 61,258,000
Security and Hazardous Materials 105,558,000 114,165,000
Safety...........................
Staff offices..................... 202,685,000 215,299,000
Total......................... 9,931,312,000 10,410,758,000
------------------------------------------------------------------------
Unmanned aircraft systems.--The bill provides $56,000,000
for unmanned aircraft systems integration (UAS) activities
within the operations account, to be distributed as follows:
$27,375,000 for the Air Traffic Organization; $27,375,000 for
Aviation Safety; $750,000 for Security and Hazardous
Materials Safety; and $500,000 for the Office of
Communications within staff offices.
UAS integration pilot program.--The FAA is directed to
enter into additional UAS Integration Pilot Program (IPP)
agreements with state, local and tribal governments. However,
the FAA is directed to undertake these activities without
incurring additional costs through grants or cooperative
agreements, and is directed to submit a report to the House
and Senate Committees on Appropriations on the expected
annual costs of the program prior to entering into additional
IPP agreements. The FAA should prioritize all
congressional mandates prior to expanding the IPP program.
NextGen Report.--The FAA is directed to include information
on the implementation of NextGen capabilities at commercial
service airports when it publishes its annual NextGen
Implementation Plan as required under section 208 of Public
Law 112-95.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $3,000,000,000 for facilities and
equipment. Of the total amount available, $512,823,000 is
available until September 30, 2020; $2,372,127,000 is
available until September 30, 2021; and $115,050,000 is
available until expended.
The following table provides details by program:
[[Page H928]]
------------------------------------------------------------------------
Conference
Budget Request Agreement
------------------------------------------------------------------------
Activity 1--Engineering,
Development, Test and
Evaluation
Advanced Technology $33,000,000........ $33,000,000
Development and Prototyping.
William J. Hughes Technical 21,000,000......... 21,000,000
Center Laboratory
Sustainment.
William J. Hughes Technical 12,000,000......... 15,000,000
Center Infrastructure
Sustainment.
Separation Management 16,589,000......... 16,000,000
Portfolio.
Traffic Flow Management 14,000,000......... 14,000,000
Portfolio.
On Demand NAS Portfolio..... 20,500,000......... 21,000,000
NAS Infrastructure Portfolio 13,500,000......... 20,000,000
NextGen Support Portfolio... 12,800,000......... 12,800,000
Unmanned Aircraft Systems 14,000,000......... 25,000,000
(UAS).
Enterprise, Concept 9,500,000.......... 16,500,000
Development, Human Factors,
& Demonstrations Portfolio.
---------------------------------------
TOTAL ACTIVITY 1........ 166,889,000........ 194,300,000
---------------------------------------
Activity 2--Air Traffic Control
Facilities and Equipment
a. En Route Programs
En Route Automation 102,050,000........ 115,250,000
Modernization (ERAM)--
System Enhancements and
Tech Refresh.
En Route Communications 1,650,000.......... 1,650,000
Gateway (ECG).
Next Generation Weather 5,500,000.......... 7,500,000
Radar (NEXRAD)--Provide.
Air Route Traffic 88,050,000......... 88,050,000
Control Center (ARTCC)
& Combined Control
Facility (CCF) Building
Improvements.
Air Traffic Management 6,200,000.......... 12,055,000
(ATM).
Air/Ground 10,541,000......... 8,750,000
Communications
Infrastructure.
Air Traffic Control En 6,600,000.......... 6,600,000
Route Radar Facilities
Improvements.
Voice Switching and 11,400,000......... 11,400,000
Control System (VSCS).
Oceanic Automation 17,500,000......... 23,100,000
System.
Next Generation Very 50,000,000......... 60,000,000
High Frequency Air/
Ground Communications
(NEXCOM).
System-Wide Information 58,807,000......... 55,300,000
Management.
ADS-B NAS Wide 123,748,000........ 139,150,000
Implementation.
Collaborative Air 17,700,000......... 17,700,000
Traffic Management
Technologies.
Time Based Flow 21,150,000......... 28,150,000
Management Portfolio.
NextGen Weather 24,650,000......... 28,650,000
Processors.
Airborne Collision 7,700,000.......... 7,700,000
Avoidance System X
(ACASX).
Data Communications in 113,850,000........ 118,902,000
Support of NG Air
Transportation System.
Non-Continental United 14,000,000......... 14,000,000
States (Non-CONUS)
Automation.
Reduced Oceanic ................... 17,500,000
Separation.
En Route Service 1,000,000.......... 1,000,000
Improvements.
Commercial Space 7,000,000.......... 9,000,000
Integration.
---------------------------------------
Subtotal En Route 689,096,000........ 771,407,000
Programs.
---------------------------------------
b. Terminal Programs
Airport Surface ................... 2,500,000
Detection Equipment--
Model X (ASDE-X).
Terminal Doppler Weather 4,500,000.......... 4,500,000
Radar (TDWR)--Provide.
Standard Terminal 66,900,000......... 66,900,000
Automation Replacement
System (STARS) (TAMR
Phase 1).
Terminal Automation 9,012,000.......... 8,000,000
Modernization/
Replacement Program
(TAMR Phase 3).
Terminal Automation 8,500,000.......... 8,500,000
Program.
Terminal Air Traffic 19,200,000......... 19,200,000
Control Facilities--
Replace.
ATCT/Terminal Radar 95,850,000......... 95,850,000
Approach Control
(TRACON) Facilities--
Improve.
Terminal Voice Switch 9,574,000.......... 10,000,000
Replacement (TVSR).
NAS Facilities OSHA and 41,900,000......... 41,900,000
Environmental Standards
Compliance.
Airport Surveillance 12,800,000......... 12,800,000
Radar (ASR-9).
Terminal Digital Radar 1,000,000.......... 1,000,000
(ASR-11) Technology
Refresh and Mobile
Airport Surveillance
Radar (MASR).
Runway Status Lights.... 2,000,000.......... 2,000,000
National Airspace System 43,150,000......... 43,150,000
Voice System (NVS).
Integrated Display 19,459,000......... 18,000,000
System (IDS).
Remote Monitoring and 18,100,000......... 18,100,000
Logging System (RMLS).
Mode S Service Life 15,400,000......... 15,400,000
Extension Program
(SLEP).
Terminal Flight Data 119,250,000........ 119,250,000
Manager (TFDM).
National Air Space (NAS) 14,000,000......... 14,000,000
Voice Recorder Program
(NVRP).
Integrated Terminal 2,100,000.......... 2,100,000
Weather System (ITWS).
Performance Based 20,000,000......... 20,000,000
Navigation & Metroplex
Portfolio.
---------------------------------------
Subtotal Terminal 522,695,000........ 523,150,000
Programs.
---------------------------------------
c. Flight Service Programs
Aviation Surface 10,976,000......... 10,000,000
Observation System
(ASOS).
Future Flight Services 10,100,000......... 10,100,000
Program.
Alaska Flight Service 2,650,000.......... 2,650,000
Facility Modernization
(AFSFM).
Weather Camera Program.. 1,100,000.......... 1,100,000
Juneau Airport Wind 1,000,000.......... 1,000,000
System (JAWS)--
Technology Refresh.
---------------------------------------
Subtotal Flight Service 25,826,000......... 24,850,000
Programs.
---------------------------------------
d. Landing and Navigational
Aids Program
VHF Omnidirectional 15,000,000......... 20,000,000
Radio Range (VOR)
Minimum Operating
Network (MON).
Instrument Landing ................... 25,000,000
System (ILS)--Establish.
Wide Area Augmentation 96,320,000......... 96,320,000
System (WAAS) for GPS.
Instrument Flight 1,400,000.......... 1,400,000
Procedures Automation
(IFPA).
Runway Safety Areas-- 2,000,000.......... 2,000,000
Navigational Mitigation.
NAVAIDS Monitoring 3,000,000.......... 3,000,000
Equipment.
Landing and Lighting 42,372,000......... 31,000,000
Portfolio.
---------------------------------------
Subtotal Landing and 160,092,000........ 178,720,000
Navigational Aids
Programs.
---------------------------------------
e. Other ATC Facilities
Programs
Fuel Storage Tank 25,700,000......... 25,700,000
Replacement and
Management.
[[Page H929]]
Unstaffed Infrastructure 51,050,000......... 51,050,000
Sustainment.
Aircraft Related 13,000,000......... 13,000,000
Equipment Program.
Airport Cable Loop 10,000,000......... 10,000,000
Systems--Sustained
Support.
Alaskan Satellite 16,300,000......... 16,300,000
Telecommunications
Infrastructure (ASTI).
Facilities 9,000,000.......... 9,000,000
Decommissioning.
Electrical Power 140,834,000........ 140,700,000
Systems--Sustain/
Support.
Energy Management and 2,400,000.......... 2,400,000
Compliance (EMC).
Child Care Center 1,000,000.......... 1,000,000
Sustainment.
FAA Telecommunications 6,700,000.......... 40,000,000
Infrastructure.
Data Visualization, 4,500,000.......... 4,500,000
Analysis and Reporting
System (DVARS).
TDM-to-IP Migration..... 3,000,000.......... 38,000,000
---------------------------------------
Subtotal Other ATC 283,484,000........ 351,650,000
Facilities Programs.
---------------------------------------
TOTAL ACTIVITY 2.... 1,681,193,000...... 1,849,777,000
---------------------------------------
Activity 3--Non-Air Traffic
Control Facilities and
Equipment
a. Support Equipment
Hazardous Materials 29,800,000......... 29,800,000
Management.
Aviation Safety Analysis 18,899,000......... 18,700,000
System (ASAS).
National Air Space (NAS) 12,200,000......... 12,000,000
Recovery Communications
(RCOM).
Facility Security Risk 18,608,000......... 17,800,000
Management.
Information Security.... 16,000,000......... 20,900,000
System Approach for 25,400,000......... 25,400,000
Safety Oversight (SASO).
Aviation Safety 6,000,000.......... 6,000,000
Knowledge Management
Environment (ASKME).
Aerospace Medical 14,078,000......... 14,000,000
Equipment Needs (AMEN).
System Safety Management 14,700,000......... 14,200,000
Portfolio.
National Test Equipment 5,000,000.......... 5,000,000
Program.
Mobile Assets Management 2,216,000.......... 2,200,000
Program.
Aerospace Medicine 16,100,000......... 16,100,000
Safety Information
Systems (AMSIS).
Tower Simulation System 500,000............ 500,000
(TSS) Technology
Refresh.
Logistics Support 7,100,000.......... 7,100,000
Systems and Facilities
(LSSF).
---------------------------------------
Subtotal Support 186,601,000........ 189,700,000
Equipment.
---------------------------------------
b. Training, Equipment and
Facilities
Aeronautical Center 14,298,000......... 14,000,000
Infrastructure
Modernization.
Distance Learning....... 1,000,000.......... 1,000,000
---------------------------------------
Subtotal Training, 15,298,000......... 15,000,000
Equipment and
Facilities.
---------------------------------------
TOTAL ACTIVITY 3.... 201,899,000........ 204,700,000
---------------------------------------
Activity 4--Facilities and
Equipment Mission Support
a. System Support and
Services
System Engineering and 38,000,000......... 39,700,000
Development Support.
Program Support Leases.. 47,000,000......... 47,000,000
Logistics and 11,000,000......... 12,500,000
Acquisition Support
Services.
Mike Monroney 20,200,000......... 20,200,000
Aeronautical Center
Leases.
Transition Engineering 17,000,000......... 22,000,000
Support.
Technical Support 23,000,000......... 28,000,000
Services Contract
(TSSC).
Resource Tracking 6,000,000.......... 6,000,000
Program (RTP).
Center for Advanced 57,000,000......... 57,000,000
Aviation System
Development (CAASD).
Aeronautical Information 6,819,000.......... 5,000,000
Management Program.
Cross Agency NextGen 1,000,000.......... 1,000,000
Management.
---------------------------------------
TOTAL ACTIVITY 4.... 227,019,000........ 238,400,000
---------------------------------------
Activity 5--Personnel and
Related Expenses
Personnel and Related 489,572,000........ 512,823,000
Expenses.
---------------------------------------
TOTAL ALL ACTIVITIES.... 2,766,572,000...... 3,000,000,000
------------------------------------------------------------------------
Enterprise, concept development, human factors, &
demonstrations portfolio.--The bill provides $16,500,000 for
enterprise concept development, human factors and
demonstration portfolio and adopts Senate direction regarding
the expansion of remote tower technologies.
Reduced Oceanic Separation.--The bill provides $17,500,000
for reduced oceanic separation and the FAA is encouraged to
work with industry partners to explore space-based ADS-B
technology-proving activities in the Caribbean airspace.
Next generation very high frequency air/ground
communications (NEXCOM).--The bill provides $60,000,000 for
NEXCOM, a baseline increase of $10,000,000, and adopts House
direction regarding segment 2 radios.
Next generation weather processor.--The bill provides
$28,650,000 for next generation weather processor to mitigate
the three year gap before the start of the work package 2
development currently in the FAA capital investment plan.
National Airspace System Voice System (NVS).--The bill
provides $43,150,000 for NVS program. This funding may be
used to add additional capabilities compatible with NextGen
technology and ensure sustainment of legacy voice switches at
the NVS program continues development.
VHF Omnidirectional Radio Range (VOR) Minimum Operating
Network (MON).--The bill provides $20,000,000 is provided for
VOR MON, $10,000,000 of which is for VOR with distance
measuring equipment (DME) to continue the FAA's efforts to
address the aging infrastructure of en route navigational
aids through the FAA's acquisition management process.
Telecommunications Infrastructure.--The bill provides
$40,000,000 for FAA telecommunications infrastructure, which
is $33,300,000 above the budget request. A portion of this
additional funding, as well as the funds provided for this
budget line item in fiscal year 2018, is to support the
replacement of obsolete infrastructure hardware and software.
Time division multiplexing (TDM)-to-Internet Protocol (IP)
migration.--The bill provides $38,000,000 for TDM to IP
migration, including funds to convert additional locations
from TDM to IP ethernet through an open and competitive
process for any edge devices.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
The bill provides $191,100,000 for the FAA's research,
engineering, and development activities, to remain available
until September 30, 2021.
[[Page H930]]
The agreement provides the following levels for specific
programs:
----------------------------------------------------------------------------------------------------------------
Program Budget Request Conference Agreement
----------------------------------------------------------------------------------------------------------------
Fire Research and Safety...................................... $4,867,000 7,200,000
Propulsion and Fuel Systems................................... 555,000 2,100,000
Advanced Materials/Structural Safety.......................... 2,300,000 14,720,000
Aircraft Icing/Digital System Safety.......................... 7,684,000 9,253,000
Continued Airworthiness....................................... 4,969,000 11,269,000
Aircraft Catastrophic Failure Prevention Research............. - - - 1,570,000
Flightdeck/Maintenance/System Integration Human Factors....... 5,052,000 7,305,000
System Safety Management...................................... 799,000 5,500,000
Air Traffic Control/Technical Operations Human Factors........ 1,436,000 5,800,000
Aeromedical Research.......................................... 3,875,000 9,080,000
Weather Program............................................... 6,580,000 15,476,000
Unmanned Aircraft Systems Research............................ 3,318,000 24,035,000
Alternative Fuels for General Aviation........................ - - - 1,900,000
Commercial Space.............................................. 2,500,000 2,500,000
Total Safety.............................................. 43,935,000 117,708,000
NextGen--Wake Turbulence...................................... 3,519,000 6,831,000
NextGen--Air Ground Integration Human Factors................. 1,336,000 6,757,000
NextGen--Weather Technology in the Cockpit.................... 1,525,000 3,644,000
NextGen--Flight Deck Data Exchange............................ 1,035,000 1,035,000
NextGen--Information Security................................. 1,232,000 1,232,000
Total Economic Competitiveness............................ 8,647,000 19,499,000
Environment and Energy........................................ 11,588,000 18,013,000
NextGen--Environmental Research--Aircraft Technologies, Fuels, 7,578,000 29,174,000
and Metrics..................................................
Total Environmental Sustainability........................ 19,166,000 47,187,000
System Planning and Resource Management....................... 1,480,000 2,135,000
William J. Hughes Technical Center Laboratory Facility........ 1,178,000 4,571,000
Total Mission Support..................................... 2,658,000 6,706,000
TOTAL................................................. 74,406,000 191,100,000
----------------------------------------------------------------------------------------------------------------
Advanced material/structural safety.--The bill provides
$14,720,000 for advanced material/structural safety,
including $6,000,000 to advance the use of new additive
materials (both metallic and non-metallic based additive
processes) into the commercial aviation industry, and
$4,000,000 to advance the use of fiber reinforced composite
material into the commercial aviation industry through the
FAA joint advanced materials and structures center of
excellence.
Unmanned aircraft systems (UAS) research.--The bill
provides $24,035,000 for UAS research, including $12,035,000
for the UAS center of excellence in UAS research, $2,000,000
to expand the center's role in transportation disaster
preparedness and response, and $10,000,000 to support UAS
research activities at the FAA technical center and other FAA
facilities.
UAS integration programs.--House and Senate direction
regarding the development of an Unmanned Traffic Management
(UTM) system, Low Altitude Authorization and Notification
Capability (LAANC), and the UTM Pilot Program is reiterated,
and the FAA is directed to provide the House and Senate
Committees on Appropriations with a report and research plan
consistent with House and Senate direction no later than 120
days after enactment of this Act.
Environmental sustainability.--The bill provides a total of
$47,187,000 for research related to environmental
sustainability that supports the CLEEN program, as well as
the center of excellence for alternative jet fuels and
environment. Within the total provided, the FAA is directed
to use $15,000,000 for the center of excellence.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The bill provides an obligation limitation of
$3,350,000,000 and a liquidating cash appropriation of
$3,000,000,000, to remain available until expended. Within
the obligation limitation, the bill provides not more than
$112,600,000 for administrative expenses, no less than
$15,000,000 for the airport cooperative research program, no
less than $33,210,000 for airport technology research, and
$10,000,000 for the small community air service development
program.
GRANTS-IN-AID FOR AIRPORTS
The bill provides $500,000,000 in new budget authority for
additional discretionary grants for airport construction
projects.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 allows no more than 600 technical staff-years
at the center for advanced aviation systems development.
Section 111 prohibits funds for adopting guidelines or
regulations requiring airport sponsors to provide FAA
``without cost'' building construction or space.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits funds for Sunday premium pay unless
work was actually performed on a Sunday.
Section 115 prohibits funds from being used to buy store
gift cards with Government issued credit cards.
Section 116 prohibits funds from being obligated or
expended for retention bonuses for FAA employees without
prior written approval of the DOT Assistant Secretary for
Administration.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
aircraft situational display to industry program upon the
request of an owner or operator.
Section 118 prohibits funds for salaries and expenses of
more than eight political and Presidential appointees in the
FAA.
Section 119 prohibits funds to increase fees under 49
U.S.C. 44721 until the FAA provides a report to the House and
Senate Committees on Appropriations that justifies all fees
related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Section 119A requires the FAA to notify the House and
Senate Committees on Appropriations at least 90 days before
closing a regional operations center or reducing the services
provided.
Section 119B prohibits funds from being used to change
weight restrictions or prior permission rules at Teterboro
Airport in New Jersey.
Section 119C prohibits funds from being used to withhold
from consideration and approval certain application for
participation in the contract tower program, or for certain
reevaluations of cost-share program participation.
Section 119D requires FAA to take certain actions regarding
organization delegation authorization.
Section 119E prohibits funds for construction of shelter
for snow equipment in excess of equipment needs unless the
airport sponsor certifies conformity with certain
requirements.
Section 119F requires the FAA to permit intermittent large
cargo air carriers to land in remote areas using alternative
meteorological weather reports.
Section 119G allows the transfer of funds from the
``Grants-in-Aid for Airports'' account to reimburse airports
affected by temporary flight restrictions for residences of
the President.
Federal Highway Administration
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
The bill limits obligations for the administrative expenses
of the Federal Highway Administration (FHWA) to $446,444,304.
In addition, the bill provides $3,248,000 for the
administrative expenses of the Appalachian Regional
Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations for the federal-aid highways
program to $45,268,596,000 in fiscal year 2019.
Alternative fuel corridors.--The Federal Highway
Administration (FHWA) is directed to deliver the report
required under 23 U.S.C. 151(e) to the House and Senate
Appropriations Committees when it is completed. No additional
reporting on alternative fuel corridors is required.
Infrastructure for Rebuilding America (INFRA) and freight
transportation.--The Secretary is expected to prioritize
INFRA funding awards to port projects and the intermodal
connections that serve those facilities, where eligible under
the FAST Act.
Autonomous Vehicles and Pavement Performance.--The
Department is directed to consider and evaluate the impact of
autonomous vehicles, particularly commercial vehicles, on
pavement service life when conducting research on pavement
performance.
Manual on Uniform Traffic Control Devices (MUTCD).--The
FHWA is directed to publish a schedule for an update to the
MUTCD for the safe use of our roadways by both human drivers
and automated vehicles.
Rubber modified asphalt usage.--A study of rubber modified
asphalt technology within the amount provided for research is
not directed: instead the Secretary is directed,
[[Page H931]]
through the academic and scientific community, to consider
the performance, longevity, and safety benefits of rubber
modified asphalt when conducting research on other topics
related to the application of this technology. Such
consideration should include state acceptance of and
government barriers to the use of rubber modified asphalt.
The Secretary is directed to report the Secretary's findings
to the House and Senate Committees on Appropriations, the
House Energy and Commerce Committee, and the Senate Commerce,
Science, and Transportation Committee as relevant research is
completed.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation of
$46,007,596,000, which is available until expended, to pay
the outstanding obligations of the various highway programs
at the levels provided in this Act and prior appropriations
acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
The bill provides $3,250,000,000 from the general fund, of
which $2,729,000,000 is for state road and bridge projects,
$16,000,000 is for the Puerto Rico highway program,
$5,000,000 is for the territorial highway program,
$25,000,000 is for the nationally significant federal lands
and tribal projects program, and $475,000,000 is for a bridge
replacement and rehabilitation program in qualifying states
that have a disproportionate percentage of bridge surface
that is in poor condition.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes the federal-aid highways program
obligation limitation.
Section 121 allows funds received by the Bureau of
Transportation Statistics from the sale of data products to
be credited to the federal-aid highways account.
Section 122 provides requirements for any waiver of Buy
America requirements.
Section 123 prohibits funds from being used to provide
credit assistance under sections 603 and 604 of title 23,
United States Code, unless the Secretary of Transportation
notifies the House and Senate Committees on Appropriations,
the Senate Committee on Environment and Public Works, the
Senate Committee on Banking, Housing and Urban Affairs, and
the House Committee on Transportation and Infrastructure at
least three days prior to credit application approval.
Section 124 requires 60-day notification to the Committees
on Appropriations for any INFRA grants awarded under 23
U.S.C. 117 provided that such notification shall be made no
later than 180 days from the date of enactment of this Act.
Section 125 allows state DOTs to repurpose certain highway
project funding to be used within 50 miles of its original
designation.
Federal Motor Carrier Safety Administration
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill includes a liquidation of contract authorization
and a limitation on obligations of $284,000,000 for the
operations and programs of the Federal Motor Carrier Safety
Administration (FMCSA). Of this limitation, $9,073,000 is for
the research and technology program and $34,824,000 is for
information management, to remain available for obligation
until September 30, 2021.
Bus and lease interchange rule.--A provision is included
prohibiting funds from being used to implement, enforce, or
make effective the May 27, 2015 ``Lease and Interchange of
Vehicles'' rule and therefore direction to modify that same
rule is not included. However, DOT is not prohibited from
proceeding with a new rule that incorporates input from
stakeholders.
Pilot program completion.--FMCSA is directed to ensure the
safe and timely completion of the flexible sleeper berth
pilot program.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation of
$382,800,000 and a limitation on obligations of $382,800,000
for motor carrier safety grants.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or
some other manner of delivery which records receipt of the
notice by the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
electronic logging device rule with respect to carriers
transporting livestock or insects.
Section 132 prohibits funds from being used to implement,
enforce, or otherwise make effective a rule related to the
lease and interchange of vehicles by motor carriers of
passengers.
National Highway Traffic Safety Administration
OPERATIONS AND RESEARCH
The bill provides $190,000,000 from the general fund for
operations and research. Of this amount, $40,000,000 shall
remain available until September 30, 2020.
In addition to salaries and expenses, the bill provides
$25,000,000 for rulemaking programs, of which not less than
$16,000,000 is for the new car assessment program,
$33,000,000 for enforcement programs, of which not less than
$20,000,000 is for the Office of Defects Investigation, and
$49,000,000 for research and analysis programs, of which not
less than $15,000,000 is for vehicle electronics and emerging
technologies which includes research of automated vehicle
technologies.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $152,100,000, to remain available
until expended, which reflects the authorized level of
contract authority. Consistent with the FAST Act, the bill
includes $5,312,000 for in-vehicle alcohol detection device
research.
Additional highway safety funding.--The bill provides
$14,000,000 in additional highway safety funding through the
general fund under section 143 of this title. Of this amount,
the bill provides $7,000,000 to support a high visibility
enforcement paid-media campaign in the area of highway-rail
grade crossing safety. NHTSA is directed to coordinate these
resources with other highway safety media campaigns, and to
work collaboratively with the Federal Railroad Administration
on the campaign's message development. The remaining
$7,000,000 is to be used for grants, pilot program
activities, and other innovative solutions to reduce
impaired-driving fatalities including law enforcement
awareness, training, and other countermeasures that improve
safety and reduce impaired driving fatalities associated with
both drug and alcohol impairment. Countermeasure activities
shall include those likely to provide the greatest reductions
in impaired driving, that are applicable or transferable
broadly within law enforcement, or which promise to increase
efficiency in the recognition, enforcement, and processing of
impaired drivers on the nation's highways.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill provides a liquidating cash appropriation and an
obligation limitation of $610,208,000 for highway traffic
safety grants, to remain available until expended.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority made available in
previous public laws from the obligation limitations set for
the current year.
Section 142 prohibits funds from being used to mandate
global positioning systems in private vehicles without
consideration of privacy concerns.
Section 143 provides additional funding for highway safety
programs.
Federal Railroad Administration
SAFETY AND OPERATIONS
The bill provides $221,698,000 for safety and operations of
the Federal Railroad Administration (FRA). Of the funds
provided, $18,000,000 is available until expended.
The following priorities are funded:
------------------------------------------------------------------------
------------------------------------------------------------------------
Safe transportation of energy products.................. $2,000,000
Automated track inspection program and data analysis.... 16,500,000
Railroad safety information system and front end 4,800,000
interface..............................................
Positive train control (PTC) support program............ 10,000,000
Confidential close call program......................... 3,000,000
Trespasser prevention strategy and risk model........... 500,000
National bridge system inventory update and model 600,000
modification...........................................
------------------------------------------------------------------------
FRA is required to submit the information detailed in the
Senate report on railroad PTC status, enforcement plans, and
effects on rail service 30 days after enactment of this Act.
RAILROAD RESEARCH AND DEVELOPMENT
The bill provides $40,600,000, to remain available until
expended, for railroad research and development. This amount
includes $2,500,000 to improve safety practices and training
for Class II and Class III freight railroads; $2,000,000 for
tank car research related to the safe transportation of
energy products in partnership with other Federal agencies;
and up to $5,000,000 for partnerships with qualified
universities for research on rail system safety, capacity and
efficiency, of which $1,000,000 is for research with
universities on intelligent railroad systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Secretary is authorized to issue direct loans and loan
guarantees pursuant to sections 501 through 504 of P.L. 94-
210.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
The bill provides $400,000,000, to remain available until
expended, for grants authorized by section 24911 of title 49,
United States Code, and allow the Secretary to withhold up to
one percent for project management and oversight of these
grants. In addition, the Secretary is directed to issue a
notice of funding opportunity (NOFO) consistent with
[[Page H932]]
the guidelines from the FAST Act for all funds appropriated
in fiscal years 2017, 2018, and 2019 within 30 days of
enactment of this Act, and make awards within 180 days of
enactment of this Act. The Federal-State Partnership for
State of Good Repair projects eligible under 24911(c) are
authorized to include all capital projects to replace or
rehabilitate qualified railroad assets, consistent with the
requirements of section 24911 of title 49. This program helps
protect existing rail infrastructure and funds investments
and maintenance that can avoid costly repairs in the future.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
The bill provides $255,000,000 to remain available until
expended, for consolidated rail infrastructure and safety
improvements grants, and direct the Department to prioritize
funds for railroads that are most at risk of not meeting the
PTC deadline.
RESTORATION AND ENHANCEMENT
The bill provides a total of $5,000,000, to remain
available until expended, for restoration and enhancement
grants authorized by section 24408 of title 49 U.S.C.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
The bill provides a total of $10,000,000, to remain
available until expended, for deployment of magnetic
levitation transportation projects.
THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
The bill provides a total of $1,941,600,000 for the
National Railroad Passenger Corporation. Amtrak is directed
to provide discounted passenger fares to veterans (as defined
in section 101 of title 38, United States Code) consistent
with the discounted passenger fares currently provided to
active duty military personnel, and to submit with its fiscal
year 2020 congressional justification a report that addresses
items enumerated in the House and Senate reports on charter,
special, and private trains. Amtrak is also directed to
evaluate options to address the weekday Northeast Regional
Train between Washington and Boston and to submit a report
within 90 days of enactment of this Act.
Amtrak is directed to provide a station agent in each
Amtrak station that had a ticket agent in fiscal year 2018.
Station agents, which include Amtrak ticket agents or
caretakers, assist passengers with their intercity rail
travel, provide customer service during all hours that a
station is open, and perform building maintenance duties.
Amtrak is directed to improve communication and collaboration
with local partners and take into consideration the unique
needs of each community, including impacts to local jobs,
when making decisions related to the staffing of Amtrak
stations, and to work with stakeholders to maximize the
efficiency of these station agents.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
The bill provides $650,000,000 for the Secretary to make
grants for activities associated with the Northeast Corridor
(NEC), defined as the main line between Boston,
Massachusetts, and the District of Columbia, and the
facilities and services used to operate and maintain that
line.
The Secretary is allowed to retain up to one-half of one
percent of the total provided to Amtrak for project
management and oversight costs and require not less than
$50,000,000 to bring Amtrak-served facilities and stations
into compliance with the Americans with Disabilities Act. The
bill allows up to $5,000,000 of the NEC grants to fund the
NEC Commission expenses.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
The bill provides $1,291,600,000 for the Secretary to make
grants for activities associated with the National Network.
National Network Grants provide operating and capital funding
for expenses on Amtrak's entire network, including long-
distance routes that operate on the NEC. Of this amount, the
bill allows the Secretary to retain up to $2,000,000 to fund
expenses associated with the state-supported route committee,
and not less than $50,000,000 shall be for railroad safety
technologies on state-supported routes on which PTC systems
are not required. Further, no less than $50,000,000 shall be
for capital expenses that enable continued passenger rail
operation on long-distance routes where Amtrak is the sole
operator and PTC systems are not required.
The GAO is not required to submit a report on on-time
performance, but the Amtrak OIG is required to submit a
similar report.
ADMINISTRATIVE PROVISIONS-FEDERAL RAILROAD ADMINISTRATION
Section 150 limits overtime to $35,000 per employee.
Amtrak's president is allowed to waive this restriction for
specific employees for safety or operational efficiency
reasons. Amtrak's president is required to provide an annual
report by March 1, 2019 that summarizes Amtrak's total
overtime expenses in 2018 and the three prior years, and the
number of employees receiving overtime cap waivers and total
overtime payments resulting from waivers by month of the 2018
calendar year and the three prior calendar years.
Section 151 expresses the sense of Congress that long
distance passenger rail routes should be retained to ensure
connectivity throughout the National Network.
Federal Transit Administration
ADMINISTRATIVE EXPENSES
The bill provides $113,165,000 for the administrative
expenses of the Federal Transit Administration (FTA), of
which up to $1,000,000 shall be available for administrative
expenses related to transit asset management.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
The bill limits obligations from the mass transit account
for transit formula grants to $9,939,380,030 as authorized by
the FAST Act. Funds are to be distributed as authorized.
Further, the bill provides $9,900,000,000 for the liquidation
of contract authority.
TRANSIT INFRASTRUCTURE GRANTS
The bill provides an additional $700,000,000 in transit
infrastructure grants to remain available until expended. Of
the funds provided, $350,000,000 is available for grants for
buses and bus facilities authorized under 49 U.S.C. 5339, of
which $160,000,000 is provided for formula grants,
$160,000,000 is provided for competitive grants, and
$30,000,000 is provided for low or no emission grants;
$263,000,000 is available for state of good repair grants
authorized under 49 U.S.C. 5337; $40,000,000 available for
formula grants for rural areas authorized under 49 U.S.C.
5311; $40,000,000 is available for high density state
apportionments authorized under 49 U.S.C. 5340(d); $1,000,000
is available for the bus testing facility authorized under 49
U.S.C. 5318; and $6,000,000 is available for bus testing
facilities authorized under 49 U.S.C. 5312(h). The bill
provides funding from the general fund, and the funding is
not subject to any limitation on obligations.
TECHNICAL ASSISTANCE AND TRAINING
The bill provides $5,000,000 for research activities under
49 U.S.C. 5314. In addition to the directly appropriated
funds, another $9,000,000 is provided through the obligation
limitation under the heading ``Transit Formula Grants''. Of
the amounts provided, no less than $1,500,000 shall be for
cooperative agreements where FTA assists small urban, rural,
and tribal public transit recipients and planning
organizations, and no less than $5,000,000 shall be available
for technical assistance and training to increase mobility
for people with disabilities and older adults.
CAPITAL INVESTMENT GRANTS
The bill provides $2,552,687,000 for fixed-guideway
projects to remain available until September 30, 2022, and
the Secretary is directed to administer the Capital
Investment Grants (CIG) program and move projects through the
program to construction in accordance with the requirements
of 49 U.S.C. 5309 and section 3005(b) of the FAST Act. Of the
funds provided, $1,265,670,000 is available for new starts
projects, $635,000,000 is available for core capacity
projects, $526,500,000 is available for small starts
projects, $100,000,000 is available for the expedited project
delivery pilot program, and $25,517,000 is available for
oversight activities. The Secretary is directed to obligate
$2,169,783,950 of the amount provided for the Capital
Investment Grants Program by December 31, 2020.
FTA is directed to carry out the will of Congress and
continue to advance eligible projects into project
development, engineering, and construction through the CIG
evaluation, rating, and approval process. The Secretary is
directed to allow projects to enter into project development,
advance projects through project development, advance
projects into engineering, enter into Full Funding Grant
Agreements (FFGA) for new starts or core capacity projects
that have met the requirements, and to enter into grant
agreements for small starts projects that have met the
requirements. FTA is directed to continue to update the
Committees on the status of projects in the pipeline, and
include a list of all letters of no prejudice and early
systems work agreements under review by the FTA in each
monthly CIG program update. The list should include the
requestor, the date the request was received by FTA, and any
status changes since the last update. The Secretary is
directed to maintain the Federal government's funding
commitments for all existing grant agreements, and identify
all projects with a medium or higher rating that anticipate a
grant agreement in fiscal year 2019 or 2020. The FTA may
allocate funding for projects without an FFGA.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
The bill provides $150,000,000 to carry out section 601 of
division B of Public Law 110-432, to remain available until
expended.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds provided in this Act for fixed
guideway capital investment projects that remain unobligated
by September 30, 2022 to be available for projects to use the
funds for the purposes for which they were originally
provided.
Section 162 allows for the transfer of appropriations made
prior to October 1, 2017 from older accounts to be merged
into new accounts with similar current activities.
Section 163 prohibits funds to enter into an FFGA for a
project with a New Starts share greater than 51 percent.
Section 164 rescinds $46,560,000 of the unobligated amounts
from Transit Formula Grants.
[[Page H933]]
Section 165 prohibits the use of funds to implement or
further new CIG policies such as those detailed in the June
29, 2018 FTA ``Dear Colleague'' letter.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
The bill provides $36,000,000 for the operations,
maintenance, and capital asset renewal program activities of
the Saint Lawrence Seaway Development Corporation (SLSDC). Of
that amount, not less than $16,000,000 is provided for
capital asset renewal activities. SLSDC is directed to submit
an annual report to the House and Senate Committees on
Appropriations on its asset renewal program activities by
April 30, 2019.
Maritime Administration
MARITIME SECURITY PROGRAM
The bill provides the authorized level of $300,000,000 for
the maritime security program, to be available until
expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
The bill provides a total of $149,442,000 for the Maritime
Administration's (MARAD) operations and training account. Of
this amount, $60,849,000 is for MARAD headquarters, regional
offices, and maritime program expenses, of which $50,849,000
is for headquarter operations, $7,000,000 is for the short
sea transportation program (America's Marine Highways), and
$3,000,000 is for the maritime environment and technology
assistance program.
Within the total amount provided, $88,593,000 is for the
U.S. Merchant Marine Academy (USMMA), of which $70,593,000 is
for operations, up to $10,000,000 is for the capital
improvement program, and not less than $8,000,000 is for
maintenance, repairs, and equipment.
The GAO is not required to report on whether USMMA should
be subject to additional Title IX requirements, nor is the
USMMA directed to provide updates on the status of the
implementation of actions plans to address sexual assault and
sexual harassment, as similar reports are already required
under sections 3508 and 3509 of P.L. 115-232. However, MARAD
is directed to provide the reports required under P.L. 115-
232 to the House and Senate Committees on Appropriation upon
completion and to provide briefings on these subjects
immediately upon request.
The Secretary is directed to consult with the Assistant
Secretary of the Army for Civil Works to identify existing
and new authorities needed to leverage funds from DOT for
inland waterway projects.
Budget activities are moved and unobligated balances
associated with state maritime academy functions and programs
are transferred to a new state maritime academy operations
account.
STATE MARITIME ACADEMY OPERATIONS
The bill provides a total of $345,200,000 for state
maritime academy operations. Of this amount, $25,000,000 is
for schoolship maintenance and repair, $8,000,000 to support
the cost of sharing training ships, $6,000,000 for direct
payments to State Maritime Academies (SMAs), $2,400,000 for
the student incentive program, and $3,800,000 for fuel
assistance payments.
The bill also provides $300,000,000 for the design and
construction of a new common schoolship for the national
security multi-mission vessel program, and MARAD is directed
to replace SMA training vessels based on the planned end-of-
service-life of existing training vessels, with the vessel
with the shortest remaining service life to be replaced
first. For ships that have the same end-of-service life,
preference shall be based on meeting training capacity needs.
The order of replacement based on end-of-service-life dates
for the SMA ships is as follows: TS Empire State--SUNY
Maritime College; TS Kennedy--Massachusetts Maritime Academy;
TS State of Maine--Maine Maritime Academy; TS General
Rudder--Texas A&M Maritime Academy; TS Golden Bear--
California Maritime Academy; TS State of Michigan--Great
Lakes Maritime Academy.
ASSISTANCE TO SMALL SHIPYARDS
The bill provides $20,000,000 for the small shipyard grant
program, to remain available until expended.
SHIP DISPOSAL
The bill provides $5,000,000 for the ship disposal program,
to remain available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides a total of $3,000,000 for administrative
expenses of the Title XI program and directs these funds to
be transferred to MARAD's operations and training account.
The Department is directed to expeditiously process pending
applications that meet the terms, conditions, and financial
performance requirements of the program.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
The bill provides a total of $292,730,000, to remain
available until expended, for the port infrastructure
development program authorized under 50302 of title 46,
United States Code. MARAD is directed to provide grants for
infrastructure improvement projects for coastal seaports that
are either within the seaport's boundary, or outside its
boundary if the project directly relates to port operations,
or to an intermodal connection to a port that improves the
safety, efficiency, or reliability of the movement of goods
into, out of, or around coastal seaports. Eligible projects
include, but are not limited to, highway or rail
infrastructure that develops or extends intermodal
connectivity, intermodal facilities, marine terminal
equipment, wharf construction or redevelopment, vessel
alternative fueling access and distribution, fuel efficient
cargo handling equipment, freight intelligent transportation
systems, and digital infrastructure systems. The Secretary is
directed to ensure that any fully-automated cargo-handling
equipment procured under this section will not directly
result in a net job loss or directly reduce the overall
safety, reliability and efficiency of a port.
Of the total, $92,730,000 shall be available for grants to
the 15 coastal seaports that handled the greatest number of
loaded twenty-foot equivalent units (TEUs) of foreign and
domestic containerized cargo in 2016, as reported by the U.S.
Army Corps of Engineers, and this set-aside does not preclude
eligibility for the remaining amounts made available under
this heading.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES
The bill provides $23,710,000 for the necessary operational
expenses of the Pipeline and Hazardous Materials Safety
Administration (PHMSA). PHMSA is directed to issue a final
rule to require comprehensive oil spill response plans for
rail carriers within 90 days of enactment of this Act and
institute a fine of $10,000 for each day that such rule has
not been issued following the expiration of that period.
HAZARDOUS MATERIALS SAFETY
The bill provides $58,000,000 for PHMSA's hazardous
materials safety functions. Of this amount, $7,570,000 shall
be available until September 30, 2021, and up to $800,000 in
fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund as offsetting receipts. Funds made available
until September 30, 2021, are for long-term research and
development contracts.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
The bill provides $165,000,000 for PHMSA's pipeline safety
program. Of that amount, $23,000,000 is derived from the oil
spill liability trust fund, $134,000,000 is derived from the
pipeline safety fund, and $8,000,000 is derived from fees
collected under 49 U.S.C. 60302 and deposited in the
underground natural gas storage facility safety account. Of
the total amount, not less than $53,000,000 shall be for
state pipeline safety grants.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
The bill provides an obligation limitation of $28,318,000
for emergency preparedness grants. Prior year recoveries may
be used to develop a hazardous materials response training
curriculum for emergency responders, to make such training
available through an electronic format, and to make grants to
train public sector employees and instructors on how to
respond to hazardous materials incidents.
Office of Inspector General
SALARIES AND EXPENSES
The bill provides $92,600,000 for the salaries and expenses
of the office of inspector general (OIG). The OIG is
requested to provide the House and Senate Committees on
Appropriations a report on the Florida International
University bridge collapse, within 180 days, that details:
(1) any prior safety violations during construction or
structural deficiencies related to design or construction
flaws in bridge projects involving any of the firms involved
in the design, construction, and inspection of the structure,
or their contractors; (2) any criminal conviction of these
firms for alleged design or construction deficiencies; (3) a
list of all firms which have received Federal funding from
the Department and that have a history of accidents,
violations, and/or structural deficiencies with frequencies
greater than those that would be consistent with construction
completed with the appropriate focus on the safety and
security of workers and the public requisite for these types
of projects.
General Provisions--Department of Transportation
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 prohibits funds in this Act for salaries and
expenses of more than 125 political and Presidential
appointees in the Department of Transportation.
[[Page H934]]
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 185 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement unless DOT
gives a 3-day advance notice to the House and Senate
Committees on Appropriations. The provision also requires
notice of any ``quick release'' of funds from FHWA's
emergency relief program, and prohibits notifications from
involving funds not available for obligation. The provision
requires DOT to provide a comprehensive list of all loans,
loan guarantees, lines of credit, and discretionary grants
that will be announced with a 3-day advance notice to the
House and Senate Committees on Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to
be made available until expended to cover expenses incurred
in recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the
Secretary for costs related to assessments only when such
funds provide a direct benefit to that modal administration.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits,
including distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference
not otherwise authorized by law, only if certain requirements
are met related to availability of local labor, displacement
of existing employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
The Department of Housing and Urban Development (HUD) is
required to continue its efforts to ensure victims of
domestic violence and assault are not unlawfully evicted or
denied housing, as required by the Violence Against Women
Reauthorization Act of 2013, and to report on these
activities within 180 days of enactment of this Act.
EXECUTIVE OFFICES
The bill includes $14,900,000 for the salaries and expenses
for executive offices, available until September 30, 2020,
which shall be comprised of seven offices including 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.
ADMINISTRATIVE SUPPORT OFFICES
The bill provides $541,500,000 for the salaries and
expenses for administrative support offices, available until
September 30, 2020. Funds are provided as follows:
------------------------------------------------------------------------
------------------------------------------------------------------------
Office of the Chief Financial Officer................ $70,400,000
Office of the General Counsel........................ 97,800,000
Office of Administration............................. 206,300,000
Office of the Chief Human Capital Officer............ 40,400,000
Office of Field Policy and Management................ 54,300,000
Office of the Chief Procurement Officer.............. 19,100,000
Office of Departmental Equal Employment Opportunity.. 3,800,000
Office of Business Transformation.................... 4,700,000
Office of the Chief Information Officer.............. 44,700,000
------------------
Total............................................ $541,500,000
------------------------------------------------------------------------
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
The bill provides $219,800,000 for the salaries and
expenses for the Office of Public and Indian Housing, to
remain available until September 30, 2020.
COMMUNITY PLANNING AND DEVELOPMENT
The bill provides $112,344,000 for the salaries and
expenses for the Office of Community Planning and
Development, to remain available until September 30, 2020.
HUD is directed to prioritize hiring and backfilling of staff
to support grant monitoring and the closeout of open audits
and backlog of audits in Regions I and IV. No less than
$444,000 is provided for new personnel hires in Region I in
order to fulfill mission critical functions, including
program oversight and management and the closeout of open
audits and backlog in Region I.
HOUSING
The bill provides $382,500,000 for the salaries and
expenses for the Office of Housing, to remain available until
September 30, 2020. The Department is directed to ensure the
Office of Recapitalization is funded at no less than
$12,000,000.
POLICY DEVELOPMENT AND RESEARCH
The bill provides $26,000,000 for the salaries and expenses
for the Office of Policy Development and Research, to remain
available until September 30, 2020.
FAIR HOUSING AND EQUAL OPPORTUNITY
The bill provides $72,900,000 for the salaries and expenses
for the Office of Fair Housing and Equal Opportunity, to
remain available until September 30, 2020.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
The bill provides $8,600,000 for the salaries and expenses
for the Office of Lead Hazard Control and Healthy Homes, to
remain available until September 30, 2020.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides the Secretary with the authority to
transfer amounts provided in this title for salaries and
expenses, except those for the Office of Inspector General,
to this account for the purpose of funding certain approved
centralized activities.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
The bill provides $22,598,000,000 for all tenant-based
Section 8 activities under the tenant-based rental assistance
account.
The amount of Section 8 administrative fees to be
distributed at the discretion of the Secretary is not
increased. It is encouraged, but not required, that HUD
prioritize the needs of Public Housing Authorities (PHAs)
that participate in the mobility demonstration program or
that have been impacted by disasters when awarding
discretionary administrative fee amounts. The authority to
make temporary adjustments to allocations for PHAs in an area
for which the President declared a disaster is not included.
Family mobility demonstration.--The bill includes
$25,000,000 to implement a family mobility demonstration,
including no less than $20,000,000 to support PHA programs
designed to empower families to successfully move to, and
remain in, lower-poverty areas and up to $5,000,000 for
incremental housing vouchers for families with children that
participate in the demonstration. Resources are included
within the policy development and research account to support
a systematic evaluation of the approaches employed under this
demonstration.
Public housing assessment system.-- Receipt of a HUD report
on potential changes to the public housing assessment system
for PHAs that operate 550 or fewer units and vouchers
combined is acknowledged and HUD is not directed to repeat
this reporting requirement in fiscal year 2019.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The bill includes language allowing unobligated balances in
the housing certificate fund to be used for renewal of or
amendments to section 8 project-based contracts and for
performance-based contract administrators.
PUBLIC HOUSING CAPITAL FUND
The bill provides $2,775,000,000 for the public housing
capital fund. The bill provides up to $14,000,000 for public
housing financial and physical assessment activities, up to
$1,000,000 for administrative and judicial receiverships, not
to exceed $30,000,000 for emergency capital needs, of which
not less than $10,000,000 is for safety and security
measures, up to $35,000,000 for the resident opportunities
and self-sufficiency program, $15,000,000 for the jobs-plus
pilot initiative, and $25,000,000 for competitive grants to
public housing agencies to evaluate and reduce lead-based
paint hazards in public housing. Funding is not included for
grants to support demolition of physically obsolete public
housing properties.
Emergency call systems.--The Office of Public and Indian
Housing is directed to issue the clarifying guidance
regarding emergency call systems required under Senate Report
115-268 within 90 days of enactment of this Act.
PUBLIC HOUSING OPERATING FUND
The bill provides $4,653,116,000 for the public housing
operating fund, to remain available until September 30, 2020.
CHOICE NEIGHBORHOODS INITIATIVE
The bill provides $150,000,000 for the choice neighborhoods
initiative, to remain available until September 30, 2021. The
bill includes language requiring that at least $75,000,000 be
made available to public housing agencies, and provide up to
$5,000,000 for grants to fund comprehensive local
implementation plans with community notice and input. The
Department is required to issue the notice of funding
availability within 60 days of enactment of this Act.
FAMILY SELF-SUFFICIENCY
The bill provides $80,000,000 for the family self-
sufficiency (FSS) program to support service coordinators who
serve residents in both the public housing and voucher
programs, to remain available until September 30, 2020.
NATIVE AMERICAN HOUSING BLOCK GRANTS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $755,000,000 for the Native American
Housing Block Grants program. Of the total amount,
$100,000,000 is provided for competitive grants, to remain
available until September 30, 2023 to be awarded through a
single national competition based on need and capacity. The
remaining $655,000,000 shall be for the formula funding
program, to remain available until September 30, 2023. Of
this amount, $7,000,000 is set-aside for inspections,
contracting expertise, training, and technical assistance
related to funding provided for the needs of Native American,
including no less than $2,000,000 to be awarded to a national
organization as authorized by section 703 of Native
[[Page H935]]
American Housing Assistance and Self Determination Act of
1996 (NAHASDA), and $2,000,000 is set-aside for the cost of
guaranteed loans as authorized by title VI of NAHASDA
provided the principal amount is no greater than $17,761,989.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
The bill provides $1,440,000, to remain available until
expended, to subsidize a total loan level of up to
$553,846,154.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
The bill provides $2,000,000 for the Native Hawaiian
Housing Block Grant program, to remain available until
September 30, 2023.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
The bill provides $393,000,000 for the housing
opportunities for persons with AIDS program, to remain
available until September 30, 2020, except for amounts
allocated pursuant to 854(c)(5) which are available until
September 30, 2021.
Community Development Fund
The bill provides $3,365,000,000 for the community
development fund, to remain available until September 30,
2021. Of the total, the bill provides $3,300,000,000 in
formula funding and $65,000,000 for Indian tribes, of which
up to $4,000,000 is available for imminent health and safety
emergencies.
COMMUNITY DEVELOPMENT LOAN GUARANTEES
PROGRAM ACCOUNT
The bill does not provide a credit subsidy for this
program, but instead provides the authority to collect fees
from borrowers adequate to result in a subsidy cost of zero.
The bill also provides an aggregate limitation on commitments
of no more than $300,000,000 for loan guarantees under
section 108.
HOME INVESTMENT PARTNERSHIPS PROGRAM
The bill provides $1,250,000,000, to remain available until
September 30, 2022, for the Home Investment Partnerships
(HOME) program.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
The bill provides a total of $54,000,000, to remain
available until September 30, 2021 in the following amounts
and for the following purposes: $10,000,000 for the self-help
homeownership opportunity program; $35,000,000 for the
second, third, and fourth capacity building activities
authorized under section 4(a) of the HUD Demonstration Act of
1993, of which not less than $5,000,000 shall be for rural
capacity building activities; $5,000,000 for capacity
building activities by national organizations with expertise
in rural housing development; and $4,000,000 for a program to
rehabilitate and modify homes of disabled or low-income
veterans as authorized under section 1079 of Public Law 113-
291.
HOMELESS ASSISTANCE GRANTS
The bill provides $2,636,000,000, to remain available until
September 30, 2021, for homeless assistance grants. Of the
amount provided, not less than $280,000,000 shall be for the
emergency solutions grants program; not less than
$2,219,000,000 shall be for the continuum of care and rural
housing stability assistance programs; up to $50,000,000
shall be for rapid re-housing projects and supportive service
projects providing coordinated entry, and for eligible
activities that are critical in order to assist survivors of
domestic violence, dating violence, and stalking; up to
$7,000,000 shall be for the national homeless data analysis
project; and up to $80,000,000 shall be for projects in up to
25 communities, including at least eight communities with
substantial rural populations, to demonstrate how a
comprehensive approach to serving homeless youth can reduce
youth homelessness, of which up to $5,000,000 shall be for
technical assistance on youth homelessness, and collection,
analysis, and reporting of data and performance measures
under the comprehensive approaches to serve homeless youth.
HUD, grantees, and communities are reminded that the
emergency solutions grant program is a flexible tool that can
prevent evictions and reduce unsheltered homelessness.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
The bill provides $11,347,000,000 for project-based rental
assistance activities, to remain available until expended, of
which not to exceed $245,000,000 is for performance-based
contract administrators. The bill also provides an additional
advance appropriation of $400,000,000, to be made available
on October 1, 2019, and allows the Secretary to use project
funds held in residual receipt accounts, unobligated
balances, including recaptures, and carryover for program
activities. HUD is encouraged to work with performance-based
contract administrators to identify cost savings while
ensuring continuation of all necessary tasks.
HOUSING FOR THE ELDERLY
The bill provides $678,000,000 for the Section 202 program,
to remain available until September 30, 2022, of which
$51,000,000 shall be for new capital advances and project-
based rental assistance contracts, up to $90,000,000 shall be
for service coordinators and the continuation of existing
congregate service grants, and $10,000,000 shall be for the
aging in place home modification grant program. The
appropriation, plus carryover balances and residual receipts,
fully funds all renewals, amendments, and property
inspections related to project-based rental assistance
contracts, senior preservation rental assistance contracts,
service coordinators, and existing congregate service grants.
HOUSING FOR PERSONS WITH DISABILITIES
The bill provides $184,155,000 for the Section 811 program,
to remain available until September 30, 2022. The
appropriation, plus carryover balances and residual receipts,
fully funds all project-based rental assistance contract
amendments and renewals. The bill includes $30,155,000 for
new capital advance and project rental assistance awards, and
HUD is directed to prioritize the creation of new unit
configurations that help localities comply with the
obligations of Olmstead v. L.C., 527 U.S. 581 (1999).
HOUSING COUNSELING ASSISTANCE
The bill provides $50,000,000 for housing counseling
assistance, including up to $4,500,000 for administrative
contract services, to remain available until September 30,
2020. The Secretary is required to award grants within 180
days of enactment of this Act and allow for the Secretary to
enter into multiyear grant agreements, subject to the
availability of annual appropriations.
RENTAL HOUSING ASSISTANCE
The bill provides $5,000,000 for the rental housing
assistance program and allow for the Department to use funds,
including unobligated balances and recaptured amounts, for
one-year contract extensions.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
The bill provides $12,000,000 for the manufactured housing
standards programs, of which $12,000,000 is to be derived
from fees collected and deposited in the manufactured housing
fees trust fund.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
The bill establishes a limitation of $400,000,000,000 on
commitments to guarantee single-family loans and $130,000,000
for administrative contract expenses during fiscal year 2019,
which shall be available until September 30, 2020. The bill
also provides an additional $1,400 for administrative
contract expenses, up to $30,000,000, for each $1,000,000 in
additional guaranteed loan commitments, if guaranteed loan
commitment levels exceed $200,000,000,000 by April 1, 2019.
Insurance for new mortgage commitments in fiscal year 2019
under Section 255 of the National Housing Act is required to
have a net credit subsidy cost that does not exceed zero. The
FHA is prohibited from taking adverse actions against
lenders in disaster affected areas based solely on compare
ratios.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
The bill establishes a $30,000,000,000 limitation on
multifamily and specialized loan guarantees during fiscal
year 2019, and provides that such commitment authority shall
be available until September 30, 2020. The Secretary is
directed to evaluate the impact of, and barriers associated
with, including hospitals with more than 50 percent of
patients attributable to mental health and substance abuse
treatment, in the hospital mortgage insurance program under
section 242 of the National Housing Act and expanding the use
of healthcare mortgage insurance program under section 232 of
the National Housing Act to include residential care
facilities that treat individuals with drug and alcohol
dependency, and to report to the House and Senate Committees
on Appropriations 120 days after enactment of this Act.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES
LOAN GUARANTEE PROGRAM ACCOUNT
The bill establishes a limitation of up to $550,000,000,000
for new commitments and provides $27,000,000 for salaries and
expenses for the government national mortgage association for
fiscal year 2019, which shall be available until September
30, 2020. The bill also provides an increase in salaries and
expense funds of $100 for each $1,000,000 in additional
guaranteed loan commitments, up to a maximum of $3,000,000,
if guaranteed loan commitments exceed $155,000,000,000 by
April 1, 2019.
Policy Development and Research
RESEARCH AND TECHNOLOGY
The bill provides $96,000,000 for research and technology
activities and technical assistance, to remain available
until September 30, 2020. The bill provides $50,000,000 for
core research and technology including: market surveys,
research support and dissemination, data acquisition, housing
finance studies, research partnerships, and housing
technology.
The bill provides not less than $29,000,000 under this
heading for technical assistance, of which $3,000,000 is for
non-profit or private sector organizations with distressed
cities or regions with populations under 40,000,000 and that
have been impacted by a natural disaster, and up to
$1,000,000 for envision center technical assistance.
The bill provides up to $17,000,000 for critical research,
demonstrations, and evaluations, including:
<bullet> Up to $1,000,000 for an envision center
evaluation;
<bullet> Up to $4,000,000 for the moving to work expansion
demonstration expansion evaluation;
<bullet> $3,000,000 for the housing mobility demonstration;
[[Page H936]]
<bullet> $2,000,000 for homeless youth research activities
authorized under section 345 of the Runaway and Homeless
Youth Act;
<bullet> Up to $1,000,000 for the Office of Innovation for
innovation awards;
<bullet> Continued funding for the choice neighborhood
implementation study and the rent reform demonstration; and
<bullet> New funding for: the Home Equity Conversion
Mortgage (HECM) improvement study; long term tracking of the
family self-sufficiency program; a process evaluation of the
Section 3 program; administrative data linkages to assess
long term outcomes of exit from assisted housing; and
research addressing the housing needs of older Americans.
In addition, HUD is directed to compile and publish all
research it supported over the prior 5 years relating to the
HECM program.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
The bill provides $65,300,000 for fair housing activities,
of which $39,600,000 is for the Fair Housing Initiatives
Program (FHIP), $23,900,000 is for the fair housing
assistance program, $1,500,000 is for the national fair
housing training academy, and $300,000 is for translated
materials. Of the funds available for FHIP, not less than
$7,450,000 is available for education and outreach programs.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
The bill provides $279,000,000 for the lead hazard control
and healthy homes programs, to remain available until
September 30, 2020. Of the amount provided, $45,000,000 is
available for the healthy homes initiative. The bill provides
$64,000,000 for the implementation of projects to demonstrate
how intensive, extended, multi-year interventions can reduce
the presence of lead-based paint hazards in low-income, pre-
1940 homes by achieving economies of scale that can lower the
cost of remediation activities. Seven five-year grants of no
less than $6 million per grant are directed to be awarded
pursuant to this demonstration program.
Information Technology Fund
The bill provides $280,000,000 for the information
technology fund, of which $260,000,000 is available until
September 30, 2020, and $20,000,000 is available until
September 30, 2021.
Office of Inspector General
The bill provides $128,082,000 for the salaries and
expenses of the office of inspector general.
General Provisions--Department of Housing and Urban Development
(Including Transfer of Funds)
(INCLUDING RESCISSIONS)
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of
1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government
Corporation Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2020 to be submitted in
the identical account and sub-account structure provided in
this Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for
persons with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal
year 2005.
Section 213 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 214 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State
on behalf of non-entitlement communities in the State.
Section 215 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 216 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 217 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 218 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2019.
Section 219 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses
appropriations, and requires the Department to submit a spend
plan to the House and Senate Committees on Appropriations.
Section 220 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less,
appropriated under the headings ``Administrative Support
Offices'' or ``Program Office Salaries and Expenses'' to any
other office funded under such headings.
Section 221 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 222 places a salary and bonus limit on public
housing agency officials and employees.
Section 223 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 224 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 225 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 226 prohibits the use of funds to terminate the
status of a unit of general local government as a
metropolitan city with respect to grants under section 106 of
the Housing and Community Development Act of 1974.
Section 227 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement
to be reobligated for additional research.
Section 228 prohibits funds for financial awards for
employees subject to administrative discipline.
Section 229 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program for fiscal year 2019.
Section 230 allows program income as an eligible match for
2015, 2016, 2017, 2018, and 2019 continuum of care funds.
Section 231 permits HUD to provide one year transition
grants under the continuum of care program with no more than
50 percent of the grant provided for costs of eligible
activities of the program component originally funded.
Section 232 prohibits the use of funds 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'' or the notice entitled,
``Affirmatively Further Fair Housing Assessment Tool''.
Section 233 prohibits section 218(g) and 231(b) of the
Cranston-Gonzalez National Affordable Housing Act from
applying 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.
Section 234 rescinds the balance of previously appropriated
funds.
Section 235 authorizes a housing choice voucher mobility
demonstration program.
Section 236 repeals a reporting requirement.
Section 237 maintains current Promise Zone designations and
agreements.
Section 238 prohibits funds from being used to establish
review criteria, including rating factors or preference
points, for competitive grants programs for EnVision Center
participation or coordination.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
The bill provides $8,400,000 for the salaries and expenses
of the Access Board.
Federal Maritime Commission
SALARIES AND EXPENSES
The bill provides $27,490,000 for the salaries and expenses
of the Federal Maritime Commission, of which not more than
$2,000 may be available for official reception and
representation expenses. Of the funds provided, not less than
$365,000 is available for the Office of Inspector General.
National Railroad Passenger Corporation
Office Of The Inspector General
SALARIES AND EXPENSES
The bill provides $23,274,000 for the National Railroad
Passenger Corporation Office of the Inspector General, and
direct the Inspector General to update a 2008 DOT OIG report
titled ``Effects of Amtrak's Poor on-time Performance'' no
later than 240 days after enactment of this Act.
National Transportation Safety Board
SALARIES AND EXPENSES
The bill provides $110,400,000 for the salaries and
expenses of the National Transportation Safety Board (NTSB).
The NTSB is not directed to further investigate the recent
bridge collapse at Florida International University. Instead,
direction is provided on this issue to the Department of
Transportation Office of Inspector General.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
The bill provides $150,000,000 for the Neighborhood
Reinvestment Corporation, of which
[[Page H937]]
$5,000,000 shall be for a multi-family rental housing
program. In addition, the bill provides $2,000,000 for the
promotion and development of shared equity housing models.
Surface Transportation Board
SALARIES AND EXPENSES
The bill provides $37,100,000 for salaries and expenses.
The collection of up to $1,250,000 in user fees is permitted
to be credited to that appropriation and provide that the
general fund appropriation be reduced on a dollar-for-dollar
basis by the actual amount collected in user fees 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
The bill provides $3,600,000 for operating expenses of the
United States Interagency Council on Homelessness (USICH) and
extends authorization for the council until October 1, 2028.
The Government Accountability Office is directed to conduct
an evaluation of USICH management and governance structure
including the council's ability to effectively oversee the
Executive Director and the agency's annual operations, and
deliver a report to the House and Senate Committees on
Appropriations within one year of enactment of this Act.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds 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.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming
and transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2020, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent
domain is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S.
Government, except where transfer authority is provided in
this or any other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air
Transport Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance
is important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or
practice complaints filed at the amount authorized for
district court civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet or fleet
inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 419 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
Section 420 provides a modification cost for credit risk
premium repayment for a certain cohort of RRIF loans.
Section 421 modifies title 23 to amend federal truck weight
exemptions in the State of Kentucky.
Section 422 modifies title 23 to amend federal truck weight
exemptions for commercial motor vehicles powered either by
natural gas or electric battery.
Section 423 exempts truck length restrictions for the
transportation of sugar beets on specific routes in the State
of Oregon.
[[Page H938]]
[GRAPHIC] [TIFF OMITTED] TH180119.145
[[Page H939]]
[GRAPHIC] [TIFF OMITTED] TH180119.146
[[Page H940]]
[GRAPHIC] [TIFF OMITTED] TH180119.147
[[Page H941]]
[GRAPHIC] [TIFF OMITTED] TH180119.148
[[Page H942]]
[GRAPHIC] [TIFF OMITTED] TH180119.149
[[Page H943]]
[GRAPHIC] [TIFF OMITTED] TH180119.150
[[Page H944]]
[GRAPHIC] [TIFF OMITTED] TH180119.151
[[Page H945]]
[GRAPHIC] [TIFF OMITTED] TH180119.152
[[Page H946]]
[GRAPHIC] [TIFF OMITTED] TH180119.153
[[Page H947]]
[GRAPHIC] [TIFF OMITTED] TH180119.154
[[Page H948]]
[GRAPHIC] [TIFF OMITTED] TH180119.155
[[Page H949]]
[GRAPHIC] [TIFF OMITTED] TH180119.156
[[Page H950]]
[GRAPHIC] [TIFF OMITTED] TH180119.157
[[Page H951]]
[GRAPHIC] [TIFF OMITTED] TH180119.158
[[Page H952]]
[GRAPHIC] [TIFF OMITTED] TH180119.159
[[Page H953]]
[GRAPHIC] [TIFF OMITTED] TH180119.160
[[Page H954]]
[GRAPHIC] [TIFF OMITTED] TH180119.161
[[Page H955]]
[GRAPHIC] [TIFF OMITTED] TH180119.162
[[Page H956]]
[GRAPHIC] [TIFF OMITTED] TH180119.163
[[Page H957]]
[GRAPHIC] [TIFF OMITTED] TH180119.164
[[Page H958]]
____________________